AVENU FINANCIAL SYSTEM CITY OF EXETER
7/05/2022 8:22:42 Payments for Publication GL335R-V08.17 PAGE Approved 6/23/2022 for Payments Through 6/23/2022
Vendor Name Description Amount
BOYER/ AMANDA WK OF 6/6/22- WATER REIM 37.98
BRENDA ANN RICHMOND OLEANDER TOPPING/SHRED 2,020.00
CISNEROS/ JOE NK OF 6/13/22 WTR REIMB 11.98
LA CRUZ/ MARGARITA 6/20/22 WTR REIMB 41.93
FIERRO/ RICHARD 6/13/22 WTR REIMB 14.28
OLKNER/ LAR: 6/13/22 WTR REIMB 15.98
OBINSON/ JESSIC 6/20/22 WTR REIMB 10.52
SHERRELL/ ESTHER 6/13/22 WTR REIMB 13.28
THANH THAO GEORGE 6/13/22 WTR REIMB 20.00
** Final Totals... 2,185.95
AV/05/202218:25: STEM CITY OF EXETER
7/05/2022 Payments for Publication GL335R-V08.17 PAGE
Approved on 6/30/2022 for Payments Through 6/30/2022
Vendor Name Description Amount
ARYANIST HEALTH TULARE 961.00
2022 AFLAC PR 5,513.52
MEET BUST SACHINES CH-ME746CDW 15.35
BANC OF AMER LEASIN 46, 351. 61
BASIC 30.00
BEN-E-LECT INC. MEDICAL JULY ADMIN 715.00
BLUE SHIELD OF CALIFORNIA 30,545.09
BUZZ KILL PEST CONTROL 1,383.00
C.L.E.A. JULY 2022 LT DISABILITY 81.00
CALIFORNIA BUSINESS MACHINES 177.15
CALIFORNIA INDUSTRIAL RUBBER FM 25F25T 2 2/1" ENST 69.95 CHARTER COMMUNICATIONS 177.26
DEPT OF JUSTICE 521.00
DEPT OF TRANSPORTATION JAN22-MARCH2022 SIGNALS 428.66
DOOLEY ENTERPRISES, INC. 11,099.04
EMPIRE INSIGNIAS 985.00
EWING IRRIGATION PRODUCTS INC 570Z-4P-RP TORO POP-UP 485.83 EXETER PLUMBING CO. 227.91
FASTENAL COMPANY 342.45
FERGUSON ENTERPRISES INC 1 T10 MTR ECDR BRZ CF 4,300.50 FOOTHILLS SUN-GAZETTE 2,825.80
FRONTIER CALIFORNIA INC. 5139 06/16 - 07/15 508.71
FUSION CLOUD SERVICES LIC 0966/3346-6/18-7/17/22 274.83 GARVER/ ELI 140.40
GOLDSTROM/ NORM MILEAGE EXPENSE 125.44
GOVERNMENT REVENUE SOLUTIONS 3,574.07
KAWEAH LIFT INC FORK LIET REPAIRS 6,398.76
LAUTZENHISER'S STATIONERY 498.03
LEAF CAPITAL FUNDING LLC 353.97
LEILA HIKEY 20.00
LISA JOYCE WILLIAMS EXPEDITED PRE EMPLOY BG 950.00
LUIS' NURSERY LIL BUNNY GRASS 76.50
MOONLIGHT MAINTENANCE 1,871.75
MORRIS LEVIN & SON 157.87
OFFICE DEPOT 8.75 125 23.28
ONEAL/ SHONNA TRAVEL REIMBURSMENT 111.15
PACE SUPPLY CORP. RUBBER METER GASKET 5,274.90
PRINCIPAL LIFE INSURANCE CO. 4,617.48
PROFORCE COMMANDO 5.56 SBR 5,555.25
QUAD KNOPE ENGINEERING 220130 SNITARY SEWER 31,878.62
SCORE AMERICAN SOCCER, INC. SOCCER UNIFORMS 5,875.66
SELF-HELP ENTERPRISES CDBG CV2BA MAY 1,660.94
SILVER & WRIGHT LIP MAY 333 PALM ST 3,559.18
SIMMONS TIRE SERVICE TIRE REPAIR 20.00
SOUTHERN CALIFORNIA EDISON 3948-05/20-06/20/22 4,460.52 STANDARD INSURANCE CO. JULY 2022 LIFE INSURANCE 2,476. 75 TOWN & COUNTRY CAR WASH WAX SERVICE 59.99
TRANSUNION RISK & ALTERNATIVE INVEST PERSON SEARCH 75.00
AVENU FINANCIAL SYSTEM CITY OF EXETER
7/05/2022 8:25:49 Payments for Publication GL335R-V08.17 PAGE Approved on 6/30/2022 for Payments Through 6/30/2022
Vendor Name Description Amount
TULARE COUNTY 5/22 MAIL 3,548.12
USA BLUEBOOK 32.4 GPD 100 PSI FLEXELO 1,174.70
VALLEY GREEN LANDSCAPE MAY CITY PARK 8,258.00
VALLEY UNIFORM CENTER ALTERATIONS/UNIFORMS 1,978.67
VOLLMER EXCAVATION, L. P. TRANSFER LOAD 1,008.54
4 CREEKS, INC 20285- VISALIA RD 1,303.07
** Final Totals...
205,106.27
YROLI 14.29.25 PAGE
HECK FORM. CHEK CHECK REGISTE RUN 06/22120:22 Paymate
CRIOD 2 DATING 6/06/2022- 6/19/2022 CHECK DA 6/24/2022
RECT DEPOSIT IS TURNED (
CHECK CHECK AMOUK NMOXEE/BANK/VENDOR CHECK
NUMBER CODE SEQ
1225 63.69 CA STATE DISBURSEMENT UN 2 1 VENDOR CHECK
1226 461.06 TULARE COUNTY SHERIFE 1 VENDOR CHECK
1227 502.92 : ROMERO/JOSE 428
1228 273.19 JOHNS/KEVIN 714 1
COUNTS
776.11 EMPLOYEE CHECK
524.75 VENDOR CHECK
.. U *BANK CHECKS
1,300.8 **TOTAL NEGOTIABLE CHECKS
OTHER CHECKS
0:00 *MANUAL CHECKS
*CANCELLED CHECK:
1,300.86 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
0:00 *DIRECT DEPOSIT STUBS
*VENDOR DIR DEP STUBS
HECK UN-31/2-12022 14.29.2 Paymate
TRECE DEPOSIN IS TURNED 3- 6/06/2022- 6/19/2022 CHECK DATE 6/24/2022
CHECH ANDUNT NABEOYEE/BANS/VENDOR CHECK
VUMBEE CODE SEQ
50232 136.50 CLOCEA VENDOR STUB ONL'
50233 627.00 CXETER POLICE OFFICER AS $ VENDOR STUB ONL 50234 172.59 EXETER POLICE OFFICER AS 3A 1 VENDOR STUB ONLY 50235 4,593.74 ENNIS/ADAM 206
50236 2,813.28 ONEAL/SHONNA N 203
50237 2,076.85 ROBELLO/HILARY 709
50238 1,295.52 CARTER/AMY JO 502
50239 1,664.37 CORREA/BIANCA 630
50240 1,294.61 GARVER/ELIJAH 712
50241 931.67 LARSON/MERRI 713 HdddrArddeedar
50242 3,165.47 PARK MOORE/YUN GYUNG 703
50243 649.66 SANCHEZ/CESILIA 307
50244 2'493.83 SANTOYO/AIDE G 710
50245 ,653.85 FRANCO/EEKHONG 304
50246 1,588.91 PHILLIPS/ZACHARY 705
50247 1,411.15 CARRETERO/VANESSA 402
50248 2,638.55 CORREA/GABRIEL JR 436
50249 2,119.07 CULLUM/TRENT 444
50250 3,739.95 DURKEE/MARK 404
50251 2,587.85 ECHEVARRIA/TYLER J 443
50252 3,373.04 HALL/JOHN T
50253 2,096.64 HAMPTON/JUSTIN 446
2,387.98 BELLCELECCECEC C CEC CECECEC BECEREE
50254 HAYES/CURTIS W 437
50255 2,472.40 INGLEHART/BRETT A 411
50256 1,040.56 LUJAN/ JOSHUA 715
50257 1,409.90 MARX/ CHRIS 706
50258 2,425.38 PHELPS/KEVIN M 429
50259 558.76 SHIELDS/ZION 08
50260 1,461.28 VILLARREAL/ISIDRO 07
50261 2,473.24 YARBER/ISABEL 422
50262 940.94 ALDRIDGE/GARY 618
50263 1,408.66 ARROYO/MARIE 62
50264 1,608.95 BRASSFIELD/TRAVIS 619
50265 1,675.43 ESPINOLA/DANIEL M 602
50266 458.81 GOLDSTROM/NORMAN 629
50267 1,580.50 HUGGINS/KYLE AARON 621 HAdAddddddaNddaaaad 50268 2,928.08 QUALLS/DAYMON 607
50269 98.55 QUALLS/DAYMON 607
50270 1,266.44 RAMIREZ/ JUAN 608
50271 293.00 WENDT/EDDIE 626
50272 898.82 MILLAN/MARCUS 622 ONLY
50273 1,368.70 MILLER/JAMES 624 UB ONLY
50274 942.51 MIRWALD/PHILIP 625 STUB ONLY
50275 ,228.7. QUIROZ/PATRICK P 512 STUB ONLY
50276 ,284.3 PRIDEAUX/TRACI 448 STUB ONLY
City of Exeter
Agenda Item Transmittal
Meeting Date: July 12, 2022
For action by:
Agenda Item Number: E3 X_ City Council
Wording for Agenda: Adopt Resolution 2022-26 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the Regular Session:
City of Exeter through August 11, 2022 Pursuant to Brown Act X Consent Calendar Provisions (AB 361) due to continued State Declaration of Regular Item -
Emergency. _Public Hearing
Review:
Submitting Department: Administration
Contact Name: Adam Ennis/Shonna Oneal City Administrator Phone Number: (559) 592-4539 or (559) 592-9244 (Initials Required) Email: [email protected] or [email protected] Department Recommendation:
Staff recommends that the City Council consider and adopt Resolution 2022-26 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through August 11, 2022 Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.
Summary:
On June 14, 2022, the City Council adopted Resolution 2022-21 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 July 14, 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, isued nara 24, 220r remain in place tuna c i Have to sie me city. conterence chambers could be a potential imminent risk to health and safety measures because State and local agencies continue to recommend social distancing as one of the measures to reduce the spread of COVID-19 and heavy attendance could limit the ability to maintain social distance.
Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following:
1) Either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social distancing; and 2) Not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists:
a. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
b. State or local offices continue to impose or recommend measures to promote social distancing.
If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows:
1) Each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option;
2) Teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
3) Public comments cannot be required to be submitted in advance of the meeting (though this may remain an option);
4) The public must be able to attend the meeting via call-in option or internet-based service option;
5) The public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; 6) If there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency's control that prevents members of the public from offering public comments using the call-in option or internet- based service option, the legislative body shall take no further action on items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and 7) Where, as in Exeter, the legislative body does not provide a timed public comment period but takes public comment separately on each agenda item, it shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Government Code Section 54953(e)(2).
In light of AB 361, the continuing State COVID-19 emergency, the continuing recommendations by the State and local officials of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with large attendance, staff recommends that Council adopt the proposed resolution making the findings required to continue AB 361. In addition, continuing to follow social distancing guidelines will assist in minimizing the potential for outbreaks in the organization and subsequent scrutiny and actions taken by Cal OSHA based on their current requirements.
Doing so will allow City Council and its legislative bodies meetings to continue to occur by teleconference, but allow for in-person attendance as well, without compliance with the teleconferencing requirements set out in Government Code Section 54953(b)(3) that would otherwise apply. The procedures currently set up for City Council meetings, which provide for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361.
Continued reliance on AB 361 will require the Council to adopt a new resolution making required findings every 30 days.
Fiscal Impact: None.
Prior Council/Board Actions: On March 24, 2020 the Council adopted Resolution 2020-12 proclaiming the existence of a local emergency due to the novel coronavirus (COVID-19).
On May 19, July 14, September 8, November 2 and December 8, 2020, and January 26, March 23, May 11, June 22, August 10, September 28, November 9, December 14, 2021, February 10 and March 8, 2022, Council approved to continue the state of emergency established by Resolution 2020-12 due to the Novel Coronavirus (COVID-19) for an additional 60 days. On September 28, October 26, November 18, December 14, 2021, January 11, February 10, March 8, April 26, May 24 and June 14, 2022, the Council adopted Resolutions 2021-21, 2021-24, 2021-29, 2021-31, 2022-02, 2022-03, 2022-05, 2022-09, 2022-17 and 2022-21 authorizing remote teleconferencing meetings pursuant to AB361.
Attachments: 1.) Resolution 2022-26 Re-Authorizing Remote Teleconference Meetings of all Legisiative Bodies of the City of Exeter through August 11, 2022, Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.
Recommended motion to be made by Council/Board: I move to adopt Resolution 2022-26 as presented.
RESOLUTION 2022-26
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 AUGUST 11, 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, Resolution 2022-17 on May 24, 2022 and Resolution 2022-21 on June 14, 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 2022-26
AB 361 Emergency Teleconferencing
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 legisiative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Exeter as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and,
SECTION 2. Ratification of Governor's Proclamation of a State of Emergency. The City hereby accepts and acknowledges the Governor of the State of California's Proclamation of March 2, 2020 and finds the City's conference chambers limited capacity could present imminent risk to health and safety of attendees if there is heavy attendance in the chambers; and, SECTION 3. Remote Teleconference Meetings. The City Administrator and legislative bodies of the City of Exeter are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 4. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective through August 11, 2022 Passed, approved, and adopted this 12t day of July 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor ATTEST:
City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: July 12, 2022
For action by:
Agenda Item Number: E4 X City Council
Wording for Agenda: Approve a Request of Special Event with Facility Use of Mixture Park and Street Closures of Pine St between Regular Session:
D ST and F ST for National Night Out hosted by Exeter Police X Consent Calendar Department, beginning at 1:00 pm August 2, 2022, and ending at _Regular earr 9:00pm. Subject to the conditions presented by staff. _ Public Hearing 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 Mixture Park and a street closure of Pine ST between D ST and FST for National Night Out Community Event.
Summary/Background:
National Night Out enhances the relationship between neighbors and local law enforcement while building a sense of community. Planned family style activities include a live band at Mixture Park, interactive games, food, and the opportunity to build a positive culture to live in.
This event is free for the public to attend. There will be plenty of give aways however, with no items being sold, a Health Department sellers permit, or City of Exeter Business license will not be required of vendors. Exeter Police Department and City Public Works Department will be esponsible for posting all road closure notices and placing and removing barricades cordingly. All businesses effected by the street closure have been notified and had n objections. Mid Valley will provide additional trash carts and the bathrooms behind city hall will be in opened for public use. Exeter Police Department and community volunteers will provide all set up and clean up,
Event Time: 6:00pm-8:30 pm.
