12 staff reports to be used in the preparation of the City Council agenda.
F. CALL TO ORDER
The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Mayor Pro Tem. In the absence of the Mayor and Mayor Pro Tem, the meeting shall be called to order by the most senior Council Member present. This person shall serve as the Council’s presiding officer until the arrival of the Mayor or Mayor Pro Tem, or until adjournment of the meeting.
G. QUORUM
Three members of the City Council shall constitute a quorum for the transaction of business. A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law, require a greater majority. All ordinances, resolutions, and orders for the payment of money require at least three affirmative votes.
H. LACK OF QUORUM
If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned or if no member of the City Council is present, the City Clerk may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.
I. RECOGNITION TO SPEAK, COUNCIL MEMBER
Every Council Member desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine his or her remarks to the item coming before the City Council.
1. Interruptions:
A Council Member, once recognized, may voice concerns, comments or ask staff to provide explanation or clarification of the item before the City Council, without interruption, unless out of order with the rules and procedures established herein.
2. Public Hearings:
Council Members should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.
J. COUNCIL MEMBERS’ OBLIGATION AFTER ABSENCE
When a Council Member is absent from an earlier meeting at which a matter was August 12, 2025 Regular Meeting of the Exeter City Council
13 discussed, it shall be the duty of that Council Member to become acquainted with the issues discussed by reading the documents presented, reviewing the minutes from the meeting in which that item was discussed, listening to or viewing the taped recording of the meeting missed in order to further participate in future discussions and/or vote on the item.
K. ADJOURNMENT OF MEETING
The Mayor shall adjourn the meeting. In the instance of the lateness of the hour the Mayor may also adjourn the meeting to a date and time specific to continue discussions on either the remainder of the agenda or on a specific item for discussion.
L. AGENDA ITEMS OUT OF ORDER
The Mayor, may, with the consent of the City Council, modify the order of the agenda at the meeting, if such modifications would promote fluidity in the process and discussions.
M. AUDIO RECORDINGS
All regular meetings (except closed sessions) of the City Council are audio recorded. All special meetings, inclusive of, but not limited to study sessions, budget sessions are recorded. Audio recordings are in digital format and are to be archived in accordance with the City’s Records Retention Policy.
N. VIDEO RECORDINGS
The City may video record meetings. In the event a meeting is video recorded, the record will be archived in accordance with the City’s Records Retention Policy.
O. AGENDA FORMAT FOR REGULAR MEETINGS
The agenda format for the Exeter City Council regular meetings may be prepared to include, but not limited to the following categories and/or sub-categories, not necessarily in the order herein reflected:
CALL TO ORDER REGULAR SESSION
INVOCATION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
SPECIAL PRESENTATIONS
CONSENT CALENDAR
INDIVIDUAL BUSINESS ITEMS
August 12, 2025 Regular Meeting of the Exeter City Council
14 COUNCIL ITEMS OF INTEREST
CITY ADMINISTRATION/DEPARTMENT COMMENTS
ADJOURN REGULAR MEETING
P. COMPONENTS OF REGULAR MEETING
The following sections of a regular meeting agenda shall set forth the guidelines of decorum for each respective section of the agenda:
1. Public Comments
This is the time for citizens to comment on subject matters that are not on the agenda that are within the jurisdiction of the Exeter City Council.
In compliance with public meeting laws, Council cannot discuss topics that are not included on the published agenda. This is also the time for citizens to comment on items listed on the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar Items and all Individual Business or Public Hearing Items that are listed on this agenda will be heard at the time that item is discussed or at a time the Public Hearing is opened for comment.
In fairness to all who wish to speak, comments shall be limited to five (5) minutes for each individual, ten (10) minutes for an individual representing a group, and thirty (30) minutes overall for the entire public comment period, unless otherwise indicated by the Mayor. Although not required, speakers are asked to begin their comments by stating their name and city of residence.
2. Special Presentation
Items in this category are informational or ceremonial in nature only. No action is required or taken on these items. Issuance of Proclamations, Resolutions of Commendation, Introduction of Employees, presentation from citizen groups, etc., may be scheduled by the City Administrator or City Clerk in consultation with the Mayor.
3. Consent Calendar
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
4. Individual Business Items
Comments related to Individual Business and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council’s interest in conducting efficient, orderly meetings.
August 12, 2025 Regular Meeting of the Exeter City Council
15 5. City Council Items of Interest
In this section of the agenda, City Council may provide information or updates on meetings/conferences attended, complaints/concerns/praises received from constituents, announce upcoming events, present information of Council/City interest, etc. Items presented under this section cannot be acted upon at the meeting in which it is discussed; however, it may be agenized for a future meeting upon the majority approval of the City Council.
6. City Administrator/Department Comments
City Administrator/Department Comments may include updates on City projects and events. Items presented under this section cannot be acted upon at the meeting or discussed. Informational in nature only.
Q. MINUTES
The City Council utilizes hybrid minutes, a blending of action and/or verbatim minutes and shall be known as “summary minutes” which include the motions made, action taken, and a brief summary of council, staff and/or public comments. The digital audio recordings shall serve as the verbatim record and are kept in accordance with the City’s Records Retention Policy. Minutes may be approved under the Consent Calendar without reading. If, however, a Council Member raises a point of correction to the minutes of a City Council meeting, that correction may be made verbally for the record and approved at that meeting in which it is addressed.
R. LEGISLATIVE PROCEDURES
Generally, legislative proceedings shall be conducted in the following order:
Introduction of the item by the Mayor
Staff presentation
If applicable, Public Hearing opened by Mayor
Public Comments
If applicable, Public Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
Appeal proceedings shall be conducted in the following order:
Introduction of the item by the Mayor
Staff presentation
Hearing opened by Mayor
Appellant’s comments
Formatted: Indent: Left: 0"
August 12, 2025 Regular Meeting of the Exeter City Council
16 Public comments
Rebuttal-Appellant comments
Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
S. APPEALS
The filing of an appeal shall have the effect of staying the issuance of any permit or procedure until such time as the matter on appeal is resolved. If there are subsequent items to come before the Council that are subject to the outcome of the appeal, those items shall be listed following the item for appeal on the agenda; the decision of which shall be factored upon the Council’s decision on appeal.
T. CITY COUNCIL AGENDA ITEM REFERRALS
Any Council Member may, at a regularly scheduled meeting under “City Council Items of Interest”, request a matter which is not otherwise scheduled on a City Council agenda to be placed on a future agenda. The Council Member referring the item shall provide a brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the item.
The City Council, after considering the referral, may either refer the matter to staff to schedule as a future City Council agenda item or they may, by concurrence of the majority, advise to not place on a future agenda.
In addition to the verbal request process above, any City Council Member may also submit a written request via email to the City Administrator no less than seven (7) days prior to a regular City Council meeting, requesting that an item be listed on the Consent Calendar for Council consideration to be placed as an individual business item at a future meeting. If approved by majority vote of the City Council as part of the Consent Calendar, the requested item will be placed on the nexta future regular meeting agenda for discussion.
U. APPOINTMENTS
Appointment to the City Boards, Committees and Commissions (Planning Commission and Downtown Design Review Committee) shall be made as set forth in Ordinances adopted by the Exeter City Council and may be amended from time to time. Appointment to outside Agency Boards and Committees shall be made and reviewed consistent with the applicable Board’s or Committee’s regulations, and shall otherwise be reviewed every two (2) years in December in even years and as needed thereafter.
V. ADDRESSING THE CITY COUNCIL
August 12, 2025 Regular Meeting of the Exeter City Council
17 1. Speaker Form and Speaker Time
A person desiring to address the City Council may be encouraged to complete a Speaker Form. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit the time for individual comments. When deemed necessary, the Mayor may allocate a longer speaker time, other than what is noted on the agenda, without objection from the City Council.
Each person shall stand at the podium, if one is available, and is requested to state & spell his/her name and provide city of residence for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the Mayor. No question shall be asked of a Council Member or a member of City staff except through the Mayor.
2. One Speaker at a Time
No person, other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Mayor. All discussions shall be through the Mayor, and no question shall be asked of a Council Member or City Staff except through the Mayor.
3. Questions and Comments from the Public
Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Citizen Comments.
4. Addressing the City Council after a Public Comment and/or a Motion is made
No person in the audience may address the City Council after the public comment portion is concluded, or after a motion is made, without first securing permission from the Mayor to do so, and the Mayor is permitted but not required to recognized the interruption. Upon recognition by the Mayor and permission being granted by the City Council, the person so recognized shall confine him/herself to the question under discussion.
W. CONTINUED AGENDA ITEMS
It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, orally or in writing, as soon as possible prior to the meeting that such a request for continuance will be made.
August 12, 2025 Regular Meeting of the Exeter City Council
18 The City Clerk shall inform the Mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item.
The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council agrees. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.
X. PUBLIC HEARING CLOSED
Once a public hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor.
However, a public hearing may be re-opened by a majority approval by the Council to hear new information.
Y. CANCELLATION OF MEETING
The City Administrator in consultation with the Mayor, may cancel City Council meetings if there is no business to conduct, or a meeting date conflicts with City holidays. All noticing of the canceled meeting will be done by the City Clerk, or designee, in accordance with the law.
CHAPTER 3
DECORUM
A. ENFORCEMENT OF DECORUM
The Mayor shall designate the Chief of Police, or his/her designated representative as a sergeant-at-arms when necessary to attend City Council meetings for the purpose of maintaining order and decorum in the City Council Chambers, lobby, or other designated meeting location. Upon instructions from the Mayor, the sergeant-at-arms shall eject any person from the City Council Chambers, in conformance with State law.
B. CONDUCT IN THE CITY COUNCIL CHAMBERS
1. Council Chambers Defined
Council Chambers shall be, in addition to the usual and customary meeting location, any location or facility wherein a majority of the legislative body may meet for an open and public meeting as defined by the Brown Act, whether it be a regular meeting, special meeting, joint meeting, closed session or study session.
2. Rules of Decorum for the Public
Members of the audience shall not engage in any meeting disruption, which is defined as engaging in behavior during a meeting of a legislative August 12, 2025 Regular Meeting of the Exeter City Council
19 body that actually disrupts, disturbs, impedes or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following: a) a failure to comply with reasonable and lawful city council policies/regulations or other applicable laws, or b) engaging in behavior that constitutes use of force or a true threat of force as defined by law.
Examples include disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, and stamping of feet or other acts which actually disturbs, disrupts, impedes or otherwise renders the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the Mayor (or presiding member of the City Council), be subject to ejection from the meeting per Government Code Section , 54957.9 and 54957.95, if the audience member continues the behavior after having been warned of the consequences the presiding council member or his/her designee. Any person who violates these rules may be guilty of a misdemeanor. This section shall not be construed to prohibit public criticism of the policies, procedures, programs, or services of the agency, or the acts or omissions of the city council.
3. Rules of Conduct and Safety
When the City Council is in session, all persons present must preserve safety and order. Members of the public should sit in the seats provided, subject to ADA compliance, unless addressing the Council or entering or leaving the Council Chambers. Members of the public shall not block the aisles or exits in any manner. Members of the public should not bring audible equipment into the Council Chambers, including cellular phones or pagers, without first either turning said equipment off or to a silent mode.
4. Clearing of the Council Chambers
In addition to the remedies set forth above, in accordance with California Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting not feasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue the session. Representatives of the press or other media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this provision. The City Council may establish a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
5. Cell Phones
In order to minimize interference to audio recording equipment during a City Council cell phones shall be turned off or at minimum placed on silent during all meetings.
