Agenda packet — Exeter City Council, September 13, 2022

EXETER CITY COUNCIL ACTION MINUTES
AUGUST 23, 2022
A regular session of the City Council, City of Exeter was held on Tuesday, August 23, 2022, at 7:00 p.m., in the Exeter City Council Chambers, 137 North F Street.

COUNCIL PRESENT: Barbara Sally, Frankie Alves, Steve Garver, and Dave Hails COUNCIL ABSENT: Justin Mills
STAFF PRESENT: Adam Ennis, Julia Lew, John Hall, Daymon Qualls, Rainbow Moore, Shonna Oneal, Hilary Robello, Tristan Suire, and Spencer Supinger
A. CALL TO ORDER REGULAR SESSION
Mayor Sally called the regular session to order at 7:01 p.m.

B. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Council Member Garver and an invocation was given by Public Works Director Daymon Qualls.

C. SPECIAL PRESENTATIONS (if any): None
D. PUBLIC COMMENTS:

Ruth Diaz addressed the Council regarding an issue with parking on C Street behind Lincoln School. She wants to help find a solution for safer pick-ups and drop-offs for the children. The school is aware of the issue and stated that it is a city problem.

Michael Germaine addressed the Council providing an update on the dog park, they are working on getting solar lights out there so people can enjoy the park with their dogs in the evenings.

E. CONSENT CALENDAR:

It was moved by Mayor Pro Tem Alves, seconded by Council Member Garver, and carried 4-0 (Council Member Mills absent) that the items on the Consent Calendar be approved as presented with the exception of item #7.

1. Approve Regular Minutes of July 26, 2002, and August 9, 2022

2. Payment of Bills

3. Payroll: August 5, 2022

4. Treasurer's Report: May 2022

5. Adopt Resolution 2022-35 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodie of the City of Exeter through September 22, 2022, Pursuant to Brown Act Provisions (AB 361) due t continued State Declaration of Emergency.

6. Authorize the City Administrator to execute an agreement with 4Creeks of Visalia, CA, in an amount not to exceed $69,500 to update the City's Improvement Standards.

7. Authorize the piggyback of a Sourcewell cooperative purchasing agreement and authorize the City Administrator to execute a purchase agreement with Haaker Equipment Company of La Verne, CA for a Vactor 2112-P-18 Sewer Cleaner (Vactor Truck) in the amount of $519,983.78.

Council Member Garver pulled this item to highlight that this purchase is being funded with ARPA money.

It was moved by Council Member Garver, seconded by Mayor Pro Tem Alves and carried 4-0 (Council Member Mills absent) to approve this item as presented.

8. Authorize the piggyback of a Sourcewell cooperative purchasing agreement and authorize the City Administrator to execute a purchase agreement with RDO Equipment Co. of Fowler, CA for a VX50-800 Vacuum Excavator, manufactured by Vermeer Corporation, in the amount of $141,202.96, and appropriate $15,202.93 evenly across CIP expenditure accounts 109.491.080.006, 107.441.080.011, and 105.461.080.019.

9. Authorize the City Administrator to execute a subrecipient agreement with Self Help Enterprise from August 24, 2022, through July 30, 2025, at a cost paid from the grant funding of 7% of the grant received (Maximum grant amount of $1,000,000) to continue to provide CDBG housing program administration services subject to minor conforming or clarifying changes acceptable to the City Attorney.

10. Adopt Resolution 2022-36 amending the City of Exeter's Conflict of Interest Code for designated employees, commissions and/or agencies and disclosure categories.

ACTION MINUTES

EXETER CITY COUNCIL
PAGE 2, AUGUST 23, 2022

11. Authorize the City Administrator to execute the copier lease agreement renewal with California Business Machines in the amount of $40,010.67 for the period covering from August 23, 2022, to 10/26/2027 (63 Months).

F. INDIVIDUAL BUSINESS ITEMS:

1. Public Hearing to consider an amendment to the Exeter Land Use Element of the General Plan redesignating approximately 8 acres located on S. Kaweah Ave., from the "Industrial" designation to the "Highway Commercial" designation (APNs 135-190-040, 135-190-036, 135-190-037, and 135-190. 039) and introduce and give first reading of Ordinance 707 Amending Title 17 by adding text amendment 17.30.04 C-H to add "RV park" to the conditionally permitted use list of the CH (Highway Commercial) district and Ordinance 708 Amending Title 17 rezoning property located on S. Kaweah Ave., from the I (Industrial) district to the CH (Highway Commercial) district (APNs 135- 190-040, 135-190-036, 135-190-037, and 135-190-039). - Assistant City Planner Tristan Suire provided a report for Council's review and consideration. Mayor Sally opened the public hearing at 7:20 p.m., receiving no public comment, closed the public hearing at 7:21 p.m. Council posed questions Mr. Suire provided a response thereto. Following a brief discussion, it was moved by Mayor Pro Tem Alves, seconded by Council Member Garver, and carried 4-0 (Council Member Mills absent) to introduce and give first reading of Ordinance 707 amending Title 17 by adding text amendment 17.30.04 C-H to add "RV park" to the conditionally permitted use list of the CH (Highway Commercial) district and Ordinance 708 amending Title 17 rezoning property located on S. Kaweah Ave., from the I (Industrial) district to the CH (Highway Commercial) district, read by title only, and waiving further reading in full; and amend the Exeter Land Use Element of the General Plan redesignating approximately 8 acres located on S. Kaweah Ave., from the "Industrial" designation to the "Highway Commercial" designation (APNs 135-190-040, 135-190-036, 135-190-037, and 135-190-039)
Public Hearing to introduce and give first reading of Ordinance 709 amending Title 17 of the Exeter Municipal Code by adding a text amendment to Section 17.26.04-C-S to add "Martial arts studio" to the conditionally permitted use list of the CS (Service Commercial) district. - Assistant City Planner Tristan Suire provided a report for Council's review and consideration. Mayor Sally opened the public hearing at 7:30 p.m., receiving no public comment, closed the public hearing at 7:30 p.m. It was moved by Mayor Pro Tem Alves, seconded by Council Member Garver, and carried 4-0 (Council Member Mills absent) to introduce and give first reading of Ordinance 709 amending Title 17 of the Exeter Zoning Ordinance by adding a text amendment to Section 17.26.04 C-S to add "Martial arts studio" to the conditionally permitted use list of the CS (Service Commercial) district, read by title only, and waiving further reading in full.

Conduct interviews of eligible electors for District A that have submitted letters of interest to serve; and consideration to Adopt Resolution 2022-37 Providing for the Appointment of Eligible Elector to Jacob Johnson, and adopt Resolution 2022-37 subject to minor conforming changes as required by the Election's Office.

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

H. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis provided a brief update on City projects and upcoming events in the City.

I. ADJOURN REGULAR MEETING
Mayor Sally adjourned the regular meeting at 7:51 p.m.

Hilary Robello, Deputy City Clerk

AVENU FINANCIAL SYSTEM CITY OF EXETER
8/25/2022 16:17:46 Payments for Publication GL335R-V08.17 PAGE Approved on 8/25/2022 for Payments Through 8/25/2022
Vendor Name Description Amount
JAA QUALITY SERVICES OUTSTANDING SALES INVOIC 23.08
MERICAN BUSINESS MACHINES CH 8/24-09/23/22 BASE 15.35
JULY LIVE SCAN 409.47
AT&T MOBILITY 06/03 - 07/03/22 795.96
BODY CAM BUNDLE 1,847.63
B.S. & E. CO INC TAILER ROTO MIX 567.70
AUG COBRA ADMIN FEE 30.00
BLUE SHIELD OF CALIFORNIA 9/01-9/30/2022 29,793.16
SEPTEMBER 2022 LT DISABI 162.00
CALIFORNIA BUSINESS MACHINES PW -8/22-9/21/22 BASE 403.45 SOCCER REG REFUND 60.00
NOTARY TRNG/ COSTA MESA 65.00
AUG 2022 ANIMAL CONTROL 6,316.67
JULY UUT COLLECTION 89.96
PERISHABLE SKILLS 580.00
EXETER IRRIGATION & SUPPLY 1.5" SCH40 UNION SLIP 163.02 PN-DIST A 956-33 319.47
FRONTIER CALIFORNIA INC. 5139-8/16-9/15/22 617.87
GOVERNMENT REVENUE SOLUTIONS 5,513. 34

60.01 INTERSTATE BATTERIES, DBA 299.13
7/22 SUMMER CONCERT 1,125.00
DAILY TRAINING BULLETIN 1,315.10
MOONLIGHT MAINTENANCE AUG PD OFFICE CLEANING 1,871.75
MOORE TWINING ASSOCIATES, INC TTHM BY 524.2 [1 0DAY] 2,363.00 4,609.46
NATION & BADILLA INVESTIGATION AUGUST 2022 INVESTIGATIO 2, 808.60 564.31
UNI ROUND POINT SHOVEL 406.52
315.19
GLOCK ARMORERS WORKSHOP 200.00
PRUDENTIAL OVERALL SUPPLY 328.26
220178 2022 LANSCAPE & L 4,958.62
3,019.25
SOUTHERN CALIFORNIA EDISON 3, 866.51
3,360.70
SUN BADGE COMPANY 245.36
TOWN & COUNTRY CAR WASH 34.97
TULARE COUNTY 6,025.80
PLAQUES (NSE INSURANCE) | 86.20

38.25 VALLEY EXPETEC MONTHLY BILLIGN FOR SEPT 8,068.24
VOLLMER EXCAVATION, L.P. 3,433.13
01 PAVEMENT INVESTIGATIO 333.18
** Final Totals... 97,509.67

AVENU FINANCIAL SYSTEM CITY OF EXETER
08/25/2022 16:17:46 Payments for Publication GL060S-V08.17 RECAPPAGE GL335R
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
104 GENERAL FUND 41,855.94
105 WATER FUND 6,003.92
106 SANITATION FUND 3,276.84
107 6,201.59
109 GAS TAX FUND 3,433.13
111 CDEG REVOLVING FUND 1,744.00
116 LOW/MODERATE HOUSING FUND 1,275.25
121/ INSURANCE FUND 32,631.76
131 333.18
138 POLICE DONATIONS 86.20
140 LANDSCAPE AND LIGHTING DISTR 667.86
TOTAL ALL FUNDS 97,509.67
BANK RECAP:

