Agenda packet — Exeter City Council, June 14, 2022

EXETER CITY COUNCIL ACTION MINUTES
May 24, 2022
A closed session of the City Council, City of Exeter was held on Tuesday, May 24, 2022, at 6:30 p.m., in the Exeter City Council Chambers, 137 North F Street, and via zoom.

COUNCIL PRESENT: Barbara Sally, Frankie Alves, Justin Mills, Steve Garver, and Dave Hails COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, Shonna Oneal
A. CALL TO ORDER CLOSED SESSION
Mayor Sally called the closed session to order at 6:38 p.m.

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

There were no public comments presented.

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

Mayor Sally adjourned to closed session at 6:38 p.m.

1. 54956.9(d)(4) Conference with Legal Counsel - Significant Exposure to Litigation: One case in which facts are not yet known to potential plaintiff

2. 54957.6 Conference with Labor Negotiators
Agency Negotiator: Adam Ennis
Employee Groups: All represented and unrepresented employees A regular session of the City Council, City of Exeter was held on Tuesday, May 24, 2022, at 7:00 p.m., in the Exeter City Council Chambers, 137 North F Street, and via zoom.

COUNCIL PRESENT: Barbara Sally, Frankie Alves, Justin Mills, Steve Garver, and Dave Hails COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, John Hall, Brett Inglehart, Daymon Qualls, Spencer Supinger, Rainbow Moore, Shonna Oneal, Hilary Robello and Eekhong Franco D. CALL TO ORDER REGULAR SESSION AND REPORT ON CLOSED SESSION ITEMS (if any) Mayor Sally called the regular session to order at 7:08 p.m. No actions were reported from closed session.

E. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Mayor Pro Tem Alves and an invocation was given by Public Works Director Daymon Qualls.

F. PUBLIC COMMENTS:

No public comments were presented.

G. SPECIAL PRESENTATIONS (if any): None
H. CONSENT CALENDAR:

It was moved by Mayor Pro Tem Alves, seconded by Council Member Mills and unanimously carried that the items on the Consent Calendar be approved as presented.

1. Approve regular minutes of May 10, 2022

2. Payment of Bills
Payroll: May 13, 2022

4. Award and authorize the City Administrator to execute a sole source agreement with EBM Design Group in the amount of $35,000 to provide construction bid drawings and specifications to stucco the outside of the Police/Administration building, provide code required ADA upgrades with minor floo plan modifications and upgrade of existing heating and cooling systems.

ACTION MINUTES

EXETER CITY COUNCIL

Page 2 ends

5. Request that Council authorize the City Administrator to enter into an agreement for the purchase of a vehicle of up to $65,000 for the Exeter Police Department. continued State Declaration of Emergency.

7. Authorize the City Administrator to enter into a one-year agreement with Tulare County to provide emergency dispatch and communication services for $121,165.00.

1. INDIVIDUAL BUSINESS ITEMS

1. Second reading and adoption of Ordinance 704 amending Title 17 (Zoning) of the Exeter Municipal Code, rezoning real property from the CC (Central Commercial) to CS (Service Commercial) district on 7,500 square feet of land located on the north side of Pine Street between H and G Streets in Exeter (APN 135-110-07, 22, 23 and 24). - City Attorney Julia Lew gave second reading of Ordinance 704. It was moved by Council Member Mills, seconded by Mayor Pro Tem Alves, and carried unanimously to give second reading and adopt Ordinance 704 amending Title 17 (Zoning) of the Exeter Municipal Code, rezoning real property from the CC (Central Commercial) to CS (Service Commercial) district on 7,500 square feet of land located on the north side of Pine Street between H and G Streets in Exeter (APN 135- 110-07,22, 23 and 24), read by title only.

Second reading and adoption of Ordinance 705 amending the Exeter Zoning Ordinance, UR (urban reserve) to R-1-7.5 (single family residential, one unit per 7,500 square feet) for a property located west of Belmont Road and between Chestnut Avenue and the westward alignment of Firebaugh Avenue, containing 2.55 acres (APN 133-007-15). - City Attorney Julia Lew gave second reading of Ordinance 705. Following a brief discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Mills, and carried unanimously to give second reading and adopt Ordinance 705 amending the Exeter Zoning Ordinance, UR (urban reserve) to R-1-7.5 (single family residential, one unit per 7,500 square feet) for a property located west of Belmont Road and between Chestnut Avenue and the westward alignment of Firebaugh Avenue, containing 2.55 acres (APN 133-007-15), read by title only.

3. Adopt Resolution 2022-18 Initiating Process To Make Changes To Landscape And Lighting Maintenance Assessment District No. 91-01A, ordering and directing the City Engineer to prepare a report on the assessment district to include adding a one-time assessment to pay for a drought tolerant conversion of the landscaping and setting an annual ongoing assessment, with an up to 10% annual increase for four subsequent years, for maintenance of the drought tolerant landscaping and repayment of outstanding debt of the district.- City Administrator Adam Ennis provided a report for Council's review and consideration. Council posed questions and Mr.

Ennis provided a response thereto. Following discussion, it was moved by Council Member Hails, seconded by Mayor Pro Tem Alves, and carried unanimously to adopt Resolution 2022-18 as presented.

Initial discussion and direction on Fiscal Year 2022/2023 and 2023/2024 Budget. - Finance Director Rainbow Moore provided a PowerPoint presentation highlighting the draft proposed 2022/23 and 2023/2024 Two-year Budget for Council's review and consideration. Council provided feedback for inclusion and consideration regarding the following: possible donation for the Downtown Christmas Lights; Maintaining the Reserves and equipment list for Public Works; and looking into a playground study.

J. CITY COUNCIL ITEMS OF INTEREST
Council Member Garver reported he will be attending the TCRTA Special Session tomorrow and attended the Tooleville Public Hearing last week. Council Member Hails reported that he attended the Chamber of Commerce meeting last week. Council Member Mills reported that he will be attending the Economic Development meeting tomorrow. Mayor Pro Tem Alves reported that he attended the TCAG meeting last week and will be attending the upcoming REAP meeting. Mayor Sally reported that she attended the Garden Party.

K. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis provided a brief update on City projects and upcoming events in the City. Public Works Director Daymon Qualls gave an update on the current Nitrate exceedance at Well E6-W located at Brickhouse Park.

L. ADJOURN REGULAR MEETING
Mayor Sally adjourned the regular meeting at 8:29 p.m. City Attorney Julia Lew advised that there would be no actions reported out from closed session.

ACTION MINUTES

EXETER CITY COUNCIL

Page 3 ends

M. RECONVENED CLOSED SESSION
Mayor Sally called to reconvene closed session at 8:36 p.m.

N. ADJOURN CLOSED SESSION
Mayor Sally adjourned closed session at 9:42 p.m.

Hilary Robello, Deputy City Clerk

EXETER CITY COUNCIL ACTION MINUTES
JUNE 8, 2022
A special meeting of the City Council, City of Exeter was held on Wednesday, June 8, 2022, at 3:00 p.m., via zoom and in the Exeter City Council Chambers, 137 North F Street, Exeter, California.

COUNCIL PRESENT: Barbara Sally; Frankie Alves; Dave Hails; and Steve Garver COUNCIL ABSENT: Justin Mills
STAFF PRESENT: Adam Ennis, Shonna Oneal, Julia Lew, Eekhong Franco

1. Call to Order Special Meeting
Mayor Sally called the Special Meeting to order at 3:02 p.m.

2. Public Comment Regarding Special Meeting
Mayor Sally requested those who wish to speak on matters listed on the Special Meeting Agenda to do so at this time.

No public comments were presented.

3. Discussion and consideration of joint Tooleville Mutual Non-Profit Water Association/City of Exeter Voluntary Consolidation Negotiation two (2) month time extension request to State Water Resources Control Board and provide staff direction regarding request submittal. City Administrator Adam Ennis provided a report for Council's review and consideration. Following a brief discussion, it was moved by Council Member Hails, seconded by Mayor Pro Tem Alves, and unanimously carried 4-0 (Council Member Mills absent) to send a letter regarding the six (6) week time extension request submittal for Voluntary Consolidation Negotiation to the State Water Resources Control Board as discussed.

4. Adopt Resolution 2022-19, a resolution approving the engineer's report and assessments for Landscape and Lighting Maintenance Assessment District (LLMAD) 91-01A; adopt Resolution 2022-20, a resolution of intention to increase this district's annual assessments for future fiscal years beginning fiscal year 2022-2023; authorize staff to ballot property owners of this district and set the Public Hearing date for July 26, 2022, in accordance with Proposition 218. City Administrator Adam Ennis provided a report for Council's review and consideration. Council posed questions and Mr. Ennis and City Attorney Julia Lew provided a response thereto. Following discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Garver and unanimously carried 4-0 (Council Member Mills absent) to adopt Resolution 2022-19 and Resolution 2022-20 as presented; authorized staff to proceed with the balloting process of LLMAD 91-01A; and set the public hearing date for July 26, 2022.

Tommy Blackmon addressed the Council in appreciation Mr. Ennis assistance, expressed concern that the draft report does not include tree trimming and stated he would like to review the ballot. 3:15 P.M. (or immediately following Special Session)

5. Call to Order Special Closed Session
Mayor Sally called the Special Closed Session to order at 3:30 p.m. . Adjourn to Special Closed Session pursuant to Government Code Section(s) 54956.9(d)(4) Conference with Legal Counsel - Significant Exposure to Litigation: One case in which fact are not yet known to potential plaintiff
b. 54957.6 Conference with Labor Negotiators
Agency Negotiator: Adam Ennis
Employee Groups: All represented and unrepresented employees

7. Reconvene Special Closed Session and Report on Special Closed Session (if any) Mayor Sally reconvened from the Special Closed Session at 4:42 p.m. City Attorney Julia Lew advised there was nothing to

8. Adjourn Special Meeting
Mayor Sally adjourned the Special Meeting at 4:42 p.m.

Shonna Oneal City Clerk

AVENU FINANCIAL SYSTEM CITY OF EXETER
06/07/2022 08:13:16 Check Register GL540R-V08.17 PAGE
BANK VENDOR CHECK# DATE AMOUNT

BANK BANK OF THE SIERRA
001548 AAA QUALITY SERVICES 84602 06/02/22 175.09
001538 AT&T 84603 06/02/22 381.65
000816 AT&T MOBILITY 84604
005038 AUDEAMUS DBA SEBASTIAN 84605
002493 AVENU INSIGHTS & ANALYTI 84606
000100 B.S. & E CO INC
BLUE SHIELD OF CALIFORNI 84608 06. 27,
BOOT BARN INC. 84609 /22
C.L.E.A. 84610
CALIFORNIA BUSINESS MACH 84611
CALIFORNIA INDUSTRIAL RU 84612 1,16 69
CHARTER COMMUNICATIONS 84613 88
CITY OF VISALIA 84614 18,950
COLANTUONO, HIGHSMITH & 84615 45
EMD NETWORKING SERVICES, 84616 900
FOOTHILLS SUN-GAZETTE 84617 1,609
FRONTIER CALIFORNIA INC. 84618 762
FUSION CLOUD SERVICES LL 84619 /22 274
GALLS LLC 22 1, 5 01
KEY EVIDENCE LOCK SAFE 84621
LISA JOYCE WILLIAMS 84622
MCCORMICK KABOT JENNER & 84623 /22
MID VALLEY DISPOSAL, LLC 06/

MOONLIGHT MAINTENANCE
MOTOROLA SOLUTIONS, INC 84626 06
OFFICE DEPOT 84627
PACE SUPPLY CORP. 84628 /22
PRECISION CONCRETE CUTTI 06

PRINCIPAL LIFE INSURANCE
PROFORCE 06.

PRUDENTIAL OVERALL SUPPL 84632 06/
QUAD KNOPE ENGINEERING 22 10

SACRED HEART EXETER
SELF-HELP ENTERPRISES 84635
SILVER & WRIGHT LLP 84636 06
SIMMONS TIRE SERVICE 84637
SMITH PROMOTTONS 84638 06
000151 SOUTHERN CALIFORNIA EDIS 84639
005120 84640 1,607
003757 84641 1,250.
003129 84642 75
000178 84643 3,942
001641 84644 227
002055 84645 54
003022 84646 00
000233 84647 66
000855 VOLLMER EXCAVATION, L. P. 84648 77
004147 YARBS GRADING AND PAVING 84649 041
0/07/2TNAN08:13:16M 06/07/2022 CITY OF EXETER
Check Register GL540R-V08.17 PAGE
BANK VENDOR CHECK# DATE AMOUNT

BANK BANK OF THE SIERRA
003576 ACREEKS, INC 84650 06/02/22 2,320.00
BANK OF THE SIERRA 257,855.54 ***
.S BI -WEEK RUN-05/26/2022 09.54.24 PAGE
PR311R-V14.12 Paymate
DIRECT 305 15 10320 0-5/22/2022 CHECK DATE 5/27/2022

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEO
1220 461.68 TULARE COUNTY SHERIFF CA STATE DISBURSEMENT UN 2 1 VENDOR CHECK

VENDOR CHECK
TOTALS FOR CHECK FORM: CHEK

NEGOTIABLE CHECKS COUNTS

0.00 EMPLOYEE CHECK
524.75 VENDOR CHECK

0.00 *BANK CHECKS
524.75 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS

0.00 MANUAL CHECK • c

CANCELLED CHECK
524.75 **TOTAL FOR CHECK FORM

NON -NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS

0.00 *VENDOR DIR DEP STUBS
AYROLL. UN- 05/26/202 09.54.24 PAGE
{311R-V14.1 Paymate
BERTO DEPOST IS TUD 0 5/22/2022 CHECK DATE PERIOD 2 DATING 5/27/2022