6. Media Equipment – Broadcast, News, Photograph, Print, August 12, 2025 Regular Meeting of the Exeter City Council
20 Published, Recording, Video
The use of media equipment that enables recording of information of an open and public meeting is permissible, absent a reasonable finding by the legislative body that the use of said equipment presents a persistent disruption (noise, illumination, obstruction of view or pathway) to the proceedings.
In the event that use of media equipment is disruptive, the Mayor may first seek to remedy of the equipment operator, asking that the device, whether it is noise, illumination, obstruction of view or pathway, be silenced, turned off, moved or removed from the area in question.
If the equipment operator refuses to make such accommodations the Mayor, by a reasonable finding of the legislative body, may determine that such use is a persistent disruption and bar the use of said equipment, illumination device and/or restrict the equipment operator from setting up at a particular location within the Council Chambers/meeting location.
C. COURTESY
1. Council Members
Council Members shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statement as to motives and personalities.
2. City Employees
Employees of the City shall observe the same rules of order and decorum applicable to the City Council.
3. Public Speakers
Members of the public have the right to attend City Council meetings and to address the City Council on specific agenda items and under the Citizen’s Comments section of the agenda. As noted above, the right of members of the public to address the City Council includes their right to criticize the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council and members of the City Council.
While the City Council meeting is in session, all persons must preserve order and decorum. A person who addresses the City Council under a specific agenda item or under Citizen’s Comments section of the agenda is subject to the rules of decorum and removal procedures set forth in Section B above.
4. Appointed members of Boards, Commissions and Committees Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City August 12, 2025 Regular Meeting of the Exeter City Council
21 Council.
D. NOISE IN THE LOBBY
Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.
E. CROWD CONTROL IN COUNCIL CHAMBERS
If the City Administrator, or the City Administrator’s designee, anticipates in advance a crowd larger than the maximum number of attendees allowed in the City Council Chambers, he/she shall provide for appropriate crowd control.
Alternatively, the City Administrator may in consultation with the Mayor, determine a different location to accommodate the crowd.
F. SMOKING
It is unlawful for any person to smoke in the City Council Chambers.
G. FOOD & DRINK
No food or drinks, other than bottled water, may be brought in by the public into the audience seating area of the City Council Chambers.
H. DISTRIBUTION OF LITERATURE AND OTHER MATERIALS IN CITY
COUNCIL CHAMBERS
No person, other than City staff, shall distribute flyers, leaflets, placards or other literature or circulate any petition within the City Council Chambers.
Flyers, leaflets, placards or literature may only be distributed to the Council by a member of the public under Citizen’s Comments, or by a project applicant/appellant pertaining to City business as may be referenced on the agenda, by approaching the City Clerk and requesting such material be distributed on their behalf.
Such other literature may only be displayed or distributed outside the City Council Chambers area.
CHAPTER 4
PROCEDURAL
RULES
A. RULES OF ORDER
The City Council shall determine its own rules of order and amend them from August 12, 2025 Regular Meeting of the Exeter City Council
22 time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council procedures shall be accomplished by a majority vote.
B. RULES OF DISCUSSION
1. Withdrawal of Motion
A motion may not be withdrawn by the maker of the motion without the consent of the Council Member who seconded the motion.
2. Voting
The City Council, in the absence of an electronic voting device, votes by “voice vote” on all matters before it, unless a roll call vote is required by law or is requested by the Mayor. Silence shall be recorded as an affirmative vote, unless abstention is required by law, in which case silence shall be recorded as an abstention. The Presiding Officer shall announce the results of the vote. The City Clerk shall show on ordinances and resolutions, the names of Council Members and their respective votes.
3. Failure to Vote
Absent a disqualification under State law, including conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Council Member to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Council Member who fails to vote shall nonetheless be counted toward making up a quorum, unless otherwise required by State law.
4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification
A Member of the City Council who abstains determines not to vote “yes” or “no”. A vote to “abstain” except for an identified legal disqualification shall be counted as an affirmative vote. A Council Member shall state a reason for abstaining prior to doing so; failure to do so will constitute the same action as silence or failure to vote. A Council Member who abstains from voting for other than an identified legal disqualification shall nonetheless be counted toward making up a quorum.
5. Abstention/Recuse: Conflict of Interest
Prior to consideration of any matter or item, Council Members may consult with the City Attorney concerning potential conflicts of interest.
Council Members shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote. Council Members shall state the specific reason for such disqualification. Unless the matter is on August 12, 2025 Regular Meeting of the Exeter City Council
23 the consent calendar, the abstaining Council Member shall leave the Council dais until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum. Further requirement on abstention and absence from the Chambers may be imposed by State law.
It should be noted; however, a Council Member may speak, on his/her own behalf – as opposed to on behalf of someone else – on certain matters that directly affect his/her financial interest even when conflicted out. Thus, while a Council Member would have to disqualify him/herself on a matter affecting a piece of property in which the Council Member has a financial interest, he/she may be able to address the Council, speaking to what the impact would be to his/her property or business. Any Council Member who chooses to speak on an item as an individual resident, that he/she are otherwise legally disqualified from participating as a Council Member, shall do so at their own risk and subject to any consequences from FPPC.
6. Tie Votes
When one Council Member is absent and a matter under discussion has a tie vote, the item will be considered denied and to have not passed. The City Council exercises “appellate jurisdiction” when it considers certain prior determinations in which it is conferred such specific authority . In these instances a tie vote constitutes a non-action, which is a denial of the appeal.
7. Motion for Reconsideration
Upon final vote by the Council of any agenda item, a motion for reconsideration may be made, but only during the Council meeting wherein the agenda item was approved or denied. Any motion made after the close of the Council meeting is untimely. The motion for reconsideration is allowed by a member of Council that voted as part of the majority of the original motion. The motion may be seconded by any member of Council.
If the motion to reconsider passes, then a member of Council may make a new motion related to the same item.
C. COUNCIL DAIS
The City Council seating area, most commonly referred to as the Council Dais is restricted to Council and City Staff at all times. Loitering or the dissemination of materials are not permitted in the area directly in front of the City Council seating area, commonly referred to as the well. Written or photographic materials are to be handed to the City Clerk for dissemination to the Council, and made part of the record.
CHAPTER 5
August 12, 2025 Regular Meeting of the Exeter City Council
24 ADMINISTRATIVE
RULES
A. PURCHASE BY CONTRACT OR IN THE OPEN MARKET
When the expenditure required for the purchase of any supplies exceeds the sum established by a policy through a resolution adopted by the City Council, the Purchasing Agent shall advertise for sealed proposals in the manner hereinafter prescribed for proposals for public work and the contract shall be awarded by the Council to the lowest responsible bidder, provided that the Council may reject all bids and order the Purchasing Agent to buy in the open market at a price less than the lowest bid received from a responsible bidder, and provided that if no bids are received, the Council may order the Purchasing Agent to buy in the open market. Until the Council shall otherwise provide by Ordinance, the Finance Director shall act as Purchasing Agent.
B. PUBLIC WORKS TO BE DONE BY CONTRACT
All public buildings and work, when the expenditure therefore shall exceed the sum established by a policy through a resolution adopted by the City Council, shall be done by contract, and shall be let to the lowest responsible bidder, after advertising one (1) time in a daily newspaper of general circulation, for sealed proposals for the work contemplated. Provided, that the Council may reject any and all bids, if deemed excessive, and re-advertise for bids to provide for the work to be done by the Department of Public Works.
C. EXECUTION OF DOCUMENTS
1. Ordinances, Resolutions and Ceremonial Certificates
The Mayor as Presiding Officer or in the Mayor’s absence the Mayor Pro Tem shall execute all Ordinances and Resolutions. Ceremonial Resolutions, Proclamations and Certificates will also be executed by the Mayor or in the Mayor’s absence the Mayor Pro Tem.
2. Contracts for Supplies, Public Buildings and Work
All contracts for supplies, public buildings and work shall be approved as to form by the City Attorney, and shall be signed by the Mayor or in his absence the Mayor Pro Tem, and attested to by the City Clerk, unless authorized to be signed by the City Administrator or Purchasing Officer per Exeter Code of Ordinances Section 2.10.
3. Agreements, Contracts, Addendums, Change Orders,
Memorandums of Understanding for Administrative, Managerial or Professional Services or Programs over $15,000
All agreements, contracts, or memorandums of understanding for administrative, managerial or professional services or programs August 12, 2025 Regular Meeting of the Exeter City Council
25 over
$15,000 shall be, upon approval of Council, approved as to form by the City Attorney, and shall be signed by the City Administrator, or the City Administrator’s designee, and attested to by the City Clerk.
4. Acting City Administrator Designation
In that the City Administrator is required to be away from the City from time to time, due to conferences, training, business trips, etc., and it is necessary that the City be represented within the authority of the City Administrator, the City Administrator has the ability to use discretion in selecting and designating an Acting City Administrator to carry out the ministerial duties for the duration of the City Administrator’s absence as set forth in writing when the Acting City Administrator is designated. Such designee shall be an Employee of the City.
D. COUNCIL ADMINISTRATIVE SUPPORT
1. Mail – All general mail is opened, date stamped and routed to the addressee.
2. Letters Addressed to Mayor and/or City Council Members – All letters addressed to the Mayor and/or City Council Members requiring a response from staff are copied to the City Administrator. A copy of the responses mailed, along with the original letters will be provided to each Council Member.
Letters addressed to the Mayor and/or City Council members that do not require a response, but provide information on Council agenda items or like matters will be copied to the full Council.
Mail pertaining to specific meetings where an individual Council Member is the appointed representative of the Council is opened, said mail will be distributed to that Council Member and not copied to the full Council.
3. Council Correspondence – All Council Members correspondence written with City resources (letterhead, typing, staff report, postage, etc.) will reflect the position of the full Council, not individual Council Member’s positions. All Council Member correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence.
4. Clerical Support – The City Administrator/City Clerk’s Office will coordinate the typing of correspondence requested by individual Council Members for communications reflecting the position of the full Council. All correspondence typed for Council Member will be on City letterhead and will reflect the position of the full Council, not individual Council Member and will be copied to the full Council.
August 12, 2025 Regular Meeting of the Exeter City Council
26 5. Council Notification of Significant Incidents – In conjunction with the City public safety departments, the City Administrator’s Office will report on significant incidents immediately once known via phone call or email.
6. Council Member Notification of Constituent Request for Communication – With regard to contacts addressed to Council Members but received by City Hall or Departments, citizens attempting to communicate with the City Council often call or email offices at City Hall or various City Departments. Such calls are referred to the City Administrator's Office. The City Administrator's staff will take a message and/or refer it to the appropriate Council Member (electoral district) or give the caller the telephone number or email address of the City Council Member so they may call them directly, according to instructions given by the Council Member.
E. RULES AND PROCEDURES ADMINISTRATION
1. Review of City Council Rules and Procedures – The Council will review and revise the Handbook of Rules and Procedures as needed.
2. Adherence to Rules and Procedures – During City Council discussions, deliberations and proceedings, the Mayor has been delegated the primary responsibility to ensure that the City Council, staff and members of the public adhere to the Council’s adopted protocol.
3. City Attorney as Rules and Procedures Advisor – At the behest of the full Council, the City Administrator may be directed to confer with the City Attorney in interpreting the City Council’s adopted Rules and Procedures and proposed changes.
4. Adherences to Administrative Procedure and Process of Rules and Procedures – The Council has delegated the City Administrator responsibility to discuss, on behalf of the full Council, any perceived or inappropriate administrative action with a Council Member. The City Administrator will discuss with the Council Member the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the City Administrator will report the concern to the full Council.
5. Applicability of Rules and Procedures – The City of Exeter City Council Handbook of Rules and Procedures shall also apply to all Board, Commissions and/or Committees as established by the City Council.