BANK NAME DISBURSEMENTS
BANK BANK OF THE SIERRA 97,509.67
TOTAL ALL BANKS 97,509.67
AYROLL RUN-08/18/2022 10.36.29 PAGE
PR311R-V14.12 Paymate
TRE DEPOSITS 102020 2- 8/01/2022 - 8/14/2022 CHECK DATI 8/19/2022

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEO
1241 63.69 CASTO SODESBURSEMENT UN 228 1 VENDOR CHECK
1242 92.35 ROMERO/JOSE
1243 09.38 MOODS/RUST
1244 NOODS / AUST
TOTALS FOR CHECK FORM: CHEK

NEGOTIABLE CHECKS COUNTS
654.60 *EMPLOYEE CHECKS

63.69 *VENDOR CHECKS
POHW

0.0 *BANK CHECKS

18.2 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS

0.00 *MANUAL CHECKS ••
*CANCELLED CHECKS
718.29 **TOTAL FOR CHECK FORM

NON- NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS • 0

0.00 *VENDOR DIR DEP STUBS
YOR FORM STUB CHECK REGIST .S BI - WEEK UN -08/18/2022 10.36.29 PAC 2311R-V14.: Paymate
PERIOD 2 DATING 8/01/2022- 8/14/2022 CHECK DATE 8/19/2022

DIRECT DEPOSIT IS TURNED ON

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEO
50416 136.50 CLOCEA
50417 627.00 EXETER POLICE OFFICER AS 3 ONLY
50418 172.59 EXETER POLICE OFFICER AS 3A
50419 4, 668.22 ENNIS/ ADAM 206
50420 2,865.39 NEAL/SHONNA N 203
50421 2,279.76 ROBELLO/HILARY 709
50422 1,319.98 CARTER/AMY JO 502
50423 1,516.10 CORREA/BIANCA 630
50424 1,319.88 GARVER / ELIJAH 712 ONT.V
50425 891.36 LARSON /MERRI 713
50426 3,223.76 PARK MOORE/YUN GYUNG 703
50427 526.77 SANCHEZ/CESILIA 307
50428 556.61 SANTOYO/AIDE G 710
50429 2,099.96 FRANCO / EEKHONG 304
50430 1,610.87 PHILLIPS/ZACHARY 705
50431 1,441.63 CARRETERO/VANESSA 402
50432 2,463.67 CULLUM/TRENT 444
50433 2,898.36 DURKEE/MARK 404
50434 2,072.53 ECHEVARRIA/TYLER J 443
50435 2,489.52 GIEFER/MICHAEL DAVID 438
50436 3,442.16 HALL/JOHN T 406
50437 2,226.47 HAYES/CURTIS W 437
50438 2,653.15 INGLEHART/BRETT A 411
50439 2,330.02 LUJAN/ JOSHUA 715 S' UE
50440 1, 564.05 MARX/CHRIS 706
50441 2,242.40 PHELPS/KEVIN M 429
50442 1,725.78 SHIELDS /ZION 708 STUR ONLY
50443 1,493.77 VILLARREAL/ ISIDRO 707 STUB ONLY
50444 2,592.66 YARBER/ISABEL 422 STUB ONLY
50445 1,455.18 ALDRIDGE/GARY 618 STUB ONLY
50446 1,435.88 ARROYO/MARIE 623 STUB ONLY
50447 889.00 ARROYO/MARIE 623 STUR ONLY
50448 1,518.39 BRASSFIELD/TRAVIS 619 ONLY
50449 1, 713.59 ESPINOLA/DANIEL M 602 ONLY
50450 309.72 GOLDSTROM/NORMAN 629 ONLY
S0451 1,628.70 HUGGINS /KYLE AARON 621 ONLY
50452 2,985.08 QUALLS / DAYMON 607 ONLY
50453 1,522.77 RAMIREZ/ JUAN 608
50454 523. 01. WENDT/EDDIE 626
50455 1,272.51 MILLAN/MARCUS 622

CELEBEE
50456 1,332.00 MILLER/JAMES 624
50457 299.85 MIRWALD/PHILIP 625
50458 1,260.24 QUIROZ/PATRICK P 512
50459 1,785.09 PRIDEAUX/TRACI 448
SAY FORM CHE HEROISTER UN -09/01/202 10.43.42 PAGE Paymate R311R-V14.1
DIRECT DOES TURNED O 8/15/2022 - 8/28/2022 CHECK DATI 9/02/2022

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEO
1245 SONS/ KE DTSBURSEMENT UN 214
1246
1247 716

TOTALS FOR CHECK
COUNTS
341.17 *EMPLOYEE CHECKS

63.69 *VENDOR CHECKS

0.00 *BANK CHECKS
404.86 **TOTAL NEGOTIABLE CHECKS

OTHER CHECKS

0.00 *MANUAL CHECKS • •
*CANCELLED CHECKS
404.86 **TOTAL FOR CHECK FORM

NON- NEGOTIABLE CHECKS

0.00 *DIRECT DEPOSIT STUBS • •

0.00 *VENDOR DIR DEP STUBS
CO FORM STUS SECRETST AYROLL RUN -09/01/2022 10.43.42 PAGE PR311R-V14.12 Paymate
DIRECT POST 15 30 0- 8/15/2022 - 8/28/2022 CHECK DATE 9/02/2022

CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK

NUMBER AMOUNT NAME CODE SEC
438 0.00 GIEFER/MICHAEL DAVID 2 MANUAL
50460 136.51 CLOCEA 1 VENDOR STUB ONLY
50461 627.00 1 VENDOR STUB ONLY
50462 172.59 EXETER I VENDOR STUB ONLY
50463 4,662.97 ENNIS/ADAM • ONLY
50464 2,865. 39 ONEAL/SHONNA N 203 ONLY
50465 2,274. 51 ROBELLO/HILARY 709 ONT.Y
50466 1,346.34 CARTER/AMY JO 502 ONLY
50467 1,561.12 CORREA/BIANCA 630 ONLY
50468 1,319.88 GARVER/ELIJAH 712 ONLY
50469 773.03 LARSON/MERRI 713 ONLY
50470 3,223 .76 PARK MOORE/YUN GYUNG 703 ONT V
50471 367.89 SANCHEZ/CESILIA 307 ONLY
50472 280.70 SANTOYO/AIDE G 710 ONLY
50473 2,249.96 FRANCO / EEKHONG 304 ONLY
50474 1,610.87 PHILLIPS /ZACHARY 705 ONLY
50475 1, 501.11 CARRETERO/VANESSA 402 ONLY
50476 2,433.95 CULLUM/TRENT 444
50477 3,425 . 39 DURKEE/MARK 404
50478 1,118.34 ECHEVARRIA/TYLER J 443 ONLY
50479 5,378.17 ECHEVARRIA/TYLER J 443 N ONLY
50480 2,861.36 GIEFER/MICHAEL DAVID 438 ONLY
50481 3,436.91 HALL/JOHN T 406 ONLY
50482 2,619.18 HAYES/CURTIS W 437 ONLY
50483 2,653.15 INGLEHART/BRETT A 411 ONLY
50484 1,655.70 LUJAN/JOSHUA 715 ONLY
50485 2,076.99 MARX/CHRIS 706 ONLY
50486 2,586.59 PHELPS/KEVIN M 429 ONT.Y
50487 1,516.32 SHIELDS/ ZION 708 ONLY
50488 1,785.29 VILLARREAL/ISTDRO 707 ONLY
50489 2,587.41 YARBER/ISABEL 422 ONLY
50490 1,095.15 ALDRIDGE/GARY 618 ONLY
50491 1,435.88 ARROYO/MARIE 623 ONLY
50492 1,737.54 BRASSFIELD/TRAVIS 619 ONLY
50493 1,708.34 ESPINOLA/DANIEL M 602 ONLY
0733300
50494 760.61 GOLDSTROM/NORMAN 629
50495 1,628.70 HUGGINS / KYLE AARON 621
50496 2, 369. 41 QUALLS/DAYMON 607
50497 RAMIREZ/JUAN 608
50498 373.57 WENDT/EDDIE 626 ONLY
50499 1,807.67 MILLAN/MARCUS 622 ONLY
50500 1,234.94 MILLER/JAMES 624 ONLY
50501 216.57 IRWALD/PHILI 625 ONLY
50502 1,254.99 UIROZ/PATRICK 512 ONLY
50503 2,654.35 PRIDEAUX/TRACI 448 ONLY

CITY OF EXETER
PEESE-15:337065TEVETER
Mer 302-3380-Fan 192.1576
Treasure/'x RepReJune 2022
Beginning Balance as of June 1, 2022 1,934,313.60
Deposits
#1607 6,102.04
41608 28,957.05
·1609 208,051.02
·1610 143,339.31
#1611 15,783.46
Direc: Oscosit #1612 453,452.18
TOTAL DEPOSITS 385,605.00
Withdrawals y Checks Processe 553,417.3
ayroll EF 160,688.

Payroll Checks :,868.54
CAPERS Retirement costs 70,254 31
P/R Taxes 26,694.09
Dei Comp $,136.20
#SA Disbursements 1,226.09
Chargebacks 636.81
State CU 1,435.12
Chargeback Fees 40.00
Stop Payment Fee 15.00
Wire Transfer Fee 20.00
Wire from DOTS to LAiF 1,000,000.00

TOTAL WITHORAWALS

3.537.485.47
Ending sand solence of of lune 30.1022 1,006,932.99
Undesosited rost on hand 01613 _ 25.192.62
Bank of the Sierra ending balance 1,032,125.61
Putttandina Chocke
General 73,218 CO
Payrot 2.033.88

75.152.88
Adjusted Bank Basance as of tone 30, 2022 955,973.73
Investments
US Savings 58,096.07
Goverment Agency Bond
CD's/ U.S. Treasury Notes 1,752,457.03
Local Agency investment Fund 12,073,376.8D
fair Market Value Adjustment gain/[loss) 132.236.73
Charles Schwab 0.23
Exeter PD Safekceping 12,982 2
Total City Funds 6/30/2022 1 2499213220 14,985,112.83
Ratic of Invested funds/avoiloble Funds 90%
Rate Maturity Oate Description Purchase. Date Peincinal Yabee Certificates of Osperis
11/15/2022 CAPITAL ONE ARKEO Nov.17 $ 247,000
030% 12/18/2023 BMW RAJK NORTH AMERICA One-2o 5 249,000 1/29/2025 MERRICK BANK lan.21 $ 249,000

2.00% 4/8/2024 ALLY BANK Apr-2? $ 247,000
DUNDES EK OMAHA NE Agr-22 S 247,000
147% Average
_ 1229000
1625% U.S. Treasury Notes 0x1-21 $ 500,000.00
Money Market Funds

0.02210% Demand Local Agency investment Fund 12,073.377

0.00498% Demand US Saving: 58,08G
Demand Charles Sewab Varicus s
_0.22
≤ 13131.463
Govemment Securitiss
Total investments
Trepared Zy: 8.26:22

8.30.22 approved av
R. MOTO
Paro 1 of 1
City of Exeter
Agenda Item Transmittal
Meeting Date: September 13, 2022
For action by:

Agenda Item Number: H5 X City Council
Wording for Agenda: Adopt Resolution 2022-38 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the Regular Session:

City of Exeter through October 13, 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 2022-38 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through October 13, 2022, Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.