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME, CODE SEO
50135 136.50 CLOCER 1 VENDOR STUB ONLY
50136 570.00 EXETER POLICE OFFICER AS 3 VENDOR STUB ONLY 50137 156.90 EXETER POLICE OFFICER AS ЗА VENDOR ONLY
50138 4,593.74 ENNIS /ADAM 206
50139 2,813.28 ONEAL/SHONNA N 203 ONLY
50140 2,140. 39 ROBELLO/HILARY 709 TE ONLY
50141 1,334.27 CARTER/AMY JO 502 UF ONLY
50142 1,517.26 CORREA/BIANCA 630 ONLY
50143 1,360.00 GARVER/ ELIJAH 712 ONLY
50144 3,165.47 PARK MOORE/YUN GYUNG 703 ONLY
50145 409.47 SANCHEZ/CESILIA 307 ONLY
50146 1,496.62 SANTOYO/AIDE G 710 JE ONT. Y
50147 2,653.85 FRANCO/EEKHONG 304 ONLY
50148 1,596.64 PHILLIPS/ZACHARY 705 ONLY
50149 1,411.15 CARRETERO/VANESSA 402 ONLY
50150 2,753.94 CORREA/GABRIEL JR 436 ONLY
50151 2,253.01 CULLUM/TRENT 444 JE ONLY
50152 2,570.28 DURKEE /MARK 404 ONLY
50153 1,972.63 ECHEVARRIA/TYLER J 443 ONLY
50154 3,373.04 HALL/JOHN T 406 ONLY
50155 2,012.17 HAMPTON /JUSTIN 446 ONLY
50156 3,134. .91 HAYES/CURTIS W 437 ONLY
50157 2,472.40 INGLEHART/BRETT A 411 ONLY
50158 1,849 . 87 MARX/CHRIS 706 ONLY
50159 2,332. 83 PHELPS/KEVIN M 429 ONLY
50160 1,514.85 SHIELDS/ ZION 708 ONLY
50161 1,799.11 VILLARREAL/ISIDRO 707
50162 2,473.24 YARBER/ ISABEL 422 ili
50163 940.94 ALDRIDGE/GARY 618
50164 1,408.66 ARROYO/MARIE 623 ONLY
50165 1,550.45 BRASSFIELD/TRAVIS 619 ONLY
50166 1,675.43 ESPINOLA/DANIEL M 602 ONLY
50167 194.45 GOLDSTROM/NORMAN 629 ONLY
50168 1,518.04 HUGGINS / KYLE AARON 621 ONLY
50169 2,928.08 OUALLS /DAYMON 607 ONT Y
50170 537.02 QUALLS /DAYMON 607 ONLY
50171 1,537.10 RAMIREZ/ JUAN 608 ONLY
50172 622.62 WENDT/EDDIE 626 ONLY
50173 898.82 MILLAN/MARCUS 622
50174 993.94 MILLER/JAMES 624
50175 897.33 MIRWALD/PHILIP 625
50176 1,228.72 QUIROZ/PATRICK P 512 TE ONLY
50177 1,878.19 PRIDEAUX/TRACI 448 ONLY
PAYROLL HECK FOR CHE RESTER UN -06/09/20: 10.31.14 PAGE Paymate
DIRECT DEPOSIT IS 733130 O 5/23/2022 - 6/05/2022 CHECK DATE 6/10/2022

CHECK CHECK WALOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT CODE SEQ
1221 63.65 1 VENDOR CHECK
1222 161.0€ TULARE COUNTY SHERIFF 1 VENDOR CHECK
1223 973.66 ROMERO/JOSE
1224 306.54 JOHNS/KEVII
TOTALS FOR CHECK FORM: CHEF

NEGOTIABLE CHECKS COUNTS
1,280.20 *EMPLOYEE CHECKS
524.75 *VENDOR CHECKS

0.00 *BANK CHECKS
1, 804.95 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS
0:00 *MANUAL CHECKS • •
*CANCELLED CHECKS
1,804.95 **TOTAL FOR CHECK FORM

NON- NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS • o

0.00 *VENDOR DIR DEP STUBS
DECK FORM STUB CHECK REGISTE . S BI -WEEKL JN- 06/09/20 10.31.14 PAGE 2311R-V14. Paymate
PERIOD 1 DATING 5/23/2022- 6/05/2022 CHECK DATE | 6/10/2022

DIRECT DEPOSIT IS TURNED ON

CHECK CHECK EMPLOYEE/BANK/VENDOF CHECK

NUMBER AMOUNT NAME CODE SEO
502 0.00 CARTER/AMY JO 2 MANUAL
50178 136.51 CLOCEA 1 VENDOR STUB ONLY
50179 570.00 EXETER POLICE OFFICER AS 3 VENDOR STU
50180 156.90 EXETER POLICE OFFICER AS 3A VENDOR STU
50181 4,588.49 ENNIS / ADAM 206 ONLY
50182 2,813.28 ONEAL/SHONNA N 203 ONLY
50183 2,234.65 ROBELLO/HILARY 709 ONLY
50184 1,295.52 CARTER/AMY JO 502 ONLY
50185 1,487.84 CORREA/BIANCA 630 ONLY
50186 1,294.61 GARVER/ELIJAH 712 ONLY
50187 914. .35 LARSON/MERRI 713 ONLY
50188 3,165.47 PARK MOORE/YUN GYUNG 703 ONLY
50189 457.83 SANCHEZ/CESILIA 307 ONLY
50190 1,399.83 SANTOYO/AIDE G 710 ONLY
50191 2,653.85 FRANCO/EEKHONG 304 I ONLY
50192 1,581.19 PHILLIPS/ZACHARY 705 ONLY
50193 1,405.90 CARRETERO/VANESSA 402 ONLY
50194 2,601 90 CORREA/GABRIEL JR 436 ONLY
50195 1,269.98 CORREA/GABRIEL JR 436 ONLY
50196 2,075 16 CULLUM/TRENT 444 ONLY
50197 1,156.50 CULLUM/TRENT 444 ONT. Y
50198 2,793.31 DURKEE/MARK 404 ONLY
50199 1,615.27 DURKEE/MARK 404 , ONLY
50200 1,915.13 ECHEVARRIA/TYLER J 443 3 ONLY
50201 1,170. 95 ECHEVARRIA/TYLER J 443 ONLY
50202 3,367.79 HALL/JOHN T 406 ONLY
50203 1,969.87 HAMPTON/JUSTIN 446 ONLY
50204 1,151.90 HAMPTON/JUSTIN 446 ONLY
50205 2,203.85 HAYES/ CURTIS W 437 ONLY
50206 1,263.42 HAYES/CURTIS 437 ONLY
50207 2,472.40 INGLEHART/BRETT A 411 ONLY
50208 1,593.03 MARX/CHRIS 706 ONLY
50209 1,162.69 MARX/CHRIS 706 ONLY
50210 2,059 .48 PHELPS /KEVIN M 429 ONLY
50211 1,251.89 PHELPS /KEVIN M 429 ONT.Y
50212 558 76 SHIELDS/ ZION 708 ONLY
50213 1,461.28 VILLARREAL/ISTDRO 707
50214 348.27 VILLARREAL/ISIDRO 707
50215 2,467.99 422
50216 1,251.00 618
50217 1,408.66 ARROYO/MARIE 623
50218 1,339.15 619
50219 1,670.18 602
50220 56.37 629
50221 1,518.04 621
50222 2,928.08 QUALLS/DAYMON 607
50223 503.82 QUALLS /DAYMON 607
50224 1,354.99 RAMIREZ/JUAN 608

CITY OF EXETER
Phone 392-3:10 - Has 592-3350
Treasurer's Report October 2021
Beginning Balance as of October 1, 2021
816,320.71
Wire Transfer from LAIF 300,000.00
nur us us 5,630.74
#1561 103,825.42
135,006.69
#1563 212,616.58
Direct Deposit 41561 un u 486,657.54

TOTAL DEPOSITS
1,248,767.97
Withdrawals City Checks Processed
761,255.49
Payroll EFT 321,034.58
Payroll Checke
10,100.88
CaPERS Retirement costs 44,306.70
84,169.40
Def Comp 1,136.20
khartemant
1,208.55
Chargebacks 211.15
1,106.28
Chargeback Fees 10.00
Wife ander sor

35.00 Sewer Bond 2020 Payment 180,734.79

TOTAL WITHORAWALS

1.405.309.03
Ending Bank Balance or of October 31. 2023 659,779.6
Indeposited cosh on hand 1156 22,956.97
Bank of the Sierra ending balance
682,74G.63
Outstanding Shecks
General 160,069.21
Payroll 676.89
160.746.10
Adjusted Bank Balance os of October 31, 2021 522,000.53 Investments
US Savings 236,542.97
Government Agency Bond ~ un
CD's/ U.S. Treasury Notes 1,505,457.03
Local Agency Investment Fund 8.060,556.59
Fair Market Value Adjustment gain/(loss) 526.96
Charles Schwab 0.23
Exeter PD Safekeeping 12,982.24
Total City Funds 10/31/2021 9.866,066.02
10,388,066.55
Rotio of invested Funds/Available Funds 95%
tity of Exete
treasurer's Repor
Investments as of 10/31/2021
Bats Maturity Date Description Purshare Date Principal valus Certificates of Deposis
220% 11/2/2021 DISCOVER BANK #2M39 Nov-16 $ 247,000
11/15/2022 CAPITAL ONE ERKEO Nov.17 S 247,000

0.30% 12/18/2023 BMW BANK NORTH AMERICA Dec-20 s 249,000

0.40% 1/29/2025 MERRICK BANK Jan-21 $ 249,000

1.21% Average
992,000
Treasury Obligations

1.625% 10/1/2021 U.S. Treasury Notes Nov-26 $
500,000.00 500,000
Mere Market und 0210% Demand
Local Agency Investment Fund Various s 8,060,557

0.00498% Demand Us savings Various ! 286,543
Demand Charles Swab
Various S 0.23
Government Securities 8347.100
Total Investments
350100
Gant
Prepared'By: Date: 5.23.22
Approved By: 5. 24.22
A. Moore
Pade i cit
City of Exeter
Agenda Item Transmittal
Meeting Date: June 14, 2022
For action by:

Agenda Item Number: E5 X City Council
Wording for Agenda: Award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Talley Regular Session:

Oil, Inc. of Madera, CA, in an amount of $205,865.50 for X Consent Calendar construction of the 2022 Reclamite Project. Regular Item _ Public Hearing
Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director Review:

Phone Number: (559) 592-3318
Email: [email protected]
City Administrator
(Initials Required)
Department Recommendation:

Staff recommends that Council award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Talley Oil, Inc. of Madera, CA, in an amount of $205,865.50 for construction of the 2022 Reclamite Project.

Summary:

Using the results of Infrastructure Management Service's (IMS) survey as a guide, staff completed a secondary visual survey to determine which City streets could potentially benefit from a lower- cost maintenance treatment such as reclamite, thin skin patching, slurry seal, cape seal or crack sealing. The surveys identified several areas throughout the City that required remedial repair work prior to receiving any of the aforementioned low-cost maintenance treatments. This remedial repair work was recently completed through a contract with Galante Brothers Contractors. Public Works staff is now preparing contracts for the low-cost maintenance treatments.

A project was developed for the roadways whose current conditions would benefit from reclamite treatment. The roadways selected for this treatment are shown on the attached map. On April 4, 2022, staff advertised a Request for Bids (RFB 22-003) for the Reclamite project and received one (1) construction bid on May 18, 2022. Talley Oil, Inc. of Madera, CA submitted the only bid in the amount of $205,865.50.

Talley Oil, Inc's bid proposal for this project has been reviewed by staff and all required information submitted has been determined to be complete and responsive.

Background:

At the regularly scheduled Council meeting of February 13, 2018, staff gave a presentation on the condition of the City's streets. Staff recommended that the City should actively inventory its streets, determine which streets would benefit from lower cost maintenance treatments, and implement that program accordingly. A street survey had not been conducted since 2012 so on March 26, 2019, the Council awarded and authorized the City Administrator to execute an agreement with (IMS) to conduct an updated pavement condition survey throughout the City and directed staff to design a maintenance and repair program to maintain streets in the most cost-effective manner possible.

Fiscal Impact: The Council approved CIP schedule for FY 21/22 has funds programmed in the Transportation (113) and Measure R (131) accounts specifically for annual road maintenance projects. In addition to these programmed funding sources, a portion of LTF and Measure P funds could potentially be used also.

Prior Council/Board Actions: None for Reclamite contracts.

Attachments: Exeter Reclamite Project Map 2022
Environmental Clearance: Not applicable for this project.

Recommended motion to be made by Council/Board: I move to award and authorize the City Administrator to execute an agreement with the lowest responsible bidder, Talley Oil, Inc. of Madera, CA, in an amount of $205,865.50 for construction of the 2022 Reclamite Project.

City of Exeter
Reclamite Summer 2022

OLD LINE CT LD LINE DRI
1319 8 1226 1321 1320
1015
CT 118-
1249 3 1017 7016
ST 1413
1308 OW AVE 1249 1511
1309
91012 HANNAH AY QUINCE DR

SEQUOIA AVEN SEQUOIA DR
1262 1263 VISTA CI

WOODLAND AVE PLUMAVE
1055 1054 KING CT EN

EMPEROR PEACH DR
1477 VINE ST PALMA DRE
1478g BETSEY PL
ш ж
J modos Ae M400s WILLOW ST WALNUT ST

JACOBS PL VILLOW ST VILLOW ST
1148 ELBERTA AVE 1149 1366 1367 1368 BEVERLY PL ALY E OF ORANGE AVE ALY E OF QUINCE DR E15 310 7AW ALYE OF B ST SAN JUAN AM CRESPI AVE

WALNUT ST ALY E OF C ST

JANET DR B ST
1048

VISALIA RO ALY E OF DIST

ROCKY HILL
1335 QUINCE AVE PINE ST C ST
ALY W OF ORANGE AVE D'ST ALY E OF C ST 3RD ST

FAIRWY DR ALY E OF DIST
ELS 1303AT ALY E OF EST 2ND ST

EST WOOD OR ST CHANNING WY
AVE 1333 ALY E OF QUINCE DR ALY E OF HST
1292 CHES CEDAR ST
1291 1290 FILBERT AVE 159
1289 ALY E OF ORANGE AVE
O 1332:5 ALY E OF IST HST

FRANCIS WHITTER S

CHESTNUT ST

CEDAR ST ALY E OF F ST ALY E OF E ST

BRYANT AVE FIRST ST

KATELYN CT FRANCIS AVE QUINCE ST

BELMONT RD FIREBAUGH AVE FIREBAUGH AVE FIREBAUGH AVE FIREBAUGH AVE

CRANE AVE

FRANCIS AVE WALDO ST ALBERT AVE-
POWELL AVE 1277 1215

JOYNER AVE LE NOX AVE
ROSPECTAVE 21316
CLIVEWOOD DR -1397
1053
EARY
ALY N OF DAVIS ST 1233 1234
1135 1133 INDUSTRIAL DR
134 T 01 NE1132 S7 1131

ERWOOD ST NELSON ST
1115
1364 VILLAGE ST VILLAGE CT
1435
1362 STANLEY ST SELF OT
ALY NOF CLAZ 1442
1455
1361 GLAZE AVE
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EXETER

AL FONT ANALE
February 2021
City of Exeter
Agenda Item Transmittal
Meeting Date: June 14, 2022
For action by:

Agenda Item Number: E6 X City Council
Wording for Agenda: Approve a request for a Special Event Facility Use and Street Closure for the Tulare County Amateur Radio Regular Session:

Club consisting of private use of The Dale Sally Memorial Water X Consent Calendar Tower Park and adjacent city parking lot beginning at 6:00 a.m. June Regular Item = Public Hearing
25, 2022 and ending June 26, 2022, at 4:00 p.m. subject to the conditions presented by staff.

Review:

Submitting Department: Public Works
Contact Name: Marie Arroyo City Administrator
Phone Number: 592-3318 x 4002 (Initials Required)
Email: [email protected]
Department Recommendation:

Approve a request of facility use of The Dale Sally Memorial Water Tower Park and street closure for adjacent parking lot for the Tulare County Amateur Radio Club (TCARC).

Summary/Background:

Exclusive use of the Dale Sally Memorial Water Tower Park and the adjacent city parking lot is requested for an Amateur Radio Field Day: The event is intended as training for "emergency communication practice" with training provided by Tulare County Amateur Radio Club, (TCARC.). Although no streets will be closed, a street closure permit is required for the closure of adjacent city parking lot. TCARC will:
1) Set up event beginning at 8:00am each day with the training from 9:00am-2:00pm Saturday June 25th and Sunday June 26, 2022
2) Obtain an amplified sound permit for the event time of 9:00am-2:00pm. 3) Provide all equipment including portable generators, DC batteries, solar panels, and ham radios.
4) Erect a 25' tall portable antenna tower that will not be attached to any city property. 5) Have 2 occupied RVs on site. Day use to accommodate participants with restrooms and for overnight storage of equipment.
6) Setup and take down road closure barricades provided by City. 7) Provide all necessary applications, permit fees and insurance documents.