Fiscal Impact: None to the City.
Prior Council/Board Actions: 2021 Event
Attachments: Request of Special Event Facility Application, Street Closure Application and approved Amplified Sound Permit
Recommended motion to be made by Council/Board: I move to approve the special event including the use of Mixture Park and the Street closure of Pine St between D St and F St, for National Night Out Tuesday August 2, 2022, between the hours of 1:00 pm and 9:00 pm subject to the conditions presented by staff.
EXETER
theosortse
FACILITY USE APPLICATION
Application Date: D4-17122
Facility Requested: Maxese frie Datels) Needed: 08-02-22 Reason for Use: NATIONAL NIGHT DUT EVENT
Equipment Needed: Ror Liosure SignEr BaseRICADES
Set uptime: /:DD Ps - Departure time: 9:DD PM.
Event start time:_ Lo: DD FS Event end time: 9:00 pm.
Name of
Organization: _ EXETER POLEE REPARTMENT.
Address: 1DD N "'C"ST
city: Exerek _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.
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.
City of Exeter Street Closure Application
350 W. Firebaugh - PO Box 237, Exeter, CA 93221
Ph. #559-592-3318 Fax. # 559-592-3516
EXETER
PROTECTING, PRESERVING,
AND PROMOTING
SATE TOWN AMERICA
Date of Event: D8-22-22
Name of group requesting street closure: ExETER FAuCE DEPT.
Name of contact person: SAT. M. HURKEE Phone: 592-3103
Mailing address: /DO N. "f"ST. Email: mduckee @exeterpd.com Alternate Contact Person: LT. INGLE/RT Phone 552-3123
Mailing Address: /DO N. "f' ST _Phone: 592- 3103
Type of event: NATIONAL NiCOSTT DUT.
Time of closure: until 4:DDsg.
Details of streets/parking lots/public right of way requesting to be closed: (provide map or additional pages if necessary)
1+2D0 BLOCKS OF E PINE ST BETWEEN
FRONT PiNE
MI have been provided a copy of the City of Exeter Street Closure Policy and understand the provisions.
MBI 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.
N/A 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: Ipads Falous 4/17/22
Office use: ****************************************************************************** Fee paid
Public Works Director Chief of Police
Council Approval:
City of Exeter
100 North C Street
Exeter, CA 93221
Ph.#559-592-3103 Fax# 559-592-3346
EXETER
Title 5, Chapter 5.48 -
Sound-Amplifying Systems, Meetings, Assemblies, Parades & Processions sound amplifying equipment, within the City of Exeter. This application must be filed within ter Application for assemblies and parades on public streets, sidewalks and parks, also the use o! (10) days nor more than sixty (60) days prior to the date of the assembly, parade or meeting this permit is issued. A copy of this permit must be at the operating premises of the amplifying equipment for which Name of Applicant SeT, M. SUReEE PhoneNo 592-3103
Name Onizion EXETTER PONCE BET. Phone No. 532-3103
Type of Event NATIONEtE NiGI Location of Event Puce ST-BETTEN FOS DUT
Date of Event D 8-DE-Estart Time 1800 _ End Time 2/00
Type of equipment to be used LIVE PARMA FOR EVENT
Additional Information_ LULATION- FOUNTAIN PACK
1, MARK EVreKE HEREBY AGREE TO ABIDE BY ALL PROVISIONS
SET FORTH IN CITY ORDINANCE 5.48 AND ALL OTHER APPLICABLE ORDINANCES
OF THE CITY OF EXETER
7/3/22
Applicant Siguature Date
[ ] Permit Denied
Chiotof Police
City of Exeter
Agenda Item Transmittal
Meeting Date: July 12, 2022 For action by:
X City Council
Agenda Item Number: F1
Regular Session:
Consent Calendar
X Regular Item
on various roadways within the City and superseding all previous _ Public Hearing resolutions.
Review:
Submitting Department: Public Works
Contact Name: Daymon Qualls, Public Works Director City Administrator Phone Number: (559) 592-3318
Email: [email protected] (Initials Required)
cabs
Department Recommendation:
Staff recommends that Council adopt Resolution 2022-27 approving the 2022 City of Exeter Speed Zone Survey conducted by the City's contract City Engineer firm - QK confirming enforceable speed limits on various roadways within the City and superseding all previous resolutions.
Summary/Background:
The California Vehicle Code (CVC) requires that all speed limits in excess of 25 miles per hour be established on the basis of an engineering and traffic survey, conducted in accordance with procedures adopted by the State Department of Transportation (Caltrans) if they are to be enforceable by the use of radar. These special speed zone surveys are required to be updated every seven (7) years to continue the use of radar enforcement.
In general, the speed limit of the roadway is set at the nearest five (5) mile per hour interval where eighty-five percent of the vehicles travel at or below the speed, known as the 85th percentile or critical speed. Based on the engineering survey the speed limit can be adjusted downward depending on the physical characteristics of the road, such as abrupt changes in horizontal and/or vertical alignment and pavement width, so as to enhance its safety. In order for speeding violations to be enforceable in court the City must have current speed zone certifications on file at the courthouse.
Data Collection and Analysis
Field data was collected for the twenty (20) locations shown below between Thursday, May 26, 2022, and Tuesday, May 31, 2022. Data for each zone was collected using a radar traffic speed meter.
List of Locations
1. Firebaugh Avenue between Belmont Road and State Route 65
2. Firebaugh Avenue between State Route 65 and the railroad tracks east of State Route 65 (east City limits)
Filbert Road between Glaze Avenue and Firebaugh Avenue
4. Vine Street between Elberta Road and Belmont Road
5. Visalia Road between the west City limit and 1,370 feet east of the west City limit
6. Visalia Road between 1,370 feet east of the west City limit and Orange Avenue
7. Visalia Road between Orange Avenue and Palm Street
8. Chestnut Street between Belmont Road and Albert Avenue
9. Chestnut Street between Orange Avenue and Kaweah Avenue (State Route 65)
10. Chestnut Street between Kaweah Avenue (State Route 65) and 1st Street
11. Elberta Road between Visalia Road and Vine Street
12. Belmont Road between Glaze Avenue and Firebaugh Avenue
13. Belmont Road between Firebaugh Avenue and Visalia Road
14. Belmont Road between Visalia Road and the railroad tracks north of Meadow Avenue (north City limit)
15. Sequoia Drive between Kaweah Avenue (State Route 65) and Valencia Drive
16. Palm Street between Orange Avenue and G Street
17. Palm Street between G Street and Kaweah Avenue (State Route 65)
18. F Street between Palm Street and the curve north of Willow Street
19. F Street/Filbert Road between the curve north of Willow Street and the north City limit
20. Industrial Drive between Firebaugh Avenue and Glaze Avenue Based on the speed data collected and a review of the collision history, the recommended speed limit for all twenty (20) segments are shown in Table 1= Recommended Speed Limits below:
Table 1 - Recommended Speed Limits
Direction Current Speed Average Speed 10 MPH Speed Critical 85h% Recommended Limit (MPH) (MPH) (MPH) Speed (MPH) Speed Limit
Firebaugh Avenue
Belmont Road/SR 65 (School Zone)
All 30 31 T 25-34 1 36 30
Firebaugh Avenue
SR 65/Railroad tracks east of SR 65
All 30 131 T 28-37 36 35
Filbert Road
Glaze Avenue/Firebaugh Avenue
All 30 28 22-31 133 30
Vine Street
Elberta Road/Belmont Road
All TN/A 1 25 121-30 130 130
Visalia Road
West City limits/1,370 feet east of the west City limits All 45 49 44-53 | 57 50
Visalia Road
1,370 feet east of the west City limits and Orange Avenue All 40 36 T 29-38 | 41 40
Direction Current Speed Average Speed | 10 MPH Speed Critical 85th% Recommended Limit (MPH) (MPH) (MPH) Speed (MPH) Speed Limit
Visalia Road
Orange Avenue/Palm Street
All 30 T30 ] 25-34 T 35 T 35
Chestnut Street
Belmont Road/Albert Avenue
All N/A 25 19-28 T30 T 30
Chestnut Street
Orange Avenue/Kaweah Avenue (School Zone)
All 25 / 26 | 21-30 T30 25
Chestnut Street
Kaweah Avenue/1st Street
All N/A T20-29 T32 30
Elberta Road
Visalia Road/Vine Street
All N/A 30 T26-35 T 35 | 35
Belmont Road
Glaze Avenue/Firebaugh Avenue
AlI 45 44 | 38-47 T49 T 45
Belmont Road
Firebaugh Avenue/Visalia Road
AlI / 40 35 ] 30-39 - 41 40
Belmont Road
Visalia Road and the railroad tracks north of Meadow Avenue (north City limits) 129-38 T37 T35
Sequoia Drive
Kaweah Avenue/Valencia Drive
All N/A 24 118-27 31 T 30
Palm Street
Orange Avenue/G Street
All 25 27 124-33 T32 T30
Palm Street
G Street/Kaweah Avenue
All /30 31 127-36 T35 T35
F Street
Palm Street/curve north of Willow Street
| 30 31 127-36 T36 T 35
F Street/Filbert Road
Curve north of Willow Street/northern City limits
All 35 40 37-46 45 T 40
Industrial Drive
Firebaugh Avenue/Glaze Avenue
All N/A 33 T34-43 T 43 40
As shown in the above table, the existing speed limits are recommended to be retained for several of the locations studied. The recommend speed limit changes include the following eight (8) locations:
ncrease the speed limit on Firebaugh Avenue between Kaweah Ave. (SR 65) and the railroa racks east of Kaweah Ave. (SR 65) from 30 miles per hour to 35 miles per hou Increase the speed limit on Visalia Road between the west City limits and 1,370 feet east of the west City limits from 45 miles per hour to 50 miles per hour.
Increase the speed limit on Visalia Road between Orange and Palm from 30 miles per hour to 35 miles per hour.
ncrease the speed limit on Belmont Road between Visalia Road and the railroad tracks north of Meadow Avenue (north City limits) from 30 miles per hour to 35 miles per hour Increase the speed limit on Palm Ave. between Orange and G Street from 25 miles per hour to 30 miles per hour.
Increase the speed limit on Palm Ave. between G Street and Kaweah Ave (SR 65) from 30 miles per hour to 35 miles per hour.
Increase the speed limit on F Street between Palm Ave. and the curve north of Willow Street from 30 miles per hour to 35 miles per hour.
Increase the speed limit on F Street/Filbert Road between the curve north of Willow Street to the northern City limits from 35 miles per hour to 40 miles per hour.
Fiscal Impact: The cost associated with replacing the affected signs will be absorbed in the publics works operations budget.
Prior Council/Board Actions: Staff was unable to locate any prior Council actions pertaining to Speed Zone Surveys.
Attachments:
1. Resolution 2022-27
2. 2022 Exeter Speed Zone Survey
Environmental Clearance: Not applicable for this project.
Recommended motion to be made by Council/Board: I move to adopt Resolution 2022-27 as presented.
RESOLUTION 2022-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER, CALIFORNIA APPROVING THE 2022 CITY OF EXETER SPEED ZONE SURVEY CONDUCTED BY
THE CITY'S CONTRACT CITY ENGINEER FIRM - QK CONFIRMING
ENFORECABLE SPEED LIMITS ON VARIOUS ROADWAYS WITHIN THE CITY AND
SUPERSEDING ALL PREVIOUS RESOLUTIONS
WHEREAS, in May of 2022 the City of Exeter's contract City Engineer firm - QK facilitated an engineering and traffic survey conducted for the purposes of establishing prima facie speed limits on specific City streets; and
WHEREAS, the following listed streets and speed limits were recommended by the City Engineer:
Street Limits Speed Limit (mph)
Firebaugh Avenue Belmont Road/SR 65 (School Zone) 30
Firebaugh Avenue SR 65/Railroad tracks east of SR 65
Filbert Road Glaze Avenue/Firebaugh Avenue 30
Vine Street Elberta Road/Belmont Road 30
Visalia Road West City limits/1,370 feet east of the west City 50 limits
Visalia Road 1,370 feet east of the west City limits and Orange 40 Avenue
Visalia Road Orange Avenue/Palm Avenue 35
Chestnut Street Belmont Road/Albert Avenue 30
Chestnut Street Orange Avenue/Kaweah Avenue 25
Chestnut Street Kaweah Avenue/1st Street 30
Elberta Road Visalia Road/Vine Street 35
Belmont Road Glaze Avenue/Firebaugh 45
Belmont Road Firebaugh/Visalia Road 40
Belmont Road Visalia Road and the railroad tracks north of 35 Meadow Avenue (north City limits)
Sequoia Drive Kaweah Avenue/Valencia Drive 30
Palm Avenue Orange Avenue/G Street 30
Palm Avenue G Street/Kaweah Avenue 35
F Street Palm Avenue/curve north of Willow Street 35
F Street/Filbert Road Curve north of Willow Street/northern City limits 40 Industrial Drive Firebaugh/Glaze Avenue 40
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Exeter, State of California, that the aforementioned is hereby passed, approved, and adopted this 12'" day of July 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor ATTEST:
City Clerk
QK
MEMO
Date: June 22, 2022 Project No.: 220082
To: Mr. Damon Qualls, Public Works Director
From: Spencer Supinger, PE, ENV SP
Subject: 2022 City of Exeter Speed Zone Study
CC: Kevin Gross, PE
This memorandum outlines the engineering and traffic survey conducted at various locations throughout the City of Exeter, California, to recommend appropriate speed zones or the studied roadways. Each location was divided into both directions of travel to ensure the street segments having unique characteristics were individually surveyed. This analysis and recommendations for speed zones followed the California Vehicle Code (CVC) requirements and the California Manual on Uniform Traffic Control Devices (CA MUTCD).
Background
Chapter 7 of Division 11 of the CVC deals with speed laws. Per CVC Section 22357, whenever a local authority determines ".. upon the basis of an engineering and traffic survey, that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe... (it) ….. may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, 60 miles per hour, or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe."
Data Collection and Analysis
Metro Traffic Data collected field data for the (20) locations shown below between Thursday, May 26, 2022, and Tuesday, May 31, 2022. Data for each zone was collected using a radar traffic speed meter. Data collected was recorded on the Vehicle Speed Survey Sheets that are attached. Each radar speed check was made by consultant personnel from an inconspicuously parked, unmarked vehicle. An effort was made to ensure that the vehicle's presence in no way affected the speed of the surveyed traffic.