F. CONFLICT WITH CITY CHARTER, CITY MUNICIPAL CODE, CITY August 12, 2025 Regular Meeting of the Exeter City Council
27 PROCUREMENT POLICIES, ADMINISTRATION POLICIES, STATE OR
FEDERAL LAW
If there is any conflict contained hereinabove with the City Charter, City Municipal Code, City Procurement Policies, Administration Policies, State or Federal Law, such laws shall prevail over the provisions contained within this Handbook.
August 12, 2025 Regular Meeting of the Exeter City Council
EXETER CITY
COUNCIL
HANDBOOK OF
RULES AND
PROCEDURES
August 12, 2025 Regular Meeting of the Exeter City Council
PREFACE
As provided by California Government Code Section 36813, the City Council of the City of Exeter established the Handbook of Rules and Procedures contained herein. The Handbook shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended, or new rules are adopted in the manner provided herein.
In addition to the Handbook of Rules and Procedures, the City Council has included in this document other information which may be useful to the City Council, administrative staff, and the general public. This document is to be known as “The Handbook of Rules and Procedures of the City Council of the City of Exeter.”
Adopted October 25, 2022
Resolution 2022-42, dated October 25, 2022
Amended March 12, 2024
Resolution 2024-04, dated March 12, 2024
Amended January 14, 2025
Resolution 2025-02, dated January 14, 2025
August 12, 2025 Regular Meeting of the Exeter City Council
TABLE OF CONTENTS
CHAPTER 1 – GENERAL POWERS AND DUTIES
A. The City of Exeter................................................................................. 6 B. Council Elections .................................................................................. 6 C. Vacancies............................................................................................. 6-7 D. Mayor/Mayor Pro Tem Selection.......................................................... 7 E. Compensation ...................................................................................... 7 F. City Clerk .............................................................................................. 7 G. City Attorney (Special/Conflict Counsel)................................................ 8 H. Triangle of Policy, Process & Product ................................................... 8 I. Mayor as Presiding Officer and Duties Thereto..................................... 8 J. Mayor Pro Tem ..................................................................................... 9 K. Rules of Procedures ............................................................................. 9 L. Interference in Staff Functions ............................................................. 9 M. Council Voting...................................................................................... 9-10 N. Council Member Communication with Public…………………………….11 CHAPTER 2 – CITY COUNCIL MEETINGS
A. Regular Meetings ................................................................................. 10 B. Special Meetings .................................................................................. 10 C. Study Sessions ..................................................................................... 10-11 D. Closed Sessions................................................................................... 11 E. Agenda ................................................................................................. 11 F. Call to Order ......................................................................................... 12 G. Quorum ................................................................................................ 12 H. Lack of Quorum .................................................................................... 12 I. Recognition to Speak, Council Member................................................ 12
1. Interruptions ..................................................................................... 12
2. Public Hearings ................................................................................ 12 J. Council Members’ Obligation after Absence.......................................... 12-13 K. Adjournment of Meeting........................................................................ 13 L. Agenda Items of Order.......................................................................... 13 M. Audio Recordings ................................................................................. 13 N. Video Recordings ................................................................................. 13 O. Agenda Format for Regular Meetings .................................................. 13-14 P. Components of Regular Meetings ........................................................ 14
1. Public Comments ............................................................................ 14
2. Special Presentations ..................................................................... 14
3. Consent Calendar ........................................................................... 14
4. Individual Business Items................................................................ 14
5. City Council Items of Interest…………………………………………..14-15
6. City Administrator/Department Comments……………………………15
Q. Minutes................................................................................................. 15 R. Legislative Procedures ....................................................................... ..15-16 S. Appeals .............................................................................................. ..16 T. City Council Agenda Item Referrals.................................................... ..16 U. Appointments...................................................................................... 16 August 12, 2025 Regular Meeting of the Exeter City Council
V. Addressing the City Council................................................................ 16
1. Speaker Form and Speaker Time ................................................. 16-17
2. One Speaker at a Time ................................................................. 17
3. Questions and Comments from the Public .................................... 17
4. Addressing the City Council after a Motion is made ...................... 17 W. Continued Agenda Items ................................................................... 17 X. Public Hearing Closed ........................................................................ 17-18 Y. Cancellation of Meeting ...................................................................... 18 CHAPTER 3 - DECORUM
A. Enforcement of Decorum.................................................................... 18 B. Conduct in the City Council Chambers ............................................... 18
1. Council Chambers Defined ........................................................... 18-19
2. Rules of Decorum for the Public .................................................... 19
3. Rules of Conduct and Safety......................................................... 19
4. Removal from the Council Chambers............................................ 19
5. Cell Phones................................................................................... 19
6. Media Equipment – Broadcast, News, Photography, Print, Published, Recording, Video........................................................................... 19- 20 C. Courtesy............................................................................................. 20
1. Council Members .......................................................................... 20
2. City Employees ............................................................................. 20
3. Public Speakers ............................................................................ 20
4. Appointed Members of Boards, Commissions and Committees ... 20 D. Noise in the Lobby.............................................................................. 20 E. Crowd Control in Council Chambers................................................... 20-21 F. Smoking.............................................................................................. 21 G. Food and Drink................................................................................... 21 H. Distribution of Literature and Other Materials
in City Council Chambers.................................................................... 21 CHAPTER 4 – PROCEDURAL RULES
A. Rules of Order .................................................................................... 21 B. Rules of Discussion ............................................................................ 21
1. Withdrawal of Motion..................................................................... 21
2. Voting............................................................................................ 21-22
3. Failure to Vote ............................................................................... 22
4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification .............................................................................. 22
5. Abstention/Recuse: Conflict of Interest ......................................... 22
6. Tie Votes....................................................................................... 23 C. Council Dais ....................................................................................... 23 August 12, 2025 Regular Meeting of the Exeter City Council
CHAPTER 5 – ADMINISTRATIVE RULES
A. Purchase by Contract or in the Open Market ...................................... 23-24 B. Public works to be done by Contract .................................................. 24 C. Execution of Documents..................................................................... 24
1. Ordinances, Resolutions and Ceremonial Certificates .................. 24
2. Contracts for Supplies, Public Buildings and Work ........................ 24
3. Agreements, Contracts, Addendums, Change Orders,
Memorandums of Understanding for Administrative, Managerial or Professional Services/Programs Over $15,000 ............................. 24
4. Acting City Administrator Designation ........................................... 24 D. Council Administrative Support .......................................................... 25
1. Mail ............................................................................................... 25
2. Letters Addressed to Mayor and/or City Council Members ........... 25
3. Council Correspondence ............................................................... 25
4. Clerical Support............................................................................. 25
5. Council Notification of Significant Incidents................................... 25
6. Council Member Notification of Constituent Requests for Communication…………………………………………………………25-26
E. Rules and Procedures Administration ................................................. 26
1. Review of City Council Rules and Procedures .............................. 26
2. Adherence to Rules and Procedures............................................. 26
3. City Attorney as Rules and Procedures Advisor............................ 26
4. Adherences to Administrative Procedure and Process of Rules and Procedures.................................................................................... 26
5. Applicability of Rules and Procedures ........................................... 26 F. Conflict with City Charter, City Municipal Code, City Procurement Policies, Administration Policies, State or Federal Law ...................... 26 August 12, 2025 Regular Meeting of the Exeter City Council
6 CHAPTER 1
GENERAL INFORMATION, POWERS AND DUTIES
A. THE CITY OF EXETER
The City of Exeter has a City Council/City Administrator form of government.
Under this form of government, the elected City Council sets the policies for the operation of the Exeter City Government.
The administrative responsibility of the city rests with the City Administrator, who is appointed by the City Council.
B. COUNCIL ELECTIONS
The City Council consists of five members, elected by-district in five singlemember districts. One member of the City Council shall be elected from each district by the voters of that district alone. Each Council Member serves fouryear staggered terms, without limit. Elected Officials serve until his/her successor has been elected and qualified. Elections are held in November of even numbered years.
The City contracts with the County of Tulare to handle municipal elections.
C. VACANCIES
Pursuant to the Exeter City Charter the process for filling a vacancy in any elective office, from whatever cause arising, shall be set by Ordinance. The City has not designated a process for backfilling a vacancy created mid-term so the process requirements are dictated by general law. Government Code 36512 specifies how general law cities fill vacancies. Within 60 days of the creation of the vacancy, the City Council must either fill by appointment or call for a special election. If the Council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy by special election would hold office for the remainder of the unexpired term of the former incumbent.
The other option to fill the Council vacancy is by appointment within 60 days of the vacancy. If the vacancy occurs in the first half of the term, the person appointed to fill the vacancy shall hold office until the next general election. If the vacancy occurs in the second half of the term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office for the unexpired balance of the term of office.
Any individual appointed to a vacancy must be a registered voter and reside within the district in which the appointment is to be made.
August 12, 2025 Regular Meeting of the Exeter City Council
7 If any officer of the City shall remove from the City or absent himself/herself therefrom for more than thirty (30) days consecutively without the permission of the Council, or shall fail to qualify, or shall resign, or be convicted of a felony, or be adjudged insane, his/her office shall thereupon become vacant.
D. MAYOR/MAYOR PRO TEM SELECTION
The Mayor and Mayor Pro Tem are members of the City Council and selected by said Council and not elected by the voters. These positions typically serve a period of two years, without limit.
E. COMPENSATION
The City of Exeter Municipal Code Section 2.04.030 provides that Council Members, including the Mayor, are entitled to receive the sum of ten dollars for each meeting of the council the individual attends, whether such meeting be a regular meeting, a special meeting, or adjourned or a continued meeting no more than four meetings in any calendar month. The Council Members and their immediate family members have the option of participating in the City’s wellness clinic at their cost. Expenses for city related business (i.e. meetings, conference attendance, League Division dinners, etc.) are covered by the City. No other compensation is provided.
F. CITY CLERK
The City Clerk is appointed by the City Council by a majority vote. The City Clerk is the local official for elections, local legislation, the Public Records Act, the Political Reform Act, and the Brown Act (open meeting laws). Before and after the City Council takes action, the City Clerk, in consultation with the City Attorney, ensures that actions are in compliance with all federal, state and local statutes and regulations and that all actions are properly executed, recorded, and archived.
The statutes of the State of California prescribe the basic functions and duties of the City Clerk, and the Government Code and Election Code provide precise and specific responsibilities and procedures to follow.
The Office of the City Clerk is a service department within the municipal government upon which the City Council, all City departments, and the general public rely for information regarding the operations and legislative history of the City. The City Clerk serves as the liaison between the public and City Council and provides related municipal services. In the City of Exeter, the City Clerk also serves as the Human Resources Manager and Risk Manager.
August 12, 2025 Regular Meeting of the Exeter City Council
8 G. CITY ATTORNEY
The Exeter City Council appoints the City Attorney, who shall be an attorney-atlaw, duly admitted to practice in the courts of this state.
H. TRIANGLE OF POLICY, PROCESS & PRODUCT
The City Council establishes the Policy—establishing vision and direction for the community’s future.
The City Clerk, in consultation with the City Attorney, oversees the Process— ensuring that the decision-making process complies with federal, state, and local regulation and that it is properly recorded.
The City Administrator provides the Product—which is the primary reason for the existence of local government: to provide services to the taxpayer that the taxpayers cannot (or will not) provide for themselves.
I. MAYOR AS PRESIDING OFFICER AND DUTIES THERETO
The Mayor shall be recognized as the official head of the City of Exeter for all ceremonial purposes. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws. The Mayor shall act as the Presiding Officer at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the City Council. The Mayor may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all Council Members by these rules and shall not be deprived of any of the rights and privileges of a Council Member as such Presiding Officer. The Mayor shall possess no veto power.