Staff recommends that Council approve the facility use and Street Closure Request subject to the above conditions outlined by staff.

Fiscal Impact: None to the City.

Prior Council/Board Actions: None for this event.

Attachments: Request of Special Event Facility Use and Street Closures for the Tulare County Amateur Radio Club
Recommended motion to be made by Council/Board: 1 move to approve the special event at the Dale Sally Memorial Water Tower Park and the closure of the adjacent parking lot for the Tulare County Amateur Radio Club field training days of June 25-26, 2022, subject to the conditions presented by staff.

Cryof
EXETER

FACILITY USE APPLICATION
Application Date: 5-31-202d
Facility Requested: Water Tower Park Date(s) Needed: Jun 25-26.

Reason for use: Amateur at fid day "emergency cama sickina petice Equipment Needed: Portable generator, DC Batteries, Salas panels l, HamRadio.

Setup time: 8Am 25™ Departuretime: 2 Pm 2CT
Event start time: lim art Event end time: insan dbih
-
Organization: Tulare County Amaten Radio Club
Address: P.0.Box 723
City: Visalia State: Ca Zip: 93279

FACILITY USE POLICY
The following rules and regulations will be STRICTLY adhered to and enforced. Any infraction thereof shall be grounds for the immediate termination of the activity.

1. The Undersigned must comply with Tulare County Health Department's COVID-19 guidelines and restrictions. Any event being held at or on City Facilities must first receive approval from the Tulare County Health Department. Proof of approval must be provided to City at time of application.

Page 1 of 3 ends

2. Users may utilize picnic benches and arbor owned by the City of Exeter and administered by the Exeter Community Services Division. Users must furnish additional equipment as needed. Table settings, kitchen utensils, etc. must be provided by the applicant. All tabletop and benches must be wiped clean and returned to its original place.

3. Nails, thumbtacks, pins, etc. ARE NOT allowed on the arbor structure or lights. ONLY MASKING TAPE MAY BE USED TO ATTACH DECORATIONS TO THE FACILITY. All decorations must be removed at the conclusion of the event.

4. Driving on grass at City Facilities is strictly prohibited.

5. After event has ended, users MUST pick up all trash in and around the activity and deposit into the trash containers provided.

6. REPAIR COSTS: DAMAGES TO ANY STRUCTURE, EQUIPMENT OR GROUNDS ARE THE RESPONSIBILITY OF THE GROUP AND/OR INDIVIDUAL SIGNING FOR THE USE OF THE FACILITY. A PORTION OF, OR THE TOTAL DEPOSIT, MAY BE RETAINED FOR THE REPAIRS, CUSTODIAL OR REPLACEMENT PURPOSES. THE APPLICANT WILL BE BILLED FOR DAMAGES OVER THE AMOUNT OF THE DEPOSIT. A DEPOSIT OF $100 WILL BE REQUIRED.

7. Groups consuming ALCOHOLIC BEVERAGES MUST CONFORM TO THE RULES AND REGULATIONS AS SET FORTH in Chapter 5.08 of the Exeter Municipal Code and MUST APPLY FOR AN ALCOHOLIC BEVERAGE PERMIT through the Exeter Parks and Recreation Department, at least five (5) working days in advance.

INSURANCE & WAIVERS
General Liability Insurance: The undersigned 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 shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage and shall 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 under such policies.

When alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.

Any failure to comply with reporting provisions of the policies by the Undersigned shall not affect coverage provided the City.

Workers' Compensation: Organizations with employees shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).

Undersigned 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.

Page 2 ends

costs of litigation ("claims"), arising out of the Undersigned's performance of its obligations under this agreement or out of the operations conducted by Undersigned, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Undersigned's performance of this agreement, the Undersigned shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.

Communicable Disease Waiver and Release: The coronavirus ("COVID-19") has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend face coverings and social distancing. The City of Exeter cannot guarantee that you will not become infected with COVID-19. Further, attending this facility for a program or activity could increase your risk of contracting COVID-19. By signing this agreement, participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that he/she may be exposed to or infected by COVID-19 while attending this facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of himself/herself and others, including, but not limited to, City of Exeter employees, volunteers, and program participants and their families. Participant voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to himself/herself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that he/she may experience or incur in connection with attendance at the facility. Participant hereby releases, covenants not to sue, discharges, and holds harmless the City of Exeter, its employees, agents, and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

I have read the Facility Use Policy and do hereby certify that I have been duly authorized by the above-named organization which I represent to enter into this agreement, and that the activity which the organization is sponsoring fully meets the conditions set for the herein and that we agree to observe all rules and procedures as stated.

Print Name of Applicant: Calvin Fagundes
Signature of Applicant: Calvi Date: 5-31-202d
Primary Phone Number(s): 559-469-5000 Email: Spinrs1@A2).Com Approved by:

Print Name: Print Name:

Signature: Signature:

For City Use Only: Rental Foe: Deposit Fee: Date Paid:

Cash or Check: Initials: Cort. Of ins. Ruceived. if requined:

PaGe 7 af 3
City of City of Exeter
100 North C Street
Exeter, CA 93221
Ph. #559-592-3103 Fax # 559-592-3346
EXETER

PROTECTING, PHIERVING

AND PROMOTING
Title 5, Chapter 5.48 -
Sound-Amplifying Systems, Meetings, Assemblies, Parades & Processions appucation for assemblies and parades on public streets, sidewalks and parks. also the use of sound amplifying equipment, within the City of Exeter. This application must be filed within ten (10) days nor more than sixty (60) days prior to the date of the assembly, parade or meeting.

A copy of this permit must be at the operating premises of the amplifying equipment for which this permit is issued.

Name of Applican Calvin Fagundes Phone No. 559-441-5000 Address 1738 Estrella lanit
Name of Organization Inlars County A matanRadie Inb Phone No. 559-424-8310 Address P.o. Bax 723 Visalia, Ca 93279
Type of Event Fig ld Day Location of Event Exter Water towi:fack 23Th
Date of Event 16-25/6 2le Start Time - 8Am _ End Time 2:00 pm 24Th Type of equipment to be used Ham Radio "Communication"
Additional Information

1. Calvise Cabing Fryndes
SET FORTH IN CITY ORDINANCE 5.48 AND ALL OTHER APPLICABLE ORDINANCES , HEREBY AGREE TO ABIDE BY ALL PROVISIONS OF THE CITY OF EXETER.
lin tests
Applicant Signatur Date
[ ] Permit Denied
Chief of Police (THIS OUTSIDE AMPLIFIER PERMIT HAS BEEN APPROVED, City of
EXETER

STREET CLOSURE APPLICATION ATTACHMENT

INSURANCE & WAIVERS
General Liability Insurance: The undersigned 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 one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a genera) aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage, and shall 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 under such policies.

When alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.

Any failure to comply with reporting provisions of the policies by the Undersigned shall not affect coverage provided the City.

Undersigned 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.

Indemnity/Hold Harmless Agreement: Undersigned shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Undersigned's performance of its obligations under this agreement or out of the operations conducted by Undersigned, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Undersigned's performance of this agreement, the Undersigned shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.

Page 1 of 2 ends

Communicable Disease Waiver and Release: The coronavirus ("COVID-19") has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend face coverings and social distancing. The City of Exeter cannot guarantee that you will not become infected with COVID-19. Further, attending this facility for a program or activity could increase your risk of contracting COVID-19. By signing this agreement, participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that he/she may be exposed to or infected by COVID-19 while attending this facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of himself/herself and others, including, but not limited to, City of Exeter employees, volunteers, and program participants and their families. Participant voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to himself/herself (including, but not limited to, personal injury, disability, and death), iliness, damage, loss, claim, liability, or expense, of any kind, that he/she may experience or incur in connection with attendance at the facility. Participant hereby releases, covenants not to sue, discharges, and holds harmless the City of Exeter, its employees, agents, and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

I have read the Street Closure Request Application Attachment and do hereby certify that / have been duly authorized by the organization which I represent to enter into this agreement, and that the activity which the organization is sponsoring fully meets the conditions set forth herein and that we agree to observe all rules and procedures as stated.

Print Name of Applicant: Calvin Fagundes
sigrature of Applicant: Calus topi Date: 5-31-2dd
Primary Phone Number(s): 469-5000 Email: [email protected]

Page 2 of 2 ends

ACORD® DATE (MM/DDAYM

CERTIFICATE OF LIABILITY INSURANCE
05/27/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

CONTACT Risk Strategies Companies
NAME:

RSC Insurance Brokerage, Inc. PHONE
(AIG, No. Ext): FAC. NoI:
333 W. Wacker Drive E-MAIL
ADDRESS: [email protected]
Suite 1200
INSURERS) AFFORDING COVERAGE NAIC #
Chicago IL 60606 Hanover Insurance Group 22292
INSURER A :

INSURED
INSURER B:

Tulare County Amateur Radio Club
INSURER C:
714 N Atwood St
INSURER D:

INSURER E:

Visalia CA 93291
COVERAGES CERTIFICATE NUMBER: 21/22 Tulare County REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR
* COMMERCIAL GENERAL LIABILITY $ 1,000,000
CLAIMS-MADE X OCCUR AMAGE TO RENTEO $ 100,000
PREMISES (Ea occurrence)
MED EXP (Any one person $ 10,000
A Y RHC-A609318-06 (RSC16342) 11/29/2021 11/29/2022
¿ PERSONAL & ADV INJURY 3 1,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 PRO-
POLICY JECT X LOC $ 2,000,000

PRODUCTS - COMP/OP AGG
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
ANY AUTO BODILY INJURY (Por person)

A OWNED SCHEDULED Y
AUTOS ONLY AUTOS RHC-A609318-06 (RSC16342) 11/29/2021 11/29/2022 BODILY INJURY (Por acciden)

HIRED X NON-OWNED

AUTOS ONLY AUTOS ONLY

UMBRELLA LIAB

OCCUR EACH OCCURRENCE

EXCESS LIAB

CLAIMS-MADE AGGREGATE
DED RETENTION $

WORKERS COMPENSATION OTH

AND EMPLOYERS' LIABILITY ER

NY PROPRIETOR/PARTNER/EXECUTIVI
OFFICER/MEMBER EXCLUDED7 N/ A LE.L. EACHACCIDENT
(Mandatory In NH)
ELL. DISEASE - EA EMPLOYEE S
If yes, desanbe under
DESCRIPTION OF OPERATIONS below EL DISEASE- POLICY LIMITS DESCRUPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be affached if more space is required) Club Civic, Service or Social.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Exeter ACCORDANCE WITH THE POLICY PROVISIONS.

Attr: Marie Arroyo
100 North C Street AUTHORIZED REPRESENTATIVE
Exeter CA 93221 RETene Botage Tree.
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Hano Year
nsurance

MEMORANDUM OF CLUB LIABILITY INSURANCE
Coverage is provided in the: HANOVER INSURANCE COMPANY

POLICY NUMBER POLICY PERIOD AGENCY CODE

FROM TO
RSC16342 11/29/2021 11/29/2022 AT 12:01 AM STANDARD TIME AT YOUR MAILING ADDRESS SHOWN BELOW.

NAMED INSURED AND MAILING ADDRESS AGENT
Tulare County Amateur Radio Club RISK STRATEGIES COMPANY 714 N Atwood St 333 W. WACKER DRIVE
Visalia CA, 93291 SUITE 1200
CHICAGO, IL 60606
Form of Business:

AMERICAN RADIO RELAY LEAGUE-RADIO CLUB LIABILITY

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS) FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.

PREMIUM
Commercial Property Coverage Part $
Commercial General Liability Coverage Part $ 300.00
Commercial Crime Coverage Part
Commercial Inland Marine Coverage Part $
Boiler and Machinery coverage part $
Commercial Auto Coverage Part

PREMIUM
The total premium of $ 300.00 is due at inception
Forms) and Endorsements) applicable to all Coverage Parts) and made a part of this policy at time of issue:
401-1127 01/08, 401-1135 01/08, IL 0003 09/08, IL0017 11/98, IL0022 05/87, ILO140 11/05, ILO260 09/07, SIG1100 08/14

LIMITS OF INSURANCE
General Aggregate Limit (Other Than Products Completed Operations) $ 2,000,000 Products Completed Operations Aggregate Limit $ 2,000,000 Personal and Advertising Injury Limit $ 1,000.000
Each Occurrence Limit $ 1,000,000
Fire Damage Limit (Any One Fire) $ 100,000
Medical Expense Limit (Any One Person) $ 10,000

THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.

City of Exeter
Agenda Item Transmittal
Meeting Date: June 14, 2022
For action by:

Agenda Item Number: E7 X City Council
Wording for Agenda: Adopt Resolution 2022-21 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the Regular Session:

City of Exeter through July 14, 2022, Pursuant to Brown Act X Consent Calendar Provisions (AB 361) due to continued State Declaration of Regular Item Emergency. Public Hearing
Submitting Department: Administration Review:

Contact Name: Adam Ennis/Shonna Oneal
Phone Number: (559) 592-4539 or (559) 592-9244 City Administrator Email: [email protected] or [email protected] (Initials Required) Department Recommendation:

Staff recommends that the City Council consider and adopt Resolution 2022-21 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through July 14, 2022 Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.

Summary:

On May 24, 2022, the City Council adopted Resolution 2022-17 Reaffirming Its Proclamation of a Local Emergency, Re-Ratifying the Proclamation of a State of Emergency by AB 361 issued on September 16, 2021, and Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through June 23, 2022. Pursuant to Brown Act Provisions. This resolution established the criteria necessary for the City to continue conducting teleconference meetings without compliance with the requirements of Government Code section 54953(b)(s) for a period of thirty (30) days. On March 22, 2022, the Council provided staff with direction to review a hybrid meeting option allowing some members to return in person and some to attend virtually as needed.

Pursuant to AB 361, the City Council must re-consider if a state of emergency exists in the City to continue remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953 every thirty (30) days. Currently, State and local officials continue to promote social distancing measures and City's conference chambers limited capacity could present imminent risk to health and safety of attendees if there is heavy attendance in the chambers. In addition, a State of Emergency has been proclaimed by the Governor of the State of California. By allowing some members of the legislative bodies to attend remotely and some in person, the City can continue to limit capacity in the City's small conference chambers.

Background:

During the past twenty-five (25) months, the City Council and its Legislative bodies have been conducting teleconferencing meetings as allowed for pursuant to a series of executive orders, the most recent which expired September 30, 2021 (Executive Order N-08-021, issued June 11, 2021), which waived all physical presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Recently adopted State law, AB 361, extends the authority of public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act's limitations on such meetings, while the state of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place.

Initial reliance on AB 361 requires the following:
1) There must be a proclaimed state of emergency; and
2) One of the following circumstances exist:
a. State or local officials have imposed or recommended measures to promote social distancing; or
b. The legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e) (1).