List of Locations
1. Firebaugh Avenue between Belmont Road and State Route 65
2. Firebaugh Avenue between State Route 65 and the railroad tracks east of State Route 65 (east City limits)
3. Filbert Road between Glaze Avenue and Firebaugh Avenue
4. Vine Street between Elberta Road and Belmont Road
5. Visalia Road between the west City limit and 1,370 feet east of the west City limit
6. Visalia Road between 1,370 feet east of the west City limit and Orange Avenue
7. Visalia Road between Orange Avenue and Palm Street
8. Chestnut Street between Belmont Road and Albert Avenue 901 E. Main Street • Visalia, California 93292 • Tel (559) 733-0440 • Fax (559) 733-7821 www.qkinc.com
QI
MEMO PAGE 2 OF 5
9. Chestnut Street between Orange Avenue and Kaweah Avenue (State Route 65)
10. Chestnut Street between Kaweah Avenue (State Route 65) and 1 st Street
11. Elberta Road between Visalia Road and Vine Street
12. Belmont Road between Glaze Avenue and Firebaugh Avenue
13. Belmont Road between Firebaugh Avenue and Visalia Road
14. Belmont Road between Visalia Road and the railroad tracks north of Meadow Avenue (north City limit)
15. Sequoia Drive between Kaweah Avenue (State Route 65) and Valencia Drive
16. Palm Street between Orange Avenue and G Street
17. Palm Street between G Street and Kaweah Avenue (State Route 65)
18. F Street between Palm Street and the curve north of Willow Street
19. F Street/Filbert Road between the curve north of Willow Street and the north City limit
20. Industrial Drive between Firebaugh Avenue and Glaze Avenue The data includes the location of the speed survey, date and time, direction of traffic observed ("Band" means both directions), number of lanes, paved roadway width, posted speed limit, weather, and whether the segment is in a business district, residential district, or school zone.
The matrix in the middle of the form shows an "X"' each time a vehicle was recorded at the corresponding speed. These vehicles are totaled in the first column at the right of the matrix.
The cumulative total is tallied in the second column, and the cumulative percentage is calculated in the third column.
The lower body of the form consists of a summary table of various calculated parameters. An explanation of the data and terms follows:
• The assumed speed limit without an approved speed zone is given based on the segment lying within a business district, residential district, or school zone. • The average speed is the total of all the vehicle speeds divided by the number of vehicles in the sample.
• The 10 MPH pace speed is the 10 miles per hour increment of observed speeds, which contains the greatest number of vehicles. In nearly all cases, the 85th-percentile speed and the recommended speed limit lie somewhere within the pace, frequently in the middle to upper ranges. This is an important indicator used to determine appropriate speed limits.
The number of vehicles within the pace is an indication of the bunching of vehicular speeds. Ideally, if all vehicles were traveling at or about the same speed, there would be a reduced likelihood of traffic collisions. In speed limit analysis, the higher the number (percentage) of vehicles within the pace, the better the speed distribution. 901 E. Main Street • Visalia, California 93292 • Tel (559) 733-0440 • Fax (559) 733-7821 www.akinc.com
Q
MEMO PAGE 3 OF 5
• The critical (85%) speed (or 85th-percentile speed) is that speed at or below which 85 percent of the observed vehicles are traveling. The 85th-percentile speed is the primary indicator of a speed limit that might be imposed subject to the secondary factors of collision experience and highway, traffic, and roadside conditions not readily apparent to the driver.
Per the CA MUTCD, a posted speed limit "shall be established at the nearest 5 mph increment of the 85th-percentile speed of free-flowing traffic, except as shown in the two options below."
Option
1. The posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th-percentile speed, in compliance with CVC Sections 627 and 22358.5.
2. For cases in which the nearest 5 mph increment of the 85th-percentile speed would require rounding up, then the speed limit may be rounded down to the nearest 5 mph increment below the 85th-percentile speed, if no further reduction is used. Refer to CVC Section 21400(b).
Also, per the CA MUTCD, if the posted speed limit "has had the 5 mph reduction applied, then an engineering and traffic survey shall document in writing the conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer." Results
Direction Current Speed Average Speed 10 MPH Speed Critical 85th% Recommended Limit (MPH) (MPH) (MPH) Speed (MPH) Speed Limit
Firebaugh Avenue
Belmont Road/SR 65 (School Zone)
All 30 31 25-34 36 | 30
Firebaugh Avenue
SR 65/Railroad tracks east of SR 65
All | 30 | 31 28-37 36 35
Filbert Road
Glaze Avenue/Firebaugh Avenue
All 30 28 T 22-31 133 T30
Vine Street
Elberta Road/Belmont Road
All N/A 25 21-30 T 30 T30
Visalia Road
West City limits/1,370 feet east of the west City limits All 45 49 T 44-53 T57 150
Visalia Road
1,370 feet east of the west City limits and Orange Avenue All 40 36 T 29-38 ] 41 40
901 E. Main Street • Visalia, California 93292 • Tel (559) 733-0440 • Fax (559) 733-7821 www.qkinc.com
QK
MEMO PAGE 4 OF 5
Direction Current Speed Average Speed 10 MPH Speed Critical 85th% Recommended Limit (MPH) (MPH) (MPH) Speed (MPH) Speed Limit
Visalia Road
Orange Avenue/Palm Street
All 30 30 25-34 35 T 35
Chestnut Street
Belmont Road/Albert Avenue
All ,N/A 25 19-28 30 30
Chestnut Street
Orange Avenue/Kaweah Avenue (School Zone)
All 21-30 30 T25
Chestnut Street
Kaweah Avenue/1st Street
All N/A 25 20-29 32 30
Elberta Road
Visalia Road/Vine Street
All IN/A 130 26-35 T35 T35
Belmont Road
Glaze Avenue/Firebaugh Avenue
All 45 44 1 38-47 49 45
Belmont Road
Firebaugh Avenue/Visalia Road
40 35 30-39 41
Belmont Road
Visalia Road and the railroad tracks north of Meadow Avenue (north City limits) 30 32 29-38 T37 T 35
Sequoia Drive
Kaweah Avenue/Valencia Drive
N/A 24 T18-27 T31 730
Palm Street
Orange Avenue/G Street
All 25 T27 T 24-33 T32 30
Palm Street
G Street/Kaweah Avenue
All 30 31 27-36 135 35
F Street
Palm Street/curve north of Willow Street
27-36 T 36 T35
F Street/Filbert Road
Curve north of Willow Street/northern City limits
T37-46 T 45 40
Industrial Drive
Firebaugh Avenue/Glaze Avenue
N/A 33 T 34-43 43 40
*See appendix for all recorded information.
901 E. Main Street • Visalia, California 93292 • Tel (559) 733-0440 • Fax (559) 733-7821 www.qkinc.com
Q
MEMO PAGE 5 OF 5
Collision Review
Per the CA MUTCD, the most recent two-year collision records should be reviewed when determining appropriate speed limits. Collision data was obtained from the California Highway Patrol's State-Wide Integrated Traffic Records System (SWITRS) for the years 2020 and 2021. During this two-year period, there were no collisions on the road segments surveyed resulting in fatalities. Therefore, a speed reduction based on collision history is not recommended for the roadway segments studied.
Conclusion
Based on the speed data collected and a review of the collision history and conditions not readily apparent to the driver, the recommended speed limit for all 20 segments are shown in the above spreadsheet.
Attachment 1- Speed Survey Counts
Attachment 2 - SWITRS Collision Report (2020, 2021)
901 E. Main Street • Visalia, California 93292 • Tel (559) 733-0440 • Fax (559) 733-7821 www.akinc.com
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Inwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Firebaugh Ave
LIMITS: Belmont Rd / SR 65
speed curve
LATITUDE 36.2898992
100 LONGITUDE -119.1459321
90 DATES/TIMES: 5/26/2022
70 09:25 to 10:25
Percentile
DIRECTION: Eastbound
30 20 85% SPEED 36
° ° 10 mph PACE 26 - 35 MPH
DO 50 AVG. SPEED 31 MPH
Speed (MPH)
POSTED SPEED 30 MPH
MPH
0 X
44 X
xx× VULN
X X X
X X
un A
xxxxxx 5
xxxxxxxxx x x xxxxx× xxxxxx
NAA
X
0 0
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Firebaugh Ave
LIMITS: Bolmont Rd / SR 65
speed curve
LATITUDE 36.2898992
100 LONGITUDE -119.1459321
90 80 DATES/TIMES: 5/26/2022
70 09:25 to 10:25
60 Percentile
40 DIRECTION: Westbound
30 20 85% SPEED 36
10 10 mph PACE 25 - 34 MPH
0 30 AVG. SPEED 30 MPH
Speed (MPH)
POSTED SPEED 30 MPH
MPH
50 49
48 47
44 41
40 5
x xxxxxx×× xxxxxxx ∞ cc A
x x x X X
3 4
2 x
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main S
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Firebaugh Ave
LIMITS: Belmont Rd / SR 65
speed curve
LATITUDE 36.2898992
100 LONGITUDE -119.1459321
90 80 DATES/TIMES: 5/26/2022
70 09:25 to 10:25
60 40 DIRECTION: Eastbound + Westbound
30 20 85% SPEED_ 36
10 10 mph PACE 25 - 34 MPH
AVG. SPEED 31 MPH
Speed (MPH)
POSTED SPEED 30 MPH / 30 MPH
MPH
• •
49 48
47 XIX
XXXX
xxxxx×××× xxxxxxxx× xxxxx
xxxxxxxx xxxx×××× xxxxxxxx xxxxxxx XXI X X
10 xxxxxxxxxxxxxxx 7
TOTAL: 100
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Firebaugh Ave
LIMITS: SR65 / railroad tracks east of SR 65
speed curve
LATITUDE: 36.28973096
100 LONGITUDE: -119.1328557
90 80 DATES/TIMES: 5/26/2022
70 14:00 to 15:15
60 DIRECTION: Westbound
30 20 85% SPEED 34
10 10 mph PACE _ 27 - 36 MPH
50 AVG. SPEED 29 MPH
Speed (MPH)
POSTED SPEED 30 MPH
MPH
50 49
48 47
46 45
44 42
X 3
XXX
XXXX
xxx XX
xxxxxxxxxxxxxxxxxxx
X
TOTAL: _
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Firebaugh Ave
LIMITS: SR65 / railroad tracks east of SR 65
speed curve
LATITUDE: 36.28973096
100 LONGITUDE: -119.1328557
90 80 DATES/TIMES: 5/26/2022
70 14:00 to 15:15
60 DIRECTION: Eastbound
85% SPEED 39
10 10 mph PACE 28 - 37 MPH
30 AVG. SPEED 33 MPH
Speed (MPH)
POSTED SPEED 30 MPH
MPH
•°
49 x X X
X X X
X XX
2 3
xxxxxx xxxx× xxx
4 X X
xx x
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Firebaugh Ave
LIMITS: SR65/ ailroad tracks east of SR 65
speed curve
LATITUDE 36.28973096
100 LONGITUDE -119.1328557
90 DATES/TIMES: 5/26/2022
80 70
14:00 to 15:15
50 40 DIRECTION: Westbound + Eastbound
30 85% SPEED 36
20 10
10 mph PACE 28 - 37 MPH
0 10 DO 50 AVG. SPEED 31 MPH
Speed (MPH) POSTED SPEED
30 MPH / 30 MPH
MPH
50 49
48 47
41 40
xxx
XX X
X 5
X
xxxxxxxx X**XXXX xxxxxxx XXX××× xxxxI
xxxxxxxxxxxxxxxxxx× xxxxxxxx×x×× X X
X
XX
• 0₴
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.meetrotrafficdata.com
ROAD NAME: Filbert Rd
LIMITS: Glaze Ave / Firebaugh Ave
speed curve
LATITUDE 36.28465751
100 LONGITUDE -119.1451571
90 DATES/TIMES: Thursday. May 26, 2022
80 70
10:30 to 12:30
60 Percentile
40 DIRECTION: Southbound
85% SPEED 35
10 mph PACE 22-31 MPH
30 DO AVG. SPEED 28 MPH
Speed (MPH) POSTED SPEED
30 MPH
MPH
44 xxxx
X X 3
X
x XI X
xxxxxxxx xx× xxx
x
xxxxxxxxxxxx WNA
X
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Filbert Rd
LIMITS: Glaze Ave / Firebaugh Ave
speed curve
LATITUDE 36.28465751
100 LONGITUDE: -119.1451571
90 80 DATES/TIMES: Thursday. May 26.2022
10:30 to 12:30
60 50
40 DIRECTION: Northbound
30 20 85% SPEED 31
10 10 mph PACE 21-30 MPH
0 30 AVG. SPEED 27 MPH
Speed (MPH)
POSTED SPEED 30 MPH
MPH
55 •00°
48 X X X
x*xxxxxxxxxxx xxxxxxxxxxx×× xxxxxxx ...X xx×
X
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Filbert Rd
LIMITS: Glaze Ave / Firebaugh Ave
speed curve
LATITUDE 36.28465751
100 _ONGITUDE -119.1451571
90 DATES/TIMES: Thursday, May 26, 2022
80 70
10:30 to 12:30
60 50
40 DIRECTION: Southbound + Northbound
30 85% SPEED 33
20 10 10 mph PACE
22 - 31 MPH
30 50 AVG. SPEED 28 MPH
Speed (MPH) POSTED SPEED
30 MPH / 30 MPH
MPH
X
X X 4
2 xxxxxxxxxxxxxxxx×
8 xxxxxxxxxxxxxx xxxxxxxxxxxxx xxxxxxxxxxx xxxxxxxxxxx xxxxxxxx xxxxxx X 7 XXx
X X
TOTAL: 100
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Vine St
LIMITS: Elberta Rd / Belmont Rd
speed curve
LATITUDE 36.30093154
100 LONGITUDE - 119.1552807
90 80 DATES/TIMES: 5/27/2022
70 09:00 to 11:00
60 50
40 DIRECTION: Eastbound
30 85% SPEED 32
20 10 10 mph PACE
20 - 29 MPH
AVG. SPEED 26 MPH
Speed (MPH) POSTED SPEED
N.P. MPH
MPH
° C
49 48
XXX X
xxxxxxxxxx XX
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
10 N. Irwin Street - Suite 2 QK inc.
lanford, CA 9323 301 East Main S
Metro Traffic Data Inc. Visalia, CA 9329:
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Vine St
LIMITS: Elberta Rd/ Belmont Rd
speed curve
LATITUDE 36.30093154
100 LONGITUDE -119.1552807
90 80 DATES/TIMES: Friday. May 27, 2022
70 09:00 to 11:00
Percentile 50
40 DIRECTION: Westbound
20 85% SPEED 28
10 10 mph PACE 21 - 30 MPH
0 AVG. SPEED 24 MPH
Speed (MPH)
POSTED SPEED N.P. MPH
0 2
xxxxxxxxxx.x
x
xxx 2
XX xX NN
0 0°
TOTAL-
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Streel - Suite 20 QK Inc.