Summary:

On August 23, 2022, the City Council adopted Resolution 2022-35 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 September 22, 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-six (27) months, the City Council and its Legislative bodies have been conducting teleconferencing meetings as allowed for pursuant to a series of executive orders, the most recent which expired September 30, 2021 (Executive Order N-08-021, issued June 11, 2021), which waived all physical presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Recently adopted State law, AB 361, extends the authority of public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act's limitations on such meetings, while the state of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place.

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

Both these conditions are presently satisfied. The Governor's State of Emergency Declaration, issued on March 4, 2020, remains in place today. The City's declaration of local emergency issued March 24, 2020, remained in place until March 2022. However, the size of the City's conference chambers could be a potential imminent risk to health and safety measures because State and local agencies continue to recommend social distancing as one of the measures to reduce the spread of COVID-19 and heavy attendance could limit the ability to maintain social distance.

Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following:
1) Either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social distancing; and 2) Not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists:
a. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
b. State or local offices continue to impose or recommend measures to promote social distancing.

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

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

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

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

Fiscal Impact: None.

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

On May 19, July 14, September 8, November 2 and December 8, 2020, and January 26, March 23, May 11, June 22, August 10, September 28, November 9, December 14, 2021, February 10 and March 8, 2022, Council approved to continue the state of emergency established by Resolution 2020-12 due to the Novel Coronavirus (COVID-19) for an additional 60 days. On September 28, October 26, November 18, December 14, 2021, January 11, February 10, March 8, April 26, May 24, June 14, July 12, August 9, 2022, and August 23, 2022, the Council adopted Resolutions 2021-21, 2021-24, 2021-29, 2021-31, 2022-02, 2022-03, 2022-05, 2022- 09, 2022-17, 2022-21, 2022-26, 2022-34 and 2022-35 authorizing remote teleconferencing meetings pursuant to AB361.

Attachments: 1.) Resolution 2022-38 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through October 13, 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 2022-38 as presented.

RESOLUTION 2022-38

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 OCTOBER 13, 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, Resolution 2022-21 on June 14, 2022, Resolution 2022-26 on July 12, 2022, Resolution 2022-34 on August 9, 2022 and Resolution 2022-35 on August 23, 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,
Resolution 2022-38
AB 361 Emergency Teleconferencing
age 2 of =
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 members, staff, and the public, and their election, to attend meetings without compliance with paragraph three (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph two (2) of subdivision (e) of section 54953; and,
WHEREAS, the City will give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,
WHEREAS, the legislative body will not take any further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; and,
WHEREAS, the legislative body will not require public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and, WHEREAS, the legislative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Exeter as follows:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and,
SECTION 2. Ratification of Governor's Proclamation of a State of Emergency. The City hereby accepts and acknowledges the Governor of the State of California's Proclamation of March 2, 2020 and finds the City's conference chambers limited capacity could present imminent risk to health and safety of attendees if there is heavy attendance in the chambers; and, SECTION 3. Remote Teleconference Meetings. The City Administrator and legislative bodies of the City of Exeter are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 4. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective through October 13, 2022 Passed, approved, and adopted this 13th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: Mayor
City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: September 13, 2022
For action by:

Agenda Item Number: H6 X City Council
Wording for Agenda: Approve a street closure request for the portion of the route along Rocky Hill Drive from the City limits to Regular Session:

Kaweah Avenue, along with no parking on Pine Street, from 6:00 X Consent Calendar a.m. to 1:00 p.m. on March 11, 2023, for the Rocky Hill Triathlon _Regular Item Public Hearing
event subject to the conditions presented.

Review:

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

Approve the Street Closure Request for March 11, 2023, subject to the conditions presented
Summary/Background:

Charles Duby of Rocky Hill Triathlon has submitted a street closure request for a dual distance triathlon. The triathlon route will begin at the High School on Rocky Hill Drive west to Pine Street, west to G Street, south to Industrial Drive, south to Glaze Avenue and west to Filbert where the route goes south out of the City limits and then returns into the City limits from the east on Rocky Hill Drive. The street closure request for the Rocky Hill Triathlon event is for March 11, 2023, from 6:00 a.m. to 1:00 p.m. for the portion of Rocky Hill Drive from the City limits to Kaweah Avenue, with no parking on Pine the morning of the event. There are no changes from previous year's events to street closures or traffic plans for this annual event.

The traffic control plan was prepared by KRC Safety and has been reviewed and approved by the Public Works Director and Chief of Police as required by the Street Closure Policy. The runners will follow all traffic regulations while following the portion of the route outside the street closures. The Rocky Hill Triathlon will be providing notice to adjacent property owners/tenants prior to the event.

Restrooms and trash facilities will be provided at the start/finish location of the race. Mr. Duby will submit his insurance certificate naming the City of Exeter as Certificate Holder including an Additional Insured Endorsement. He also signed and provided the Street Closure Application Attachment for Insurance and Waivers that includes a Communicable Disease Waiver and Release.

Staff recommends that Council approve the Street Closure Request subject to the conditions presented.

Fiscal Impact: Other than minimal staff time, there is no fiscal impact however, Rocky Hill Triathlon historically has donated a significant amount of money from each event to be used for community improvement projects.

Prior Council/Board Actions: Previous Rocky Hill Triathlon Street Closure Requests Attachments: Street Closure Request with Attachment
Rocky Hill Triathlon Traffic Control Plan
Recommended motion to be made by Council/Board: 1 move to approve the Street Closure Request for the portion of the route along Rocky Hill Drive from the City limits to Kaweah Avenue, along with no parking on Pine Street, from 6:00 a.m. to 1:00 p.m. on March 11, 2023 for the Rocky Hill Triathlon event subiect to compliance with conditions Office of the City Administrator
100 North C.Street Exter, CA 93221
PR. #359-592-9244 Fax # 150-592-3340
EXETER
City of Exeter
APPUCATION: REQUEST OF STREET CLOSURE
Name of Group or Person(s) requesting street closure:_ ZOLLY HILL TRIATHLON Contact Person for group: _ CHARLES DUBT
Contact information (address/ phone number 150 W. PiNE ST: EXETER. 551-592-4455
Date of Event: 3,1112023
Tvoe of event and details: DUAL DISTANCE TRIATHLON HELD AT EXETER HIGH ScHooL.

Location (street or strets! Where event is to take pize: Rocky Him DrivE CLOSEN EAST OF itw! b5 To Yovoith RD. No
PARKING ON PINE ST. DURING EVENT
ANA= 8/16/2022
Date:

Applicant's Signature
Approved/Denied:

City Administrator Randy-Greem-

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

PROTECTING, PRESERVING

AND PROMOTING

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

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

Name of Applicant (HARUES DuBT Phone No. 559-512-9455
Address 150 WN. PINE ST, EXETER, LA 93221
Name of Organization _ Rocky Are TRIATHLON Phone No. SAME Address SAmE
Type of Event TRIATHLON Location of Event_EVHS
Date of Event_ 311/23 _ Start Time 6 Am _ End Time 1 PM Type of equipment to be used P.A. SPEAKERS
Additional Information
I._ CHARLES DABE _, HEREBY AGREE TO ABIDE BY ALL PROVISIONS SET FORTH IN CITY ORDINANCE 5.48 AND ALL OTHER APPLICABLE ORDINANCES ¡ OF EXETER.
5/16/22.

Applicant Signature Date
[ ] Permit Denied
Chief of Police (THIS OUTSIDE AMPLIFIER PERMIT HAS BEEN APPROVED City Of Exeter Temporary Street Closure Policy
350 W. Firebaugh - PO Box 237, Exeter, CA 93221
Ph. #559-592-3318 Fax.# 559-592-3516
EXETER
The following procedures shall be followed by the City of Exeter in reviewing and responding to all request for temporary street closures. • The closure of up to 6 public parking places requires an encroachment permit. 7 spaces or more requires a street closure permit.

A. PROCESS

1. The applicantS) must submit a completed temporary street closure request form no later than three weeks prior to the requested closure. (As early as possible.)

2. Prior to applying, the applicant is responsible for contacting all neighbors who are located within the closure areas and/or would have restricted access to their driveways or business. Two-thirds (2/3) of the residents within the closure must indicate their support of the proposed closure.

The applicant must submit a list of the affected addresses, with the name and signature of the property owner or tenant for each address, indicating support of the requested closure.

3. Street closures will generally be granted in residential areas only on non- collector/non-arterial roadways. Closures will not be approved if a street closure has already been approved for the same date/time within an adjacent block of the request.

4. Once completed, the application will be reviewed by the Director of Public Works for completeness and sent to the Chief of Police for approval. In some cases, the final authorization may require City Council approval. In the event Council approval is needed, the request will be forwarded to the City Clerk to be placed on Council agenda. The Chief of Police and/or the Exeter City Council are under no obligation to approve an application and are not required to meet any standard of "cause" should they choose to deny an application. 1 City Of Exeter Temporary Street Closure Policy
350 W. Firebaugh - PO Box 237, Exeter, CA 93221
Ph. #559-592-3318 Fax.# 559-592-3516
EXETER
Should an application be approved, the following provisions shall apply.