Both these conditions are presently satisfied. The Governor's State of Emergency Declaration, issued on March 4, 2020 remains in place today. The City's declaration of local emergency issued March 24, 2020, remained in place until March 2022. However, the size of the City's conference chambers could be a potential imminent risk to health and safety measures because State and local agencies continue to recommend social distancing as one of the measures to reduce the spread of COVID-19 and heavy attendance could limit the ability to maintain social Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following:
1) Either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social distancing; and 2) Not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists:
a. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
b. State or local offices continue to impose or recommend measures to promote social distancing.

If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows:
1) Each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option;
2) Teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
3) Public comments cannot be required to be submitted in advance of the meeting (though this may remain an option);
4) The public must be able to attend the meeting via call-in option or internet-based service option;
5) The public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; 6) If there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency's control that prevents members of the public from offering public comments using the call-in option or internet- based service option, the legislative body shall take no further action on items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and 7) Where, as in Exeter, the legislative body does not provide a timed public comment period but takes public comment separately on each agenda item, it shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Government Code Section 54953(e)(2).

In light of AB 361, the continuing State COVID-19 emergency, the continuing recommendations by the State and local officials of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with large attendance, staff recommends that Council adopt the proposed resolution making the findings required to continue AB 361. In addition, continuing to follow social distancing guidelines will assist in minimizing the potential for outbreaks in the organization and subsequent scrutiny and actions taken by Cal OSHA based on their current requirements.

Doing so will allow City Council and its legislative bodies meetings to continue to occur by teleconference, but allow for in-person attendance as well, without compliance with the teleconferencing requirements set out in Government Code Section 54953(b) (3) that would otherwise apply. The procedures currently set up for City Council meetings, which provide for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361.

Continued reliance on AB 361 will require the Council to adopt a new resolution making required findings every 30 days.

Fiscal Impact: None.

Prior Council/Board Actions: On March 24, 2020 the Council adopted Resolution 2020-12 proclaiming the existence of a local emergency due to the novel coronavirus (COVID-19).

On May 19, July 14, September 8, November 2 and December 8, 2020, and January 26, March 23, May 11, June 22, August 10, September 28, November 9, December 14, 2021, February 10 and March 8, 2022 Council approved to continue the state of emergency established by Resolution 2020-12 due to the Novel Coronavirus (COVID-19) for an additional 60 days. On September 28, October 26, November 18, December 14, 2021, January 11, February 10, March 8, April 26 and May 24, 2022 the Council adopted Resolutions 2021-21, 2021-24, 2021-29, 2021-31, 2022-02, 2022-03, 2022-05, 2022-09 and 2022-17 authorizing remote teleconferencing meetings pursuant to AB361.

Attachments: 1.) Resolution 2022-21 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through July 14, 2022 Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.

Recommended motion to be made by Council/Board: 1 move to adopt Resolution 2022-21 as presented
RESOLUTION 2022-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER RE-AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF ALL LEGISLATIVE BODIES OF THE CITY OF EXETER THROUGH JULY 14, 2022 PURSUANT TO BROWN ACT PROVISIONS [AB 361] DUE TO

CONTINUED STATE DECLARATION OF EMERGENCY
WHEREAS, the Exeter City Council is committed to preserving and nurturing public access and participation in meetings of all City of Exeter legislative bodies; and, WHEREAS, all meetings of the City of Exeter legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950-54963), so that any member of the public may attend, participate, and watch the City of Exeter's legislative bodies conduct their business; and, WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(s), subject to the existence of certain conditions; and,
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and,
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme period to the safety of persons and property within the jurisdictions that are within the City's boundaries, caused by natural, technological, or human-caused disasters; and, WHEREAS, it is further required that State or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, the Exeter City Council previously adopted Resolution 2021-21 on September 28, 2021, Resolution 2021-24 on October 26, 2021, Resolution 2021-29 on November 18, 2021, Resolution 2021-31 on December 14, 2021, Resolution 2022-02 on January 11, 2022, Resolution 2022-03 on February 10, 2022, Resolution 2022-05 on March 8, 2022, Resolution 2022-09 on April 26, 2022 and Resolution 2022-17 on May 24, 2022 finding that the requisite conditions exist for the legislative bodies of the City of Exeter to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and, WHEREAS, as a condition of extending the use of provisions found in section 54953(e), the Exeter City Council must reconsider the circumstances of the state of emergency that exists in the City, and the Exeter City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, a State of Emergency has been proclaimed by the Governor of the State of California; and, WHEREAS, State and local officials continue to promote social distancing measures and City's conference chambers limited capacity could present potential imminent risk to health and safety of attendees if there is heavy attendance in the chambers; and, WHEREAS, the City does hereby accept and acknowledge the proclamation of emergency by the Governor of the State of California; and,
WHEREAS, as a consequence of the proclamation of emergency issued by the Governor of the State of California and the limited size of the Council chambers to conduct business, the City does hereby find that the legislative bodies of the City of Exeter shall continue to permit council Resolution 2022-21
AB 361 Emergency Teleconterencing

Page 2 of 2 ends

members, staff, and the public, and their election, to attend meetings without compliance with paragraph three (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph two (2) of subdivision (e) of section 54953; and,
WHEREAS, the City will give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,
WHEREAS, the legislative body will not take any further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; and,
WHEREAS, the legislative body will not require public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and, WHEREAS, the legislative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified.

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

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and,
SECTION 3. Ratification of Governor's Proclamation of a State of Emergency. The City hereby accepts and acknowledges the Governor of the State of California's Proclamation of March 2, 2020 and finds the City's conference chambers limited capacity could present imminent risk to health and safety of attendees if there is heavy attendance in the chambers; and, SECTION 4. Remote Teleconference Meetings. The City Administrator and legislative bodies of the City of Exeter are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 5. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective through July 14, 2022 Passed, approved, and adopted this 14* day of June 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: June 14, 2022
For action by:

Agenda Item Number: E8 X_ City Council
Wording for Agenda: Authorize the purchase of twenty-five ballistic helmets from Hard Head Veterans in the amount of $12,237.50. Regular Session:

X Consent Calendar
Submitting Department: Police - Regular Item
_Public Hearing
Contact Name: Chief Hall, Chief of Police
Phone Number: 592-3103 ext. 2001
Review:

Email: [email protected]
City Administrator
Department Recommendation: (Initials Required)
That City Council authorize Department Staff to purchase twenty-five ballistic helmets from Hard Head Veterans in the amount of 0bL. $12,237.50.

Summary/Background:

There exists an expectation that the City and Department will provide our Officers with appropriate safety gear and equipment for them to perform their duties. This includes providing equipment which offers ballistic protection, to provide some semblance of safety for when officers are handling dangerous situations involving armed individuals. Ballistic safety equipment is typically provided in the form of ballistic vests, ballistic shields, and ballistic helmets.

The ballistic helmets currently in use by the Exeter Police Department are more than two decades old. Over the last two decades significant improvements have been made in terms of ballistic protection as well as weight and comfort for ballistic helmets.

Recently Department Staff researched these improvements and the various helmets readily available to identify the current industry standard and their associated costs. As part of this process staff obtained price quotes for twenty five ballistic helmets from three different vendors.

Streichers provided a quote of $14,624.75, Galls provided a quote of $14,375.00, and Hard Head Veterans (HHV) provided a quote of $12,237.50. Department staff is recommending Council authorize the purchase of twenty five ballistic helmets from (HHV).

Fiscal Impact: Currently funds are available for this purchase in the Department's Special Expense Account (141.421.012.000). This purchase can be made without the need for any additional budget appropriations.

Prior Council/Board Actions: None.

Attachments: Copies of the quotes from Streichers, Galls, and HHV.

Recommended motion to be made by Council/Board: I move to authorize Department Staff to purchase twenty-five ballistic helmets from Hard Head Veterans in the amount of $12,237.50.

Hard Head Veterans
Hard Head Veterans 6/2/2022
2500 W. Broadway St
Sweetwater, TX 79556 QUOTE NO. 1887
[email protected] SALES REP: Clinton Vaughn
«Payment terms 30 Days-
QUOTE PROVIDED TO:

John Hall, Chief of Police
Exeter Police Department
100 N. C Street
Exeter, CA 93221

DESCRIPTION OTY UNIT PRICE TOTAL
Ballistic Helmet BTE Plus 25 489.50 12,237.50

0.00 0.00

0.00 0.00
Remarks / Order Instructions: SUBTOTAL 12,237.50
We need 3 simple things to process your order. DISCOUNT

0.00 1) A signed purchase order OR payment in advance. SUBTOTAL LESS DISCOUNT 12,237.50 2) Any specific order details like colors and sizes.
3) Shipping and billing information. TAX RATE 0.00%
TOTAL TAX 0.00
You will receive a final invoice via email once your order is fulfilled.

SHIPPING/HANDLING 0.00
For payment/billing inquiries, please email becky@hardheadveterans.

Balance Due $ 12,237.50
Thank you for your service and business!
Helmet Warranty: 10 Year Performance Guarantee "there are no second chances" Galls: Uniforms, Equipment and Gear for Police
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City of Exeter
Agenda Item Transmittal
Meeting Date: June 14, 2022
For action by:

Agenda Item Number: E9 X City Council
Wording for Agenda: Approve a Request for a Special Event Facility Use and Street Closures for the Exeter Lions Club consisting Regular Session:
of private use of Dobson Field and adjacent city parking lot for a X Consent Calendar beginning at 8:00 a.m. the show beginning aust net ending al _ Regular Item Public Hearing
11:00 p.m. Subject to the conditions presented by staff.

Review:

Submitting Department: Public Works
Contact Name: Marie Arroyo City Administrator
(Initials Required)
Phone Number: 592-3318 x 4002
Email: [email protected]
Department Recommendation:

Approve a request of facility use of Dobson Field for the Exeter Lions Club to host an Independence Day Fireworks Show subject to the terms and conditions presented by staff.

Summary/Background:

It is the request of the Lions Club to host a free community Independence Day fireworks celebration at Dobson Field. This event traditionally draws thousands of people, and the aerial show is enjoyed for many miles. As has been done since the initiation of COVID protocol, the fireworks will be aerial only with no public admittance to Dobson Field or Lion's Stadium. Lions Club members will staff the parking lot to prevent admittance. Due to rising cost, of fireworks, insurance and the pyrotechnic company fees, the Lions Club will host the fireworks event on July 3 rather than July 4t for cost savings. The Lion's Club will:
- 1) Set up the event beginning at 8:00am with clean up concluding prior to 11:00pm. 2) Provide porta potties and handwashing stations, including ADA Accessible units, for volunteers.
3) Staff the parking lot to prevent admittance.
4) Provide all necessary applications, permit fees and insurance documents. 5) Require the use of overhead lighting.

Staff recommends that Council approve the Facility Use Permit Application subject to the above conditions outlined by staff.

Fiscal Impact: None to the City.

Prior Council/Board Actions: None for this event.

Attachments: Request of Special Event Facility Use Application of Exeter Lions Club.

Recommended motion to be made by Council/Board: I move to approve the special event at Dobson Field and the closure of the adjacent parking lot for the Exeter Lions Club on July 3, 2022 from 8:00 a.m. to 11:00 p.m., subject to the conditions presented by staff.

EXETER

FACILITY USE APPLICATION
Application Date:

Facility Requested:_Dobson Date(s) Needed: 07/03/2022
Reason for Use: Fireworks Show
Equipment Needed: Parking Lot
Set up time:_ 8am Departure time: 11pm
Event start time:9pm Event end time: 10pm
-
Name of
Organization: Exeter Lions Club
Address: PO Box
City:_ Exeter State: CA Zip: 93221

FACILITY USE POLICY
The following rules and regulations will be STRICTLY adhered to and enforced. Any infraction thereof shall be grounds for the immediate termination of the activity.

Page 1 of 3 ends

4. Driving on grass at City Facilities is strictly prohibited.

5. After event has ended, users MUST pick up all trash in and around the activity and deposit into the trash containers provided.

When alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.

Any failure to comply with reporting provisions of the policies by the Undersigned shall not affect coverage provided the City.

Undersigned 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.

Page 2 of 3 ends

Print Name of Applicant: Jacob Johnson
Signature of Applicant: Jacob Johnson Date: 617/22
Primary Phone Number(s): 559-308-8181 Email:[email protected] Approved by:

Print Name: Print Name:

Signature: Signature:

For Cia (re Onk: Renal fee Deposit Fee:

Cash or Check: Date Paid:

Cort Orlas Receied irrequired:

Page 3 of 7 ends

LIONS
L

EINTERNATIONAN
To whom it may concern:

The applications submitted for permits for our upcoming event is for a public event that will be free of charge to anyone who would like to attend. The Exeter Lions Club would like to ask that any fees associated with these applications be waived in order to maintain as much money as possible for the event expenses and the possibility of surplus money that can be put back into the community.

Thank you for your consideration,
Jacob Johnson
Jacob Johnson
Exeter Lion 1s* Vice President
We Serve!
EXET-27 OP ID: JA

ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (DOMY)
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

ER i cries bodier home ant cosions of to poly, coral pride may rat is an and romant satan on his certificate does not confer rights to the certificate holder in lieu of such endorsements) PRODUCER 559-592-9411 ONTACT Patty L. Spot
NSE Insurance Agencies, inc. 559-592-9411
United Valley Insurance Svcs (AC. No, Ext): TAC. No: 559-592-5059 160 South D'St., P.O. Box 704 AkEss: [email protected] Exeter, CA 93221
Patty L. Spott INSURERSI AFFORDING COVERAGE
INSURERA: Great American Assurance Co. 26344

INSURED
exeter Lions Club INSURER B:

P. O. Box 405 LINSURER C:

Exeter, CA 93221
INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER:

INSR

LTR TYPE OF INSURANCE POUCY NUMBER LIMITS
A X COMMERCIAL GENERAL LIABILITY 1,000,000

EACH OCCURRENCE
] CLAIMS-MADE [X OCCUR GLP488398213 05102/2021 05/02/2022 PAMAGET REGION). un in 100,000 5,000
x/ Liquor Liab MED EXP (Any one person) 1,000,000
PERSONAL & ADV INJURY Ten is en
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY PEST LOC PRODUCTS - COMPIOP AGG S 2,000,000
OTHER:

AUTOMOBILE LIABILITY TEA ACOBENISINGLE LIMIT
ANY AUTO BODILY INJURY (Per porson) i s

AUTOS ONLY SCHEDULED
ODILY INJURY (Per accident)
AUTOS ONLY eden DAMAG

UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE.

DED RETENTIONS
YIN
IN/A LE.L. EACH ACCIDENT
dandatory in Ni
LE.L. DISEASE - EA EMPLOYEE S
STOP OPERATIONS belON
EL. DISEASE - POLICY LIMIT S
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additonal Remarke Schedulo, may be attached i more space ls required) Insured per at Celed For C68970 12, Certificate holder is additional

CERTIFICATE HOLDER CANCELLATION
CITYE-1

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE, THEREOF, NOTICE WILL BE DELIVERED IN City of Exeter ACCORDANCE WITH THE POLICY PROVISIONS.

PO Box 237
Exeter, CA 93221 AUTHORIZED REPRESENTATIVE
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ODNY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorses (SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement o this certificate does not confer rights to the certificate holder in lieu of such endorsements).