The Mayor shall preserve strict order and decorum at all times. The Mayor may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: The length of time persons may speak, require that, if desirable, a spokesperson address the Council on behalf of a group of persons and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents. The Mayor shall state each item coming before the City Council, and shall upon conclusion of said presentation related thereto call for the vote. Following the vote, the Mayor shall announce the results of the vote.
The Mayor is eligible to vote on all motions, and shall direct the order of participation of Council Members. The Mayor shall, in all instances, have the last chance to speak. The Mayor shall sign all ordinances and resolutions adopted by the City Council during the Mayor’s presence. The Mayor shall sign all agreements and/or contracts, except where otherwise instructed or set forth by policy, or by approval by Council.
August 12, 2025 Regular Meeting of the Exeter City Council
9 J. MAYOR PRO TEM
In the absence of the Mayor, the Mayor Pro Tem shall possess and perform the power and duties of the Mayor. In that capacity, the Mayor Pro Tem shall sign ordinances and resolutions adopted in his/her presence. The Mayor Pro Tem may also sign agreements and/or contracts, except where otherwise instructed or set forth by policy, or approval of the Council.
K. RULES OF PROCEDURES
The City Council shall determine its own rules of procedures and amend them from time to time or adopt new rules as it deems necessary.
Simple Parliamentary Decorum shall govern meetings. The Mayor shall ask for a motion and a second prior to calling for a voice vote (i.e. ayes, nays, abstentions) absent an electronic voting device. In the instance of a vote on an ordinance or resolution the Mayor, absent an electronic voting device, may ask the Clerk to poll the Council, beginning with the member who motioned, then the member who seconded and alphabetically thereafter, with the Mayor being polled last unless required to do so for teleconference meetings.
The Mayor reserves the right to direct the Clerk to poll the Council on any vote .
Amendment to or adoption of new City Council Rules shall be accomplished by majority vote.
Any Council Member may move the Mayor to enforce the rules and a majority vote of the City Council shall require the Mayor to so act.
L. INTERFERENCE IN STAFF FUNCTIONS
The City Council shall deal with the administrative services of the City through the City Administrator, except for the purpose of inquiry, and neither the City Council nor any member thereof, shall give orders to subordinates of the City Administrator. No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Administrator.
The City Council shall deal with the Office of the City Attorney only through the City Attorney, except for the purpose of inquiry, and neither the City Council nor any member thereof, should give orders to subordinates of the City Attorney.
M. COUNCIL VOTING
A majority, also known as a simple majority, is a subset of a group that is more than half of the entire group (ex. 50% plus 1 of the members present.) A two-thirds majority or “super majority” means that two-thirds of the entire August 12, 2025 Regular Meeting of the Exeter City Council
10 membership of a body or more must agree to the proposition. It is much stronger than a simple majority requirement (ex. 50% plus 2 of the members). In the event of an absence the vote would have to be unanimous.
Resolutions, orders for payment of money, and all ordinances required a recorded majority vote of the total membership of the city council. Some actions, such as the passage of an urgency ordinance or adoption of a resolution of necessity, require a super majority of the entire membership, or a unanimous vote of those present. Also See Chapter 2, Section G below.
N. COUNCIL MEMBER COMMUNICATION WITH PUBLIC
Out-of-District Requests: Council Members will at times be contacted by citizens residing outside of their respective districts. When this occurs, City Council Members agree to advise the appropriate Council Member of the contact and matter of concern.”
CHAPTER 2
CITY COUNCIL MEETINGS
A. REGULAR MEETINGS
The times of City Council meetings are set by Resolution. Regular meetings of the City Council shall be open to the public and held on the second and fourth Tuesdays of every month, at the hour of 7:00 p.m. Closed Session, when necessary, shall be held no earlier than 6:00 p.m. and no later than 6:30 p.m., and may be adjourned and/or continued after the regular meeting as noted by the Mayor.
Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day, not a holiday, as if it were a regular meeting.
B. SPECIAL MEETINGS
A special meeting may be ordered at any time by the Mayor or by his/her designee whenever the public business may require it or upon the request from three members of the City Council. Whenever a special meeting shall be called, notice of such meeting shall be provided pursuant to State law.
C. STUDY SESSIONS
The City Council may meet in a “study session” called as a Special Meeting for the purpose of acquiring information on a particular subject(s). Study sessions shall be open to the public. Study sessions are not public hearings; however, public input will be received. The City Council may not vote or otherwise express consensus, intent, or direction and will not take any final action at a study August 12, 2025 Regular Meeting of the Exeter City Council
11 session, unless the agenda specifically notes such action of a vote, consensus, intent or direction.
D. CLOSED SESSIONS
Consistent with Government Code Section 54954.2 the Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law to consider or hear any matter which is authorized by State law to be heard or considered in closed session.
The general subject matter for consideration shall be expressed in an open meeting before such session is held. After closed session the legislative body must reconvene to open session and may be required to disclose action taken, if any.
The legislative body in a closed session can consider only matters covered in its agenda descriptions. City Council Members shall keep all written materials and verbal information provided to them on matters that are confidential under law in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials should be made to anyone other than Council Members, City Attorney, or City Administrator, unless one of the aforementioned is precluded or a subject thereof.
If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party should be by the designated representative handling the negotiations or litigation. A Council Member should not have any contact or discussions with the other party or its representative(s) involved concerning the negotiation during this time and not communicate any discussion conducted in closed sessions. All public statements, information, press releases, should be handled by the designated representative or spokesperson.
Government Code Section 54963 (a) – (f) outlines the injunctive relief and disciplinary actions that may be imposed on those who divulge confidential closed session discussions, without first receiving authorization from the legislative body.
E. AGENDA
In order to facilitate the orderly conduct of the business of the citizens of Exeter, the City Administrator, with input from Department Heads and the City Attorney shall set the agenda, reviewing same with the Mayor. The City Clerk shall arrange such matters as may have been timely provided, for inclusion in the agenda. Each member of the Council shall be provided with a copy of the City Council agenda in accordance with the provisions as outlined in the Brown Act.
In order for this to occur the City Clerk shall provide deadlines for the submittal of August 12, 2025 Regular Meeting of the Exeter City Council
12 staff reports to be used in the preparation of the City Council agenda.
F. CALL TO ORDER
The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Mayor Pro Tem. In the absence of the Mayor and Mayor Pro Tem, the meeting shall be called to order by the most senior Council Member present. This person shall serve as the Council’s presiding officer until the arrival of the Mayor or Mayor Pro Tem, or until adjournment of the meeting.
G. QUORUM
Three members of the City Council shall constitute a quorum for the transaction of business. A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law, require a greater majority. All ordinances, resolutions, and orders for the payment of money require at least three affirmative votes.
H. LACK OF QUORUM
If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned or if no member of the City Council is present, the City Clerk may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.
I. RECOGNITION TO SPEAK, COUNCIL MEMBER
Every Council Member desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine his or her remarks to the item coming before the City Council.
1. Interruptions:
A Council Member, once recognized, may voice concerns, comments or ask staff to provide explanation or clarification of the item before the City Council, without interruption, unless out of order with the rules and procedures established herein.
2. Public Hearings:
Council Members should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.
J. COUNCIL MEMBERS’ OBLIGATION AFTER ABSENCE
When a Council Member is absent from an earlier meeting at which a matter was August 12, 2025 Regular Meeting of the Exeter City Council
13 discussed, it shall be the duty of that Council Member to become acquainted with the issues discussed by reading the documents presented, reviewing the minutes from the meeting in which that item was discussed, listening to or viewing the taped recording of the meeting missed in order to further participate in future discussions and/or vote on the item.
K. ADJOURNMENT OF MEETING
The Mayor shall adjourn the meeting. In the instance of the lateness of the hour the Mayor may also adjourn the meeting to a date and time specific to continue discussions on either the remainder of the agenda or on a specific item for discussion.
L. AGENDA ITEMS OUT OF ORDER
The Mayor, may, with the consent of the City Council, modify the order of the agenda at the meeting, if such modifications would promote fluidity in the process and discussions.
M. AUDIO RECORDINGS
All regular meetings (except closed sessions) of the City Council are audio recorded. All special meetings, inclusive of, but not limited to study sessions, budget sessions are recorded. Audio recordings are in digital format and are to be archived in accordance with the City’s Records Retention Policy.
N. VIDEO RECORDINGS
The City may video record meetings. In the event a meeting is video recorded, the record will be archived in accordance with the City’s Records Retention Policy.
O. AGENDA FORMAT FOR REGULAR MEETINGS
The agenda format for the Exeter City Council regular meetings may be prepared to include, but not limited to the following categories and/or sub-categories, not necessarily in the order herein reflected:
CALL TO ORDER REGULAR SESSION
INVOCATION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
SPECIAL PRESENTATIONS
CONSENT CALENDAR
INDIVIDUAL BUSINESS ITEMS
August 12, 2025 Regular Meeting of the Exeter City Council
14 COUNCIL ITEMS OF INTEREST
CITY ADMINISTRATION/DEPARTMENT COMMENTS
ADJOURN REGULAR MEETING
P. COMPONENTS OF REGULAR MEETING
The following sections of a regular meeting agenda shall set forth the guidelines of decorum for each respective section of the agenda:
1. Public Comments
This is the time for citizens to comment on subject matters that are not on the agenda that are within the jurisdiction of the Exeter City Council.
In compliance with public meeting laws, Council cannot discuss topics that are not included on the published agenda. This is also the time for citizens to comment on items listed on the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar Items and all Individual Business or Public Hearing Items that are listed on this agenda will be heard at the time that item is discussed or at a time the Public Hearing is opened for comment.
In fairness to all who wish to speak, comments shall be limited to five (5) minutes for each individual, ten (10) minutes for an individual representing a group, and thirty (30) minutes overall for the entire public comment period, unless otherwise indicated by the Mayor. Although not required, speakers are asked to begin their comments by stating their name and city of residence.
2. Special Presentation
Items in this category are informational or ceremonial in nature only. No action is required or taken on these items. Issuance of Proclamations, Resolutions of Commendation, Introduction of Employees, presentation from citizen groups, etc., may be scheduled by the City Administrator or City Clerk in consultation with the Mayor.
3. Consent Calendar
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
4. Individual Business Items
Comments related to Individual Business and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council’s interest in conducting efficient, orderly meetings.
August 12, 2025 Regular Meeting of the Exeter City Council
15 5. City Council Items of Interest
In this section of the agenda, City Council may provide information or updates on meetings/conferences attended, complaints/concerns/praises received from constituents, announce upcoming events, present information of Council/City interest, etc. Items presented under this section cannot be acted upon at the meeting in which it is discussed; however, it may be agenized for a future meeting upon the majority approval of the City Council.
6. City Administrator/Department Comments
City Administrator/Department Comments may include updates on City projects and events. Items presented under this section cannot be acted upon at the meeting or discussed. Informational in nature only.
Q. MINUTES
The City Council utilizes hybrid minutes, a blending of action and/or verbatim minutes and shall be known as “summary minutes” which include the motions made, action taken, and a brief summary of council, staff and/or public comments. The digital audio recordings shall serve as the verbatim record and are kept in accordance with the City’s Records Retention Policy. Minutes may be approved under the Consent Calendar without reading. If, however, a Council Member raises a point of correction to the minutes of a City Council meeting, that correction may be made verbally for the record and approved at that meeting in which it is addressed.