Hanford, CA 93230 101 East Main S
Metro Traffic Data Inc. Fisalia, CA 9329
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Vine St
LIMITS: Elberta Rd/ Belmont Rd
speed curve
LATITUDE 36.30093154
100 LONGITUDE -119.1552807
90 DATES/TIMES: Friday. May 27, 2022
80 70
09:00 to 11:00
60 40 DIRECTION: Eastbound + Westbound
30 20 85% SPEED 30
10 10 mph PACE 21 - 30 MPH
0 20 30 3o AVG. SPEED 25 MPH
Speed (MPH)
POSTED SPEED N.P. MPH / N.P. MPH
MPH
x
xxxxxxxxxxxxx xxxxxxxxx
xxxxxxxxxxx×××××××× X
4 1
XXX NINN
00000%
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Visalia Rd
LIMITS: west City limit / 1370 east of w. Citylimit
speed curve
LATITUDI 36.29725988
100 ONGITUDI -119.1614988
90 80 DATES/TIMES: Wednesday. May 25. 2022
70 10:05 to 10:30
50 DIRECTION: Westbound
85% SPEED 57
20 10
10 mph PACE 43 - 52 мРн
10 AVG. SPEED 50 MPH
Speed (MPH) POSTED SPEED
45 MPH
MPH
65 64
63 62 0
61 60
59 58
57 xxx×× X
xXXX
56 55 2
53 X X
X XX X
51 X X X enun
XX X 3
48 47
46 3
45 xxxX 2
XXI
xxxx
x 2
0 TOTAL:_
Speed Survey
Metro Traffic Data inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 1 East Main
Metro Traffic Data Inc. salia, CA 932
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Visalia Rd
LIMITS: west City limit / 1370 east of w. City limit.
speed curve
LATITUDE 36.29725988
100 LONGITUDE -119.1614988
90 80 DATES/TIMES: Wednesday. May 25, 2022
70 10:05 to 10:30
60 DIRECTION: Eastbound
30 20 85% SPEED 57
10 10 mph PACE 44 - 53 MPH
0 50 10 AVG. SPEED 49 MPH
Speed (MPH)
POSTED SPEED 45 MPH
MPH
63 62 0OTNN
61 59
58 X
57 56
55 XXX 2
xxxxxxxxxxxxx
X X
X X
47 46 2
45 44 2
0 TOTAL: 50
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 01 East Main:
Metro Traffic Data Inc. salia, CA 9325
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Visalia Rd
LIMITS: west City limit / 1370 east of w. City limit
speed curve
LATITUDE 36.29725988
100 ONGITUDI -119.1614988
90 80 DATES/TIMES: Wednesday. May 25, 2022
70 10:05 to 10:30
60 Percentile
40 DIRECTION: Westbound + Eastbound
30 20 85% SPEED 57
10 10 mph PACE 44 - 53 MPH
0 AVG. SPEED 49 MPH
Speed (MPH)
POSTED SPEED 45 MPH / 45 MPH
MPH
61 60
59 58 xxxxxx× xx
57 XXX X
56 55 xxxxxxxxxxxxxxx X
54 53 X
52 xxI
51 50
49 X X X
48 X X
47 X X X X
46 X
45 X X X
44 X X
× x× xxxx× xxxx xxxx × X:
TOTAL: 100
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Visalla Rd
LIMITS: 1370' east of w. City limit / Orange Ave
speed curve
LATITUDE 36.29728678
100 LONGITUDE -119.151935
90 80 DATES/TIMES: Wednesday. May 25, 2022
70 10:30 to 11:00
60 40 DIRECTION: Eastbound
30 85% SPEED 42
20 10
10 mph PACE 29 - 38 MPH
AVG. SPEED 36 MPH
Speed (MPH) POSTED SPEED
40 MPH
MPH
51 50
49 48 xx
47 46
2 XXX XX
xxxxx.... xxxxxxxx
XXX xXx
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 01 East Main S
Metro Traffic Data Inc. /isalia, CA 9329
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Visalia Rd
LIMITS: 1370 east of w. City limit / Orange Ave
speed curve
LATITUDE 36.29728678
100 LONGITUDE -119.151935
90 80 DATES/TIMES: Wednesday. May 25, 2022
70 10:30 to 11:00
60 40 DIRECTION: Westbound
30 20 85% SPEED 41
10 10 mph PACE 30 - 39 MPH
0 30 AVG. SPEED 36 MPH
Speed (MPH)
POSTED SPEED 40 MPH
X
XX 2
X X
XXXXXX xxxxx
5 xxxx XXX
5 " -
X 4
2 0
TOTAL: 50
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Visalia Rd
LIMITS: 1370' east of w. City limit / Orange Ave
speed curve
LATITUDE 36.29728678
100 LONGITUDE: -119.151935
90 80 DATES/TIMES: Wednesday. May 25, 2022
70 10:30 to 11:00
Percentile 50
40 DIRECTION: Eastbound + Westbound
20 85% SPEED 41
10 10 mph PACE 29 - 38 MPH
30 DO AVG. SPEED 36 MPH
Speed (MPH)
POSTED SPEED 40 MPH /40 MPH
50 49
48 X X
47 X
46 45
44 xxxxxxx xxxxx×
41 40 X
X
X
X x × xxxxx× xxxxx xxxxxx xxxxxX
X
X
xxx xxX
xxxxxxx
TOTAL: 100
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Visalia Rd
LIMITS: Orange Ave / Palm St
speed curve
LATITUDE 36.29721394
100 LONGITUDE -119.1461619
90 80 DATES/TIMES:( Wednesday, June 1,2022
70 12:15 to 12:45
60 Percentile
DIRECTION: Eastbound
30 85% SPEED 36
10 10 mph PACE 29 - 38 MPH
0 DO AVG. SPEED 31 MPH
Speed (MPH) POSTED SPEED
30 MPH
MPH
51 50
49 48
47 46
45 44
xxxxx×
X
X XI 2
XX X
xxxxxx w ∞ uw
X
xxxxxxxxxx× xxxxxxxxx×
NIN
X
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 01 East Main S
Metro Traffic Data Inc. isalia, CA 9329
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Visalia Rd
LIMITS: Orange Ave / Palm St
speed curve
LATITUDE 36.29721394
100 LONGITUDE - 119.1461619
90 80 DATES/TIMES: Wednesday, June 1, 2022
70 12:15 to 12:45
60 50
40 DIRECTION: Westbound
30 85% SPEED 33
20 10
10 mph PACE 25-34 MPH
20 30 AVG. SPEED 29 MPH
Speed (MPH)
POSTED SPEED 30 MPH
MPH
0 0 coo
xx× X
X
xxxxxxxxx
×× xxxxxxx× xxxxxxxx
xxxX .... 5
X 6
X
aloo
TOTAL: 50
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 301 East Main S
Metro Traffic Data nc. Visalia, CA 9329.
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Visalia Rd
LIMITS: Orange Ave / Palm St
speed curve
LATITUDE 36.29721394
100 LONGITUDE: -119.1461619
90 80 DATES/TIMES: Wednesday. June 1, 2022
70 12:15 to 12:45
60 50
40 DIRECTION: Eastbound + Westbound
30 20 85% SPEED 35
10 10 mph PACE 25 - 34 MPH
0 30 AVG. SPEED 30 MPH
Speed (MPH)
POSTED SPEED 30 MPH / 30 MPH
MPH
55 X
XI X
XX X
3 xxxxxxxxxxxxxxxxxxxx
XX
X
xxxxxxxxxxxx xxxxxxxx× xxxxxxx× xxxxxxxx xxxxxx×
xxx
TOTAL: 100
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Inin Street - Suite 2 QK Inc.
Hanford, CA 9323( 01 East Main
Metro Traffic Data Inc. salia, CA 932
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Chestnut St
LIMITS: Belmont Rd / Albert Ave
speed curve
LATITUDE 36.29195677
100 LONGITUDE -119.1525974
90 80 DATES/TIMES: Wednesday. May 25, 2022
70 13:30 to 16:00
60 Percentile
DIRECTION: Eastbound
30 20 85% SPEED 29
10 10 mph PACE 21 - 30 MPH
0 30 AVG. SPEED 25 MPH
Speed (MPH)
POSTED SPEED N.P. MPH
MPH
solo
0 X
XXX
X X X
xxxxxxxxxxx xxx X X 6
xxxxx× X X 6
X XI
0 XX 2
xxx X
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main S
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Chestnut St
LIMITS: Belmont Rd / Albert Ave
speed curve
LATITUD 36.29195677
100 ONGITUDI -119.1525974
90 80 DATES/TIMES: Wednesday. May 25, 2022
70 13:30 to 16:00
60 DIRECTION: Westbound
85% SPEED 31
20 10
10 mph PACE_ 19-28 MPH
20 30 AVG. SPEED 25 MPH
Speed (MPH) POSTED SPEED
N.P. MPH
MPH
X
XXX
X X X XI
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 2 QK Inc.
-anford, CA 9323 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Chestnut St
LIMITS: Belmont Rd / Albert Ave
speed curve
LATITUDE 36.29195677
100 LONGITUDE -119.1525974
90 80 DATES/TIMES: Wednesday. May 25, 2022
70 13:30 to 16:00
Percentile 50
40 DIRECTION: Eastbound + Westbound
85% SPEED 30
10 10 mph PACE 19 - 28 MPH
0 50 AVG. SPEED 25 MPH
Speed (MPH)
POSTED SPEED N.P. MPH / N.P. MPH
X
2 Xx×
xX× X X
X X X X
X X xxx
X X XXXX
X
xxxxxxxxxxxxxxxxxxx X X X X
XXXXXXX
X X
→ o
TOTAL:_
Speed Survey
Metro Traffic Data Inc. Prepared For:
10 N. Irwin Street - Suite 2 QK Inc.
lanford, CA 9323 01 East Main S
Metro Traffic Data Inc. isalia, CA 9329
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Chestnut St
LIMITS: Orange Ave / Kaweah Ave (SR 65)
speed curve
LATITUDE 36.29268908
100 LONGITUDE -119.1429388
90 80 DATES/TIMES:( Wednesday, June 1, 2022
70 12:50 to 14:20
Percentile
DIRECTION: Westbound
20 85% SPEED 30
10 10 mph PACE 21 - 30 MPH
0 10 30 DO AVG. SPEED 25 MPH
Speed (MPH)
POSTED SPEED 25 MPH
MPH
W NO
xxxxxx
5 xxxxxxxxxxxxxxx XX××××××× xxxxxxx
xxxx× 5
gooo
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 01 East Main S
Metro Traffic Data Inc. isalia, CA 9329
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Chestnut St
LIMITS: Orange Ave / Kaweah Ave (SR 65)
speed curve
LATITUDE 36.29268908
100 ONGITUDE -119.1429388
90 80 DATES/TIMES: Wednesday, June 1, 2022
70 12:50 to 14:20
60 50
40 DIRECTION: Eastbound
30 85% SPEED 31
20 10
10 mph PACE 23 - 32 MPH
30 AVG. SPEED 27 MPH
Speed (MPH)
POSTED SPEED 25 MPH
MPH
x xX xxx xxx xxx
xxxxxxxxxxxxxxxx XX X X
x xxxx X
XI
JNuJNAwN G
X X X
xx
0 TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 01 East Main s
Metro Traffic Data Inc. isalia, CA 9325
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Chestnut St
LIMITS: Orange Ave / Kaweah Ave (SR 65)
speed curve
LATITUDE 36.29268908
100 ONGITUDI -119.1429388
90 80 DATES/TIMES: Wednesday. June 1, 2022
70 12:50 to 14:20
60 DIRECTION: Westbound + Eastbound
20 85% SPEED 30
10 10 mph PACE 21 -30 MPH
30 AVG. SPEED 26 MPH
Speed (MPH) POSTED SPEED
25 MPH / 25 MPH
MPH
X
XXX xxx xx XX
xx*xx×
XX IX
xx x x x x x xx xxxxxxxxx× xxxxxxxxxxxxx xxxxxxxxxxx× xxxxxxxxxxxx X x X
xxxx xxx× 6
X 10
N A
o o
TOTAL: 100
Speed Survey
Metro Traffic Data Inc. Prepared For:
10 N. Irwin Street -Suite 2 QK Inc.
lanford, CA 9323 01 East Main S
Metro Traffic Data Inc. isalia, CA 932
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Chestnut St
LIMITS: Kaweah Ave (SR 65) / 1st St
speed curve
LATITUDE 36.29520339
100 LONGITUDE -119.134276
90 DATES/TIMES: 5/31/2022
80 70
15:20 to 16:00
60 40 DIRECTION: Eastbound
30 85% SPEED 31
20 10
10 mph PACE 20 - 29 MPH
30 AVG. SPEED 25 MPH
Speed (MPH)
POSTED SPEED N.P. MPH
0000
X 2
3 2
0 X co co
X
X X 4
x X X 3
X
00009
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 01 East Main :
Metro Traffic Data Inc. salia, CA 932:
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Chestnut St
LIMITS: Cave Ave S/ 1515:
speed curve
LATITUDI 36.29520339
100 ONGITUDE -119.134276
90 DATES/TIMES: 5/31/2022
80 70
15:20 to 16:00
60 50
40 DIRECTION: Westbound
30 85% SPEED 32
20 10 10 mph PACE 20 - 29 MPH
20 AVG. SPEED 25 MPH
Speed (MPH) POSTED SPEED
N.P. MPH
MPH
X
XXXX X
...× X
...........× xxxxxxx××
XX
XX 2
2 XX
1 TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 01 East Main S
Metro Traffic Data Inc. isalia, CA 9325
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Chestnut St
LIMITS: Kaweah Ave (SR 65) / 1st St
speed curve
LATITUDE 36.29520339
100 LONGITUDE -119.134276
90 80 DATES/TIMES: 5/31/2022
70 15:20 to 16:00
50 40 DIRECTION: Eastbound + Westbound
85% SPEED 32
10 mph PACE 20 - 29 MPH
10 30 AVG. SPEED 25 MPH
Speed (MPH)
POSTED SPEED N.P. MPH / N.P. MPH
0 2
X X
*x*x×
X
xxxxxxxxxxxxxxxxxxx… xx*× SNMNTNDNM
X
xxxxxxxx× x xxxx xX×
X X
x x xxxxxxxx NAAOO
× x
NOOOOOWNWN
TOTAL:_
Speed Survey
Metro Traffic Data Inc. Prepared For:
310N. Irvin Sireel - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Elberta Rd
LIMITS: Visalia Rd / Vine St
speed curve
LATITUDE 36.29875419
100 LONGITUDE -119.1629974
90 80 DATES/TIMES: 5/31/2022
70 10:45 to 12:45
Percentile
40 DIRECTION: Southbound
30 85% SPEED 36
8 0 0 10 mph PACE 27 - 36 MPH
DO AVG. SPEED 31 MPH
Speed (MPH)
POSTED SPEED N.P. MPH
× ×
XX
xxxxxxxxxxx× 3
0 3
xxx× 3
2 • N
1 • o
x
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 1 East Main :
Metro Traffic Data Inc. salia, CA 932:
800-975-6936 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Elberta Rd
LIMITS: Visalia Rd / Vine St
speed curve
LATITUDE 36.29875419
100 LONGITUDE -119.1629974
90 80 DATES/TIMES: 5/31/2022
70 10:45 to 12:45
60 50
40 DIRECTION: Northbound
30 85% SPEED 35
20 10
10 mph PACE 26-35 MPH
30 35 50 AVG. SPEED 30 MPH
Speed (MPH)
POSTED SPEED N.P. MPH
MPH
× × ×
X
xxxxxxxxxxx
xxxxx
X
0 o
TOTAL: 25
Speed Survey
Metro Traffic Data Inc. Prepared For:
10 N. Irwin Street - Suite 2 QK Inc.
lanford, CA 9323 1 East Main S
Metro Traffic Data Inc. salia, CA 932
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Elberta Rd
LIMITS: Visalia Rd / Vine St
speed curve
LATITUDE 36.29875419
100 LONGITUDE -119.1629974
90 80 DATES/TIMES: 5/31/2022
70 10:45 to 12:45
60 DIRECTION: Southbound + Northbound
20 85% SPEED 35
10 10 mph PACE 26 - 35 MPH
0 DO AVG. SPEED 30 MPH
Speed (MPH)
POSTED SPEED N.P.MPH MPH/ N.P. MPH
0 X
X
xx×××××
X
..........× X X
X
XXXx× xxxx× xxxx× X
XXXX
X
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Belmont Rd
LIMITS: Glaze Ave / Firebaugh Ave
speed curve
LATITUDE 36.289022
100 LONGITUDE: -119.1541289
90 80 DATES/TIMES: 5/25/2022
70 12:50 to 13:30
60 Percentile 50
40 DIRECTION: Southbound
30 20 85% SPEED 49
10 10 mph PACE 38 - 47 MPH
10 AVG. SPEED 44 MPH
Speed (MPH)
POSTED SPEED 45 MPH
MPH
• •
X
X
53 52
51 50
xxxx
xxxxx× X
xxxxxxxxxxx xX X
xxxxxxxxx
0 TOTAL: 49
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Inwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Belmont Rd
LIMITS: Glaze Ave / Firebaugh Ave
speed curve
LATITUDE 36.289022
100 LONGITUDE -119.1541289
90 80 DATES/TIMES: 5/25/2022
70 12:50 to 13:30
Percentile 50
40 DIRECTION: Northbound
30 85% SPEED 49
10 10 mph PACE 38-47 MPH
0 30 10 AVG. SPEED 44 MPH
Speed (MPH)
POSTED SPEED 45 MPH
MPH
65 64
63 62
61 60
59 58
57 X
56 55
54 53
52 51
50 49
48 x xxxxx×××
47 XX xxxx
x X
w o
xxx. XI XI X
X X
x xx
0 TOTAL: 50
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traftic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Belmont Rd
LIMITS: Glaze Ave / Firebaugh Ave
speed curve
LATITUDE 36.289022
100 LONGITUDE -119.1541289
90 80 DATES/TIMES: _5/25/2022
70 12:50 to 13:30
60 Percentile 50
40 DIRECTION: Southbound + Northbound
30 20 85% SPEED 49
10 mph PACE_ 38 - 47 MPH
10 AVG. SPEED 44 MPH
Speed (MPH)
POSTED SPEED 45 MPH /45 MPH
MPH
65 64 0
62 60
59 58
56 55
54 X X
51 50 X X X
49 X
xx xxx× X
46 x x× X X XX x X 12
45 X 12
44 43 X 10
xxxxxI xxxxx xxx
xxx xxxxxx x x
x xI
8-00
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Belmont Rd
LIMITS: Firebaugh Ave / Visalia Rd
speed curve
LATITUDE: 36.29422105
100 LONGITUDE: -119.1540672
90 80 DATES/TIMES: 5/25/2022
12:15 to 12:45
60 Percentile 50
40 DIRECTION: Southbound
30 20 85% SPEED 43
10 10 mph PACE_ 30 - 39 MPH
50 AVG. SPEED 37 MPH
Speed (MPH)
POSTED SPEED 40 MPH
2244฿ o oc
50 49
48 47
2 xxxxxxi
X X X
42 41 X 2
40 X
... xxxxxx xxx
xxxxxxxx×
X
2 TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Belmont Rd
LIMITS: Firebaugh Ave / Visalia Rd
speed curve
LATITUDE 36.29422105
100 LONGITUDE: -119.1540672
90 80 DATES/TIMES: 5/25/2022
70 12:15 to 12:45
50 40 DIRECTION: Northbound
85% SPEED 38
10 mph PACE 29 - 38 MPH
20 30 AVG. SPEED
34 MPH
Speed (MPH)
POSTED SPEED 40 MPH
MPH
xxxxxxxxxxx
xxxxxx XX
4 xxxxxxxx xxx* xXI
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traftic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Belmont Rd
LIMITS: Firebaugh Ave / Visalia Rd
speed curve
LATITUDE 36.29422105
100 LONGITUDE: -119.1540672
90 80 DATES/TIMES: 5/25/2022
70 12:15 to 12:45
50 40 DIRECTION: Southbound + Northbound
30 85% SPEED 41
10 10 mph PACE_ 30 - 39 MPH
0 10 20 50 AVG. SPEED 35 MPH
Speed (MPH)
POSTED SPEED 40 MPH /40 MPH
• °
50 49 X
48 47
46 2
XX
45 44
x*××******× XXX
41 40
X
XXXX X X 7
37 ..... XXX XX X X XX 10
36 35
34 X
33 X X X
X ||
xXXx x x
6 xxxxxxx xxxxx x 4
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Belmont Rd
LIMITS:
speed curve
LATITUDE 36.29913506
100 LONGITUDE -119.1539684
90 80 DATES/TIMES: 5/25/2022
70 11:00 to 11:35
Percentile
40 DIRECTION: Southbound
85% SPEED 38
10 mph PACE 29 - 38 MPH
AVG. SPEED 33 MPH
Speed (MPH)
POSTED SPEED 30 MPH
0 0 0
X
xxxx× xxxx
xxxxxxxxxxxxxxxxx
....
xxx
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Streel - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Belmont Rd
LIMITS: Vala Ra ratow acks north of
speed curve
LATITUDE 36.29913506
100 LONGITUDE -119.1539684
90 80 DATES/TIMES: 5/25/2022
70 11:00 to 11:35
50 40 DIRECTION: Northbound
30 85% SPEED 36
& ÷
10 mph PACE 28- 37 MPH
0 5° AVG. SPEED 32 MPH
Speed (MPH)
POSTED SPEED 30 MPH
...× XX×
XX×X XX
X
××××××××
x
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Inwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Belmont Rd
LIMITS: Val Ra atow acks noth of
speed curve
LATITUDE: 36.29913506
100 LONGITUDE -119.1539684
90 80 DATES/TIMES: 5/25/2022
70 11:00 to 11:35
50 40 DIRECTION: Southbound + Northbound
30 85% SPEED 37
10 mph PACE 29 - 38 MPH
AVG. SPEED 32 MPH
Speed (MPH)
POSTED SPEED 30 MPH /30 MPH
X
X
6 xxxxxx
X X × XX× XX ×
xxxxxxxxxxxxxxxx×× xxxx×××x×××x×
X X
X X X X X|
xx××××××× X XX×××
X 2
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 301 East Main S
Metro Traftic Data Inc. Visalia, CA 9329:
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Sequoia Dr
LIMITS: Kaweah Ave (SR 65) / Valencia Dr
speed curve
LATITUD 36.30239972
100 ONGITUDI -119.1341092
90 80 DATES/TIMES: 6/2/2022
70 10:25 to 12:25
60 40 DIRECTION: Eastbound
30 85% SPEED 28
20 10
10 mph PACE 19-28 MPH
30 3° 50 AVG. SPEED 24 MPH
Speed (MPH) POSTED SPEED
N.P. MPH
MPH
• °
X
X
*xxx
0 0
• •
TOTAL: 24
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Sequoia Dr
LIMITS: Kaweah Ave (SR 65) / Valencia Dr
speed curve
LATITUDE 36.30239972
100 ONGITUDE -119.1341092
90 80 DATES/TIMES: 6/2/2022
70 10:25 to 12:25
Percentile
40 DIRECTION: Westbound
30 85% SPEED 32
10 mph PACE 18 - 27 MPH
DO AVG. SPEED 25 MPH
Speed (MPH)
POSTED SPEED N.P. MPH
0 X
• - -No0 0
x x×| XX
X
x× xxx× NomorNrNorr
cooo
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME:_ Sequoia Dr
LIMITS: Kaweah Ave (SR 65) / Valencia Dr
speed curve
LATITUDE 36.30239972
100 LONGITUDE -119.1341092
90 80 DATES/TIMES: 6/2/2022
70 10:25 to 12:25
60 Percentile
DIRECTION: Eastbound + Westbound
30 85% SPEED 31
10 mph PACE 18 - 27 MPH
50 AVG. SPEED 24 MPH
Speed (MPH)
POSTED SPEED N.P. MPH / N.P. MPH
X
X
X
xxxxxxxx
Xx× X X
2 X
xxxxxx x xxxxxi × xxxxi X X
0 °
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Palm St
LIMITS: Orango Avo/GSt
speed curve
LATITUDI 36.29723586
100 LONGITUDE -119.1423416
90 80 DATES/TIMES: 6/1/2022
70 10:00 to 12:00
60 Percentile 50
DIRECTION: Eastbound
30 85% SPEED 32
10 mph PACE 18 - 27 MPH
20 50 AVG. SPEED 25 MPH
Speed (MPH)
POSTED SPEED 25 MPH
MPH
X
..--
X XI
0 TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traftic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Palm St
LIMITS: Orango Ave / G St
speed curve
LATITUDE: 36.29723586
100 LONGITUDE: -119.1423416
90 80 DATES/TIMES: 6/1/2022
10:00 to 12:00
60 50
40 DIRECTION: Westbound
30 85% SPEED 32
10 mph PACE 24 - 33 MPH
20 AVG. SPEED 28 MPH
Speed (MPH)
POSTED SPEED 25 MPH
MPH
47 46
45 44
43 42
41 XX X
XX X X
xxxxxxxxxx NOTNNNN
X
xxxxx××××××××x× XXX× x× xx x
4 3
•0 i
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Palm St
LIMITS: Orango Ave / G St
speed curve
LATITUDE: 36.29723586
100 LONGITUDE: -119.1423416
90 80 DATES/TIMES: 6/1/2022
70 10:00 to 12:00
60 Percentile 50
40 DIRECTION: Eastbound + Westbound
30 85% SPEED 32
0 0 8 10 mph PACE
24 - 33 MPH
35 AVG. SPEED 27 MPH
Speed (MPH)
POSTED SPEED 25 MPH /25 MPH
MPH
47 46
X X X X
xxxxxxxxxxxxxxxx xxxxxxxx xxx
xxxxxxxxxxxxxxx… xxxxx× xxx
6 4
xxx×
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Palm St
LIMITS: G St/ Kaweah Ave (SR 65)
speed curve
LATITUDE 36.29872798
100 LONGITUDE -119.1381526
90 80 DATES/TIMES: 6/1/2022
70 09:15 to 10:00
60 Percentile 50
40฿ DIRECTION: Eastbound
20 85% SPEED 36
10 mph PACE 27-36 MPH
10 30 AVG. SPEED 31 MPH
Speed (MPH)
POSTED SPEED 30 MPH
38g0g 0 o
X
xxxxxxxxxx xxxxxxxxx× X x
XX
XX X
XX
XI
8000
TOTAL: _
Speed Survey
Metro Traffic Data Inc. Prepared For:
310N. Invin Street- Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Palm St
LIMITS: G St/ Kaweah Ave (SR 65)
speed curve
LATITUDE: 36.29872798
100 LONGITUDE: - 119.1381526
90 80 DATES/TIMES: 6/1/2022
09:15 to 10:00
Percentile 50
40 DIRECTION: Westbound
30 85% SPEED 34
10 mph PACE_ 25 - 34 MPH
AVG. SPEED 30 MPH
Speed (MPH) POSTED SPEED
30 MPH
40 xx
X
xxxxxxx × xxxxxxxx xxxxxx xxxx| Wen A GrA
xxxxxxxxxxx× un u
xx 4
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Streel - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Palm St
LIMITS: G Si/Kaweah Avo (SR 65)
speed curve
LATITUDE 36.29872798
100 LONGITUDE -119.1381526
90 DATES/TIMES: 6/1/2022
80 70
09:15 to 10:00
60 40 DIRECTION: Eastbound + Westbound
30 85% SPEED 35
10 mph PACE 27 -36 MPH
10 20 AVG. SPEED 31 MPH
Speed (MPH)
POSTED SPEED 30 MPH / 30 MPH
MPH
XX
X X
X
HÂHÂHHHHÂHHHH xxxx××xx××× xxxxxxxxxxx xxx××*..×.. xxxxxxxxx xXXxxxxxx xxxxxx
xxxxxxxxxxxxxxxx×× X XX
X X X X 10
8 XX
•••9
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 301 East Main Si
Metro Traffic Data Inc. Visalia, CA 9329:
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: F St
LIMITS: Palm St/ curve north of Willow St
speed curve
LATITUDE 36.29914987
100 •ONGITUD -119.1439348
90 80 DATES/TIMES: 5/27/2022
70 13:25 to 14:30
60 40 DIRECTION: Northbound
30 85% SPEED 38
10 mph PACE 26 - 35 MPH
50 AVG. SPEED 31 MPH
Speed (MPH)
POSTED SPEED 30 MPH
xxxxxxxxxxxxxxxx X
xXX
TN/N
4 3
X
XX
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: F SI
LIMITS: Palm St/ curve north of Willow St
speed curve
LATITUDE 36.29914987
100 LONGITUDE -119.1439348
90 80 DATES/TIMES: 5/27/2022
13:25 to 14:30
60 Percentile 50
40 DIRECTION: Southbound
30 85% SPEED 35
10 mph PACE 27 - 36 MPH
30 50 AVG. SPEED 31 MPH
Speed (MPH)
POSTED SPEED 30 MPH
xxxxx xxxx X X
xxxxxxxxxxxxxxxxx… xxxxxxxx× NAU
2 X
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: F St
LIMITS: Palm St / curve north of Willow St
speed curve
LATITUDI 36.29914987
100 ONGITUDI -119.1439348
90 DATES/TIMES: 5/27/2022
80 70
13:25 to 14:30
60 40 DIRECTION: Northbound + Southbound
30 85% SPEED 36
10 mph PACE 27-36 MPH
10 6° AVG. SPEED 31 MPH
Speed (MPH)
POSTED SPEED 30 MPH / 30 MPH
• 0
2 X AGIN
2 xxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxx× xxxxxx ...... xxxxx xxxxxx 9
9 xxxxxx×××××× 5
× ×
X
3 X
• 000
TOTAL: 100
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 01 East Main S
Metro Traffic Data Inc. /isalia, CA 9329
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: F St/ Filbert Rd
LIMITS: curve north of Willow St/ northern City
speed curve
ATITUD 36.30351391
100 ONGITUD - 119.1446887
90 80 DATES/TIMES: 5/27/2022
70 11:15 to 12:15
60 40 DIRECTION: Southbound
30 85% SPEED 46
800 10 mph PACE
37-46 MPH
AVG. SPEED 41 MPH
Speed (MPH)
POSTED SPEED 35 MPH
X
xxxxxxxxxx xxxxxx
XX
XX
XX
...