NAME:

McGowan Allied Specialty PHONE
20595 Lorain Rd LAC. NO. Ext): 440-333-6300 FAC, NO): 440-333-3214 Fairview Park OH 44126 E-MAIL
ADDRESS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC *
License#: INSURERA INSURERA: T.H.E. Insurance Company 12866 INSURED AMBFIR-01
INSURER B:

Zambelli Fireworks Mfg. Co.
120 Marshall Drive INSURER C:

Warrendale PA 15086 INSURER D:

INSURER E:

INSURER F:

CERTIFICATE NUMBER:

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

NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

RTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAI

POLICY NUMBER
$1,000,000

CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $100,000
MED EXP (Any one person)
PERSONAL & ADV INJURY 1:.00000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000

POLICY LOC
PRODUCTS - COMPIOP AGG $2,000,000
OTHER:

AUTOMOBILE LIABILITY CPP010316708 2/1/2022 2/1/2023 OMBINED SINGLE LIM $1,000,000 a accider
X ANY AUTO BODILY INJURY (Por person)

OWNED SCHEDULED
AUTOS ONI Y AUTOS BODILY INJURY (Per accident) s

HIRED NON-OWNED

AUTOS ONLY X ROPERTY DAMAG
AUTOS ONLY Per acciden!
Deductible Comp/Coll $1,000
UMBRELLA LIAB ELP001108108 2/1/2022 2/1/2023
OCCUR EACH OCCURRENCE $ 9,000,000

X EXCESS LIAB CLAIMS-MADE
AGGREGATE $9,000,000

DED RETENTION S

WORKERS COMPENSATION

AND EMPLOYERS' UIABILITY BEATUTE

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT
(Mandatory in NH)
DESCRIPTION OF OPERATIONS belOW describe under E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S
Inland Marine / Hul CPP010316708 2/1/2022 2/1/2023 900,000/1,500,00 ired & Non Owned PHI
Excass Auto CPP010316708 2/1/2022 2/1/2023 700,000
ELP001295402 2/1/2022 2/1/2023 4,000,000
Display Date: 7/3/2022
see Lion cil, i, tbers and contrad as aditional insured in respects to the negligence of the named insure. ‹eter Lions Club, mi he City of Exeter and it's employee:
ulare County Fire Department and Contractor

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Lions Club of Exete
.O. Box 405
Exeter CA 93221 AUTHORIZED REPRESENTAIVE
7235
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD City of Exeter
Agenda Item Transmittal
Meeting Date: June 14, 2022
For action by:

Agenda Item Number: E10 X City Council
Wording for Agenda: Approve a Request for a Special Event Facility Use and Street Closure for the Exeter Lions Club consisting Regular Session:
of private use of Exeter City Park and the closure of D St between X Consent Calendar Chestnut and Cedar for an Independence Day Celebration, between Regular Item the hours of 6:00 a.m. and 9:00 p.m. subject to the conditions = Public Hearing presented by staff.

Review:

Submitting Department: Public Works
Contact Name: Marie Arroyo City Administrator
Phone Number: 592-3318 x 4002 (Initials Required)
Email: [email protected] ABE:

Department Recommendation:

Approve a request of facility use of City Park and street closure of D Street between Chestnut and Cedar for the Exeter Lions Club to host an Independence Day Celebration subject to the terms and conditions presented by staff.

Summary/Background:

It is the request of the Lions Club to host a free to attend community Independence Day Celebration at Exeter City Park. This fun day in the park will include live music, food vendors, Tood trucks, children's activities, a horseshoe tournament and a beer garden. Due to rising cost, of fireworks, insurance and the pyrotechnic company fees, the Lions Club will host the fireworks event on July 3 rather than July 4'h for cost savings. The Lion's Club will:
1) Begin set up at 6:00am with clean up concluding prior to 9:00pm. 2) Obtain an amplified sound permit for event time of 6:00am-9:00pm prior to event. 3) Provide porta potties and handwashing stations, including ADA Accessible units, during the event.
4) Need electricity to all available outlets.
5) Provide trash cans and has planned with Mid Valley for disposal. 6) Setup and take down road closure barricades provided by City. 7) Obtain authorization for beer garden subject to all terms and conditions of ABC licensing and approval from The City of Exeter Chief of Police (including secured area, wristbands and security) by June 27, 2022.
8) Provide street closure for parking of Food Trucks to avoid having vehicles driving or parking on lawn.
9) Provide all necessary applications, permit fees and insurance documents.

Staff recommends that Council approve the special event and Street Closure Request subject to the above conditions outlined by staff.

Fiscal Impact: None to the City.

Prior Council/Board Actions: None for this event.

Attachments: Request of Special Event Facility Use and Street Closure of Exeter Lions Club.

Recommended motion to be made by Council/Board: I move to approve the special event at City Park and street closure of DSt between Chestnut and Maple July 3, 2022, subject to the conditions presented by staff.

City g
ZETER

FACILITY USE APPLICATION
Application Date: 04/27/22
Facility Requested: EXETEL CIT-/ TALK Date(s) Needed: 07/03/2022 Reason for Use: PUBiIC EVENT
Equipment Needed: ENTIRE PARK
Set up time: _ — Departuretime:/0PM
Event start time: 7Am Event end time: 9PM
Name of
Organization: EXETER LIONS CLUB
Address: Po Box 405
City: EXETER _State: CA Zip: 93221

FACILITY USE POLICY
The following rules and regulations will be STRICTLY adhered to and enforced. Any infraction thereof shall be grounds for the immediate termination of the activity.

Page 1 of 3 ends

4. Driving on grass at City Facilities is strictly prohibited.

5. After event has ended, users MUST pick up all trash in and around the activity and deposit into the trash containers provided.

INSURANCE & WAIVERS
coverage at least as broad as Insurance Services Office form CG 0001 in an amount not less than two project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage and shall 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 under such policies.

When alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.

Any failure to comply with reporting provisions of the policies by the Undersigned shall not affect coverage provided the City.

Undersigned 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.

Indemnity/Hold Harmless Agreement: Undersigned shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and Pace 2 nf 3
costs of litigation ("claims"), arising out of the Undersigned's performance of its obligations under this agreement or out of the operations conducted by Undersigned, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Undersigned's performance of this agreement, the Undersigned shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.

Communicable Disease Waiver and Release: The coronavirus ("COVID-19") has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend face coverings and social distancing. The City of Exeter cannot guarantee that you will not become infected with COVID-19. Further, attending this facility for a program or activity could increase your risk of contracting COVID-19. By signing this agreement, participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that he/she may be exposed to or infected by COVID-19 while attending this facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of himself/herself and others, including, but not limited to, City of Exeter employees, volunteers, and program participants and their Participant voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to himself/herself (including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that he/she may experience or incur in connection with attendance at the facility. Participant hereby releases, covenants not to sue, discharges, and holds harmless the City of Exeter, its employees, agents, and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

Participant understands and agrees that this release, to the fullest extent permitted by law, includes any claims based on the actions, omissions, or negligence of the City of Exeter, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after attending a facility program or I have read the Facility Use Policy and do hereby certify that I have been duly authorized by the above-named organization which I represent to enter into this agreement, and that the activity which the organization is sponsoring fully meets the conditions set for the herein and that we agree to observe all rules and procedures as stated.

Print Name of Applicant: JAcOB, JotusaN
Signature of Applicant:≤ Date: 04/27/22
Primary Phone Number(s): 3058-8181
Approved by:

Print Name: Print Name:

Signature: Signature:

Deposit lee: Date Paul:
(ashur Chech... Imital s Cot Orlos Recital required:.
xxxxx>X_ D ST.

FOOD TRUCKS
ForD TREKS

PLAY GROUND

NON-FOOD VENDORS

LORUHOLE
ToURNY BEER GARDEN
CHESTNUT CEDAR ST.

PORTA POTTIES
STAGE

HORSESHOE
TOUZNY
NON. TRUCK COOD
E ST.

City of Exeter
100 North C Street
Exeter, CA 93221
Ph #559-592-3103 Fax# 559-592-3346
EXETER

PROTECTING, PRESERVING,

AND PROMOTIC

ALL TOWN A C
Title 5, Chapter 5.48 -
Sound-Amplifying Systems, Meetings, Assemblies, Parades & Processions Application for assemblies and parades on public streets, sidewalks and parks, also the use of sound amplifying equipment, within the City of Exeter. This application must be filed within ten (10) days nor more than sixty (60) days prior to the date of the assembly, parade or meeting.

A copy of this permit must be at the operating premises of the amplifying equipment for which this permit is issued.

Name of Applican JACOB Jottisen Phone No. 3056-8181
-
Address
Name of Organization EXETER LIONS CLUB Phone No. 308-8181 Address Po BOX L65, EXETER CA 9322l.

Type of Event PUBLIC EVENT Location of Event EXETER CITY PARK Date of Event 07/03/2022 Start Time LeA _End Time 9pM
Type of equipment to be used AMPLIFYING SYSTEMS
Additional Intormation
• JACOB Tot-gon _ HEREBY AGREE TO ABIDE BY ALL PROVISIONS SET FORTH IN CITY ORDINANCE 5.48 AND ALL OTHER APPLICABLE ORDINANCES OF THE CITX OF EXETER.

Applican Signature
Chief of Police
DIONS
L

PMTERNATIONAE
To whom it may concern:

Thank you for your consideration,
Jacob Johnson
Jacob Johnson
Exeter Lion 1st Vice President
We Serve!
City of City of Exeter Street Closure Application
350 W. Fire baugh - PO Box 237, Exeter, CA 93221
Ph. #559-592-3318 Fax.# 559-592-3516
EXETER

PROTECTING, PRESERVING,

AND PROMOTING

SATE TOWN AMERICH
Date of Event: _ 07/03/22
Name of group requesting street closure: Exeter Lions Club Name of contact person: Jacob Johnson _Phone: 559-592-9411 Mailing address: PO Box 405 Exeter, CA 93221 Email : [email protected] Alternate Contact Person: _Phone
Mailing Address: Phone:

Type of event: Free Community Event
Time of closure: 9am _until 9pm
Details of streets/parking lots/public right of way requesting to be closed: (provide map or additional pages if necessary)
We would like to close D street between Chestnut and Cedar.

JIJ _I have been provided a copy of the City of Exeter Street Closure Policy and understand the provisions.
_I have been provided a copy of the City of Exeter Street Closure Application Attachment for insurance/waiver requirements and COVID information and understand my responsibilities.
-i understand my $50 application fee is nonrefundable and if my event needs to be rescheduled, I will not be required to pay a second application fee.

Applicant Signature: _ Jacob Johnson Date 05/24/22
Office use:****************************************************************************** Fee paid
Public Works Director Chief of Police
Council Approval:

Ciby oC
EXETER

SATE TOWN ANECE

STREET CLOSURE APPLICATION ATTACHMENT

INSURANCE & WAIVERS
General Liability Insurance: The undersigned 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 one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage, and shall 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 under such policies.

When alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.

Any failure to comply with reporting provisions of the policies by the Undersigned shall not affect coverage provided the City.

Undersigned 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.

Indemnity/Hold Harmless Agreement: Undersigned shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels fees and costs of litigation ("claims"), arising out of the Undersigned's performance of its obligations under this agreement or out of the operations conducted by Undersigned, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Undersigned's performance of this agreement, the Undersigned shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.

Page 1 of 2 ends

Communicable Disease Waiver and Release: The coronavirus ("COVID-19") has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend face coverings and social distancing. The City of Exeter cannot guarantee that you will not become infected with COVID-19. Further, attending this facility for a program or activity could increase your risk of contracting COVID-19. By signing this agreement, participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that he/she may be exposed to or infected by COVID-19 while attending this facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of himself/herself and others, including, but not limited to, City of Exeter employees, volunteers, and program participants and their families. Participant voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to himself/herself (including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that he/she may experience or incur in connection with attendance at the facility. Participant hereby releases, covenants not to sue, discharges, and holds harmless the City of Exeter, its employees, agents, and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

Print Name of Applicant: Jacob Johnson
Signature of Applicant: _ Jacob Johnson Date:_05/24/22
Primary Phone Number(s): 559-592-9411 Email: [email protected]

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DETOUR
CHESTNUT ST. *xxX
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EXET-27 OP ID: JA
ACORD: CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/20/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZEL REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorse SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement o this coruficate does not confer rights to the coft-592- 9otdor in lieu of such endor patty Spot 559-592-9411 NSE Insurance Agencies, Inc. 559-592-9411
AC. NO, Ext): FAC. NO. 559-592-5059
160 South D'St., P.O. Box 704 EkEss: [email protected]

INSURERS AFFORDING COVERAGE NAIC H
INSURER A: Great American Assurance Co. 26344
INSURED INSURER B:

Exeter Lions Club
P. O. Box 405 LINSURER C:

Exeter, CA 93221
INSURER D:

INSURER E :

INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI ELUSION ONE POLICE LESSON HAVE BEEN RED A HERE IS SUBJECT TO ALL THE TERMS.

TYPE OF INSURANCE POUCY NUMBER LIMITS
A X COMMERCIAL GENERAL LiABILITY 1,000,000

EACH OCCURRENCE
CLAIMS-MADE [X] OCCUR x GLP488398213 05/02/2021|05/02/2022PREMISES (EA ocumence. 100,000 5,000
X Liquor Liab MED EXP (Any one person)
PERSONAL & ADY INJURY 1,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 LOC 2,000,000

PRODUCTS COMPIOP AGG S
OTHER:

AUTOMOBILE LIABILITY LE On SINGLE LIMIT

ANY AUTO

AUTOS ONLY
BODILY INJURY (Per accident) s
AUTOS ONLY Per acciden PAMAGE

UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE Tes as us es
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DYSS DISTION OF OPEATIONS baIN E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S

CERTIFICATE HOLDER CANCELLATION
CITYE-1

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR NOTICE WILL BE DELIVERED I!
City of Exeter
PO Box 237
Exeter, CA 93221 AUTHORIZED REPRESENTATIVE
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City of Exeter
Agenda Item Transmittal
Meeting Date: June 14, 2022
For action by:

Agenda Item Number: F1 X_City Council
Regular Session:

Wording for Agenda: Public Hearing and Consideration of the Consent Calendar Adoption of an Uncodified Ordinance of the City Council of the City X_ Regular Item of Exeter Adopting a Military Equipment Use Policy per CA X Public Hearing Assembly Bill No. 481.

Review:

Submitting Department: Police Department and City Attorney's City Administrator Office (Initials Required)
Contact Name: Julia M. Lew, City Attorney
Phone Number: 559.734.6729
Email: [email protected]
Department Recommendation:

That the City Council hold the noticed public hearing, and consider whether to adopt and give second reading to the above-referenced draft Ordinance. The proposed ordinance adopts the Police Department's Military Equipment Use Policy as required pursuant to AB 481.

Summary/Background:

Assembly Bill 481, codified at Government Code sections 7070 through 7075 requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a "military equipment" use policy by ordinance, prior to the LEA funding, acquiring, or using military equipment.

The Exeter Police Department (EPD) seeks City Council adoption of the attached Military Equipment Use Policy -704 (Attachment 1), in order to allow EPD to continue to use the vital equipment specified therein.

Items deemed to be "military equipment" by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field, and are used by LEAs to enhance citizen safety and officer safety. Loss of these items would jeopardize the welfare of the citizens of Exeter and police officers within the EPD.