B. PROVISIONS

1. Street closures in residential areas shall be for no more than six (6) hours in duration. Closures in commercial areas for markets and special events may be granted longer periods based on setup, operation, and clean-up needs.

2. The applicant and/or 2"d point of contact listed on application must be available during the hours of the closure.

3. Alcoholic beverages are not permitted on the street unless specifically allowed by permit from both The City of Exeter and the State Department of Alcoholic Beverage Control. All state laws and local ordinances pertaining to alcoholic beverages shall be observed. Failure to do so will result in immediate revocation of the street closure approval. Any associated permit fees are the responsibility of the applicant.

4. The applicant will abide by the City of Exeter Municipal Code regarding noise and nuisance issues. Events with outdoor music shall cease music prior to 10:00 p.m.

5. For events utilizing city owned cones and barricades, the City of Exeter Public Works Department will be responsible for the delivery, pick up, and return of said items. Traffic control devices may only be placed at the designated location by the applicant at the start time approved for the closure. At the close of the event, all city owned cones/barricades will be gathered and placed at a predesignated safe location near the event site, without obstructing vehicular traffic, allowing for city staff to safely retrieve them.

6. No Parking notices must be posted 24 hours in advance. Notices will be provided via email in a pdf format by the Public Works Department.

7. The city will not provide traffic control. Certain type of street closures will require applicant to submit a traffic plan with their application. Applicant may also be required to utilize a traffic safety company for the rental of appropriate signs and barricades. Fees associated with this are the responsibility of the applicant.
2 City Of Exeter Iemporary Street Closure Policy
350 W. Firebaugh - P Box 237, Exeter, CA 93221
Pf. #559-592-3318 Fax # 559-592-3516
EXETER

NINO, PRES

8. In case of inclement weather or cancellation of the event, please contact the Public Works Department and the Exeter Police Department as soon as possible.

9. Applicant must have the approved street closure permit in their possession during the duration of the street closure. A copy of the approved permit will be forwarded to all city departments, police, fire, and EMS.

10. Placement of obstructions such as tents, tables, bounce houses etc., will only be allowed on one side of the center line of the closed street-thereby providing access to emergency vehicles on the opposite side of the roadway.

11. The City shall require event insurance. Please refer to the street closure application attachment for specific insurance and required waiver language.

12. The applicant must submit a temporary street closure fee of $50 at the time the application is submitted. Refunds are NOT issued if application is denied, or event is cancelled. If the event is rescheduled and the city is notified at least 24 hours prior to the scheduled event date, the city will not require an additional fee.
3 ERETEL

STREET CLOSURE APPLICATION ATTACHMENT

INSURANCE & WAIVERS
General Liability Insurance: The undersigned shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage, and shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.

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

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

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

Undersigned shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

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

Page 1 of 2 ends

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

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

Print Name of Applicant: HARLES DUBY
Signature of Applicant: Date: 5/16/22
Primary Phone Number(s):554-592-9455 Email: DuBY@ SEQUOIORANDE.cOm

Page 2 of 2 ends

DISTANCE
PINE ST Athletic Park 12.61 MI
"G" ST SEST
All America City Hwy
J30
E Firebaugh Ave
14th Ave E
S Kaweah Ave

MYER AVE
-EPD Traffic Support Volunteer Staffed Support
City of Exeter
Agenda Item Transmittal
Meeting Date: September 13, 2022
For action by:

Agenda Item Number: H7 X City Council
Wording for Agenda: Approve requests by Exeter Chamber of Commerce for facility use and street closures for Fall Festival Regular Session:

Events. Authorize use of Mixture Park and closing E Street between X Consent Calendar Pine Street and the Public Parking lot at Wildflower Cafe for Family - Regular Item Fun Night Wednesday October 5, 2022, from 4:00pm-8:00pm Public Hearing subject to the conditions outlined. Authorize closing Pine Street and associated alley ways between D Street and F Street, South E Review:

Street from East Maple Street to Palm Street, F Street between Pine Street and the City Parking Lot north of Pine Street and the City City Administrator owned parking lot adjacent to City Hall, from 6:00 a.m. to 5:00 p.m. (Initials Required) on Saturday, October 8, 2022, for the Exeter Fall Festival event subject to the conditions outlined.

Submitting Department: Public Works
Contact Name: Marie Arroyo
Phone Number: 592-3318 X 4002
Email: [email protected]
Department Recommendation:

Staff recommends that Council approve said closures for October 5, 2022 and October 8, 2022 as presented, subject to the conditions outlined.

Summary/Background:

The Chamber of Commerce is preparing for their 108th Annual Exeter Fall Festival on Saturday October 8, 2022, from 8:00 a.m. to 3:00 p.m. in downtown Exeter. Modeling the 2021 event, it Will take place in the downtown area. The festival will begin with a Family Fun Night on Wednesday, October 5, 2022, and Saturday's event will feature a two-mile race, live music, vendor booths, and games which will require the street closures to ensure the safety of the public.

The facility use and street closure requests being submitted for the Chamber of Commerce October 8th event are to facilitate vendor booths and games taking place in the downtown area commencing at 6:00 a.m. and ending at 5:00 p.m. (although the event will run from 8:00 a.m. to 3:00 p.m.). The two-mile race is not requiring street closures as the organizers have agreed to notify race participants that all streets will remain open to normal traffic and participants must obey all applicable traffic laws.

The location for the street closure requests are:

1. E Street between Pine Street and the Public Parking lot at Wildflower Café for Family Fun Night Wednesday October 5, 2022 from 4:00pm-8:00pm.

2. Pine Street and associated alley ways between D Street and F Street, South E Street from East Maple Street to Palm Street, F Street between Pine Street and the City Parking Lot north of Pine Street and the City owned parking lot adjacent to City Hall on October 8, 2022 starting at 6:00 a.m. and ending at 5:00 p.m.

The following documents have been submitted:

1. Application: Request for Street Closure;

2. Street Closure Application Attachment - Insurance & Waivers including Communicable Disease Waver and Release;

3. Application for Amplified Sound Permit.

All required documents will need to be submitted by September 15, 2022, as a condition of approval. If these documents are not provided by this date, the event will need to be cancelled.

The required documents include:

1. A drawing of the event layout including vendors, games, stages, and locations of portable restrooms; and

2. Certificate of Liability Insurance with all required elements; and

3. Signatures of residents/businesses adjacent to the street closures indicating their support of the proposed closure.

The following conditions of approval will apply to this event:

1. Applicant will need to coordinate with Mid-Valley for solid waste collection/pick up. Extra cans will be needed for the event.

2. Applicant will provide an adequate number of porta potties including ADA accessible

3. Applicant will be responsible for facilitating the hard street closures on Wednesday and Saturday before the event starts and removal after the event.

4. Barricades must clearly identify the streets as being closed and prevent traffic from turning onto closed sections of roadway yet must not interfere with vehicular traffic traveling on adjacent streets. Furthermore, pedestrians must have a clear path of travel when crossing the street at these intersections which does not require them to enter the roadway into vehicle traffic.

5. For pedestrian safety, all vendor vehicles must be removed from the closure area prior to the event starting and may not re-enter the closure area until the event has concluded

6. All sidewalks must be kept clear to provide ADA access;

7. All trash must be picked up and all event equipment must be removed prior to opening the streets.

8. All vendors are required to have a City of Exeter Business License or Peddlers Permit.

9. Vendors will be responsible for bringing their own generator or coordinating with downtown businesses for access to electricity, as City outlets are not available.

10. All race participants will be required to obey all applicable traffic laws.

11. The only permitted use of the City's parking lot next to City Hall will be vendor parking or trash receptacles delivery and staging

12. Follow all local and state guidelines regarding COVID-19 safety protocols at the time of the event.

Staff recommends that Council approve the Street Closure Request subject to the aforementioned conditions.

Fiscal Impact: City staff will post the no parking signs and stage all traffic control devises on Wednesday October 5th and Friday, October 7th (3 PW staff x approximately 2 hours). City staff will pick up traffic control devices and empty trash cans on Thursday October 6th and Monday, October 10" (3 PW staff x approximately 2 hours). Public bathrooms located behind City Hall will be opened, stocked and professionally cleaned.

Prior Council/Board Actions: Approval in prior years.

Attachments: Street Closure Request
Recommended motion to be made by Council/Board: I move to approve the Facility Use and Street Closure Requests by Exeter Chamber of Commerce, for the Exeter Fall Festival events as presented, subject to the conditions as outlined EXETER

SEE TONS ANGER CO

FACILITY USE APPLICATION
Application Date: 08-24-2022
Facility Requested: Mixter Park Date(s) Needed: 10-05-2022 Reason for Use: Family Fun Night for pumpkin decorating contest and dress up scarecrow contest, EUHS Jazz Band & Exeter City Dance Equipment Needed: Electrical outlets turned on
Set up time: 4pm Departure time: 8pm
Event start time: 5:30pm Event end time: 7:30pm
-
Name of
Organization: The Exeter Chamber of Commerce
Address: 101 W Pine Street
City:_ Exeter State: California 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.

Page 1 of 3 ends

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

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

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

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

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

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

INSURANCE & WAIVERS
General Liability Insurance: The undersigned shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage and shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.

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

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

Undersigned shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Page 2 of 3 ends

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

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

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

Print Name of Applicant:Tina Rice - The Exeter Chamber of Commerce Signature of Applicant: Tina Rice Date: 08-24-2022
Primary Phone Number(s):_ 559 592-2919 205 332-9009 Email:_ [email protected] Approved by:

Print Name: Print Name:

Signature: Signature:

Deposa Fee: Dille Paid:.

Cash or Check: Cen. Of ins. Recuire Ifrequire:....

Page 3 of 3 ends

Cityof City of Exeter Street Closure Application
350W. Firebaugh - PO Box 237, Exeter, CA 93221
Ph. #559-592-3318 Fax.# 559-592-3516
EZETER
PROTECTING, PRESERVING.