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 301 East Main S
Metro Traffic Data Inc. /isalia, CA 9329;
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: F St/ Filbert Rd
LIMITS: curve north of Willow St/ northern city
speed curve
LATITUD 36.30351391
100 ONGITUDI -119.1446887
90 DATES/TIMES: 5/27/2022
80 70
11:15 to 12:15
60 40 DIRECTION: Northbound
30 85% SPEED 44
20 10
10 mph PACE 36 - 45 MPH
10 30 AVG. SPEED 38 MPH
Speed (MPH) POSTED SPEED
35 MPH
MPH
•coo
X
xxx X ni a
X
xxxxxxxx
2 xxXX
xxxxxxxxxxxxxxxxx×
X JOIN
X -N=-
0 TOTAL: 50
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Invin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: F St/ Filbert Rd
speed curve LIMITS: cure north or witow Sul mertherm Gil ATITUDE 36.30351391
100 ONGITUDE -119.1446887
90 80 DATES/TIMES: 5/27/2022
70 11:15 to 12:15
40 DIRECTION: | Southbound + Northbound
30 85% SPEED 45
10 mph PACE 37 - 46 MPH
20 AVG. SPEED 40 MPH
Speed (MPH)
POSTED SPEED 35 MPH / 35 MPH
X X
•ONOONNM
xx××× ***xx× xxxx×
xx× XXX
X X 10
xx
X XX×
X X
X
x x x
x x xxxxxxxxxxxx×× x × @IN
X
xxxxx N NANO
X
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Industrial Dr
LIMITS: Firebaugh Ave / Glaze Ave
speed curve
LATITUDE 36.28779623
100 LONGITUDE -119.1406674
90 80 DATES/TIMES: 5/31/2022
70 13:00 to 15:00
60 Percentile 50
40 DIRECTION: Northbound
30 85% SPEED 43
10 mph PACE 34-43 MPH
15 50 AVG. SPEED 34 MPH
Speed (MPH)
POSTED SPEED N.P. MPH
MPH
53 52
51 50
49 48
47 xx×
46 44
X
42 X XI Xx x
40 X
X
X
35 X
34 NO
× ×
xxxxx× xxx xxxx
X X
400
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irvin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Industrial Dr
LIMITS: Firebaugh Ave / Glaze Ave
speed curve
LATITUDE: 36.28779623
100 LONGITUDE: -119.1406674
90 80 DATES/TIMES: 5/31/2022
70 60 13:00 to 15:00
Percentile 50
40 DIRECTION: Southbound
85% SPEED 44
10 mph PACE 28 - 37 MPH
50 AVG. SPEED 32 MPH
Speed (MPH)
POSTED SPEED N.P. MPH
1 • 0
xxxx
xxxxxx xx× X 3
X • NO
X X
X
o o
TOTAL:
Speed Survey
Metro Traffic Data Inc. Prepared For:
310 N. Irwin Street - Suite 20 QK Inc.
Hanford, CA 93230 901 East Main St
Metro Traffic Data Inc. Visalia, CA 93292
800-975-6938 Phone/Fax
www.metrotrafficdata.com
ROAD NAME: Industrial Dr
LIMITS: Firebaugh Ave / Glaze Ave
speed curve
LATITUDE 36.28779623
100 LONGITUDE -119.1406674
90 80 DATES/TIMES: 5/31/2022
70 13:00 to 15:00
Percentile 50
40 DIRECTION: Northbound + Southbound
30 85% SPEED 43
10 mph PACE 34 - 43 MPH
20 30 AVG. SPEED 33 MPH
Speed (MPH)
POSTED SPEED N.P. MPH / N.P. MPH
MPH
X
X
xxxxxx
XXX X 3
X
xxxx xxxx×
xxxxxx 4
X X
xxxxxxI
x xxxxxxxxx xxx XXX
3 xxx X X
NONU
X
xxxxxx|
X 2
900
TOTAL:
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
REPORT 1 - COLLISIONS AND VICTIMS BY MOTOR VEHICLE INVOLVED -
01/01/2020 thru 12/31/2020 Report Run Date: 06/14/2022
Includes State Highway cases Jurisdiction(s): Exeter
This report is accepted subject to the Terms of Use. Due to collision records processing backlogs, SWITRS data is typically seven months behind. Data Location: Exeter:Tulare requested for dates seven months prior to the current date will be incomplete.
TOTAL FATAL INJURY PDO KILLED INJURED SEVERE OTHER COMPLAINT
MOTOR VEHICLE INVOLVED WITH COLLISIONS COLLISIONS COLLISIONS COLLISIONS VICTIMS VICTIMS INJURIES VISIBLE OF PAIN
INJURIES INJURIES
PEDESTRIAN
OTHER MOTOR VEHICLE 19
PARKED MOTOR VEHICLE 17 17
BICYCLE
FIXED OBJECT
OTHER OBJECT
TOTAL: 10
I-SWITRS Reports Page 1 of 1
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
REPORT 1 - COLLISIONS AND VICTIMS BY MOTOR VEHICLE INVOLVED 01/01/2021 thru 12/31/2021 Report Run Date: 06/14/2022
Includes State Highway cases Jurisdiction(s): Exeter
This report is accepted subject to the Terms of Use. Due to collision records processing backlogs, SWITRS data is typically seven months behind. Data Location: Exeter:Tulare requested for dates seven months prior to the current date will be incomplete.
TOTAL FATAL INJURY KILLED OTHER COMPLAINT
MOTOR VEHICLE INVOLVED WITH PDO INJURED SEVERE VISIBLE OF PAIN
COLLISIONS COLLISIONS COLLISIONS COLLISIONS VICTIMS VICTIMS INJURIES INJURIES INJURIES
PEDESTRIAN
OTHER MOTOR VEHICLE 10
MOTOR VEH ON OTHER RDWY
PARKED MOTOR VEHICLE
BICYCLE
FIXED OBJECT
OTHER OBJECT y -
NOT STATED
TOTAL:
I-SWITRS Reports Page 1 of 1
City of Exeter
Agenda Item Transmittal
Meeting Date: July 12, 2022
For action by:
Agenda Item Number: F2 X City Council
Wording for Agenda: Consideration of adoption of Resolution Regular Session:
Consent Calendar
2022-28 to Place a Measure on the November 8, 2022 Ballot to X Regular Item Consider Cannabis-Related Excise Tax. _ Public Hearing
Submitting Department: City Attorney's Office Review:
Contact Name: Julia M. Lew, City Attorney City Administrator Phone Number: 559.734.6729 (Initials Required)
Email: [email protected]
Department Recommendation:
That the City Council approve Ordinance 706 for submission to its Electorate, and adopt Resolution 2022-28 submitting the ballot measure and ordinance enacting a Cannabis Business Tax for consideration by the voters of the City of Exeter at the November 8, 2022 general election, and ordering consolidation of the election with the General Municipal Election held on that date.
Summary/Background:
In accordance with City Council direction, a draft Ordinance has been developed enacting a Cannabis Business Tax, and a Resolution submitting a ballot measure to the voters of the City of Exeter.
If approved by the voters, the proposed measure would enact a maximum tax rate of $25 per square foot (permitted to be annually adjusted by the applicable CPI) or 10% of annual gross receipts. The full text of the proposed Ordinance is attached to the Resolution.
Fiscal Impact: Minor cost related to updating the City's ordinances. (If ultimately approved by the City Council) costs to place a tax measure on the November 8, 2022 general election ballot.
Prior Council/Board Actions: Review of draft Ordinance at the June 28, 2022 City Council Meeting.
Attachments: Resolution 2022-28, A Resolution of the City Council of the City of Exeter Submitting a Measure to the Voters at the General Election of November 8, 2022, to Adopt an Ordinance Adding Chapter 3.25 to Title 3 of the City of Exeter Code of Ordinances Enacting a Cannabis Business Tax; Requesting the Assistance of the County of Tulare in Connection with that Election; and Requesting Consolidation of that Election with any other Election Held on that Date.
Recommended motion to be made by Council/Board: I move to direct staff to either; 1) Take no action; OR
2) Approve Ordinance 706 for submission to its Electorate, and adopt Resolution 2022-28 submitting the ballot measure and ordinance enacting a Cannabis Business Tax for consideration by the voters of the City of Exeter at the November 8, 2022 general election, and ordering consolidation of the election with the General Municipal Election held on that date RESOLUTION 2022-28
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EXETER SUBMITTING A MEASURE TO THE VOTERS AT THE GENERAL ELECTION OF NOVEMBER 8, 2022, TO ADOPT AN ORDINANCE ADDING CHAPTER 3.25 TO TITLE 3 OF THE CITY OF EXETER CODE OF
ORDINANCES ENACTING A CANNABIS BUSINESS TAX
WHEREAS, Sections 37101 and 37100.5 of the California Government Code authorize the City to levy a license tax, for revenue purposes, upon business transacted in the City; and WHEREAS, as a result of recent voter-approved changes to state law, there has been a very strong interest by cannabis businesses to operate in the City; and WHEREAS, if the City were to approve the permitting of cannabis businesses, those businesses would create demands upon City services that would not be covered by the fees paid by such businesses for operating permits, and the City is not currently authorized to impose any taxes on cannabis businesses; and
WHEREAS, the City Council desires to seek to impose a business license tax upon cannabis businesses, should the City Council authorize the operation of such businesses, to be known as the "Cannabis Business Tax"; and
WHEREAS, the Cannabis Business Tax cannot be imposed without voter approval; and WHEREAS, the City Council desires to submit a Cannabis Business Tax measure to the voters of the City of Exeter at the General Municipal Election to be held on Tuesday, November 8, 2022, and to be consolidated with any other election to be held on that date; and WHEREAS, the proposed Cannabis Business Tax is more completely described in the ordinance attached hereto as Attachment A and incorporated herein by reference (the Tax Ordinance"); and
WHEREAS, by its Resolution 2022-28, adopted on July 12, 2022, the City Council called a General Municipal Election for November 8, 2022 ("Election"); and WHEREAS, pursuant to Government Code Section 53724 and Election Code Section 9222, the City Council desires to submit the Ordinance to the voters of the City.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Exeter, as follows:
SECTION 1. Findings: The City Council finds and determines that each of the findings set forth above are true and correct.
SECTION 2. General Tax Election. The City Council proposes to impose the Cannabis Business Tax, a general tax set forth in the attached Ordinance, and to present this proposal to the voters on November 8, 2022.
SECTION 3. Election. The City Council hereby calls a Municipal Election for Tuesday, November 8, 2022, (the "Election") and orders, pursuant to California Elections Code Section 9222, that the Tax Ordinance be submitted to the voters at that election.
Revolution 2022-28
Cannabis Business Tas
SECTION 4. Ballot Question/Measure. The City Council also hereby orders the following question to be submitted to the voters at the Election, which shall appear on the ballot as follows:
"Voters in California voted to impose state taxes on licenses cannabis businesses. Shall Ordinance No. _be enacted, imposing a local general tax on cannabis businesses at a rate not exceeding $25 per square foot (annually adjusted by CPI) or 10% of gross receipts, to maintain public safety and general City services for Exeter residents; generating undetermined revenue until repealed?" Yes or No
SECTION 5. Approval. Pursuant to Section 2(b) of Article XIII A of the California Constitution, this measure requires approval by a majority to those casting ballots on the measure.
SECTION 6. Consolidation. Pursuant to Section 10400 et seq. of the California Elections Code, the Board of Supervisors of Tulare County is requested to consolidate the Election with other elections held on the same day in the same territory or in the territory that is in part the same.
SECTION 7. Canvass. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the California Elections Code.
SECTION 8. Conduct of Election/Request for County Services. Pursuant to Section 10002 of the California Elections Code, the Council of the City of Exeter hereby requests the Board of Supervisors of Tulare County to permit the Registrar of Voters to render services to the City of Exeter relating to the conduct of Exeter's General Municipal Election and Special Elections which are called to be held on Tuesday, November 8, 2022. The services shall be of the type normally performed by the Registrar of Voters in assisting the clerks of municipalities in the conduct of elections including, but not limited to, checking registrations, mailing ballots, hiring election officers and arranging for polling places, receiving absentee voter ballot applications, mailing and receiving absent voter ballots and opening and counting same, providing and distributing election supplies and furnishing voting machines. The City agrees to reimburse the County for said services, in accordance with current County pro-rations and allocation procedures.
SECTION 9. Transmittal of Resolution to the County. The City Clerk is hereby directed to submit forthwith a certified copy of this resolution to the County Clerk/Tulare County Board of Supervisors and to the Registrar of Voters.
SECTION 10. Impartial Analysis. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney/City Clerk shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the Registrar of Voters on or before August 12, 2022.
SECTION 11. Ballot Arguments. Pursuant to Elections Code Section 9286 et seq., August 12, 2022, at 5:00 p.m. shall be the deadline for submission of arguments in favor of, and arguments against, any local measures on the ballot. If more than one argument for and/or against is received, the priorities established by Elections Code Section 9287 shall control.
Resolution 3022-29
Cannabis Business Tas
Pageant:
SECTION 12. Rebuttal Arguments. The provisions of Elections Code Section 9285 shall control the submission of any rebuttal arguments. The deadline for filing rebuttal arguments shall be August 22, 2022, at 5:00 p.m.
SECTION 13. Effective Date. This Resolution shall be effective immediately upon adoption.
SECTION 14. Certification. The City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 12TH day of July, 2022, by the following AYES:
NOES:
ABSTAIN:
ABSENT:
Barbara Sally, Mayor
ATTEST:
Shonna Oneal, City Clerk
By: Hilary Robello, Deputy City Clerk
ORDINANCE 706
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EXETER
ADDING CHAPTER 3.25 TO TITLE 3 OF THE CITY OF EXETER
CODE OF ORDINANCES ENACTING A CANNABIS BUSINESS TAX
THE PEOPLE of the City of Exeter do ordain as follows:
Section 1. PURPOSE. The provisions of this ordinance are necessary for the safety of the public and for the preservation of city services for the residents of the City of Exeter ("City"). By adopting Resolution 2022-28, the City Council authorized placing this ordinance before the voters of the City of Exeter at an election to be held on November 8, 2022.
Section 2. CODE ADOPTION. Chapter 3.25, Sections 3.25.010 through 3.25.320, is hereby added to Title 3 of the Code of Ordinances of the City of Exeter to read in its entirety as follows:
Title 3
Chapter 3.25 CANNABIS BUSINESS TAX
3.25.010 Cannabis Business Tax
The cannabis business tax is an excise tax on the privilege of engaging in cannabis business activity in the City; it is not a sales or use tax. All of the proceeds from the tax imposed by this Chapter shall be placed in the City's general fund and used for general governmental purposes.
3.25.020 Definitions
"Applicant" means a person who is required to file an application for a permit under this section. "Business Owner" means the owners) of the Cannabis Business. For publicly traded companies, owner means the chief executive officer or any person or entity with an aggregate ownership interest of 5% or more. For all other businesses other than publicly traded companies, an owner is an individual that has an aggregate ownership of interest other than a lien or encumbrance, of 20% or more in the commercial cannabis business.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. "Cannabis" also means cannabis or marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972, and amended by the California Control, Regulate and •Tax Adult Use of Cannabis Initiative, and as defined by other applicable State law.