The term "military equipment", as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Attached to this staff report is an inventory/ list of the Police Department's military equipment, as defined by AB 481. The definition of "military equipment" includes items such as unmanned, remotely piloted aerial or ground vehicles, armored personnel carriers and other vehicles, breaching apparatuses, certain types of firearms and ammunition, explosive breaching tools, and certain projectile launching platforms. Other items deemed to be "military equipment" via AB 481 include foundational equipment such as rifles. These rifles allow peace officers to address lethal threats from a greater distance and with greater precision.

For clarification, AB 481 does not permit the City to utilize aircraft vessels or vehicles that inherently contain weaponry; crew-served/large caliber (.50 or greater) weapons and ammunition; military uniforms; and explosives or pyrotechnics of any kind. Furthermore, aircraft and vehicles are "de-militarized" (meaning specific military technology and communication equipment) are removed prior to transfer to law enforcement agencies.

EPD is committed to using the most up to date tools and equipment to safeguard the citizens of Exeter. Many of the items deemed to be "military equipment" by AB 481 are in fact employed by EPD, and LEA's across the country, in order to specifically reduce risk to community members.

These items provide police officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide EPD's police officers with vital tools that facilitate compliance with its stringent use of force policy.

The proposed ordinance seeks to approve the EPD's Policy 704, which constitutes EPD's Military Equipment Use Policy. EPD Policy 704 outlines each item identified in Government Code section 7070, which is currently owned by the City. The Policy also includes the current use and cost of each item (Attachment 2). These particular items, and their stated uses, have been in place prior to the implementation of AB 481. Future acquisitions of any item deemed to be "military equipment," if not previously authorized by the ordinance and/or Policy, will require a further public meeting, policy update, and council approval.

The proposed Ordinance and Policy 704 safeguards the public's welfare, safety, civil rights and civil liberties. The Policy 704 ensures that there are safeguards, including transparency, oversight, and accountability measures in place. For instance, Policy 704 requires that EPD's Investigations/Services Lieutenant will ensure that EPD complies with Policy 704. EPD will conduct an annual audit of military equipment. Members of the public are provided direction per the policy on how to register complaints for violations. All items which result in a use of force will be investigated, as is already required by existing EPD policy.

There are no reasonable alternatives to the items listed below. EPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety. Each item's necessity is further described below:

Unmanned remotely piloted powered aerial vehicle:

Unmanned Aerial Vehicle systems (UAVs) are necessary as they provide visibility to high risk locations. Without the use of a UAVs, police officers would have to deploy to high risk locations which would increase the risk to the officers and members of the public. The UAV system is designed to enter small spaces, such as enclosed structures, as well as to provide overhead observations of wooded areas and other structures located in often times crowded spaces. There are no known alternatives which could be used to safely access these locations.

Unmanned remotely controlled ground vehicle:

Unmanned ground robots are used for reconnaissance during critical incidents to assist in providing visibility in areas where it would be unsafe to send a police officer. This system can also be used to defuse or move potentially hazardous items. Not having access to this item would require the use of police officers to engage in high risk tasks.

There is no known alternative to this system.

Armored personnel carriers, Lenco Bearcat, wheeled vehicles that have a breaching or entry apparatus:

Armored vehicles are used to provide ballistic protection to officers and citizens during rescue, critical incidents and other hazardous situations. These vehicles allow officers closer access to high risk situations while substantially reducing the physical risk to the officers and citizens. These vehicles are built on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles. As such, there are no reasonable alternatives to providing the same level of ballistic protection.

Command and control vehicles
The mobile incident command vehicle is an unarmored vehicle equivalent to a commercial recreational vehicle. It is equipped with specific communication and audio- visual devices to assist in command and control of DUI checkpoints. This vehicle allows for mobile incident command of DUl checkpoints and use of the Incident Command Systems facilitating the best possible on scene decision-making by key leaders. It provides for mobility, sheltering, and logistical support, restroom facilities and power.

There is no known alternative for the mobile incident command vehicle, which provides the same amount of mobility and support at one location in a quick deploying package.

Specialized firearms and ammunition including assault weapons:

Patrol rifles, Special Weapons and Tactics (SWAT) rifles, and sniper rifles enable officers when in compliance with the EPD's Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officer's precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance or precision.

Flash bangs:

Flash bangs are used as a distraction device in order to disorient or divert the suspect' (s) attention away from officers. This can allow officers to gain safer access to a high risk situation, giving extra time to assess and analyze existing threats. This can prevent injury to officers and citizens. These devices can often lead to a safer resolution and allow officers to take a citizen into custody without force. There is no known alternative to a flash bang when it is necessary.

Tear gas:

Tear gas is less a lethal method used to address violent or riotous crowds when there is a risk of physical safety. It is also used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence to officers. Tear gas allows police officers to deploy a less lethal chemical agent into a structure where other weapons would not be capable of doing so. These weapons are less lethal and afford police officers an added option to avoid lethal force encounters. When these items are reasonable and necessary for use, there is no other alternative. 40mm projectile launchers and bean bag shotguns:

The 40mm launcher affords the ability to use less lethal chemical agents and impact munitions. This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable. The bean bag shotgun also allows officers to confront a potentially armed or dangerous suspect at a longer distance.

This can potentially prevent a deadly force encounter. When necessary, there is no alternative to these less lethal weapon systems.

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide police officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified above are vital to EPD's mission and will continue to be strictly regulated through internal processes and oversight.

The EPD is also required to seek governing body approval before collaborating with another law enforcement agency in the deployment or use of military equipment within the governing body's territorial jurisdiction.

The City Council was required to commence its legislative approval process for Policy prior to May 1, 2022, in order for EPD to continue utilizing qualifying equipment already purchased, and it did so by considering and giving first reading to this ordinance on April 26th. Furthermore, AB 481 required that at least 30 days prior to adoption of the ordinance, the City must make its proposed policy available on the City's/Department's internet website. The policy has been available on the site since May 18th.

Consequently, it is recommended that the City Council hold the public hearing and consider all public testimony provided, and adopt and give second reading of the Ordinance.

Fiscal Impact: Minor costs related to updating the City's ordinances, and required annual review and confirmation process.

Prior Council/Board Actions: Approval and first reading of the Ordinance on April 26, 2022.

Attachments:
1- Ordinance
2- EPD Policy 704 - Military Equipment
3- Inventory of Military Equipment
Recommended motion to be made by Council/Board: 1 move:
1) That the City Council adopt and give second reading to Ordinance 703, an Uncodified Ordinance of the City Council of the City of Exeter Regarding Police Acquisition and Use of "Military Equipment," read by title only and waiving further reading thereof.

ORDINANCE 703

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EXETER REGARDING POLICE ACQUISITION AND USE OF "MILITARY EQUIPMENT" WHEREAS, California Assembly Bill 481, codified at Government Code Sections 7070 through 7075 requires the Exeter Police Department to obtain approval from the City Council, via adoption by ordinance, of its "military equipment" use policy, prior to funding, acquiring, or using "military equipment";
WHEREAS, items defined as "military equipment" under AB 481 have been tested in the field and are used to enhance citizen and officer safety and as a component of overall best practices for law enforcement agencies through the country; WHEREAS, the City Council finds that the "military equipment" is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; WHEREAS, the City Council finds that the proposed "military equipment" use policy will safeguard the public's welfare, safety, civil rights, and civil liberties; WHEREAS, under the policy made effective via this ordinance, any purchasing of the equipment shall be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
WHEREAS, the City Council finds that prior "military equipment" use complied with the Police Department's Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action was been taken to remedy nonconforming uses and ensure future compliance; and WHEREAS, as a precondition to funding, acquisition or use of "military equipment," the City has followed the approval procedures required by AB 481, including the posting of the proposed policy at least 30 days prior to final adoption of this ordinance;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER HEREBY ORDAINS as follows:

SECTION 1. Name of Ordinance. This Ordinance shall be known as the Military Equipment Use Ordinance.

SECTION 2. Definitions
A. "Military Equipment" includes all of the following (Per CA Gov. Code §7070):

Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
1 4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munitions (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. "City" means any department, agency, bureau, and/or subordinate division of the City of Exeter.

C. "Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Exeter Police Department.

D. "City Council" means the governing body that is the Exeter City Council.

E. "Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

F. "Certain Circumstances / Exigent Circumstances" means the Exeter Police Department works closely with local, county, state, and federal partners. In certain and/or exigent circumstances, and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members. If the Police Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. Exigency means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number.

SECTION 3. Military Equipment Use Policy and Requirements.

A. The Military Equipment Use Policy is attached to this Ordinance as Exhibit "A." B. The Exeter Police Department is required to obtain approval of the City Council, by this ordinance adopting the Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), prior to engaging in any of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code

2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
3 4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Exeter.

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this Ordinance.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

7. Acquiring Military Equipment through any means not provided by this section.

C. If seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, no later than May 1, 2022, the Exeter Police Department shall have commenced a City Council approval process in accordance with this section. The City Council did so on April 26, 2022. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Exeter Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.

D. In seeking the approval of City Council, the Exeter Police Department shall have submitted a proposed Military Equipment Use Policy to City Council and shall have made those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

E. The City Council shall have considered a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provided for public comment in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).

F. The City Council shall have only approved a Military Equipment Use Policy pursuant to this Ordinance if it determines all of the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

G. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

H. The City Council shall review this Ordinance (and any other ordinance, if applicable) that it has adopted approving the funding, acquisition, or use of Military Equipment at least 4 annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).

SECTION 4. Use in Exigent Circumstances
A. Notwithstanding the provisions of this Ordinance, the Police Department may acquire, borrow and/or use Military Equipment in certain and/or Exigent Circumstances without following the requirements of this code.

B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department's next annual Military Equipment Report.

SECTION 5. Reports on the Use of Military Equipment
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military • Equipment in the calendar year following submission of the annual Military Equipment Report.
5 5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

SECTION 6. Enforcement.

A. Remedies for Violations of this Ordinance

1. This Ordinance does not provide a private right of action upon any person or entity to seek injunctive relief against the City or any employee unless that person or entity has first provided written notice to the City Administrator by serving the City Clerk, regarding the specific alleged violations of this Ordinance.

2. If a specific alleged violation is not remedied within 90 days of that written notice, a person or entity may seek injunctive relief in a court of competent jurisdiction.

3. If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the City's website that describes, to the extent permissible by law, the corrective measures taken to address the violation.

4. If it is shown that the violation is the result of arbitrary or capricious action by the City or an employee or agent thereof in his or her official capacity, the prevailing complainant in an action for relief may collect from the City reasonable attorney's fees in an amount not to exceed $15,000 if they are personally obligated to pay such fees.

SECTION 7. Whistleblower Protections. All provisions of Exeter's employee and work place policies related to protections of whistleblowers and protection from illegal retaliation, and including any updates or replacements thereto, shall apply.

SECTION 8. Severability.

A. If any section, subsection, sentence, clause, phrase, or word of this Ordinance, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Ordinance. 6 B. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Ordinance or application thereof would be subsequently declared invalid or unconstitutional.

SECTION 9. Effective Date. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Exeter Recorder, a newspaper printed and published in the City of Exeter, State of California, together with the names of the Council members voting for and against the PASSED, APPROVED AND ADOPTED this _ _day of_ _ 2022.

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

City Clerk
7 Policy Exeter Police Department
706 Exeter Police Department Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The elected or appointed body that oversees the Department.

Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.

Any firearm or firearm accessory that is designed to launch explosive projectiles.

Noise-flash diversionary devices and explosive breaching tools.

Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.

TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Copyright Lexipol, LLC 2022/04/21, All Rights Reserved. Military Equipment - 1 Published with permission by Exeter Police Department
Exeter Police Department
Exeter Police Department Policy Manual
Military Equipment
706.2 POLICY
It is the policy of the Exeter Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Exeter Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Published with permission by Exeter Police Department Military Equipment - 2 Exeter Police Department
Exeter Police Department Policy Manual
Military Equipment
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Military Equipment - 3
Exeter Police Department Military Equipment Inventory
Equipment Type:
40MM Launcher and Rounds
Description:
40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.

Quantity:
(1) Armor Holdings less lethal Launcher
Capabilities:

The Armor Holdings 40MM Launcher is a single shot tactical launcher that features a synthetic fixed stock and EOTech sights. It will fire standard 40mm less lethal ammunition.

Expected Service Life:
25 Years
Manufacturers Description:

Armor holdings was purchased by Safariland and is no longer manufactured.

Comparable items description: Manufactured exclusively for Defense Technology, is a tactical single shot launcher, and will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems Purpose and Authorized uses:

To limit the escalation of conflict where deployment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

Fiscal Impact:

No Annual Maintenance
Legal and Procedural Rules:

It is the policy of the department to utilize the 40MM only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Required Training:

Sworn members utilizing 40MM less lethal impact rounds shall be trained in their use by POST certified less lethal instructor.

Compliance Mechanisms:

Operational use supervised by department field supervisors and governed by department policy 303 - Control Devices and Techniques.

Exeter Police Department Military Equipment Inventory
Equipment Type:

Less Lethal Shotguns
Description:

The less lethal shotgun is used to deploy the less lethal 12-gauge beanbag round Quantity:
(4) Remington Model 870 less lethal pump-action shotguns.

Expected Service Life:
15 Years
Manufacturers Description:

The Remington Model 870 is a pump-action shotgun, widely used by the public for shooting sports, hunting and self-defense, as well as by law enforcement and military organizations worldwide.

Purpose and Authorized uses:

To limit the escalation of conflict where deployment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

Fiscal Impact:

No Annual Maintenance
Legal and Procedura Rules:

It is the policy of the Department to utilize Remington Model 870 less lethal pump-action shotguns only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Required Training:

Sworn members utilizing Remington Model 870 less lethal pump-action shotguns shall be trained in their use by POST certified less lethal instructor.

Compliance Mechanisms:

Operational use supervised by department field supervisors and governed by department policy 303 - Control Devices and Techniques.

Exeter Police Department Military Equipment Inventory
Equipent y Mobiliy Multipurpose Wheeled Vehicle (HMMWV) Description:

Commercially manufactured 4 wheeled military vehicle utilized for law enforcement purposes.

Quantity:
(3) AM General Humvees
Capabilities:

A Humvee is an armored vehicle built to transport soldiers and payloads across any terrain.

Expected Service Life:
15 Years
Manufacturers Description:

The Humvee (HMMWV) is a lightweight, diesel-powered, four-wheel-drive tactical vehicle.

Purpose and Authorized uses:

To provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents. To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Fiscal Impact:

Less than $500 per vehicle annually.

Legal and Procedural Rules:

It is the policy of the Department to utilize the AM General Humvees only for official law enforcement purposes, and pursuant to State and Federal law.

Required Training:

All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Compliance Mechanisms:

Operational use supervised by department field supervisors and governed by department Policy 704- Vehicle Use
Exeter Police Department Military Equipment Inventory
Equipment Type:

Patrol Rifles
Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Quantity:
(20) AR-15/M4 Colt Rifles
(3) SMG Colt Rifle
Capabilities:

Precision shooting at greater distances than offered by the issued handgun.

Expected Service Life:
15 Years
Manufacturers Description:

The AR-15/M4 is a lightweight, magazine-fed, gas-operated semiautomatic rifle.

The SMG is a lightweight, magazine-fed, gas-operated selectable semiautomatic/automatic rifle.