AND PROMOTING

SALE TOWN AMERICA
Date of Event: 10-05-2022
Name of group requesting street closure: The Exeter Chamber of Commrece Name of contact person: Tina Rice _Phone: 559592-2919
Mailing address: 101 W Pine Street, Exeter, CA Email :[email protected] Alternate Contact Person: Tina Rice _Phone 205 332-9009 Mailing Address: 101 W Pine Street, Exeter, CA _Phone: Sarah Peltzer / 559 804-0316 Type of event: Exeter Fall Festival Family Fun Night
Time of closure: 4pm until 8pm
Details of streets/parking lots/public right of way requesting to be closed: (provide map or additional pages if necessary)
E Street from Pine to the edge of Wildflower Cafe for Family Fun Night crowd spillover from Mixter Park. The City Parking lot next to Wildflower Cafe would still be accessible from Maple TR
I have been provided a copy of the City of Exeter Street Closure Policy and understand the provisions.

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

Tina Rice 08-24-2022
Applicant Signature: Date
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

PROTECTING, PRESERVING,

AND PROMOTING

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

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

Name of Applicant Tina Rice / Exeter Chamber of Commerce Phone No. 205 332-9009 Address 101 W Pine Street, Exeter, CA
Name of Organization The Exeter Chamber of Commerce Phone No. 559 592-2919 -
Address 101 W Pine Street, Exeter, CA
Type of Event_Family Fun Night Location of Event Mixter Park Date of Event Start Time
10-05-2022 End Time 07:30pm
Type of equipment to be used Microphone and speaker
Additional Information Microphone and speaker to make announcements.

High school jazz band will perform for 20 minutes with small speakers.

I, Tina Rice _ HEREBY AGREE TO ABIDE BY ALL PROVISIONS
SET FORTH IN CITY ORDINANCE 5.48 AND ALL OTHER APPLICABLE ORDINANCES OF THE CITY OF EXETER.

Tina Rice 08-24-2022
Applicant Signature Date
[ ] Permit Denied
Chief of Police
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

SALE TOWN AMERICA
Date of Event: 10-08-2022
Name of group requesting street closure: The Exeter Chamber of Commece Name of contact person: Tina Rice Phone: 559 592-2919
Mailing address: 101 W Pine Street, Exeter, CA Email: [email protected] Alternate Contact Person: Tina Rice _Phone 205 332-9009 Mailing Address: 101 W Pine Street, Exeter, CA _Phone: Sarah Peltzer / 559 804-0316 Type of event: Exeter Annual Fall Festival
Time of closure: 6am until_5pm
Details of streets/parking lots/public right of way requesting to be closed: (provide map or additional pages if necessary)
Pine Street closed from D Street to F Street for vendor booths in middle of the street. E Street closed from Palm to Pine (for show cars parked in spaces) E Street closed from Pine to Maple for vendor booths in middle of the street. F Street closed from Pine Street to the edge of the City Parking lot for us by All Aboard Train.

Access la parkica lot open from Palmi
TR
I have been provided a copy of the City of Exeter Street Closure Policy and understand the provisions.

I have been provided a copy of the City of Exeter Street Closure Application Attachment for insurance/waiver requirements and COVID information and understand my responsibilities.
be reschedul understand my squap to pay fe is no applicatoe and if my event needs to Tina Rice 08-24-2022
Applicant Signature: Date
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

PROTECTING, PRESERVING,

AND PROMOTING

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

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

Name of Applicant Tina Rice / Exeter Chamber of Commerce Phone No. 205 332-9009 -
Address 101 W Pine Street, Exeter, CA
Name of Organization The Exeter Chamber of Commerce Phone No. 559 592-2919 Address 101 W Pine Street, Exeter, CA
Type of Event _Exeter Fall Festival Location of Event Downtown Exeter on Pine & E Streets Date of Event 10-08-2022
Start Time 7am _End Time 3pm
Type of equipment to be used Microphone and speakers for announcing acts and events going on throught the day and music Additional Information
I, Tina Rice _ HEREBY AGREE TO ABIDE BY ALL PROVISIONS
SET FORTH IN CITY ORDINANCE 5.48 AND ALL OTHER APPLICABLE ORDINANCES OF THE CITY OF EXETER.

Tina Rice 08-24-2022
Applicant Signature Date
[ ] Permit Denied
Chief of Police
City of Exeter
Agenda Item Transmittal
Meeting Date: September 13, 2022
For action by:

Agenda Item Number: H8 X City Council
Wording for Agenda: Approve the requests from Michael Young of Forever Young Events to host The Scarecrow 2.0 5k and 2-mile Regular Session:
walk/run throughout various city streets in conjunction with the X Consent Calendar Exeter Fall Festival on Saturday October 8, 2022. - Regular Item - Public Hearing
Submitting Department: Public Works
Contact Name: Marie Arroyo Review:

Phone Number: 592-3318 X 4002
Email: [email protected] City Administrator
(Initials Required)
Department Recommendation:

Approval of special event, The Scarecrow 2.0 run/walk, thru various city streets as part of the Exeter Fall Festival.

Summary/Background:

FYE Sports located at 165 E Pine, in conjunction with Forever Young Events, is requesting to kick off The Fall Festival and host a family friendly walk/run race to begin at 7:45am and to be concluded by 10:00am on Saturday October 8, 2022. The event start and end will be located within the Fall Festival street closure area near Pine and E Streets. Restrooms and trash receptacles provided for the Fall Festival will also be used for this event. Outside of the Downtown street closures there will be no road closures for this event along the route and all participants are required to obey all traffic laws. The participants will be running/walking along the edge of the roadways outside the vehicle traffic lanes. Chalk and cones will be used in some areas to delineate the path of the participants.
where participants will be turning left and crossing oncomines will be provided at locations The following documents have been submitted:

1. Application

2. Street Closure Application Attachment - Insurance & Waivers including Communicable Disease Waver and Release.

3. Course map
All documents will need to be submitted by September 15, 2022, as a condition of approval. If these documents are not provided by this date, the event will need to be cancelled. The following conditions of approval will apply to this event:

1. Certificate of Liability Insurance with all required elements.

Fiscal Impact: None
Prior Council/Board Actions: Approval in 2021
Attachments: Application and Course Map
Recommended motion to be made by Council/Board: 1 move to approve the Scarecrow 2.0 run/walk special event as requested by Forever Young Events for the Exeter Fall Festival subject to the conditions as presented.

ZETER

SAL TOWN AMERICE

FACILITY USE APPLICATION
Application Date: 8/12/2022
Facility Requested: Downtown Streets 10/8/2022
Date(s) Needed:

Reason for Use: 5k and 2 Mile Walk/Run
None
Equipment Needed:

Set up time:_6:00am 9:45am
Departure time:

Event start time: 7:45am Event end time: 10:00am
-
Name of
Organization: Forever Young Events
Address: 165 E Pine Street
City:_ Exeter State: CA 93221
Zip:

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.

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

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

INSURANCE & WAIVERS
General Liability Insurance: The undersigned shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage and shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.

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

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

Undersigned shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Page 2 of 3 ends

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

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

Print Name of Applicant: Michael C Young
Tickl
Signature of Applicant: e yong Date: 8/12/2022
Primary Phone Number(s): 559-303-2887 Email: [email protected] Approved by:

Print Name: Print Name:

Signature: Signature:

For Cig Use Only: Ronal Fee: Deposit Fee:_. Date Paid:

Cash or Check: Initials:

Cor. Or Ins Recched, if required:

Pave 7 nf 3
TRAFFIC MAP FOR 5K AND 2 MILE ROUTES
Exeter Linion
W Walnu: Si High School
Willow NESt is mad 3
Quince Ave
W Visalia Rd W Visalia Rd W Visalia Rdl is ted 3
Monarch :
• N Orange Ave N Quince Ave N Fibert Rd
aim St
SG SI is spina
Fairway Dr Pine St Ruth St SHSI
Drange Ave 5 Ounco Aun
Wilson Middle School
E CL
Lincoin
Elementary School
Katelyn Ave Francis Ave Waldo Ave Waldo Ave
Church & God of B Wait
77 W Chestnut St
Abundant Lifel cursquare
Tabernacle Gospel Church I5 S4osD3
3 Quince Ave S Flibert Rd
76 Ave 276 Avo 376

FLAGGER ALL TURNS WILL HAVE A TURN SIGN

CHALK WILL ALSO BE USED
CONES 5 FEET INTO ROAD
City of Exeter
Agenda Item Transmittal
Meeting Date: September 13, 2022
For action by:

Agenda Item Number: H9 X City Council
Wording for Agenda: Approve a request from Jason Moule
representing Exeter Fire Station 11 for a street closure of F St Regular Session:
between the City Public Parking Lot and Palm Street to host the x Consent Calendar South Valley Battle of the Badges Blood Drive at 137 N F St _ Regular Item between the hours of 3:00 pm - 7:00 pm on Wednesday November _ Public Hearing 2, 2022.

Review:

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

Staff recommends that Council approve the request from Jason Moule representing Exeter Fire Station 11 for a street closure of F St between the City Public Parking Lot and Palm Street to host the South Valley Battle of the Badges Blood Drive at 137 N F St between the hours of 3:00 pm - 7:00 pm on Wednesday November 2, 2022.

Summary/Background:

Exeter Fire Station 11 and their affiliates will join other fire and law enforcement agencies for a friendly blood drive competition. Members of the community are encouraged to come out and support our local agencies by donating blood which is desperately needed in our local hospitals.

While keeping the public parking lot open, a street closure is requested from the public parking lot approach to Palm Street to provide a safe environment for donors and allow the public to view fire trucks and visit vendor booths which will be located on F St. This event is free to the public and donors will receive prizes which have been donated by local businesses. City staff will provide the necessary traffic control. The public restrooms and street trash receptacles will be used with City staff emptying the trash receptacles and professional cleaning of the Fiscal Impact: Minimal staff time providing road closure barricades. Professional cleaning of public bathrooms
Attachments: Street Closure Application
Amplified Sound Permit Application
Recommended motion to be made by Council/Board: I move to approve this street closure request as presented.

Cityof 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
SILE TOWY AMERICA.

Date of Event: 11. 2-22
Name of group requesting street closure: Exeter Fire Station 11 Name of contact person:_aSUr 1 Nonle Phone: 559) 339-46169 Mailing address: Email :

Alternate Contact Person: Phone
Mailing Address: Phone:

Type of event: Blood Drive
Time of closure: 3:00 pm until 7:00pM
Details of streets/parking lots/public right of way requesting to be closed: (provide map or additional pages if necessart st in front of Fire Station Closure of from parking lot to Palm st
I have been provided a copy of the City of Exeter Street Closure Policy and understand the provisions.