"Cannabis business" or "cannabis industry" means any business activity in the City relating to cannabis, including but not limited to cultivation (including nurseries), transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage,
packaging, delivery and sales (wholesale and/or retail sales) of cannabis or cannabis products, whether or not carried on for gain or profit. A cannabis business does not include any business whose only relationship to cannabis or cannabis products is the production or sale of cannabis accessories.
"Cannabis cultivation area" means the total aggregate area(s) of cannabis cultivation by a cannabis business as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the dripline of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, excluding non-production areas, as determined by the Community Development Director or his or her designee.
"Cannabis business tax" means the tax due pursuant to this Chapter for engaging in cannabis business in the City.
"Cannabis nursery" means a Person who produces Cannabis clones, immature plants, and/or seeds for wholesale distribution, used specifically for the planting, propagation, and Cultivation of Cannabis. In addition, and without limiting the foregoing, "nursery" includes "nursery" as defined in California Business and Professions Code Section 19300.5 and any successor statute, as may be adopted or amended from time to time.
"Cannabis product" means any product containing cannabis, including, but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles and those products described in Section 11018.1 of the Health and Safety Code.
"Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether the areas are contiguous or noncontiguous. The plant canopy need not be contained to a single parcel of land in determining the total square footage that will be subject to tax under this Chapter. If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. "City" means the City of Exeter, either the entity or its territorial limits, as the context requires. "City Council" or "Council" means the City Council of the City of Exeter. "City Permit" means any permit issued by the City to Person to authorize that Person to operate or engage in a Commercial Cannabis Business.
"Collector" means the City's Chief Financial Officer or his or her designee. "Commercial cannabis cultivation" means cultivation conducted by, for, or as part of a cannabis business. Commercial cannabis cultivation does not include personal medical cannabis cultivation, or cultivation for personal recreational use as authorized under the "Control,
Regulate and Tax Adult Use of Marijuana Act" approved by the State's voters on November 8, 2016, for which the individual receives no compensation whatsoever. "Commercial Cannabis Business" or "Cannabis Business" or "Cannabis Operation" means any commercial marijuana activity allowed under State Law and the implementing regulations, as State Law and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted State law pertaining to the same or similar uses for recreational cannabis.
"Cannabis production" means the processes associated with the processing, extraction, manufacturing, testing, distribution and transportation of medical and non-medical cannabis products.
"Commingling" means the physical aggregation of harvest batches or nonmanufactured cannabis products by a licensee.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Cultivation" also includes nurseries. In addition, and without limiting the foregoing, "cultivation" includes "cultivation" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted and amended from time to time.
"Delivery" means the commercial transfer of marijuana cannabis or marijuana cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this division that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
"Delivery employee" means an individual employed by a licensed dispensary who delivers medical cannabis goods from the licensed dispensary premises to a medical cannabis patient or primary caregiver at a physical address.
"Dispensary" means a facility where cannabis or cannabis products, are offered, either individually or in combination, for retail sale, including an establishment that engages in delivery of cannabis or cannabis products as part of a retail sale. In addition, and without limiting the foregoing, "dispensary" includes "dispensary" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted or amended from time to time.
"Distributor" means a person engaged in procuring cannabis from a cultivator, and/or procuring cannabis products from a manufacturer, for sale to a licensed commercial cannabis business. In addition, and without limiting the foregoing, "distributor" includes "distributor" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted or amended from time to time.
"Distribution" means the procurement, sale, and transport of cannabis or cannabis products between licensees, or the involvement in the procurement, sale, and/or transport of cannabis and cannabis products between two or more cannabis businesses. "Employee" means each and every person engaged in the operation or conduct of any cannabis business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such cannabis business for a wage, salary, commission, barter or any other form of compensation. "Gross Receipts," means the total amount or compensation received or receivable from all sales; the total amount or compensation actually received or receivable for the performance of any act or service, or whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise; discounts, rents, royalties, fees, commissions, dividends and gains realized from trading in stocks or bonds, however designated. Included in "Gross Receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction there from an account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom:
1. Cash discounts where allowed and taken on sales;
2. Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as gross receipts;
3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
4. Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;
5. Receipts from investments where the holder of the investment received only interest and/or dividends, royalties, annuities and gains from the sale or exchange of stock or securities solely for a Person's own account, not derived in the ordinary course of a business;
6. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;
7. Cash value of sales, trades or transactions between departments or units of the sale business;
8. Wherever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected they shall be included in the amount of gross receipts for the period when they are recovered;
9. Transactions between a partnership and its partners;
10. Receipts from services or sales in transactions between affiliated corporations. An affiliated corporation is a corporation:
1. The voting and non-voting stock of which is owned at least eighty percent (80%) of such other corporation with which such transaction is had; or
2. Which owns at least eighty percent (80%) of the voting and non-voting stock of such other corporation; or
3. At least eighty percent (80%) of the voting and nonvoting stock of which is owned by a common parent corporation which also has such ownership of the corporation with which such transaction is had
11. Transactions between a limited liability company and its members), provided the limited liability company has elected to file as a Subchapter K entity under the Internal Revenue Code and that such transaction(s) shall be treated the same as between a partnership and its partners) as specified in Subsection 9 above;
12. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of one dollar ($1.00);
13. Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the Finance Department with the name and addresses of the others and amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees. "Indoor cultivation" means the cultivation of cannabis within a structure using artificial light, at a rate greater than 25 watts per square foot.
"Manufacturer" means a person who conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or that packages or repackages cannabis or cannabis products or labels or re-labels its container. In addition, and without limiting the foregoing, "manufacturer" includes "manufacturer" as defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted or amended from time to time. "Mixed-light cultivation" means the cultivation of cannabis using light deprivation and/or artificial lighting below a rate of 25 watts per square foot, and/or the Cultivation of cannabis using any combination of natural and supplemental artificially lighting. Greenhouses, hoop houses, hot houses and similar structures or light deprivation systems are included in this category.
"Nursery" means a person who produces cannabis clones, immature plants, and/or seeds for wholesale distribution, used specifically for the planting, propagation, and cultivation of cannabis. In addition, and without limiting the foregoing, "nursery" includes "nursery" as defined in California Business and Professions Code section 19300. 5 and any successor statute, as may be adopted or amended from time to time.
"Operator" means the Business Owner and any other person designated by the Business Owner as responsible for the day to day Cannabis business operation. "Person means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, syndicate tribe or any other group or combination acting as a unite and includes the plural as well as the singular member." "Personal medical cannabis cultivation" means cultivation, by either a qualified patient who cultivates cannabis exclusively for his or her personal medical use or by a caregiver who cultivates cannabis exclusively for medical use by qualified patients and who is exempt from State licensing requirements under the State Medical Cannabis Regulation and Safety Act. "Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous. "Responsible Party" shall mean the Business Owner, Operator, managers), and any employee having significant control over the cannabis businesses operations. "Sale" means and includes any sale, exchange, or barter. "Square Foot" or "Square Footage" means the maximum amount of Cannabis Cultivation Area for Commercial Cannabis Cultivation authorized by a City Permit issued to a person engaging in a Commercial Cannabis Business, or by a state license in the absence of a City permit or license, not deducting for unutilized square footage, and shall be the basis for the tax base for Cultivation.
"State" means the State of California.
"State Law" means all regulations and laws pertaining to Cannabis Business in the State of California.
"State license," means a State license issued pursuant to California Business & Professions Code Sections 19300, et seq. or other applicable State law.
"Testing means a laboratory, facility, or entity in the State, that offers or performs tests of cannabis or cannabis products and that is both of the following: 1) Accredited by an accrediting body that is independent from all other persons involved in commercial marijuana cannabis activity in the State. 2) Registered with Licensed by the State Department of Public Health. "Transport" means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to this chapter. "Transporter" means a person issued all required state and City permits to transport cannabis or cannabis products between permitted facilities.
3.25.030 Tax Authorization and Operative Date
Beginning January 1, 2023, a cannabis business tax is hereby imposed on every person who is engaged in cannabis business in the City as prescribed herein. It is unlawful for any person to transact or carry on any cannabis business in the City without paying, in accordance with this Chapter, the cannabis industry tax imposed by this section. The intent of this Chapter is to levy a tax on all cannabis businesses that operate in the City, regardless of whether such business would have been legal at the time the ordinance codified in this chapter was adopted. Nothing in this chapter shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken, including but not limited to the City's municipal code regulations. Nothing in this chapter shall be construed as to alter the City's regulatory requirements or conditions under which a cannabis business may operate in accordance with Chapter 8.50 of Title 8 or any other regulatory requirements as set forth in the Code of Ordinances, or the land use requirements and conditions set forth in the Exeter Development Ordinance.
3.25.040 Tax Imposed
A. Tax on Commercial Cannabis Businesses
1. Every Person who is engaged in a Commercial Cannabis Business in the City shall pay an annual Commercial Cannabis Business tax at a rate established by resolution of the City Council which rate shall not exceed $25 per square foot (with a permitted annual adjustment by the applicable Consumer Price Index) of Commercial Cannabis Business area or ten percent (10%) of annual gross receipts per fiscal year. The exact amount of the tax and the methodology of calculation shall be set by the City Council by resolution but shall not exceed the maximums approved by the voters of $25 per square foot (with a permitted annual adjustment by the Consumer Price Index), or 10% of annual gross receipts. The City Council may lower and raise the tax rate without voter approval, subject to the maximum rates approved by the voters. Tax rates for various licenses may vary in rate and methodology between license types, but shall be consistent for all Persons who hold a particular type of license.
2. The taxable square footage calculation shall be determined by including all portions of the premises where the Commercial Cannabis Business operates deducting therefrom driveways, sidewalks, landscaping, vacant unused space, areas used exclusively for office space, employee break rooms, restrooms, and storage space unrelated to the Commercial Cannabis Businesses.
3. If more than one cannabis business operates on the premises, each Person shall be responsible for paying the tax. This section shall not be construed to authorize the operation of more than one cannabis business on the premises, if otherwise prohibited by City regulations).
4. Persons subject to the tax imposed by this Section shall also register and pay all fees required by the City Council.
B. No further voter approval shall be required for the adoption or increase of a tax under the authority granted by this Section of this Chapter, it being the intent of the People of the City of Exeter to authorize such a tax up to and including the maximum rates set forth above whenever implemented by the City Council hereafter.
3.25.050 Registration of Cannabis Business
All persons engaging in a cannabis business, whether an existing, newly established or acquired business, shall, in addition to any other requirements prescribed by this Code, register with the Collector by the later of 30 days after commencing operation or January 1, 2023, and shall annually renew such registration as required by the Collector. Each Person shall be required to submit any information as deemed necessary by the Collector.
3.25.060 Reporting and Remittance of Tax
The cannabis business tax imposed by this Chapter shall be due and payable as follows:
A. Each person subject to tax under this chapter, except a cannabis tax based on a square footage, shall, on or before the last day of the month following the close of each calendar quarter, prepare and submit a tax return and remit to the Collector the tax due for that quarter. At the time the return is filed, the full amount of the tax due for the prior quarter shall be remitted to the Collector. At any time, a business may apply in writing to the Collector to have these tax returns and payments made less frequently or on a different schedule. Any determination resulting from this application will be at the sole discretion of the Collector and shall be provided in writing.
B. Each person subject to a cannabis tax based upon square footage shall, on or before the last day of the month following the close of each calendar quarter, prepare and submit a tax return and remit to the Collector the tax due for that quarter. The tax shall be calculated in accordance with rules and regulations established by the Collector pursuant to 3.25.130. The tax return may include a request for adjustment of the tax due to crop loss or periods without cultivation, along with evidence substantiating the crop loss or fallow periods. If the cultivation begins significantly after January 1 or terminates significantly before December 31 of the calendar year, a request to prorate the tax may be submitted with clear and convincing evidence supporting the timing of the cultivation. The decision to prorate or adjust the tax will be made at the sole discretion of the Collector. At the time the return is filed, the full amount of the tax due for the prior quarter shall be remitted to the Collector. At any time, a business may apply in writing to the Collector to have these tax returns and payments made less frequently or on a different schedule. Any determination resulting from this application will be at the sole discretion of the Collector and shall be provided in writing.
C. All tax returns shall be completed on forms prescribed by the Collector.
D. Tax returns and payments for all outstanding taxes owed to the City under this Chapter are immediately due and payable to the City of Exeter upon cessation of business for any reason.
E. The Collector may, as part of administering the tax and in his or her discretion, modify the form of payment and take such other administrative actions as needed to facilitate the collection of the tax.
3.25.070 Payments and Communications - Timely Remittance Whenever any payment, return, report, request or other communication is due under this Chapter, it must be received by the Collector on or before the due date. A carrier postmark will not be accepted as timely remittance. If the due date falls on Saturday, Sunday or a City holiday, the due date shall be the next regular business day on which the City is open to the public.
3.25.080 Payment - When Taxes Deemed Delinquent
Unless otherwise specifically provided under other provisions of this Chapter, the taxes required to be paid pursuant to this Chapter shall be deemed delinquent if not received by the City of Exeter on or before the due date as specified in Section 3.25.060.
3.25.090 Notice Not Required by City
The City of Exeter is not required to send a delinquency or other notice or bill to any person subject to this Chapter. Failure to send such notice or bill shall not affect the validity of any tax or penalty or interest due under this Chapter.
3.25.100 Waivers of Penalties
The Collector may waive the penalties imposed upon any person if:
A. The person provides evidence satisfactory to the Collector that failure to pay timely was due to circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, and the person paid the delinquent cannabis industry tax and accrued interest owed the City before applying to the Collector for a waiver.
B. The waiver provisions specified in this subsection shall be granted only once during any twenty-four (24) month period.
3.25.110 Refunds
A. Whenever the amount of any Commercial Cannabis Business Tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this Chapter, it may be refunded to the claimant who paid the tax provided that a written claim for refund is filed with the Collector within one (1) year of the date the tax was originally due and payable. Prior to seeking judicial relief with respect to a dispute regarding the amount of any tax, penalty, or interest collected or received by the city under this Chapter, an aggrieved taxpayer, fee payer, or any other person must comply with the provisions of Chapter 1.18 of this code.
B. The Collector, his or her deputies, or any other City officer charged with the administration of this Chapter shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the Collector to do so. The Collector may collect a fee adopted by the City Council to pay for the cost of examination and audit should the books and records be provided in a form insufficient to allow the Collector to make a determination on the claim for refund
C. In the event that the Commercial Cannabis Business Tax was erroneously paid and the error is attributable to the City, the City shall refund the amount of tax erroneously paid up to one (1) year from when the error was identified.
3.25.120 Exemptions from the Tax
A. The provisions of this Chapter shall not apply to Personal Cannabis Cultivation.
B. The provisions of this Chapter shall not apply to Personal use of Cannabis that is specifically exempted from state licensing requirements, that meets the definition of Personal use or equivalent terminology under state law, and for which the individual receives no compensation whatsoever related to that Personal use.