R. LEGISLATIVE PROCEDURES
Generally, legislative proceedings shall be conducted in the following order:
Introduction of the item by the Mayor
Staff presentation
If applicable, Public Hearing opened by Mayor
Public Comments
If applicable, Public Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
Appeal proceedings shall be conducted in the following order:
Introduction of the item by the Mayor
Staff presentation
Hearing opened by Mayor
Appellant’s comments
Public comments
August 12, 2025 Regular Meeting of the Exeter City Council
16 Rebuttal-Appellant comments
Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
S. APPEALS
The filing of an appeal shall have the effect of staying the issuance of any permit or procedure until such time as the matter on appeal is resolved. If there are subsequent items to come before the Council that are subject to the outcome of the appeal, those items shall be listed following the item for appeal on the agenda; the decision of which shall be factored upon the Council’s decision on appeal.
T. CITY COUNCIL AGENDA ITEM REFERRALS
Any Council Member may, at a regularly scheduled meeting under “City Council Items of Interest”, request a matter which is not otherwise scheduled on a City Council agenda to be placed on a future agenda. The Council Member referring the item shall provide a brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the item.
The City Council, after considering the referral, may either refer the matter to staff to schedule as a future City Council agenda item or they may, by concurrence of the majority, advise to not place on a future agenda.
In addition to the verbal request process above, any City Council Member may also submit a written request via email to the City Administrator no less than seven (7) days prior to a regular City Council meeting, requesting that an item be listed on the Consent Calendar for Council consideration to be placed as an individual business item at a future meeting. If approved by majority vote of the City Council, the requested item will be placed on a future regular meeting agenda for discussion.
U. APPOINTMENTS
Appointment to the City Boards, Committees and Commissions (Planning Commission and Downtown Design Review Committee) shall be made as set forth in Ordinances adopted by the Exeter City Council and may be amended from time to time. Appointment to outside Agency Boards and Committees shall be made and reviewed consistent with the applicable Board’s or Committee’s regulations, and shall otherwise be reviewed every two (2) years in December in even years and as needed thereafter.
V. ADDRESSING THE CITY COUNCIL
August 12, 2025 Regular Meeting of the Exeter City Council
17 1. Speaker Form and Speaker Time
A person desiring to address the City Council may be encouraged to complete a Speaker Form. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit the time for individual comments. When deemed necessary, the Mayor may allocate a longer speaker time, other than what is noted on the agenda, without objection from the City Council.
Each person shall stand at the podium, if one is available, and is requested to state & spell his/her name and provide city of residence for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the Mayor. No question shall be asked of a Council Member or a member of City staff except through the Mayor.
2. One Speaker at a Time
No person, other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Mayor. All discussions shall be through the Mayor, and no question shall be asked of a Council Member or City Staff except through the Mayor.
3. Questions and Comments from the Public
Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Citizen Comments.
4. Addressing the City Council after a Public Comment and/or a Motion is made
No person in the audience may address the City Council after the public comment portion is concluded, or after a motion is made, without first securing permission from the Mayor to do so, and the Mayor is permitted but not required to recognized the interruption. Upon recognition by the Mayor and permission being granted by the City Council, the person so recognized shall confine him/herself to the question under discussion.
W. CONTINUED AGENDA ITEMS
It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, orally or in writing, as soon as possible prior to the meeting that such a request for continuance will be made.
The City Clerk shall inform the Mayor. The City Council will consider the request August 12, 2025 Regular Meeting of the Exeter City Council
18 for continuance prior to discussing the substance or merits of the agenda item.
The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council agrees. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.
X. PUBLIC HEARING CLOSED
Once a public hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor.
However, a public hearing may be re-opened by a majority approval by the Council to hear new information.
Y. CANCELLATION OF MEETING
The City Administrator in consultation with the Mayor, may cancel City Council meetings if there is no business to conduct, or a meeting date conflicts with City holidays. All noticing of the canceled meeting will be done by the City Clerk, or designee, in accordance with the law.
CHAPTER 3
DECORUM
A. ENFORCEMENT OF DECORUM
The Mayor shall designate the Chief of Police, or his/her designated representative as a sergeant-at-arms when necessary to attend City Council meetings for the purpose of maintaining order and decorum in the City Council Chambers, lobby, or other designated meeting location. Upon instructions from the Mayor, the sergeant-at-arms shall eject any person from the City Council Chambers, in conformance with State law.
B. CONDUCT IN THE CITY COUNCIL CHAMBERS
1. Council Chambers Defined
Council Chambers shall be, in addition to the usual and customary meeting location, any location or facility wherein a majority of the legislative body may meet for an open and public meeting as defined by the Brown Act, whether it be a regular meeting, special meeting, joint meeting, closed session or study session.
2. Rules of Decorum for the Public
Members of the audience shall not engage in any meeting disruption, which is defined as engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes or renders infeasible the August 12, 2025 Regular Meeting of the Exeter City Council
19 orderly conduct of the meeting and includes, but is not limited to one of the following: a) a failure to comply with reasonable and lawful city council policies/regulations or other applicable laws, or b) engaging in behavior that constitutes use of force or a true threat of force as defined by law.
Examples include disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, and stamping of feet or other acts which actually disturbs, disrupts, impedes or otherwise renders the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the Mayor (or presiding member of the City Council), be subject to ejection from the meeting per Government Code Section , 54957.9 and 54957.95, if the audience member continues the behavior after having been warned of the consequences the presiding council member or his/her designee. Any person who violates these rules may be guilty of a misdemeanor. This section shall not be construed to prohibit public criticism of the policies, procedures, programs, or services of the agency, or the acts or omissions of the city council.
3. Rules of Conduct and Safety
When the City Council is in session, all persons present must preserve safety and order. Members of the public should sit in the seats provided, subject to ADA compliance, unless addressing the Council or entering or leaving the Council Chambers. Members of the public shall not block the aisles or exits in any manner. Members of the public should not bring audible equipment into the Council Chambers, including cellular phones or pagers, without first either turning said equipment off or to a silent mode.
4. Clearing of the Council Chambers
In addition to the remedies set forth above, in accordance with California Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting not feasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue the session. Representatives of the press or other media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this provision. The City Council may establish a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
5. Cell Phones
In order to minimize interference to audio recording equipment during a City Council cell phones shall be turned off or at minimum placed on silent during all meetings.
6. Media Equipment – Broadcast, News, Photograph, Print, Published, Recording, Video
August 12, 2025 Regular Meeting of the Exeter City Council
20 The use of media equipment that enables recording of information of an open and public meeting is permissible, absent a reasonable finding by the legislative body that the use of said equipment presents a persistent disruption (noise, illumination, obstruction of view or pathway) to the proceedings.
In the event that use of media equipment is disruptive, the Mayor may first seek to remedy of the equipment operator, asking that the device, whether it is noise, illumination, obstruction of view or pathway, be silenced, turned off, moved or removed from the area in question.
If the equipment operator refuses to make such accommodations the Mayor, by a reasonable finding of the legislative body, may determine that such use is a persistent disruption and bar the use of said equipment, illumination device and/or restrict the equipment operator from setting up at a particular location within the Council Chambers/meeting location.
C. COURTESY
1. Council Members
Council Members shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statement as to motives and personalities.
2. City Employees
Employees of the City shall observe the same rules of order and decorum applicable to the City Council.
3. Public Speakers
Members of the public have the right to attend City Council meetings and to address the City Council on specific agenda items and under the Citizen’s Comments section of the agenda. As noted above, the right of members of the public to address the City Council includes their right to criticize the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council and members of the City Council.
While the City Council meeting is in session, all persons must preserve order and decorum. A person who addresses the City Council under a specific agenda item or under Citizen’s Comments section of the agenda is subject to the rules of decorum and removal procedures set forth in Section B above.
4. Appointed members of Boards, Commissions and Committees Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.
August 12, 2025 Regular Meeting of the Exeter City Council
21 D. NOISE IN THE LOBBY
Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.
E. CROWD CONTROL IN COUNCIL CHAMBERS
If the City Administrator, or the City Administrator’s designee, anticipates in advance a crowd larger than the maximum number of attendees allowed in the City Council Chambers, he/she shall provide for appropriate crowd control.
Alternatively, the City Administrator may in consultation with the Mayor, determine a different location to accommodate the crowd.
F. SMOKING
It is unlawful for any person to smoke in the City Council Chambers.
G. FOOD & DRINK
No food or drinks, other than bottled water, may be brought in by the public into the audience seating area of the City Council Chambers.
H. DISTRIBUTION OF LITERATURE AND OTHER MATERIALS IN CITY
COUNCIL CHAMBERS
No person, other than City staff, shall distribute flyers, leaflets, placards or other literature or circulate any petition within the City Council Chambers.
Flyers, leaflets, placards or literature may only be distributed to the Council by a member of the public under Citizen’s Comments, or by a project applicant/appellant pertaining to City business as may be referenced on the agenda, by approaching the City Clerk and requesting such material be distributed on their behalf.
Such other literature may only be displayed or distributed outside the City Council Chambers area.
CHAPTER 4
PROCEDURAL
RULES
A. RULES OF ORDER
The City Council shall determine its own rules of order and amend them from time to time, or adopt new rules as it deems necessary. Amendment to or August 12, 2025 Regular Meeting of the Exeter City Council
22 adoption of new City Council procedures shall be accomplished by a majority vote.
B. RULES OF DISCUSSION
1. Withdrawal of Motion
A motion may not be withdrawn by the maker of the motion without the consent of the Council Member who seconded the motion.
2. Voting
The City Council, in the absence of an electronic voting device, votes by “voice vote” on all matters before it, unless a roll call vote is required by law or is requested by the Mayor. Silence shall be recorded as an affirmative vote, unless abstention is required by law, in which case silence shall be recorded as an abstention. The Presiding Officer shall announce the results of the vote. The City Clerk shall show on ordinances and resolutions, the names of Council Members and their respective votes.
3. Failure to Vote
Absent a disqualification under State law, including conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Council Member to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Council Member who fails to vote shall nonetheless be counted toward making up a quorum, unless otherwise required by State law.
4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification
A Member of the City Council who abstains determines not to vote “yes” or “no”. A vote to “abstain” except for an identified legal disqualification shall be counted as an affirmative vote. A Council Member shall state a reason for abstaining prior to doing so; failure to do so will constitute the same action as silence or failure to vote. A Council Member who abstains from voting for other than an identified legal disqualification shall nonetheless be counted toward making up a quorum.
5. Abstention/Recuse: Conflict of Interest
Prior to consideration of any matter or item, Council Members may consult with the City Attorney concerning potential conflicts of interest.
Council Members shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote. Council Members shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the abstaining Council Member shall leave the August 12, 2025 Regular Meeting of the Exeter City Council
23 Council dais until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum. Further requirement on abstention and absence from the Chambers may be imposed by State law.
It should be noted; however, a Council Member may speak, on his/her own behalf – as opposed to on behalf of someone else – on certain matters that directly affect his/her financial interest even when conflicted out. Thus, while a Council Member would have to disqualify him/herself on a matter affecting a piece of property in which the Council Member has a financial interest, he/she may be able to address the Council, speaking to what the impact would be to his/her property or business. Any Council Member who chooses to speak on an item as an individual resident, that he/she are otherwise legally disqualified from participating as a Council Member, shall do so at their own risk and subject to any consequences from FPPC.
6. Tie Votes
When one Council Member is absent and a matter under discussion has a tie vote, the item will be considered denied and to have not passed. The City Council exercises “appellate jurisdiction” when it considers certain prior determinations in which it is conferred such specific authority . In these instances a tie vote constitutes a non-action, which is a denial of the appeal.