Purpose and Authorized uses:

To be used as a precision weapon to address a threat with precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impact:

No Annual Maintenance, cost of ammunition
Legal and Procedural Rules:

It is the policy of the Department to utilize the M4 and SMG Colt Rifles only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.

Additionally, all members that operate any rifle are required to attend quarterly range training and pass range qualifications once a year. (These standards are the minimum and the department provides training in excess of these requirements.)
Compliance Mechanisms:

Operational use supervised by department field supervisors and governed by department Policy 306- Firearms.

City of Exeter
Agenda Item Transmittal
Meeting Date: June 14, 2022
For action by:

Agenda Item Number: F2 X City Council
Wording for Agenda: Consider three nominees from the cities in Tulare County and select one nominee to serve as the Transit Regular Session:

Representative to the Tulare County Association of Governments. Consent Calendar X Regular Item
Submitting Department: Administration Public Hearing
Contact Name: Adam Ennis, City Administrator
Phone Number: (559) 592-4539 Review:

Email: [email protected]
City Administrator
(Initials Required)
Department Recommendation: Staff recommends that the Council select one of the nominees from the cities in Tulare County to serve as the Transit Representative to the Tulare County Association of Governments.

Summary/Background:

The Tulare County Association of Governments (TCAG) is required to have a member that represents transit agencies and riders on the Board. The TAG Board generally meets on the third Monday of each month at 1 p.m. at various locations around the County. Voting members are expected to attend the meetings on a regular basis, and to notify their alternate, and the TCAG Executive Director, in a timely manner if they are not able to attend. For at least the next few months, participating via zoom is an option, but may not always be an option for a voting member. Meeting dates and times to vary periodically, and there can be an annual retreat, special meetings or opportunities to travel representing TAG.

The Tulare County Council of Cities (COC) put out a call for nominations to fill an unexpired term that will end July 1, 2023. This is a three-year term, with a year left on the current term. All cities in the County were provided the opportunity to nominate an elected official for this position. The following elected official nominations were received (listed in alphabetical order as prescribed by the attached appointment process adopted as amended in 2018):
• Kellie Carrillo - City of Porterville
• Hipolito A. Cerros - City of Lindsay
• Brett Taylor - City of Visalia
Each City Council is asked to select the elected official they would like to serve as the Transit Representative on the TCAG Board. Each Council's selection should be forwarded to the Clerk of the COC Board, Gladys Ruiz, [email protected] no later than Friday, June 24, 2022 by 5 p.m.

Per the policy, the elected official receiving the highest number of votes will be appointed as the member; the person with the second highest number of votes will have the opportunity to serve as the Transit alternate on the Board. (See attached policy for provisions in case of a tie, etc.) Fiscal Impact: None
Prior Council/Board Actions: None
Attachments: Tulare County Council of Cities Process for Selecting a Transit Representative to the TCAG Board
Recommended motion to be made by Council/Board: I move to approve either; 1) Kellie Carrillo (City of Porterville) or 2) Hipolito A. Cerros (City of Lindsay) or 3) Brett Taylor (City of Visalia) as the City of Exeter's selection to serve as the Transit Representative on the TCAG Board.

Tulare County Council of Cities
Process for Selecting a Transit Representative to the TCAG Board There is a Transit position on Tulare County Association of Governments (TAG) Board of Directors. This position was created by the TCAG Board in 2015 and carries a three year term. It is a full voting member of the Board that is appointed by the Council of Cities. In 2017, the Council of Cities determined a process for filling the position. Per the TAG Director, the person holding this position should be an elected official from a City that directly provides fixed route service who is willing to fulfill the job which includes the following items:

Public Transit Representative Duties
* Receive orientation and training on the roles and responsibility of TCAG as an agency, as well as the responsibilities of individual board members.
* Represent the interests of public transit in Tulare County. This includes the interest of residents and riders in the county, as well as all agencies that provide public transit in Tulare County. * Serve as the TCAG representative on the CalVans board of governors. * Attend various meetings, functions, conferences, etc. Examples include:
• CalVans board meetings
• Stakeholder and community meetings
• Unmet Needs Public Hearings
• Transit forum meetings
• Meetings of the Social Services Transportation Advisory Council (SSTAC) • Events, functions, etc. with local, regional, state and federal partner agencies • Advocacy trips to Sacramento and Washington D.C.
• Project groundbreakings
* Ensure that you are provided the necessary information for decision-making. * Attend board member training.
*Attend TCAG board meetings and workshops.
* Promote and advocate for public transit that serves the residents of Tulare County.

Process:

At the May, 2017 Council of Cities meeting, the City representatives discussed utilizing the following process be developed. It is proposed that this process be utilized to fill the position being vacated on June 30 of this year, and then the Council of Cities consider the policy at the July 19 meeting. The following process has been outlined

1. Notify all Tulare County cities that a position is available

2. Each city will notify its Council Members that a position is available, and that they should notify their City Manager by a date specific if they are interested in serving as the Transit Representative.

3. The City Managers will notify the designated Council of Cities representative by a date specific if they have a Council Members who wishes to be considered for the position.

4. If only one Council person expresses interest by the date specified, that name will be forwarded to the Tulare County Association of Governments as the representative. A request will go out to the cities for an alternate, to be filled through the same process.

5. If more than one Council person expresses interest, a Council of Cities staff representative will assemble the names, and draft a sample report with the names listed in alphabetical order by last name, including timelines, that each City can work from in selecting a nominee.

6. Each City will put the item on a Council agenda, and each City Council will select a nominee. The candidate that garners the most votes will be forwarded to the TAG Board as the representative. If the nomination process results in a tie, those names involved in the tie will be forwarded to the Council of Cities for a final decision.

7. If there is a tie that goes to the Council of Cities, and the vote at the Council of Cities also results in a tie, then the Council of Cities will hold a second ballot on the same day. If it remains a tie, the representative will be selected based on a random draw at the Council of Cities meeting between those names involved in the tie.

8. If a City Council is unable to complete the process within the timeframes indicated, their vote will be considered an abstention, and the process will continue along the timeframes outlined.

9. The person with the second largest number of votes from cities will be the alternate to the TCAG Board for the Transit Representative.

10. If candidate receiving the second largest number of votes declines to be alternate, the candidate with the next largest number of votes will have the opportunity to serve. If no candidate accepts the alternate position, the Chair will issue a call for nominations and at the next Council of Cities meeting, the voting members will elect the alternate from the nominations submitted.

11. Timeframes for vacancies will be set when the position becomes vacant, with the expectation an appointment at the end of the term should begin three months before the position becomes vacant.

City of Exeter
Agenda Item Transmittal
Meeting Date: June 14, 2022
For action by:

Agenda Item Number: F3 X City Council
Wording for Agenda: Receive, review and discuss the 2022/2023 and 2023/2024 Two-Year Budget for the City of Exeter and provide Regular Session:
direction to staff for finalizing and adoption of FY2022/2023 and Consent Calendar FY2023/2024 budget and FY2022/2023 through FY2026/2027 X Regular Item Capital Improvement Plan on June 28, 2022. Public Hearing Submitting Department: Finance/Administration Review:

Contact Name: Rainbow Moore, Finance Director/ City Administrator Adam Ennis, City Administrator (Initials Required)
Phone Number: 559-592-2755
Email: [email protected] aB
Department Recommendation:

Staff recommends that Council
- Review and discuss the draft 2022/2023 and 2023/2024 budget and provide direction to staff for finalization of the following:
• Operating Budget
• All Fund's Appropriation
• Capital Improvement Plan (CIP)
Summary:

Over the last several years, the City has made a concerted effort and implemented policies to improve the financial condition of the City. This balanced budget is another critical step in maintaining financial reserves while preserving and improving core services.

The two major components of the City's finances are the General Fund and the Enterprise Funds, with the remaining non-discretionary funds essentially being pass through funding designated for specific purposes. The General Fund has seen improvements through gaining understanding and control of the budget. This has resulted in cost savings and, coupled with revenue increases, provided the opportunity for the Council to choose to significantly increase the reserve. Some of the significant increase in reserves over the last two years has been due to additional one-time funding that assisted in offsetting costs.

The Enterprise Funds have also experienced significant financial improvement with rate increases implemented and approved through the end of year 2024. Rate increases also occurred in the Sanitation Fund, which will also bring that fund back in the black over the next few years. While improvement in the Enterprise funds will take several years to come to full fruition, they are headed down the road to financial recovery. This recovery now provides the opportunity for development of a forecasting Capital Improvement Program (CIP) for planning projects that will provide increased system reliability. Implementation of this "new" CIP program will evolve and be improved over the next several years as planning, estimating, staffing and scheduling challenges are addressed to develop a consistent delivery of projects across the organization.

The improvements discussed above have stabilized the City's fiscal position and could prove to be timely. With the increasing CaPERS unfunded liability payments, national supply chain issues, inflation and predictions of a recession, the City is currently in a better position to continue to make progress while potentially weathering some challenges. Accomplishing this will require the City to continue managing fiscal resources well. for final review and adoption. Council always has the ability to reshape the budgets as it sees fit throughout the year.

TABLE 1: PROPOSED APPROPRIATIONS
Funds FY 2022-2023 FY 2023-2024
General Fund $5,623,300 $5,794,610
Measure P Fund 1,352,800 1,251,800
American Rescue (ARPA)_ 2,125,127 0
Road Funds 4,775,534 2,507,600
Housing Funds 1,166,500 702,000
Other Sp. Revenues 238,000 248,000
Water Fund 3,748,900 3,279,650
Sewer Fund 2,500,000 2,106,400
Sanitation 1,820,600 1,987,600
Insurance 1,408.000 1,534,000
Total $24,758,761 $19,406,720
CHART 1: FY2022/2023 & FY2023/2024 EXPENDITURE BUDGETS BY FUNCTION Budgeted Expenditures by Function
RECREATION (1.3%)
CDBG REVOLVING LOAN (1.5%) POLICE DEPARTMENT (16.8%)
HUD REHABILITATION GRANT (1.9%)
PARKS (2.2%)
GAS TAX (2.4%)
SB1-MRA (2.8%)
STREET DEPARTMENT (5.1%)
GENERAL COVERNMENT (5.9%) WATER DEPARTMENT (14.2%)
INSURANCE (6.5%)
TRANSPORTATION (6.5%) MEASURE R (11.9%)
SANITATION DEPARTMENT (8.1%)
SEWER DEPARTMENT (9.1%)
As discussed at the May 24, 2022 City Council meeting, staff recommends utilizing conservative estimates on the expenditures and revenues to be able to weather the potential upcoming economic uncertainty.

With the above discussed improvements in mind, the General Fund and Enterprise Funds will be presented with a Capital Improvement Program (CIP). Projects being proposed are based on projected available funding in the next two years due to the rate increases and the debt refunding. Planning for an additional four years beyond this two-year budget is also included based on projected additional funding until 2026/2027. It is anticipated that as improvements are completed and system reliability increased, the frequency of unexpected needs and projects will reduce and begin allowing for a closer adherence to the planned CIP.

Background:

Every two years, the City of Exeter is required to appropriate biennial expenditure budgets which represent the maximum expenditure limits for the fiscal years. A balanced budget means that the total resources available to the City must be sufficient to cover the budgeted expenditures. Over the past several years, the City has reinforced sound budget principals to meet service delivery needs of the Exeter community. The FY2022-2023 and FY2023-2024 Proposed Budgets focus on the City's effort to sustain quality services and maintain financial reserves while addressing the following impacts:

Higher than normal inflation on commodities, services and contracts As staff prepares for FY2022/2023 and FY2023/2024 budgets, the nation is faced with inflationary pressures resulting from pandemic-driven supply chain disruptions and utility increases. Inflation has significantly increased from 1.68% in February 2021 to over 8.5% recorded in May of 2022 for the US City Average CPI Bureau of Labor Statistics, Consumer Price Index for U.S.

While the particulars of the economic conditions for
the next few years are uncertain, particularly with Consumer Price Index (April 2022)
the current inflation being considered, the experts
100%
are certain that the economic impact of COVID-19 CPIAlitems aCRILess Food and Energy

8.0% 8.2%
(as well as its human toll) will prolong. The

5.0% 1 6.1%
pragmatic philosophy and careful budgeting
strategies the City has followed for years continue 40% to "flatten the curve" to avoid budgetary spikes.
20%
Despite inflation and COVID-19 challenges, the City
-20%
continues to move forward in providing essential
services while resuming the recreation services that ... were disrupted during the Covid-19 pandemic.

Sane us arence santo
Continued challenges of the CaPERS UAL increase
In addition to the CaPERS normal employer contribution, the City's contributions to CaPERS UAL (Unfunded Asset Liability) is projected to increase each year. Current year contribution amount is approximately $730,000. It will increase to over 1.1 Mil by FY2029/2030 as demonstrated in the CHART 2: Forecasted Increase in Pension Costs. To cope with these increased costs as well as other costs that will increase with time, the City will need to be mindful to improve operations and lower costs. Additionally, it is anticipated that the recent investment market loss will result in lowering the pension asset valuation which means an increase in the asset liability.

CHART 2: ESTIMATED CALPERS EMPLOYER CONTRIBUTION

ESTIMATEDCALPERS EMPLOYER

CONTRIBUTION
1,200,000
1,000,000
800,000
600,000
400,000
200,000
2020/ 2021/ 2022/ 2023/ 2024/ 2025/ 2026/ 2027/ 2028/ 2029/ 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030

GENERAL FUND OVERVIEW
General Fund Expenditures
The requested general fund expenditures are $5,623,300 and $5,794,610 for FY2022-2023 and FY2023-2024. These represent overall increase of 12% and 7% compared to the prior year budgets. The main drivers of the increases are:

1. Salaries and benefits
The salaries and benefits are estimated to increase by $319,380 (or 10% for FY2022-2023) and $375,310 (or 6% for FY2023-2024) due mainly to the approved cost of living adjustments by 2% and increases in CaPERS and health and liability insurance costs.

2. Contract services
To achieve its fiscal sustainability while being able to provide essential City services, the City outsources numerous services such as IT, legal, animal control, planning, engineering, police dispatch, and fire. Due mainly to the increases in labor, commodities, and services, the contract service costs are anticipated to increase sharply by $185,800 (or 19% for FY2022-2023) and $104,700 (or 9% for FY2023-2024). There could be additional increases in this category depending on the outcome of the five-year Fire contract renewal with the Tulare County Fire Department.

TABLE 2: PROPOSED GENERAL FUND EXPENDITURE BY CATEGORY FOR FY2022-2023 AND FY2023-2024
FY22-23 FY23-24 FY23 VS FY23 FY24
REQUESTED REQUESTED FY22 VS FY24 BUDG BUDG
FUND tr EXPENSE CATEGORY FY22 BUDG BUDGET BUDGET FY23 BUDG BUDG GROWTH GROWTH a104 Contract services 968,000 1,153,800 1,258,500 185,800 104,700 19% 9% Debt services 0% 0%
Dept operating exp 184,385 244,400 254,910 60,015 10,510 33% 4% Fleet expense 152,100 173,200 186,900 21,100 13,700 14% 8% Salaries and benefits 3,274,820 3,594,200 3,816,700 319.380 222,500 10% 6% Utilities 71,660 86,400 92,800 14,740 6,400 21% 7%
Building & ground maintenance 164,838 150,300 169,800 (16,938) 17,500 -9% 13% 104 Total 4,815,803 5,402,300 5,779,610 584,097 375,310 12% 7% 4,815,803 5,402,300 5,779,610 584,097 375,310 12% 7%
8104 Capital project exp 221,000 15,000 221,000 (206,000) 0% -93% 104 Total 221,000 15,000 221,000 (206,000) 0% -93%
221,000 15,000 221,000 (206,000) 0% -93%
4,815,803 5,623,300 5,794,610 805,097 169,310 17% 3%
CHART 2: HISTORIC GENERAL FUND EXPENDITURES BY FUNCTION Budgeted and Historical Expenditures by Function
7 VIRUIS
2 FY2020
• MAYOR AND CITY COUNCIL • FINANCE DEPARTMENT • CITY ADMINISTRATOR • RECREATION • PARKS STREET DEPARTMENT
• GENERAL GOVERNMENT • POLICE DEPARTMENT
Grey background indicates budgeted figures.