3.25.130 Administration of the Tax
A. It shall be the duty of the Collector to collect the taxes, penalties and/or fees, and perform the duties required by this Chapter.
B. For purposes of administration and enforcement of this Chapter generally, the Collector may from time to time promulgate such administrative rules and procedures consistent with the purpose, intent, and express terms of this Chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement.
C. The Collector may take such administrative actions as needed to administer the tax, including but not limited to:
1. Provide to all Commercial Cannabis Business taxpayers forms for the reporting of the tax;
2. Increase tax rates in accordance with this Chapter;
3. Provide information to any taxpayer concerning the provisions of this Chapter;
4. Receive and record all taxes remitted to the City as provided in this Chapter;
5. Maintain records of taxpayer reports and taxes collected pursuant to this Chapter;
6. Assess penalties and interest to taxpayers pursuant to this Chapter;
7. Determine amounts owed and enforce collection pursuant to this Chapter; and
8. Adopt rules and regulations no inconsistent with the provisions of this Chapter as may be necessary or desirable to aid in the implementation and enforcement of the provisions of this Chapter.
3.25.140 Enforcement
A. Any taxes, penalties and/or fees required to be paid under the provisions of this Chapter shall be deemed a debt owed to the City. Any Person owing money to the City under the provisions of this Chapter shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this Section shall not be deemed a limitation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, penalties and/or fees imposed by this Chapter or the failure to comply with any provisions of this Chapter.
B. In addition to any other remedies available under federal, state, or local law, if any amount required to be paid to the County under this Chapter is not paid when due, the Collector may, within three (3) years after the amount is due, record a certificate of lien specifying the amount of taxes, fees and penalties due, and the name and address of the Person as it appears on the records of the Collector. The lien shall also specify that the Collector has complied with all provisions of this Chapter in the determination of the amount required to be paid. From the time of the filing of the record, the amount required to be paid, together with penalties thereon, constitutes a lien upon all real property in the County owned by the Person, or subsequently acquired by the Person before the lien expires. The lien has the force, effect and priority of a judgment lien and shall continue for ten (10) years from the filing of the certificate unless sooner released or otherwise discharged. A fee may be adopted by the City Council and collected by the Collector to pay for the cost of recording and administering the lien.
C. At any time within three (3) years after any Person is delinquent in the payment of any amount herein required to be paid or within three (3) years after the last recording of a certificate of lien under Subsection B of this Section, the Collector may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the City under this Chapter. The warrant shall be directed to the Chief of Police and shall have the same effect as a writ of execution. The warrant shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy and sale pursuant to a writ of execution. The Collector may pay or advance to the Chief of Police, the same fees, commissions and expenses for service provided by law for similar services pursuant to a writ of execution. The Collector may approve the fees for publication in the newspaper.
D. At any time within three (3) years after recording a lien against any Person, if the lien is not discharged and released in full, the Collector may forthwith seize any asset or property, real or Personal (including but not limited to, bank account), of the Person and sell at public auction the asset or property, or a sufficient part of it to pay the amount due together with any penalties and interest imposed for the delinquency and any cost incurred on account of the seizure and sale.
Assets or property of the Person subject to seizure and sale subject to this Chapter shall not include any assets or property which is exempt from execution under the provisions of the California Code of Civil Procedure.
3.25.150 Apportionment
If a cannabis business subject to a cannabis industry tax is operating both within and outside the City, it is the intent of the City to apply the cannabis industry tax so that the measure of the tax fairly reflects the proportion of the taxed activity actually carried on within the City.
3.25.160 Construction
This tax is intended to be applied in a manner consistent with the ~ United States and California Constitutions, State and local law. None of the tax provided for by this Chapter shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other provision of the California Constitution, State or local law.
3.25.170 Audit and Examination of Records and Equipment A. The Collector shall have the power to audit and examine all books and records of any person engaged in cannabis business in the City, including both State and federal income tax returns, California sales tax returns, or other evidence documenting the gross receipts of persons engaged in cannabis business, and, where necessary, all equipment of any person engaged in cannabis business in the City, for the purpose of ascertaining the amount of cannabis business tax, if any, required to be paid under this Chapter, and for the purpose of verifying any statements or any item thereof when filed by any person pursuant to this Chapter. If such person, after written demand by the Collector, refuses to make available for audit, examination or verification such books, records or equipment as the Collector requests, the Collector may, after full consideration of all information within his or her knowledge concerning the cannabis business and activities of the person so refusing, make an assessment against the cannabis business of the taxes estimated to be due under this Chapter.
B. It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this Chapter to keep and preserve, for a period of at least five (5) years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Collector shall have the right to inspect at all reasonable times.
3.25.180 Other Licenses, Permits, Taxes, Fees, or Charges Except as expressly provided in this Chapter, nothing contained in this Chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any provision of any other title or Chapter of this Code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other title or Chapter of this Code or any other ordinance or resolution of the City. Any references made or contained in any other title or Chapter of this Code to any permits, licenses, taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the
permits, licenses, taxes, fees or charges, or schedule of license fees, provided for in other titles or Chapters of the Exeter Code of Ordinances unless otherwise expressly provided.
3.25.190 Change of Ownership/Successor's and Assignee's Responsibility A. If any Person, while liable for any amount under this Chapter, sells, assigns or otherwise transfers the Commercial Cannabis Business, whether voluntarily or involuntarily, the Person's successor, assignee or other transferee, or other Person or entity obtaining ownership or control of the business ("Transferee"), shall satisfy any tax liability owed to the City associated with the business when due hereunder. Failure to do so for the benefit of the City will result in being personally liable to the City for the full amount of the unpaid tax liability, interest and penalties.
The Transferee shall notify the Collector of the date of transfer at least 30 days before the transfer date; or if the agreement to sell, transfer, or otherwise dispose of the business was made less than 30 days before the date of transfer, notice shall be provided immediately upon the existence of the agreement. All Transferees are required to meet each and every condition outlined in this chapter and have prior written approval of the City prior to the transfer.
B. The Transferee shall be deemed to have complied with the requirement of this section to satisfy the unpaid tax liability if the Transferee complied with the requirements of California Revenue and Taxation Code Section § 7283.5 by withholding from the purchase price, for the benefit of the City, an amount sufficient to cover the tax liability, or by otherwise paying the tax liability and obtaining from the Collector a "Tax Clearance Certificate" showing that all outstanding tax liability has been paid and stating that no amount is due through the date of transfer.
C. The Collector, within 90 days of receiving a written request from the Transferee, may issue a "Tax Clearance Certificate" stating either the amount of tax liability due and owing for the business, or stating that there is no tax liability due and owing for the business through a stated date. The Collector may also request financial records from the current or former owner or operator of a Commercial Cannabis Business to audit the tax that may be due and owing. The Collector shall issue a "Tax Clearance Certificate" within 30 days of completing the audit, state the amount of the tax liability owed, if any, unless the Collector determines that the records provided in connection with the audit are insufficient to determine whether taxes are due and owed or in what amount. If the Collector determines that the records are insufficient, the Collector may rely on the facts and information available to estimate any tax liability. The Collector may issue a "Tax Clearance Certificate" stating the amount of the tax liability, if any, based on such facts and information available. Unless an appeal is filed in accordance with Section 3.25.250, the "Tax Clearance Certificate" shall serve as conclusive evidence of the tax liability associated with the property through the date stated on the "Tax Clearance Certificate."
3.25.200 Payment of Tax Does Not Authorize Unlawful Business A. The payment of a tax required by this Chapter, and its acceptance by the City, shall not entitle any person to engage in any cannabis business unless the person has complied with all of the requirements of this Code and all other applicable State or local laws.
B. No tax paid under this Chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any State or local laws.
3.25.210 Deficiency Determinations
If the Collector is not satisfied that any tax return or other statement filed as required under this Chapter is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the facts contained in the tax return or statement or any information in his or her possession or that may come into his or her possession within three (3) years of the date the tax was originally due and payable, or such later date as allowable by law. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a business, a deficiency determination may be made at any time within three (3) years thereafter, or such later date as allowable by law, as to any liability arising from engaging in such business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due.
Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given in accordance with this Code.
3.25.220 Failure to Report-Nonpayment
A. Under any of the following circumstances and at any time, the Collector may make and give notice of an assessment of the amount of tax owed by a person under this Chapter:
1. If the person has not filed a complete return or statement required under this Chapter;
2. If the person has not timely paid any tax, fee, interest and/or penalties due under of this Chapter; or
3. If the person has not, after demand by the Collector, filed a corrected return or statement, or furnished to the Collector adequate substantiation of the information contained in a return or statement filed previously.
B. The notice of assessment shall separately set forth the amount of any tax, fee, interest and/or penalties known by the Collector to be due or estimated by the Collector, after consideration of all information within the Collector's knowledge concerning the business and activities of the person assessed, to be due under each applicable section of this Chapter.
3.25.230 Tax Assessment - Notice Requirements
The notice of assessment shall be served upon the person liable for the tax under this Chapter either by personal delivery, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Collector for the purpose of receiving notices provided under this Chapter; or, should the person have no address registered with the Collector for such purpose, then to such person's last known address. For the purposes of this section, a service by mail is complete at the time of deposit in the United States mail.
3.25.240 Tax Assessment - Hearing, Application, and Determination Within ten (10) calendar days from the date of service, the Person may apply in writing to the Collector for a hearing on the assessment. If application for a hearing before the City is not made within the time here prescribed, the tax assessed by the Collector shall become final and conclusive. Within thirty (30) business days of the receipt of any such application for hearing, the Collector shall cause the matter to be set for hearing before him or her not later than thirty- five (35) business days after the receipt of the application, unless a later date is agreed to by the Collector and the Person requesting the hearing. Notice of such hearing shall be given by the Collector to the Person requesting such hearing not later than five (5) business days prior to such hearing. At such hearing said applicant may appear and offer evidence why the assessment as made by the Collector should not be confirmed and fixed as the tax due. After such hearing, the Collector shall determine and reassess the proper tax to be charged and shall give written notice to the Person in the manner prescribed in Section 3.25.230 for giving notice of assessment. The amount determined to be due shall be payable after thirty (30) calendar days of written notice unless it is appealed pursuant to the Appeal Procedure set forth in this Chapter.
3.25.250 Appeal Procedure
Any taxpayer aggrieved by any decision of the Collector with respect to the amount of tax, fee, interest and penalties, if any, due under this Chapter may appeal to the City Administrator by filing a written appeal with the Clerk of the Exeter City Council within fifteen (15) calendar days of the mailing of the decision or determination. The Clerk shall schedule the appeal and give fifteen (15) business days' written notice to the appellant of the time and place of hearing by serving the notice personally or by depositing in the United States Post Office in the City, postage prepaid, addressed as shown on the appeal papers or, if none, such other address as is known to the City or, absent any address, by publication in a newspaper of general circulation in the City. The City Administrator or designee shall have authority to determine all questions rose on such appeal. No such determination shall conflict with any substantive provision of this Chapter. The finding of the City Administrator shall be final and conclusive as to the City, but subject to judicial review under California Code of Procedure Section 1094.5 and shall be served upon appellant in the manner prescribed by this Chapter for service of notice of tax assessment
hearing. Any amount found to be due shall be immediately due and payable upon service of the notice.
3.25.260 Conviction for Chapter Violation -Taxes not Waived The conviction and punishment of any person for failure to pay a required tax, fee, penalty and/or interest under this Chapter shall not excuse or exempt such person from any civil action for the amounts due under this Chapter. No civil action shall prevent a criminal prosecution for any violation of the provisions of this Chapter or of any State law requiring the payment of all taxes.
3.25.270 Violation Deemed Misdemeanor
Any person who violates any provision of this Chapter or who other than by a sworn statement, knowingly or intentionally misrepresents to any officer or employee of the City any material fact herein required to be provided is guilty of a misdemeanor punishable as provided in this Code. A person who on a sworn statement states as true a material fact that he or she knows to be false is guilty of perjury.
3.25.280 Suspension of Collection
The City Council shall have authority to temporarily suspend collection of the tax imposed by this chapter by resolution unanimously approved by all members of the entire City Council.
However, the authority to levy the tax imposed by this Chapter shall not expire or otherwise terminate, unless terminated by a duly enacted Ordinance which is approved at a regular meeting of, and by unanimous vote of all of the seats on, the City Council.
3.25.290 Severability
If any provision of this Chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Chapter or the application of this Chapter to any other person or circumstance and, to that end, the provisions hereof are severable.
3.25.300 Remedies Cumulative
All remedies prescribed under this Chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.
3.25.310 Amendment or Repeal
As provided in California Elections Code Section 9217, this Chapter may be repealed or amended by Ordinance of the Exeter City Council without a vote of the People except that, as required by Article XIIIC of the California Constitution, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this Chapter above the
maximum rates established by this Chapter. The people of the City of Exeter additionally affirm that the following actions shall not constitute an increase of the rate of a tax:
1. The restoration of the rate of the tax to a rate that is no higher than that set by this Chapter, if the City Council has acted to reduce the rate of the tax;
2. An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification ( even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Chapter; or
3. The collection of the tax imposed by this Chapter, even if the City had, for some period of time, failed to collect the tax; or
4. The establishment of a class of Persons that is exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specitically set forth in this Chapter); or The City Council's adoption of an Ordinance, as authorized by this Chapter, to raise the tax rate provided that the rate is not increased to a rate higher than the maximums established herein.
3.25.320 Penalties
Any entity that fails to pay the taxes or fees required by this chapter within fifteen ( 15) days after the due date shall pay in addition to the taxes a penalty for nonpayment in the sum equal to twenty-five percent (25%) of the total amount due. Additional penalties will be assessed in the following manner: ten percent (10%) shall be added on the first day of each calendar month following the month of the imposition of the twenty-five percent (25%) penalty if the tax remains unpaid - up to a maximum of one hundred percent (100%) of the tax payable on the due date. Receipt of the tax payment by the City shall govern the determination of whether the tax is delinquent. Postmarks will not be accepted as adequate proof of a timely payment.
Section 3. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15060(c)(2), 1506l(b)(3) and 15378(b)(2) and (4). The City Administrator or his designee is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].
Section 4. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Exeter, or any official, employee or agent thereof.
Section 5. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Exeter hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more of other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 7. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Exeter Code of Ordinances as amended by this ordinance, if any, are substantially the same as provisions in the Exeter Code of Ordinances existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 8. EFFECTIVE DATE. Pursuant to Elections Code § 9217, this ordinance shall be deemed adopted on the date when the final vote is declared by the City Council and this ordinance shall go into effect ten (10) days after that date, contingent upon approval by a majority of the voters voting on the measure in the November 8, 2022 election.
THE FOREGOING ORDINANCE was approved by the City Council of the City of Exeter, State of California, on July 12, 2022, at a regular meeting of said Council duly and regularly convened on said day by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Barbara Sally, Mayor
ATTEST:
Shonna Oneal, City Clerk
By: Hilary Robello, Deputy City Clerk