I have been provided a copy of the City of Exeter Street Closure Application Attachment for insurance/waiver requirements and COVID information and understand my responsibilities.
_I understand my $50 application fee is nonrefundable and if my event needs to e rescheduled, I will not be required to pay a second application fee. e Westry re saver- cite
Applicant Signature: M.3 fur _Date 8-260.22 event
Jason paule
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

PROTECTING, PRESERVING,

AND PROMOTINC

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

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

Name of Applicant Jason Moule Phone No. 559 339-4669
Address 10 / N. F St- Exeter Fire Station
Name of Organization ture Station 11 (TCPFA) Phone No. _ Address
Type of Event BluoD Drive Location of Event Exeter I:

Date of Event 1 2/22 Start Time 3:00 _ End Time 7:00 pm Type of equipment to be used DJ E gupment by KJuG radic saditional Information KJUG will be playng music t
dong on aur promotions
Moule _ HEREBY AGREE TO ABIDE BY ALL PROVISIONS

SIA FOR LIN EXTERMANCE IS AND ALL, OTHER APPLICABLE ORDIANCES OF THE CITY OF EXETER.
hy Jasur 1 moe 8.2622
Applicant Signature Date
[ ] Permit Denied
Chief of Police
City of Exeter
Agenda Item Transmittal
Meeting Date: September 13, 2022
For action by:

Agenda Item Number: H10 X City Council
Wording for Agenda: Affirm extra work and authorize additional payment in the amount of $36,602.37 to Galante Bros. Enterprises, Regular Session:

Inc. of Visalia, CA, for additional work related to the 2021/2022 X Consent Calendar Annual Asphalt Patch Repair Project, and appropriate said amount _Regular Item into expenditure accounts for street maintenance. -
_Public Hearing
Submitting Department: Public Works Review:

Contact Name: Daymon Qualls, Public Works Director
Phone Number: (559) 592-3318
Email: [email protected] City Administrator
(Initials Required)
Department Recommendation: Staff recommends that Council affirm extra work and authorize additional payment in the amount of $36,602.37 to Galante Bros. Enterprises, Inc. of Visalia, CA, for additional work related to the 2021/2022 Annual Asphalt Patch Repair Project, and appropriate said amount into expenditure accounts for street maintenance.

Summary/Background:

At the City Council meeting of June 22, 2021, the Council awarded and authorized the City Administrator to execute an agreement with the lowest responsible bidder, Galante Bros.

Enterprises, Inc., of Visalia, CA in an amount not to exceed $55,313.48, for construction of the 2021/2022 Annual Asphalt Patch Repair Project.

Because this was the first year for the City to ever have an on-call asphalt patch repair contract, stat made reasonable assumptions as to the contract quantities prior to putting the project out tr id. Those assumptions were made based upon the current needs at the time of the bic advertisement. Over the course of the contract the City had a number of street repair issues that were unforeseen at the time the contract was bid and also had increased need for asphalt patching in preparation for street maintenance projects that have recently began. Subsequently, the contractor was asked to exceed the original contract quantities which resulted in additional costs.

Fiscal Impact: The Council approved CIP schedule for FY 21/22 and FY 22/23 have funds programmed in the Transportation (113) and Measure R (131) accounts specifically for annual road maintenance projects. In addition to these programmed funding sources, a portion of LTF and Measure P funds could potentially be used also.

Prior Council/Board Actions: On June 22, 2021, the Council awarded and authorized the City Administrator to execute an agreement with Galante Bros. Enterprises, Inc., of Visalia, CA in an amount not to exceed $55,313.48, for construction of the 2021/2022 Annual Asphalt Patch Repair Project.

Attachments: None
Environmental Clearance: Not applicable for this project.

Recommended motion to be made by Council/Board: 1 move to affirm extra work and authorize additional payment in the amount of $36,602.37 to Galante Bros. Enterprises, Inc. of Visalia, CA, for additional work related to the 2021/2022 Annual Asphalt Patch Repair Project, and appropriate said amount into expenditure accounts for street maintenance.

City of Exeter
Agenda Item Transmittal
Meeting Date: September 13, 2022 For action by:

X City Council
Agenda Item Number: H11
Wording for Agenda: Award and authorize the City Administrator Regular Session:
to execute an amended agreement with Galante Bros. Enterprises, X Consent Calendar Inc., of Visalia, CA in an amount not to exceed $100,000, for Regular Item construction of the 2022/2023 Annual Asphalt Patch Repair Project. _Public Hearing Submitting Department: Public Works Review:

Contact Name: Daymon Qualls, Public Works Director
Phone Number: (559) 592-3318
City Administrator
Email: [email protected]
(Initials Required)
Department Recommendation: Staff recommends that Council award and authorize the City Administrator to execute an amended agreement with Galante Bros. Enterprises, Inc., of Visalia, CA in an amount not to exceed $100,000, for construction of the 2022/2023 Annual Asphalt Patch Repair Project.

Summary/Background:

On May 19, 2021, staff advertised a Request for Bids for the 2021/2022 Asphalt Patch Repair Project and received one (1) construction bid on June 16, 2021. Galante Bros. Enterprises, Inc. of Visalia, CA submitted the only bid of $55,313.48.

At the City Council meeting of June 22, 2021, the Council awarded and authorized the City Administrator to execute an agreement with Galante Bros. Enterprises, Inc., of Visalia, CA in an amount not to exceed $55,313.48, for construction of the 2021/2022 Annual Asphalt Patch Repair Project. The initial contract term was for a twelve (12) month period with an option of extending the contract annually thereafter for four (4) consecutive one-year periods. The initial contract expired on August 31, 2022.

Since the contractor submitted his pricing for the initial contract quantities, material costs associated with asphalt work have skyrocketed. Historically (over the last ten years), asphalt prices have risen an average of 0.7% for every 1% increase in the price of crude oil. This increase is directly related to the cost of raw materials necessary to produce asphalt. Oil prices have also greatly impacted the cost of transporting, delivering, and installing asphalt.

Subsequently, the contractor has requested adjustments to his previously submitted unit pricing.

Staff has reviewed the proposed pricing adjustments and have determined the adjustments to be reasonable and appropriate.

Because this was the first year for the City to ever have an on-call asphalt patch repair contract, staff had made reasonable assumptions as to the contract quantities, prior to putting the project out to bid. Those assumptions were made based upon the current needs at the time of the bid advertisement. Over the course of the contract, the City had a number of street repair issues that were unforeseen at the time the contract was bid and also had increased need for asphalt patching in preparation for street maintenance projects that have recently began. Subsequently, the contractor was asked to exceed the original contract quantities. This resulted in additional costs of $36,602.37 for the 2021/2022 project, for a contract total of $91,915.85. For this reason, staff desires to increase the total contract amount for FY2022/2023 to $100,000.

Fiscal Impact: The Council approved CIP schedule for FY 22/23 have funds programmed in the Transportation (113) and Measure R (131) accounts specifically for annual road maintenance projects. In addition to these programmed funding sources, a portion of LTF and Measure P funds could potentially be used also.

Prior Council/Board Actions: June 22, 2021, the Council awarded and authorized the City Administrator to execute an initial agreement with Galante Bros. Enterprises, Inc., in an amount not to exceed $55,313.48,
Attachments: Galante Bros. Enterprises, Inc. contract
Environmental Clearance: Not applicable for this project.

Recommended motion to be made by Council/Board: I move to award and authorize the City Administrator to execute an amended agreement with Galante Bros. Enterprises, Inc., of Visalia, CA in an amount not to exceed $100,000, for construction of the 2022/2023 Annual Asphalt Patch Repair Project.

EXHIBIT «C"

ANNUAL CONTRACT FOR ASPHALT PATCH REPAIR
(City of Exeter Bid No. 21-113-01)
This Agreement, entered into and effective this 14th day of September, 2022 ["Effective Date"], by and between the City of Exeter, hereinafter referred to as the "CITY", and Galante Bros. Ent. Inc hereinafter referred to as the "CONTRACTOR" ", "BIDDER" '", or "SUBRECIPIENT".

RECITALS
WHEREAS, CONTRACTOR is an Incorporated (insert individual or entity type) with a primary business address of 2321 E. Noble Ave, Visalia, CA and SSN or EIN: 770551320; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Exeter reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Annual Project; and WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City's option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. "Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHME DESCRIPTION OF ATTACHMENT
NT NO.

Attachment General Contract Provision
1 Attachment City of Exeter Bid 21-113-01, Annual
2 Contract for Asphalt Patch Repair
Attachment CONTRACTOR's bid in response to Bid No.
3 21-113-01

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

SCOPE OF SERVICES/PROJECT
Background: The City of Exeter would like to establish a contract with a Contractor for on-call services as needed to provide asphalt patch repair work on City-owned or Right-of-Way properties, such as, but not limited to streets, alleys, roadways, parking lots and pads. The work includes digouts, patch repair of repaired utility trenches, thin skin patches and pothole patching. The bid forms are broken down by City Quadrants for ease of calculating bids. The quadrants are representative of quantities of work to be performed in 2022, although actual quantities could differ depending on needs and available funding. The awarded Contractor shall be provided scope of work quantities within 14 calendar days using the contracted Unit Bid Price. Upon approval of the scope of work, the contractor shall complete the work within 30 calendar days from Authorization to Proceed from Project Manager. • ANNUAL ASPHALT PATCH REPAIR
Please see attachments:

D - 1 COE PW Standard
D - 2 Section 28 Hot Mix Asphalt Standard
D - 3 AC Patch Repairs - 2022 location list
D-4a NE Quadrant map,
D-4b NW Quadrant map,
D-4c SE Quadrant map,
D-4d SW Quadrant map,
Contractor's Responsibilities: Contractor shall provide all labor, tools, materials and supervision to complete work as estimated and in a timely fashion. All work to be done shall have prior approval of the City of Exeter.

Contractor will also be responsible for obtaining any necessary permits, including approved traffic control plans, that may be required by project and scheduling for inspections prior to beginning any work.