7. Motion for Reconsideration
Upon final vote by the Council of any agenda item, a motion for reconsideration may be made, but only during the Council meeting wherein the agenda item was approved or denied. Any motion made after the close of the Council meeting is untimely. The motion for reconsideration is allowed by a member of Council that voted as part of the majority of the original motion. The motion may be seconded by any member of Council.
If the motion to reconsider passes, then a member of Council may make a new motion related to the same item.
C. COUNCIL DAIS
The City Council seating area, most commonly referred to as the Council Dais is restricted to Council and City Staff at all times. Loitering or the dissemination of materials are not permitted in the area directly in front of the City Council seating area, commonly referred to as the well. Written or photographic materials are to be handed to the City Clerk for dissemination to the Council, and made part of the record.
CHAPTER 5
ADMINISTRATIVE
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24 RULES
A. PURCHASE BY CONTRACT OR IN THE OPEN MARKET
When the expenditure required for the purchase of any supplies exceeds the sum established by a policy through a resolution adopted by the City Council, the Purchasing Agent shall advertise for sealed proposals in the manner hereinafter prescribed for proposals for public work and the contract shall be awarded by the Council to the lowest responsible bidder, provided that the Council may reject all bids and order the Purchasing Agent to buy in the open market at a price less than the lowest bid received from a responsible bidder, and provided that if no bids are received, the Council may order the Purchasing Agent to buy in the open market. Until the Council shall otherwise provide by Ordinance, the Finance Director shall act as Purchasing Agent.
B. PUBLIC WORKS TO BE DONE BY CONTRACT
All public buildings and work, when the expenditure therefore shall exceed the sum established by a policy through a resolution adopted by the City Council, shall be done by contract, and shall be let to the lowest responsible bidder, after advertising one (1) time in a daily newspaper of general circulation, for sealed proposals for the work contemplated. Provided, that the Council may reject any and all bids, if deemed excessive, and re-advertise for bids to provide for the work to be done by the Department of Public Works.
C. EXECUTION OF DOCUMENTS
1. Ordinances, Resolutions and Ceremonial Certificates
The Mayor as Presiding Officer or in the Mayor’s absence the Mayor Pro Tem shall execute all Ordinances and Resolutions. Ceremonial Resolutions, Proclamations and Certificates will also be executed by the Mayor or in the Mayor’s absence the Mayor Pro Tem.
2. Contracts for Supplies, Public Buildings and Work
All contracts for supplies, public buildings and work shall be approved as to form by the City Attorney, and shall be signed by the Mayor or in his absence the Mayor Pro Tem, and attested to by the City Clerk, unless authorized to be signed by the City Administrator or Purchasing Officer per Exeter Code of Ordinances Section 2.10.
3. Agreements, Contracts, Addendums, Change Orders,
Memorandums of Understanding for Administrative, Managerial or Professional Services or Programs over $15,000
All agreements, contracts, or memorandums of understanding for administrative, managerial or professional services or programs over
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25 $15,000 shall be, upon approval of Council, approved as to form by the City Attorney, and shall be signed by the City Administrator, or the City Administrator’s designee, and attested to by the City Clerk.
4. Acting City Administrator Designation
In that the City Administrator is required to be away from the City from time to time, due to conferences, training, business trips, etc., and it is necessary that the City be represented within the authority of the City Administrator, the City Administrator has the ability to use discretion in selecting and designating an Acting City Administrator to carry out the ministerial duties for the duration of the City Administrator’s absence as set forth in writing when the Acting City Administrator is designated. Such designee shall be an Employee of the City.
D. COUNCIL ADMINISTRATIVE SUPPORT
1. Mail – All general mail is opened, date stamped and routed to the addressee.
2. Letters Addressed to Mayor and/or City Council Members – All letters addressed to the Mayor and/or City Council Members requiring a response from staff are copied to the City Administrator. A copy of the responses mailed, along with the original letters will be provided to each Council Member.
Letters addressed to the Mayor and/or City Council members that do not require a response, but provide information on Council agenda items or like matters will be copied to the full Council.
Mail pertaining to specific meetings where an individual Council Member is the appointed representative of the Council is opened, said mail will be distributed to that Council Member and not copied to the full Council.
3. Council Correspondence – All Council Members correspondence written with City resources (letterhead, typing, staff report, postage, etc.) will reflect the position of the full Council, not individual Council Member’s positions. All Council Member correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence.
4. Clerical Support – The City Administrator/City Clerk’s Office will coordinate the typing of correspondence requested by individual Council Members for communications reflecting the position of the full Council. All correspondence typed for Council Member will be on City letterhead and will reflect the position of the full Council, not individual Council Member and will be copied to the full Council.
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26 5. Council Notification of Significant Incidents – In conjunction with the City public safety departments, the City Administrator’s Office will report on significant incidents immediately once known via phone call or email.
6. Council Member Notification of Constituent Request for Communication – With regard to contacts addressed to Council Members but received by City Hall or Departments, citizens attempting to communicate with the City Council often call or email offices at City Hall or various City Departments. Such calls are referred to the City Administrator's Office. The City Administrator's staff will take a message and/or refer it to the appropriate Council Member (electoral district) or give the caller the telephone number or email address of the City Council Member so they may call them directly, according to instructions given by the Council Member.
E. RULES AND PROCEDURES ADMINISTRATION
1. Review of City Council Rules and Procedures – The Council will review and revise the Handbook of Rules and Procedures as needed.
2. Adherence to Rules and Procedures – During City Council discussions, deliberations and proceedings, the Mayor has been delegated the primary responsibility to ensure that the City Council, staff and members of the public adhere to the Council’s adopted protocol.
3. City Attorney as Rules and Procedures Advisor – At the behest of the full Council, the City Administrator may be directed to confer with the City Attorney in interpreting the City Council’s adopted Rules and Procedures and proposed changes.
4. Adherences to Administrative Procedure and Process of Rules and Procedures – The Council has delegated the City Administrator responsibility to discuss, on behalf of the full Council, any perceived or inappropriate administrative action with a Council Member. The City Administrator will discuss with the Council Member the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the City Administrator will report the concern to the full Council.
5. Applicability of Rules and Procedures – The City of Exeter City Council Handbook of Rules and Procedures shall also apply to all Board, Commissions and/or Committees as established by the City Council.
F. CONFLICT WITH CITY CHARTER, CITY MUNICIPAL CODE, CITY
PROCUREMENT POLICIES, ADMINISTRATION POLICIES, STATE OR August 12, 2025 Regular Meeting of the Exeter City Council
27 FEDERAL LAW
If there is any conflict contained hereinabove with the City Charter, City Municipal Code, City Procurement Policies, Administration Policies, State or Federal Law, such laws shall prevail over the provisions contained within this Handbook.
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RESOLUTION NO. 2025-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER APPROVING
AMENDMENTS TO THE EXETER CITY COUNCIL HANDBOOK OF RULES AND
PROCEDURES TO UPDATE THE PROCESS FOR PLACING ITEMS ON THE CITY
COUNCIL AGENDA
WHEREAS, the City Council of the City of Exeter adopted the City Council Handbook of Rules and Procedures on October 25, 2022, to provide a framework for effective governance and efficient conduct of City Council business; and WHEREAS, the Handbook was subsequently amended by the City Council on March 12, 2024, and January 14, 2025, to reflect updated practices and procedural improvements; and
WHEREAS, the Handbook currently allows for the open discussion of Council Member updates, concerns, and announcements during meetings; and WHEREAS, the City Council desires to amend the Handbook to establish a transparent, orderly, and efficient written request process to allow Council Members to propose future business items for Council consideration; and WHEREAS, the proposed amendment would allow a Council Member to submit a written request via email to the City Administrator at least seven (7) days before a Council meeting, requesting that the item be placed on the Consent Calendar for approval to list the item as individual business on the subsequent meeting agenda; and WHEREAS, if approved by a majority of the City Council through Consent Calendar action, the item would then be placed as a business item on the next regular City Council meeting agenda; and
WHEREAS, the City Council has reviewed and considered the proposed amendment and finds it to be in the best interest of promoting open communication, transparency, and efficient meeting management.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Exeter as follows:
SECTION 1. The City Council hereby approves the amendment to the Exeter City Council Handbook of Rules and Procedures, as attached hereto and incorporated by reference, establishing a formal written process for Council Members to request the placement of future agenda items.
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SECTION 2.The updated version of the City Council Handbook of Rules and Procedures, reflecting the approved amendment, shall be maintained by the City Clerk and made publicly available.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Exeter on this 12th day of August 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________
Jacob Johnson, Mayor
ATTEST:
_________________________
Francesca Quintana, City Clerk
August 12, 2025 Regular Meeting of the Exeter City Council
Agenda Item Staff Report
Meeting Date:
August 12, 2025
Wording for Agenda:
Consider Authorizing a 30-day notice of termination for Clean Cut Landscape Management Inc. pursuant to the City of Exeter’s Landscape Maintenance Services Contract and RFB23-009 and Authorize Staff to Initiate a Formal Bidding Process for City of Exeter Park Maintenance Services and Execute a Month-toMonth Agreement with CSET for Interim Maintenance.
Submitting Department:
Public Works
Contact Name:
Zachary Boudreaux, Public Works Director
Department Recommendation:
Staff recommend that the City Council authorize issuance of a formal 30-day notice of termination to Clean Cut Landscape Management Inc. in accordance with the Contract for Landscape Maintenance Services for the City’s Parks and Public Buildings, and Request for Bids (RFB) #23-009, authorize staff to publish a request for bids for Landscape Maintenance Services for the City’s Parks and Public Buildings, and authorize staff to contract with Community Services Employment Training (CSET) in accordance with City of Exeter Informal Purchasing Procedure §3.36.080 for a limited term (month to month) for an amount not to exceed $25,000 until the conclusion of the formal bidding process.
Summary:
The City of Exeter contracted with Clean Cut Landscape Management Inc. in December 2023 for park and public facility landscaping services. Although the City extended the agreement through December 2025 via Addendum No. 1 (adopted March 11, 2025), ongoing performance issues have persisted.
Staff has received multiple complaints regarding repeated failures to meet service standards as outlined in the contract scope. These concerns have been communicated to the contractor.
Despite attempts to resolve the issues, the contractor has remained largely unresponsive.
For action by:
☒City Council
Regular Session:
☐Consent Calendar
☒Regular Item
☐Public Hearing
Review:
City Administrator
(Initials Required)
______
Agenda Item Number: J.5.
August 12, 2025 Regular Meeting of the Exeter City Council
Given the lack of improvement in service delivery and communication, staff recommends that the City provide Clean Cut Landscape Management Inc. a 30-day notice to terminate the contract for services agreement between Clean Cut Landscape Management Inc and the City of Exeter, consistent with Section 1 of RFB23-009 portion of the contract.
If the City Council takes action to issue a 30-day notice to terminate the contract for services agreement, the City will need to initiate a formal Request for Bids (RFB) for comprehensive park maintenance services across all City of Exeter parks. The RFB process can be completed in approximately 60 days. The time required to complete the RFB process will result in gap in service. Community Services Employment Training (CSET) has agreed to provide interim park maintenance until the conclusion of the formal bidding process if needed. The proposed rate of the interim contract is $12,084 per month.
Background:
Clean Cut Landscape Management Inc. was selected as the lowest bidder during the formal procurement process conducted in late 2023 (RFB23-009). Clean Cut Landscape Management Inc. bid proposal of $86,580 annually was significantly lower than the other proposals received, which ranged from $146,756.90 to over $222,000.
Following the January 2024 contract start date, staff documented a series of maintenance issues that have not been resolved. The performance issues conflict with the required scope of work, which includes routine and as-needed services to ensure parks remain in a clean, safe, and visually appealing condition. Despite repeated efforts to collaborate with the contractor on corrective actions—including emails, phone calls, site visits, and formal correspondence, the issues have not been resolved in an acceptable manner.