General Fund Revenue:

Property taxes, which make up the largest portion (over 42 percent) of the City's General Fund revenues, have continued to fare well even in the face of the pandemic. Property tax collection rates have stood the test of time. While the property tax has been growing at a 3-4% rate steadily, the sales tax revenues have been volatile. It is anticipated that the sales tax revenues may flatten out the growth starting FY2023/2024. The Utility User Tax (the 3rd largest revenue stream) is anticipated to grow at a 5-7% rate annually.

TABLE 3: PROPOSED GENERAL FUND REVENUE BY CATEGORY FOR FY2022-2023 AND FY2023-2024
Sum of Sum of
FY23 FY24
Sum of Sum of PROPOSED PROPOSED
FY21 FY22 REV REV Sum of Sum of FY24 Sum of Sum of
ST/OT - REVENUE CATEGORY - ACTUAL BUDGETED BUDGET BUDGET FY23 INC INC Field3 Field4 9One Time Donations 0% 0%
Grant-Federal 230.811 0% 0%
Grant-State 10,043 7,900 184,900 7,900 177,000 (177,000) 2241% -96% Intra Governmental 264,000 (264,000) -100% 0%
Misc Revenue 4.042 6,700 7,500 8,500 800 1,000 12% 13%
Use of Money and Property 61,532 14,000 68,900 54,200 54,900 (14,700) 392% -21% One Time Total 306,428 292,600 261,300 70,600 (31,300) (190,700 -11% -73% 9 Structural Charges for Services 134,327 159,250 203,500 215,500 44,250 12.000 28% 6% Fines and Penalties 78,187 78,300 88,800 91,800 10,500 3,000 13% 3% Intra Governmental 261,649 300,000 397,000 423,700 97,000 26,700 32% 7% Misc Taxes 473,787 414,694 470,000 500,000 55,306 30.000 13% 6% Permits and Licenses 90,066 75,500 89,700 91,700 14,200 2,000 19% 2% Property Taxes 2,100,361 2,051,800 2,178,000 2,351,650 126,200 173,650 6% 8% Sales Tax 938,100 941,500 1,135,000 1,164,000 193,500 29,000 21% 3% Transient Occupancy Tax 121,420 108,500 120,000 145,660 11,500 25,660 11% 21% Utility User Tax 632,623 583,900 680,000 740,000 96.100 60,000 16% 9% Structural Total 4,830,520 4,713,444 5,362,000 | 5,724,010 648,556 362,0101 14% 7% 5,136,948 5,006,044 5,623,300 5,794,610 617,256 171,310 12% 3% CHART 3: FY2022/2023 PROPOSED GENERAL FUND REVENUE BY SOURCE Projected 2023 Revenues by Source
REC REVENUE (1.3%)
SERVICE FEES (1.3%)
USER FEES (1.4%)
FINES (1.5%)
TOT (2.6%)
GRANT (3.2%) PROPERTY TAX (38.8%)
TRANSFER (7.8%)
OTHER TAX (8.8%)
UUT (11.7%)
SALES TAX (19.7%)

ENTERPRISE FUNDS OVERVIEW
Water Fund:

The increase in expenditure requests for FY2022/2023 by $317,569 (or 18%) and FY2023/2024 by $153,650 (or 7%) is mainly from the salaries and benefits increase including health and liability insurance growth. The higher increase in the 2022/2023 year is primarily a one-time correction due to salary and benefit cost allocation adjustments that were previously made but not included in the 2021/2022 budget. Both major operating and Utilities categories are anticipated to grow significantly; however, the growth is offset by the savings in debt services from the USDA loan refinancing.

TABLE 4: PROPOSED WATER FUND EXPENDITURE BY CATEGORY FOR FY2022-2023 AND FY2023-2024
FY22-23 FY23-24 FY23 VS FY23 FY24
REQUESTED REQUESTED FY22 VS FY24 BUDG BUDG
EXPENSE CATEGORY - FY22 BUDG BUDGET BUDGET FY23 BUDG BUDG GROWTH GROWTH Contract services 143,300 145,600 148,600 2,300 3,000 2% 2% Debt services 454,431 270,500 266,900 (183,931) (3,600) -40% -1% Depreciation 0% 0%
Dept operating exp 25,800 56,000 30,200 7,850 117% 14%
63,850
Fleet expense 25,000 30,000 33,000 5,000 3,000 20% 10%
Fund transfer 0% 0%
Major operating 152,000 245,000 263,000 93,000 18,000 61% 7% Salaries and benefits 765,900 1,040,200 1,140,800 274,300 100,600 36% 10% Utilities 160,500 257,200 282,000 96,700 24,800 60% 10% Building & ground maintenance 7,500 7,500 7,500 0% 0%
1,734,431 2,052,000 2,205,650 17,569 153,65 18% 7%
--- ____ .... -.

Sanitation Fund:

The significant increases ($606,007, or 50% for FY2022/2023 and $167,000, or 9% for FY2023/2024) in the Sanitation Fund is mainly from the contract service increase associated with the AB1383 implementation (Organics Recycle Mandate). This increase will be fully offset by the Prop 218 rate increases. The 453% increase in Sanitation Department increase is also attributed to the SB1383 implementation.

TABLE 5: PROPOSED SANITATION FUND EXPENDITURE BY CATEGORY FOR FY2022- 2023 AND FY2023-2024
FY22-23 FY23-24 FY23 VS FY23 FY24
REQUESTED REQUESTED FY22 VS FY24 BUDG BUDG
JND IT EXPENSE CATEGORY - FY22 BUDG BUDGET BUDGET FY23 BUDG BUDG GROWTH GROWTH - 106 Contract services 971,417 1,411,200 1,554,300 439,783 143,100 45% 10% Depreciation 0% 0%
Dept operating exp 12,800 70,800 71,600 58,000 800 453%! 1% Major operating 124,576 190,000 200,000 65,424 10,000 53% 5% Salaries and benefits 92,800 131,000 142,100 38,200 11,100 41% 8% Utilities 6,400 8,500 9,500 2,100 1,000 33% 12%
Building & ground maintenance 6,600 9,100 10,100 2,500 1,000 38% 11% 'otal 1,214,593 1,820,600 1,987,600 606,007 167,000 50% 9% 1,214,593 1,820,600 1,987,600 606,007 167,000 50% 9%
Sewer Fund:

As with the Water Fund, the Sewer Fund will experience significant increases in salaries and benefits costs during the upcoming two fiscal years. As a result, the overall proposed expenditures for FY2022/2023 reflect an increase of $367,350 (or 34%) and for FY2023/2024, of $91,700 (or 6%). The higher increase in the 2022/2023 year is primarily a one-time correction due to salary and benefit cost allocation adjustments that were previously made but not included in the 2021/2022 budget.

TABLE 6: PROPOSED SEWER FUND EXPENDITURE BY CATEGORY FOR FY2022-2023 AND FY2023-2024
FY22-23 FY23-24 FY23 VS FY23 FY24
REQUESTED REQUESTED FY22 VS FY24 BUDG BUDG
EXPENSE CATEGORY FY22 BUDG BUDGET BUDGET FY23 BUDG BUDG GROWTH GROWTH Contract services 80,700 139,700 154,100 59,000 14,400 73% 10% Debt services 231,050 230,000 230,000 (1,050) - 0% 0%
Depreciation 0% 0%
Dept operating exp 111,400 138,900 143,300 27,500 4,400 25% 3% Fleet expense 21,400 26,000 29,000 4,600 3,000 21% 12%
Salaries and benefits 510,500 725,100 777,300 214,600 52,200 42% 7% Utilities 107,300 170,000 62,700
187,700 17,700 58% 10%
Building & ground maintenance 20,000 20,000 20,000 0% 0% 1,082,350 1,449,700 1,541,400 367,350 91,700 34% 6%
Enterprise Fund Revenues:

Continued increases in the rates (that were approved in 2019) will make it possible for the Enterprise funds to be able to absorb the cost increases and majority of the planned CIPs.

However, achieving the 25% reserve level goal may be slightly delayed due mainly to higher than anticipated cost increases including the CIP and delay in revenue recovery associated with increased delinquency rates during the pandemic.

TABLE 7: PROPOSED ENTERPRISE FUNDS REVENUES BY CATEGORY FOR FY2022- 2023 AND FY2023-2024
F
Sum of Sum of
FY23 FY24

PROPOSED PROPOSED
Sum of FY22 REV REV Sum of Sum of Sum of Sum of E
FUNT REVENUE CATEGORY - BUDGETED BUDGET BUDGET FY23 INC FY24 INC Field3 Field4 9105 Impact Fees 25,000 30,000 30,000 5,000 20% 0%
Intra Governmental 39,750 6,000 39,750 (33,750) 0% -85% Misc Revenue 2,500 3,000 3,000 500 20% 0%
Use of Money and Property 15,000 8,000 8,000 (7,000) -47% 0% User Charges 2,342,132 2,880,631 3,303,936 538,499 423,305 23% 15% 105 Total 2,384,632 2,961,381 3,350,936 576,749 389,555 24% 13% 9106 Intra Governmental 0% 0%
Misc Revenue 10,000 18,000 18,000 8,000 80% 0%
User Charges 1,215,000 2,000,000 2,200,000 85 001 200,000 65% 10% 106 Total 1,205.000 2,018,000 2,218,000 793,000 200,000 65% 10% 9107 Impact Fees 11,000 3,000 3,000
(8,000) - -73% 0%
Intra Governmental 6,000 6,000 6,000
- 0% 0%
Misc Revenue 500 (500) - -100%
0%
Use of Money and Property 1,000 2,000 2,000 1,000 - 100% 0% User Charges 1,668,227 1,850,000 2,164,500 181,773 314,500 11% 17% 107 Total 1,680.727 1,861,000 2,175,500 180,273 314,500 11% 17% Investing in City's infrastructure:

The significant part of the budget development involved planning for the Capital Improvement Projects for the next five years (FY2022-2023 through FY2026-2027). Specifically, the past delays in capital improvement projects in Water and Sewer programs had resulted in a few emergency repairs and upgrades throughout the year. Notably, the Water production rate during year 2021 has increased substantially (by 30%) due in part to water line leaks.

The Draft FY2022-2023 and FY2023-2024 Budget Book lists a total of 48 CIP projects with descriptions, budget amounts, and funding sources for each project. Total CIP requested for FY2022-2023 is $9,935,611 and the funding breakdown is found in Chart 4 below:

CHART 4: REQUESTED FY2022/2023 CAPITAL IMPROVEMENT PLAN BY FUNDING

SOURCES
Funding Source By All Years
Measure P Fund (141) (9%) $855,450.00
Gas Tax Fund (109) (2%) $227,800.00
Water Fund (105) (12%) $1,146,900.00
• Sewer Fund (107) (11%) $1,050,300.00
Water Impact Fund (105 R) (6%) $550,000.00
• American Rescue Plan Act Fund
$2,125,127.00
• e2s3 Fund (131) (23%) $2,175,000.00
• Transportation Fund (113) (7%) $656,000.00
Road Maintenance and Rehab $678,034.00
General l $193,048.00
-und (104) (2%
COPS Grant Fund (137) (1%) $100,000.00
• Per Capita Park Grant (104) (2%) $177,952.00
TOTAL $9,935,611.00
Once many one-time CIP projects such as American Rescue Plan projects, Per Capita park improvements, and Measure R-Regional projects are completed, the CIP request list goes down to 30 remaining during FY2023-2024. The total for the 30 project is $3,807,000 and the funding breakdown is shown on Chart 5 below:

CHART 5: REQUESTED FY2023/2024 CAPITAL IMPROVEMENT PLAN BY FUNDING

SOURCES
Funding Source By All Years
Measure P Fund (141) (18%) $700,000.00
Water Fund (105) (28%) $1,074,000.00
Gas Tax Fund (109) (3%) $97,000.00
Sewer Fund (107) (15%) $565,000.00
Transportation Fund (113) (19%) $731,000.00
Measure R Fund (131) (7%) $250,000.00
Road Maintenance and Rehab
$275,000.00
A 05 0 10 07/0 137) (3%) $100,000.00
General Fund (104) (0%) $15,000.00
TOTAL $3,807,000.00
The grand total for all five years is $25,386,611 and the breakdown of the funding is found in Chart 7 below:

CHART 7: REQUESTED FY2022/2023 THROUGH FY2026/2027 CAPITAL IMPROVEMENT PLAN BY DEPARTMENTS:

Funding Source By All Years
Measure P Fund (141) (14%) $3,655,450.00
Gas Tax Fund (109) (2%) $615,800.00
Water Fund (105) (23%) $5,860,400.00
Sewer Fund (107) (13%) $3,335,800.00
Water Impact Fund (105 R) (2%) $550,000.00
American Rescue Plan Act Fund $2,125,127.00
MeR Fund (131) (12%) $3,100,000.00
Transportation Fund (113) (14%) $3,505,000.00
Road Maintenance and Rehab $1,708,034.00
eneral Fun $253,048.00
COPS Grant Fund (137) (2%) $500,000.00
• Per Capita Park Grant (104) (1%) $177,952.00
TOTAL $25,386,611.00
Council Requests: Council requested items have been included in the budget such as financial support of this summer's Concerts In The Park series ($5,000, including insurance), the Downtown Christmas lights ($3,500), Tulare County Economic Development Corporation ($2,500) and the Chamber of Commerce ($4,000). The Council has also mentioned working on grants for items like the Downtown streetlights and Park Master Plan development, which staff will continue to work on. The City has recently received grants to update the Storm Water Master Plan ($65,000), the Sewer Master Plan ($112,000) and the Improvement Standards ($75,000).

Fiscal Impact: This is a discussion in preparation for a balanced budget adoption on June 28, 2022. The balanced budget is one of the major Financial Policies that the City utilizes to guide its sound administration throughout the years.

Prior Council/Board Actions: March 22, 2022: City Council was presented with a 2021/2022 nid-year budget update May 24, 2022: City Council was presented with a preliminary -Y2022/2023 and FY2023/2024 budget report and provided feedback to incorporate into the budget preparation.

Attachments: None
Recommended motion to be made by Council/Board: I move to to provide direction as discussed to staff for finalization and adoption of FY2022/2023 and FY2023/2024 budget and FY2022/2023 through FY2026/2027 Capital Improvement Plan on June 28, 2022.

Exeter City CouncilJune 14, 2022

Exeter City Council
June 14, 2022