On-Call Work consists of:
a. Demolition and removal of all asphalt and debris which should be properly disposed of at the contractor's expense.
b. Correct any condition contributing to damaging the asphalt (settled, raised, etc.). If damage is caused by a tree or other obstruction that the contractor cannot correct, the contractor shall work with City staff to correct the condition before replacing the asphalt.
c. Preparing the subgrade, laying and finishing the asphalt, with prior inspection in accordance with all applicable City of Exeter construction and building codes, Improvement Standards and Standard Specifications. (Exhibits included in this RFB) d. Protection of affected City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the work being performed, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties. e. Debris removal and cleanup to the City's satisfaction and standard typical mobile traffic control shall be used to protect the public and workers alike.

After work is satisfactorily completed, the contractor will invoice the City.

All safety practices shall be followed according to OSHA standards. Contractor shall be responsible for cleanup and disposal of all material around site area on a daily basis. All work shall be commensurate with the highest professional standards and shall be performed with the public's safety in mind by a licensed contractor.

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates ("Scope of Services"):

All work described in Scope of Services in Bid No. 21-113-01.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor as work is As requested by Contractor
completed and invoiced

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

Total Compensation Not to Exceed: $100,000.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of
invoice for completed work

6. INSURANCE:

With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below.

Commercial General Liability
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

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

Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Coverage shall contain a waiver of subrogation in favor of the City.

Auto Liability
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.

Workers' Compensation and Employers' Liability
Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.

All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. Contractor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.
e. Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for
Subcontractors shall be subject to all the requirements stated herein.
f. Contractor shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:
i. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming
the City as an insured;
ii. Indicate whether coverage provided is on a claims
made or occurrence basis; and
iii. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on
30-days prior written notice to City's Purchasing
Division, Attention:

City Administration Office
100 N. C Street
EXETER, CA 93221
Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claim made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date.

Contractor shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when Contractor has a claim made forms). If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damages from the Contractor resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.

This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable.

7. Indemnification:

Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.

In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of EXETER in any emergency, the Contractor shall unconditionally comply therewith.

It is further expressly agreed by and between the City and the Contractor that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting with this instrument.

8. AFFIRMATION:

Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein.

9. INTEGRATION/MODIFICATION:

The Request for Bids, the Notice and Instructions to Contractors, Bid Proposal, Non Collusion Affidavit, Bidder's Bond, Bond for Faithful Performance, Bond for Material men and Laborers, Contract Agreement, Special Provisions, Project Manual, and the Plans mentioned therein together with all appendices, all of which are hereto attached, are hereby incorporated in and made part of this Agreement.

10. ARBITRATION:

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

11. ATTORNEY FEES:

In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable attorneys' fees and court costs incurred in the action or proceeding brought thereon.

12. FIREARMS PROHIBITED:

Guns may not be carried by Contractor while working on City of Exeter premises without the expressed written approval of the CITY, or an exemption in the contract. If the Contractor is caught carrying a firearm without CITY permission, the contract will be terminated.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR
Dated: By:_
Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF EXETER
Dated: By:_
City Administrator
Dated: By:_
City Attorney
Dated: By:_
City Risk Manager
Dated: By:_
City Manager Project Manager
City of Exeter
Agenda Item Transmittal
Meeting Date: September 13, 2022
For action by:

Agenda Item Number: 11 X_ City Counci
Regular Session:

Wording for Agenda: Consent Calendar
Public Hearing to adopt Resolution 2022-39 accepting the City of X Regular Item Exeter's updated Urban Water Management Plan Public Hearing Submitting Department: Public Works Review:

Contact Name: Daymon Qualls, Public Works Director
Phone Number: 592-3318 City Administrator
Email: [email protected] (Initials Required)
Department Recommendation:

Staff recommends that Council hold a public hearing, accept comment, close the public hearing, and adopt Resolution 2022-39, accepting the City of Exeter's updated Urban Water Management Plan.

Summary/Background:

At the meeting of August 24, 2021, the Exeter City Council authorized the City Administrator to execute an Extra Work Authorization with the City's contract City Engineer firm - QK, in an amount not to exceed $29,600 to update the City's Urban Water Management Plan (UWMP) to comply with current State requirements.

Over the past several months, QK has worked closely with staff to prepare the updated UWMP, ensuring that all elements of the document are compliant with State requirements.

This updated plan will support the City's long-term resource planning and ensure adequate water supplies are available to meet existing and future water demands.

The plan describes and evaluates existing and potentially available water supply sources, promotes conservation, and plans out strategies for responding to water shortages and drought conditions.

A draft of the updated document was made available to the public for their review and comment over the past sixty (60) days. To date, no comments have been received.

Before the City of Exeter can officially accept its updated Urban Water Management Plan, a public hearing must be held.

Fiscal Impact: This project was funded from the water enterprise expenditure account for professional services (105.461.021.000).

Prior Council/Board Actions: Over the years, there have been numerous actions pertaining to the City's Urban Water Management Plan. The most recent action was taken at the Council meeting of August 24, 2021, when the Exeter City Council authorized the City Administrator to execute an Extra Work Authorization with the City's contract City Engineer firm - QK, in an amount not to exceed $29,600 to update the City's UWMP.

Attachments: 1) Resolution 2022-39 adopting an Updated Urban Water Management Plan 2) City of Exeter's updated Urban Water Management Plan (UWMP).

Recommended motion to be made by Council/Board: I move to adopt Resolution No. 2022-39, accepting the City of Exeter's updated Urban Water Management Plan.

RESOLUTION NO. 2022-39

CALIFORNIA ADOPTING AN UPDATED URBAN WATER MANAGEMENT PLAN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER, he City of Exeter has purspare tan Urban Bater Ma Steinet B)a later Code $10610, et seq.

WHEREAS, periodic updates to the Plan are necessary to comply with State regulations; and
WHEREAS, the City's contract engineering firm, QK, has completed the most recent necessary updates to the Plan; and
WHEREAS, the Exeter City Council scheduled a public hearing for September 13, 2022 to accept comment regarding the updated Plan; and
WHEREAS, the public hearing has been held as scheduled and any and all comments have been received and considered regarding the Plan, and said Plan is ready for submission to the Department of Water Resources,
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 13th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor
ATTEST:

Deputy City Clerk
Ilcoe-file\Users\ShonnalMy Documents\S Oneal Files|CC Agenda\CC Agenda\2022 CC Agenda\091322 \Resolution 2022-39 Adopting Updated UWMP.docx ORDINANCE 707
AN ORDINANCE OF THE CITY OF EXETER AMENDING TITLE 17 - ZONING, OF THE EXETER MUNICIPAL CODE, BY ADDING A TEXT AMENDMENT TO SECTION 17.30.04 -

C-H, HIGHWAY COMMERCIAL DISTRICT
The City Council of the City of Exeter does ordain as follows:

Section 1. The City Council of the City of Exeter hereby amends Title 17 - Zoning, of the Exeter Municipal Code, by amending the text of Chapter 17.30, Section 17.30.04 Conditional Uses; and Section 2. The City Council of the City of Exeter has determined that the proposed amendment to the Municipal Code is consistent with the General Plan; and Section 3. All ordinances and parts thereof of the City of Exeter Municipal Code in conflict herewith are hereby repealed; and
Section 4. This ordinance shall take effect (30) days after adoption. Prior to the expiration of fifteen (15) days from the passage hereof, this Ordinance shall be published once in a local paper of general circulation and delivered within Exeter, together with the names of the members of the City Council voting for and against the matter.

Section 5. Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions or this ordinance.

Section 6. The City Council of the City of Exeter hereby codifies the amendments made to Chapter 17.30 of Title 17 (CH Zone (Highway Commercial)) attached in Exhibit "A" of this Ordinance.

Text additions are shown in underline format. Text deletions are shown in strikeout format (i.e., strikeout). Changes in text are shown in bold.

The foregoing Ordinance 707 was considered by the City Council of the City of Exeter upon a motion of Council member , second by Council member at a regular meeting of the Exeter City Council on the 13"h of September 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Mayor
ATTEST:

Deputy City Clerk
Exhibit "A"
'17.30.04 Conditional Uses
A. Churches and other religious institutions
B. Golf driving ranges; miniature golf; racetracks; riding facilities; and other similar commercial recreational facilities.

C. Public buildings and grounds
D. Trailer parks and courts
E. Car washes
F. RV Parks"
ORDINANCE 708
AN ORDINANCE OF THE CITY OF EXETER AMENDING TITLE 17 - ZONING, OF THE EXETER MUNICIPAL CODE, REZONING REAL PROPERTY FROM THE "I" (INDUSTRIAL) DISTRICT TO THE "CH" (HIGHWAY COMMERCIAL) DISTRICT, FOR PARCELS LOCATED ON THE WEST SIDE OF S. KAWEAH AVENUE, ASSESSOR'S PARCEL NUMBERS 135-190-040, 135-190-036, 135-190-037, AND 135-190-039.

The City Council of the City of Exeter does ordain as follows:

Section 1. The City Council of the City of Exeter hereby amends Title 17 - Zoning, of the Exeter Municipal Code, by amending the Zoning Map of the City of Exeter as shown in Exhibit "A" of this ordinance; and
Section 2. The City Council of the City of Exeter has determined that the proposed amendment to the Zoning Map is consistent with the General Plan; and Section 3. All ordinances and parts thereof of the City of Exeter Municipal Code in conflict herewith are hereby repealed; and
Section 4. This ordinance shall take effect (30) days after adoption. Prior to the expiration of fifteen (15) days from the passage hereof, this Ordinance shall be published once in a local paper of general circulation and delivered within Exeter, together with the names of the members of the City Council voting for and against the matter.

Section 6. The City Council of the City of Exeter hereby codifies the amendments made to the Zoning Map attached in Exhibit "A" of this Ordinance.

The foregoing Ordinance 708 was considered by the City Council of the City of Exeter upon a motion of Council member _ second by Council member at a regular meeting of the Exeter City Council on the 13'h of September 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Mayor
ATTEST:

Deputy City Clerk
Exhibit "A"
Legend
City of Exeter Zone Map
Tenta
Zoning
As Stole tea Rouser. 500s
ORDINANCE 709
AN ORDINANCE OF THE CITY OF EXETER AMENDING TITLE 17 - ZONING, OF THE EXETER MUNICIPAL CODE, BY ADDING A TEXT AMENDMENT TO SECTION 17.26.04 -

C-S, SERVICE COMMERCIAL DISTRICT
The City Council of the City of Exeter does ordain as follows:

Section 1. The City Council of the City of Exeter hereby amends Title 17 - Zoning, of the Exeter Municipal Code, by amending the text of Chapter 17.26, Section 17.26.04 Conditional Uses; and Section 2. The City Council of the City of Exeter has determined that the proposed amendment to the Municipal Code is consistent with the General Plan; and Section 3. All ordinances and parts thereof of the City of Exeter Municipal Code in conflict herewith are hereby repealed; and
Section 4. This ordinance shall take effect (30) days after adoption. Prior to the expiration of fifteen (15) days from the passage hereof, this Ordinance shall be published once in a local paper of general circulation and delivered within Exeter, together with the names of the members of the City Council voting for and against the matter.