The Contract for Landscape Maintenance Services for the City of Exeter’s Parks and Public Building incorporates both the City of Exeter RFB 23-009 Landscape Maintenance Services – Parks and Public Buildings and the Contractor’s bid in response to RFB 23-009. Section 1, Objectives, of RFB 23-009 states: the contract may be terminated at any time for failure to perform satisfactorily or may be terminated after a 30-day notice to terminate.
Fiscal Impact:
• Current Annual Cost: $86,580
• Next Lowest 2023 Bid: $146,756.90
• Other 2023 Bids: $207,840, $212,880, and $222,720
It is expected that future landscape maintenance costs will increase based on 2023 bid data and inflationary pressures. However, funds are available in Measure P to support the anticipated increase in costs.
August 12, 2025 Regular Meeting of the Exeter City Council
If the City Council takes action to issue a 30-day notice to terminate the contract for services agreement, the City will need to initiate a formal Request for Bids (RFB) for comprehensive park maintenance services across all City of Exeter parks. The RFB process can be completed in approximately 60 days. The time required to complete the RFB process will result in a gap in service. Community Services Employment Training (CSET) has agreed to provide interim park maintenance until the conclusion of the formal bidding process if needed. The proposed rate of the interim contract is $12,084 per month.
Attachments:
• Original Request for Bids #23-009
• Contract and Addendum No. 1 with Clean Cut Landscape Management • Draft Contract for Interim Landscape Maintenance Services for City of Exeter’s Parks and Public Buildings
Recommended motion to be made by the City Council:
I move to authorize staff to issue a 30-day notice of termination to Clean Cut Landscape Management Inc. pursuant to the Contract for Landscape Maintenance Services for the City of Exeter’s Parks and Public Building and RFB Section 1, and to initiate a formal bidding process for City of Exeter Park Maintenance Services and execute a month-to-month agreement with CSET for interim maintenance.
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CONTRACT FOR INTERIM LANDSCAPE MAINTENANCE SERVICES
FOR
THE CITY OF EXETER’S PARKS AND PUBLIC BUILDINGS
This Agreement, entered into and effective this ____day of August, 2025 [“Effective Date”], by and between the City of Exeter, hereinafter referred to as the “CITY”, and____________________________, hereinafter referred to as the “CONTRACTOR.
R E C I T A L S
WHEREAS, CONTRACTOR is a Community Conservation Corps, with a primary business address of ______________________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Exeter desires to contract with CONTRACTOR for interim Landscape Maintenance Services for the City’s Parks and Public Buildings, pending solicitation for a longer term contract for said services; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to provide said services pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire no later than _______________________. The contract term shall be for a two 2 month period. Additionally, this Agreement may be terminated for convenience, with at least 10 days written notice. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
August 12, 2025 Regular Meeting of the Exeter City Council
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 Scope of Services
Attachment 2 Insurance Requirements
CONTRACTOR will invoice the City monthly on or before the 5th of each month.
CONTRACTOR shall provide all work/services described in “Scope of Services” in Attachment
1. 3. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor on a monthly basis Within 30 days from date of invoice for completed work
4. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
Total Max
Compensation:
$25,000.00
Source of Funds: Local Revenues
August 12, 2025 Regular Meeting of the Exeter City Council
Payment Schedule: Within 30 days from date of
invoice for completed work
5. INSURANCE:
With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described in Attachment
2. 6. Indemnification:
Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
It is the intent of the parties that Contractor will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.
The Contractor shall continuously protect City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the contract, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties.
This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.
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In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of EXETER in any emergency, the Contractor shall unconditionally comply therewith.
With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below.
7. AFFIRMATION:
Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.
8. INTEGRATION/MODIFICATION:
The Request for Bids, the Notice and Instructions to Contractors, Bid Proposal, Non Collusion Affidavit, Bidder's Bond, Bond for Faithful Performance, Bond for Material men and Laborers, Contract Agreement, Special Provisions, Project Manual, and the Plans mentioned therein together with all appendices, all of
which are hereto attached, are hereby incorporated in and made part of this Agreement.
9. MEDIATION:
For any controversy or claim arising out of or relating to this contract, or the breach thereof, the parties agree to make good faith attempts to engage in mediation prior to the filing of any lawsuit.
10.ATTORNEY FEES:
In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable attorneys’ fees and court costs incurred in the action or proceeding brought thereon.
11.FIREARMS PROHIBITED:
Guns may not be carried by Contractor while working on City of Exeter premises without the expressed written approval of the CITY, or an exemption in the contract. If the Contractor is caught carrying a firearm without CITY permission, the contract will be terminated.
August 12, 2025 Regular Meeting of the Exeter City Council
12.BUSINESS LICENSE CERTIFICATE: All contractors and/or subcontractors shall be required to obtain a City of Exeter Business Tax Certificate. No payment will be made to any contractor until such license is obtained.
13.PREVAILING WAGE/EXEMPTION: Contractor shall provide proof of the applicable exemption to State prevailing wage requirements as applicable to this contract, as a result of Contractor’s status as a Community Conservation Corps., and to the fullest extent permitted by law bears all risk associated with any failure to comply herewith.
14.COMPLIANCE WITH DISCRIMINATION LAWS. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, national origin, or other protected class.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: By:
Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF EXETER
Dated: By:
City Administrator
Dated: By:
City Attorney
Dated: By:
City Risk Manager
Dated: By:
Director of Public Works
August 12, 2025 Regular Meeting of the Exeter City Council
Attachment 1
CITY OF EXETER
STATE OF CALIFORNIA
SCOPE OF WORK/SERVICES
Project Name: Landscape Maintenance Services – Parks and Public Buildings Background
The City of Exeter is located in Tulare County and covers approximately 2.46 square miles. The City of Exeter is situated in the middle of California's agricultural heartland, the great San Joaquin Valley, one of the world's most fertile valleys. The area has scenic beauty, a thriving business community and a population of more than 11,169 who take great pride in the town's heritage, quality housing, good schools, and a low crime rate.
Objectives
The City has twelve (12) parks and two (2) public buildings to be included in this contract.
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Exeter must be "priority work" for the Contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the scope of work.
After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summarizing the status of the current landscape conditions and irrigation system along with a cost estimate to make the necessary corrections and present them to the Public Works Department for review. The City of Exeter will schedule a meeting with the Contractor to review the current landscape and irrigation conditions of the project work areas and agree to a resolution and approval of the project areas. The City will provide a statement summarizing the resolution of the current landscape conditions and irrigation system and must be executed by the Contractor in phases as stated below.
The Contractor will accept the conditions of the project area based off the agreed upon resolutions.
The City may conduct periodic inspections of the landscaping work by the Contractor and issue observed “Out of Compliance” reports to the Contractor. The Contractor will be required to review and remedy the observed “Out of Compliance” issues of those observed areas of the inspection reports by the City within seven (7) days. This does not relinquish the Contractor of any responsibility to inspect and ensure that all areas maintained by the Contractor are compliant as outlined in the contract.
A. GENERAL CONDITIONS
1. Standards. Contractor must perform services in a manner commensurate with the highest August 12, 2025 Regular Meeting of the Exeter City Council
quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.
The specifications and standards must be always met by Contractor regardless of Contractor’s employees’ absence or established staffing pattern and levels.
2. Working Day. The Contractor's activities must be confined to the hours between 6:00a.m. PST and 6:00p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property. No normal and routine maintenance operations that cause excessive noise shall be performed before 6:00 a.m. All or some locations may require blowing of parking lots and other hardscape areas prior to normal business hours of 8 a.m. PST to avoid materials and debris being scattered on vehicles or adjacent property. Contractor shall comply with the City of Exeter’s Municipal Code Noise Ordinance Special restrictions 9.20.030
3. Company Identification. All employees must wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the Contractor. All vehicles (trucks, etc.) used while fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the Contractor.
4. Professional Conduct. Contractor and Contractor’s employees must always conduct themselves professionally in public and when dealing with City staff and/or Exeter citizens. This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and Contractor’s employees will also always afford residents and citizens the utmost courtesy and respect.
Property Owner Concerns. As soon as the Contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Public Works Department of the concern (including the resident’s name and phone number if possible). The Public Works Department will provide direction to the Contractor with regards to the appropriate response.
5. Mowing (when applicable). All turf areas covered by this contract shall be mowed on a weekly basis.
6. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle. Contractor shall follow the City’s and State’s water conservation regulations.
Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor of any chemicals while performing this contract. Materialsshall be non-staining, non-corrosive, and shall notleave a flammable residue.
7. Fertilizer. Fertilization will be on an as needed basis. Quotes shall be provided to the Public Works Department when additional services are needed.
8. Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and August 12, 2025 Regular Meeting of the Exeter City Council
other operations of the Contractor, as well as bottles, cans, trash and paper and other yard waste. All trash and debris are to be immediately removed and disposed of. Trash, debris and green waste from City of Exeter landscaping may be disposed of at the City Corporation Yard located at 350 W. Firebaugh, during business hours.
9. Emergency Response. Contractor must be able to respond immediately to emergencies.
Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the Contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the Contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the Contractor must respond by 10 a.m. on the following working day.
Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which nonemergency messages can be received during the workday, i.e., phone messages, texts, email, etc.
10. Monthly Progress Reports. The Contractor shall provide monthly status reports with the monthly invoices. These reports are to include the following information:
a. Areas recommended for attention encountered during the month. b. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Public Works Department as part of the Contractor’s monthly report.
B. LANDSCAPE MAINTENANCE – SPECIFICATIONS
1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor. Failure of an existing system after notice of acceptance to provide full and adequate coverage shall not relieve the Contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the Contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection. Original brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.
Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, except for the testing of the back flow device. a. Maintenance. The Contractor must always maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and shrubs, and prevent excessive run-off into streets or other areas not intended to be irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.
The Contractor shall keep controllers and valve boxes free of dirt and debris; repair, August 12, 2025 Regular Meeting of the Exeter City Council
replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
• Sprinkler heads
• Spray nozzles
• Sprinkler risers
• Quick coupler valve boxes
• Hose bib boxes
• Remote control valves
• Remote control valve boxes and covers
• Maintain and replace batteries in battery operated controllers on a continual basis
• All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
• Propersolenoid replacement should be completed with dry and tight connections • Minor graffiti removal from irrigation controllers
August 12, 2025 Regular Meeting of the Exeter City Council
• Controllers to be keep free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller
If Contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Exeter reserves the right to bill Contractor for excess amount of water in addition to assessing a liquidated damage assessment of $100 per incident because it is difficult to estimate the potential losses in water and the City’s response time to complaints from residents. b. Inspection. The Contractor must inspect all irrigation systems on a weekly basis for any malfunction. This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas, or dry spots. Contractor must confirm irrigation scheduling is following the City’s water conservation plan. The Contractor must notify the Public Works Department within twenty-four (24) hours of any malfunctions. Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities.
Irrigation system leaks must be isolated within two (2) hours on the day reported to the Contractor. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement. Twenty-four (24) hour fixit notices will be sent to Contractor via email.
Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the Contractor's responsibility must be made by the Contractor prior to the end of the contract period.
If the repairs made are not to the City’s satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Director of Public Works.
c. Repairs. Irrigation systems which are aged, damaged by vandalism or in any way because of work performed under this contract must be repaired or replaced in kind and in an approved manner by the Contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the Contractor with the use of digital photos or video and supplied to the Public Works Department as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.