Section 6. The City Council of the City of Exeter hereby codifies the amendments made to Chapter 17.26 of Title 17 (CS Zone (Service Commercial)) attached in Exhibit "A" of this Ordinance.

Text additions are shown in underline format. Text deletions are shown in strikeout format (i.e., strikeout). Changes in text are shown in bold.

The foregoing Ordinance 709 was considered by the City Council of the City of Exeter upon a motion of Council member , second by Council member at a regular meeting of the Exeter City Council on the 13" of September 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Mayor
ATTEST:

Deputy City Clerk
Exhibit "A"
"17.26.04 Conditional Uses
A. Public buildings and grounds.

B. Churches and other religious institutions
C. Small- animal boarding, hospitals, clinics, kennels and veterinarians D. Martial arts studio
D. E. All uses permitted in the ML district.

E. E. Other uses that are added to this list by the Planning Director consistent with Chapter 17.02 General Provisions."
City of Exeter
Agenda Item Transmittal
Meeting Date: September 13, 2022
For action by:

Agenda Item Number: 15 X City Council
Wording for Agenda: Discussion and consideration of adopting Resolution 2022-40 for grant application, acceptance and execution Regular Session:
for the Exeter-Tooleville Emergency Intertie and Water System Consent Calendar Improvement Project and provide staff direction regarding X Regular Item development of the potential Tooleville consolidation. Public Hearing Review:

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

Staff recommends that the Council discuss and consider adopting Resolution 2022-40 for application, acceptance and execution for the Exeter-Tooleville Emergency Intertie and Water System Improvement Project and provide staff direction regarding development of the potential Tooleville consolidation.

Summary:

The Council subcommittee and staff have been continuing to meet and work with the Tooleville Mutual Non-Profit Water Association (TMPWA) and the State through the process to develop a potential voluntary water system consolidation with Tooleville. Needed improvements have been identified in the feasibility study at a total cost of about $15.6 million and an estimated 8- year time frame. The State Water Board has expressed commitment of grant funding to cover the total cost of these improvements.

While this work has been occurring TMPWA's water system has continued to decline with now only one water producing well and storage tanks being used to help cover peak demands. Due to this INWA water situation a portion of the discussions in the most recent meetings have been in regard to potential interim water supply solutions to use while continuing through the consolidation process. An interim master meter solution was developed by the feasibility study consultant that involved installing a new water well and some water line replacements in Exeter, to increase water production, and a connection line between Exeter and Tooleville to master meter water to the TMNPWA storage tanks. This system could be installed within about two years at a cost of about $7 million and could provide water to the TMPWA should their system fail to do so.

To implement this project quickly emergency funding was needed. The State began searching for grant funding for this interim project and found that the Department of Water Resources (DWR) had the Small Community Drought Relief Program that could potentially provide the necessary funding. Due to a tight deadline, an application was prepared and submitted to DWR.

Approximately two weeks ago DWR announced that they would be able to fund $7.2 million for the interim project. The funding process now requires the approval of the City Council by adoption of the attached resolution for the application, acceptance, and execution of the grant funding agreement.

If the Council chooses to receive this funding and continue with the interim project, the consolidation process is anticipated to continue, in parallel with this interim project, to complete the full list of improvements needed for a consolidation with Tooleville in the future. Along with consideration of adopting this resolution Council can also consider the consolidation anticipated and provide staff any additional direction.

Background:

For many years a connection between the City of Exeter water system and the Tooleville water system has been considered and discussed. At their September 10, 2019 meeting, the Council considered potential connection options, and their various advantages and challenges.

Tooleville residents attending that meeting voiced that they were not interested in any other option than full consolidation. Based on the discussion and the current state of the City and its water system, the Council was concerned with considering a full consolidation and chose to take no action at that point in time.

On August 25, 2021 the City received a letter dated August 23, 2021 from the State Water Resources Control Board, Division of Drinking Water, indicating that they are taking the first step towards ordering a tull consolidation of Tooleville with the City of Exeter by providing a 6- month period for the parties to negotiate a voluntary consolidation pursuant to California Health and Safety Code (CHSC) Section 116682. The order stated that the deadline of completion of this negotiation would be February 23, 2022 and that parties report the outcome of such negotiations no later than two weeks following the deadline, which was March 9, 2022. The order also stated that the reporting shall include the milestones agreed upon to accomplish consolidation, a timeline for completing them and a letter signed by the City stating that they intend to consolidate voluntarily in accordance with the agreed upon milestones and timelines.

The order indicated that the report could be a joint report from the parties or a separate report from each party and hat if a timely voluntary consolidation could not be negotiated, the State Water Board would begin the public meeting process and might exercise it's authority pursuant to CHSC Section 116682(a) to order consolidation.

The TMNPWA and City of Exeter representatives have been meeting regularly since October 4, 2021 discussing what a consolidation might look like and also working with a consultant, Michael Taylor at Provost and Pritchard, to complete a feasibility study that covers all infrastructure needs and cost aspects of a consolidation. Self Help Enterprises, Tulare County and State Water Board and Department of Water Resources Representatives have been involved in the meetings providing related information from their respective areas. Preliminary indications from work on the feasibility study are that some substantial infrastructure considerations will need to be addressed to accommodate a consolidation. The draft feasibility study is in final review to allow for any editing to occur prior to finalizing the document. The infrastructure considerations involve required improvements to the City of Exeter water system to allow for a connection and the improvements needed for a potential connection to Tooleville.

Currently a general description of the needed improvements identified are listed below.

Exeter Water System Improvements - Cost = $11.3 million • Two new water supply wells
A water storage tank of at least 0.5 MG constructed at Dobson Field • A booster pump station constructed at the new water storage tank A new 16 inch diameter pipeline from the new Tank to Rocky Hill Ave. and in Rocky Hill Ave. to 1st St
A new 12 inch diameter pipeline in 3rd St. from Rocky Hill to Firebaugh Ave A new 10 inch diameter pipeline in 2nd St. from Rocky Hill to Firebaugh Ave A new 12 inch diameter pipeline in 1st St. from Rocky Hill to Firebaugh Ave • A new 12 inch diameter pipeline in Firebaugh Ave between 1st St. and 3rd St • A new 12 inch diameter pipeline in Firebaugh Ave. between State Route 65 and Industrial Rd
A new 12 inch diameter pipeline in Firebaugh Ave. between Filbert Rd. to Belmont Rd Pressure Sustaining Valve near Firebaugh Ave and 3rd St. (to keep pressure in Exeter) Tooleville Connection Improvements - Cost = $$4.3 million Utilize the existing TMPWA property south of the Alfred Well for a tank and booster pumping station.

Transmission Pipeline (16" pipe) in Firebaugh to Alfred to the new Tooleville water storage tanks. No connections allowed in the new pipeline due to low pressure.

Booster pump station in at the new Tooleville water storage tanks Individual AMl meters
Radio Tower
• Destroy the Alfred Well and the Morgan Well
Due to the extensive improvements needed and the length of time for the funding process through the State Water Board, the consultant has estimated a time frame of about 8 years to fully complete the above listed improvements and consolidation related processes.

Due to the level of evaluation needed, the TMPWA and City have submitted joint time extension to the State to allow for the feasibility study finalization and consideration of details for a potential consolidation agreement. The State has granted the time extensions to allow for the planning needed for this potential consolidation.

Fiscal Impact: Adopting this resolution would begin the process to receive the $7.2 million of DWR grant funding for the interim project. Fiscal impacts of a consolidation are estimated at an additional $9 million that is anticipated to be provided by State Water Board grant funding yet to be determined
Prior Council/Board Actions:

September 10, 2019 - consideration of water system connection options between the City of Exeter and Tooleville.

September 28, 2021 - Council considered the order from the State and created a temporary Ad Hoc Council subcommittee to be part of the voluntary consolidation negotiation.

February 22, 2022 - Council discussed, considered and approved submittal of a joint Tooleville Mutual Non-Profit Water Association/City of Exeter Voluntary Consolidation Negotiation status report to State Water Resources Control Board.

June 8, 2022 - Council discussed, considered and approved joint Tooleville Mutual Non- Profit Water Association/City of Exeter Voluntary Consolidation Negotiation two (2) month time extension request to State Water Resources Control Board.

Attachments: Resolution 2022-40 - Authorizing The Grant Application, Acceptance, And Execution For The Exeter-Tooleville Emergency Intertie And Water System Improvement Project
Recommended motion to be made by Council/Board: I move to adopt Resolution 2022-40 as presented.

RESOLUTION 2022-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER AUTHORIZING THE

GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE EXETER-TOOLEVILLE

EMERGENCY INTERTIE AND WATER SYSTEM IMPROVEMENT PROJECT WHEREAS, City of Exeter proposes to implement the Exeter-Tooleville Emergency Intertie and Water System Improvement Project; and
WHEREAS, the Exeter-Tooleville Emergency Intertie and Water System Improvement Project is being implemented in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies; and WHEREAS, City Of Exeter has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, City Of Exeter intends to apply for grant funding from the California Department of Water Resources for the Exeter-Tooleville Emergency Intertie and Water System Improvement Project; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Exeter, does hereby resolve as follows:

1. That pursuant and subject to all of the terms and provisions of Budget Act of 2021 (Stats. 2021, ch. 240, § 80), the City of Exeter City Administrator, or designee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources, and take such other actions as necessary or appropriate to obtain grant funding.

2. The City of Exeter City Administrator, or designee is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto.

3. The City of Exeter City Administrator, or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Exeter at a regular meeting held on September 13, 2022, motion by. _and seconded by _, motion passed
by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: Mayor
Deputy City Clerk

Exeter City CouncilSeptember 13, 2022

Exeter City Council
September 13, 2022