August 12, 2025 Regular Meeting of the Exeter City Council
The Contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Public Works Department, along with the regular monthly invoice, for reimbursement of materials only.
• Normal Repairs: Contractor isresponsible for all normal repairs(i.e., timers, control boxes, valves, control wires, sprinklers, nozzles, lateral water service lines etc.) • Major Repairs: The City of Exeter is responsible for maintaining the backflow devices including annual maintenance/testing and repairs, in addition to meter and main water service lines.
Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water.
d. Turf Watering (when applicable). All turf areas must be watered based on the City’s water conservation plan. It is preferred to maintain a uniform, green, healthy growth pattern and promote deep root growth. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Public Works Department.
e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, unless otherwise directed by the City.
Contractor will be responsible for any fines associated with not following the City’s Water Conservation Rules and Regulations.
f. Ground Cover. Enough water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not overwater or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color.
Irrigation practice is to promote deep root growth with a minimum of run-off. h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken not to over water.
Irrigation ratesshall be adjusted according to shrubs ortree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.
i. Remote Control Receiver: Upon contract commencement, the Contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all major irrigation systems.
August 12, 2025 Regular Meeting of the Exeter City Council
j. Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the Contractor to inspect the irrigation system effectively by utilizing the technology currently in place.
2. Weed Control. To this specification, a weed shall be any undesirable plant or plant growing out of place. Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept always weed free. Complete removal of all weed growth is to be accomplished on a continuing basis weekly, not just once each thirty (30) days. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the Contractor.
Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling.
Use of Chemical Herbicides. The Contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the Contractor's employees during chemical weed control operations. The City of Exeter may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the City of Exeter.
3. Diseases and Pest Control. The Contractor must regularly inspect all landscaped areas for the presence of disease, and insect, or rodent infestation. The Contractor shall notify the Public Works Department within three (3) days of finding such a condition. a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B and C, along with a valid Maintenance Gardener Pest Control Business License are required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms. b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down bi-weekly to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.
August 12, 2025 Regular Meeting of the Exeter City Council
c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures on a weekly basis. Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.
4. Plants. All shrubs and ground cover plants growing in the work area must be pruned as needed to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed off the plants on a weekly basisto allow for proper growth of the plants.
a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walkways, passageways, and streets. Clear view of traffic signs and intersections is to be always maintained. All shrubs and plant growth in planter areas along walls are to be maintained to the height of the wall without blocking any subdivision or safety signage or overhead or landscape lighting.
All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances. Mature trees must be raised above eighty-four (84) inches for site line visibility. Newly planted, young, or non-mature trees, multi-trunk trees, or large shrubs must also be raised or thinned to maintain site line visibility. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dying, or damaged plants (including trees) and any branches must be removed immediately. This debris, including plant growth removed by Contractor, shall be removed away from job sites, and appropriately disposed of. Hauling and disposing of said debris must be included in bid price. Green waste debris may be dumped at City Corporation Yard during business hours and at no cost to the Contractor.
c. Trees.
Using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards, all cuts shall be made cleanly with no stubs or projections remaining. No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or August 12, 2025 Regular Meeting of the Exeter City Council
plants and resulting in the need for the City to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice. Canopy clearance above sidewalks, bikeways, and other pathways of 84" is to be maintained for pedestrian safety. All regulatory street and traffic signs must always be clear from obstruction. Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.
Leaves in planter areas shall be removed on a continual basis. In addition, during seasonal drop leaves will need to be removed off walkways as needed forsafety. Fallen leaf material shall be removed off the plants on a weekly basis to allow for proper plant growth.
Newly planted trees that do not have trunk caliber sufficient to support the tree’s weight shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species. Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees.
Tree ties to be inspected often for signs of girdling or abrasion.
Trees damaged by maintenance equipment shall be replaced by Contractor with like size and species. Contractor is responsible for all costs related to replacement.
Maintenance shall include the removal of dead trees, limbs, and dead leaf material on a weekly basis. Dead trees will need to be replaced per the contract for plant replacement in section 6 of thisscope of work and per the discretion and determination of the City.
Young or new trees shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the Contractor for the first three (3) years of the tree’s life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of Exeter, Corporation Yard for storage.
The Contractorshall notify the City within twenty-four(24) hours of any tree thatshows sign of root heaving, leaning, having hanger limbs, or in some manner constitutes a safety hazard.
d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walkways, passageways, streets, curbing, and trailsto allow forsafe passage of users. Shrubs must August 12, 2025 Regular Meeting of the Exeter City Council
be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs.
5. Fertilization. Fertilization will be performed on an as needed basis, or as requested by the City. A slow-release fertilizer will be applied when fertilizer is requested.
The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth. All turf fertilizer shall be watered in thoroughly within two (2) hours of application. Fertilizer shall be applied uniformly using an appropriate spreader. Analysis of fertilizer shall be approved by the City prior to application. When fertilization is necessary the Contractor shall notify the City at least ten (10) days before any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be submitted to the City with monthly invoice.
6. Replacement of Plant Material
a. The Contractor must notify the City within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause. b. The Contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the Contractor or lost through the Contractor’s faulty maintenance or negligence. Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractorshall be the responsibility of the Contractor.
Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to Contractor faulty maintenance or negligence shall be determined by the Director of Public Works. The size and species of replacement plant material shall also be determined by the City of Exeter but shall be reasonably equal to the plant material that is being replaced.
c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the Contractor (as determined by the City), shall be replaced in kind and size at the City’s direction. The Contractor will perform the work and the City will pay for the Contractor’s labor at an hourly rate established in this contract.
From time to time, it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the City of Exeter’s decision. The Contractor will perform the work and the City will pay for the Contractor’s labor at contract rates and pay for replacement materials. All landscape repairs and August 12, 2025 Regular Meeting of the Exeter City Council
replanting requested by the City must be completed sixty (60) days prior to contract renewal or prior to termination of contract.
The Contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices to be reimbursed for plant replacement.
7. Turf Maintenance (When Applicable)
a. Mowing. The turf must be mowed and edged at regular intervals each week during its growing season to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by the City with notice from Contractor. Contractor will never mow turf when it is in a wet, saturated condition that would cause rutting, tearing, or sliding on the turf surface or when it could be unsafe for Contractor’s employees to operate equipment. All lawn areas in this contract shall be mowed with power-propelled reel or rotary-type mowers. Mowers shall be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions. Turf will be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes.
Blades shall be always keptsharp to prevent turf damage. Mowing patterns will be changed weekly or as often as necessary to avoid rutting. Turf will be kept at a uniform height that is recommended for that turf grass. Grass clippings shall be removed promptly and disposed of at the Contractor’s expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours.
Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities. Any trees which have more than fifty percent (50%) of the trunk removed in a given three-inch (3”) area of trunk by weed whips or mowers shall be considered destroyed and shall be replaced at the Contractor’s expense with like species and size.
All mowers shall be cleaned prior to each mowing to avoid possible weed invasion. b. Mowing Height. All turf, except Bermuda, must be maintained at three and one-half inches (3 ½ ") maximum and two and three fourths’ inches (2-3/4") minimum. Fescue height should not exceed 3 ½” and common Bermuda must not exceed 2 “in height.
Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grassto acceptable height for the species being mowed.
All turf areas shall be mowed once a week on a preset day and route. Any changes to this schedule shall be approved in advance by the City.
During periods of heavy growth, more than one mowing per week may be required to maintain an acceptable appearance.
August 12, 2025 Regular Meeting of the Exeter City Council
All turf areas shall be maintained at a level that will insure a healthy, green color and uniform growth.
c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on a continuous basis by chemical or manual method. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and Mid-November of every year.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation. e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately. f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by the City. This is considered additional work and will be paid separately from this contract. Contractor shall provide the City of Exeter a quote for work prior to work being started.
When seed is used, areas shall be top-dressed with humus. g. Aerification. Aerification will be done on an as-needed basis when requested by the City. This is considered additional work and will be paid separately from this contract.
Contractorshall provide The City of Exeter a quote for work prior to work being started.
8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth.
b. Groundcover beds shall be periodically edged to keep them in their intended space.
Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the City.
c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.
d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level forsight clearances for traffic safety. e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.
August 12, 2025 Regular Meeting of the Exeter City Council
C. HARDSCAPE MAINTENANCE
1. HARDSCAPE AREAS. All curbs, gutters, pathways,sidewalks, and other hardscape areas(i.e. center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.
All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the Contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. Trash, debris and green waste from City of Exeter landscaping may be disposed of at the City Corporation Yard located at 350 W. Firebaugh, during business hours.
NOTE * The City’s municipal code 9.20.030 states “Between the hours of ten p.m. of one day and six a.m. of the following day, it is unlawful for any person within a residential zone, or within a radius of five hundred feet therefrom, to create, cause to be created or maintain sources of noise which shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in the neighborhood. Such sources shall include, but not be limited to, the following: Power-assisted leaf blowers, lawn mowers, edger’s, or other power equipment used for the maintenance of property. Debris must be picked up and not blown into streets or adjacent properties.” When using a blower or other power equipment, said municipal code must be adhered to.
August 12, 2025 Regular Meeting of the Exeter City Council
Parks and Public Buildings Locations:
NOTE: BIDDER must visit each location and make themselves aware as to the character, quality, and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal. Questions regarding the areas included in the scope of work should be directed to [email protected].
Facility Location Acreage
Administration 100 No. C St
City Hall 137 No. F St
Dobson Field East Rocky Hill Drive 17
City Park Chestnut and "E" Street 2.53
Brick House Park Palm and Filbert 0.97
Bark Park Palm and "F" Street 0.75
Joyner Park Pine and "C" Street 0.5
Mixture Park Pine and "E" Street 0.01
Water Tower Park Pine and "B" Street 0.25
Rose Garden Park Palm and "A" Street 0.22
Schelling Park Pine and Filbert 0.01
Planter Park Maple and "B" Street 0.01
Schroth Park Belmont and Vine 5
Unger Park Belmont and Glaze 4.7
Section 3: Exclusions
The following activities are excluded from this contract:
1. Pruning of trees above the 8’ canopy height
2. Cleaning of gutters except for cleaning up after maintenance is performed
3. Any watering which cannot be accomplished by the irrigation system
4. Major corrective pruning above and beyond specifications for shrubs
5. Landscape improvements beyond the scope of this proposal shall be on a separate contract basis
6. No lighting maintenance is included in this contract August 12, 2025 Regular Meeting of the Exeter City Council
ATTACHMENT 2
Insurance Requirements
i. Commercial General Liability
a. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds undersuch policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
b. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
c. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. d. Coverage shall contain a waiver of subrogation in favor of the City. ii. Business Automobile Liability
a. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident.
iii. Environmental Impairment/Pollution Liability, to include non-aerial spraying of pesticides and herbicides, Groundwater contamination, etc. with limits no less than $1,000,000 per occurrence, to include Sudden and Accidental Environmental cleanup.
iv. Workers’ Compensation and Employers’ Liability
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
August 12, 2025 Regular Meeting of the Exeter City Council
Contractorshall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:
a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;
b. Indicate whether coverage provided is on a claims made or occurrence basis; and c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to City’s Purchasing Division, Attention:
City AdministrationOffice
100 N. C Street
EXETER, CA 93221.
Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claim made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date. Contractor shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when Contractor has a claim made form(s). If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damagesfrom the Contractor resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all the requirements stated herein.
This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions, contained therein, may be within public policy and enforceable.
Note : the selected firm(s) shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should Contractor cease to have insurance as required during any time, all work by Contractor pursuant to this agreementshall cease until insurance acceptable to the City is provided.
August 12, 2025 Regular Meeting of the Exeter City Council