EXETER CITY COUNCIL ACTION MINUTES
OCTOBER 25, 2022
A regular session of the City Council, City of Exeter was held on Tuesday, October 25, 2022, at 7:00 p.m., in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Barbara Sally, Frankie Alves, Steve Garver, Dave Hails, and Justin Mills COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, John Hall, Daymon Qualls, Rainbow Moore, and Shonna Oneal A. CALL TO ORDER REGULAR SESSION
Mayor Sally called the regular session to order at 7:00 p.m.
B. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Council Member Mills.
C. SPECIAL PRESENTATIONS (if any): None
D. PUBLIC COMMENTS:
Mike Germaine addressed the Council to express concern with the sprinklers at the dog park.
E. CONSENT CALENDAR:
It was moved by Council Member Hails, seconded by Mayor Pro Tem Alves, and carried unanimously that the items on the Consent Calendar be approved as presented.
1. Approve regular minutes of October 11, 2022
2. Payment of Bills
3. Payroll: October 14, 2022
4. Adopt Resolution 2022-42 approving the Exeter City Council Handbook of Rules and Procedures.
5. Adopt Resolution 2022-43 amending the City's 2022/23 salary schedule to reflect the following:
Update the entry salary for exempt employee classifications of Deputy City Clerk/Personnel Officer and Financial Analyst from $64,468 (annual) to $64,480 (annual) effective December 19, 2022, update the effective date of the hourly rate increase for minimum wage earners to December 19, 2022, and revise the Police Officer Trainee bargaining unit from Unrepresented to CLOCEA, effective October 25, 2022.
6. Adopt Resolution 2022-44 affirming approval of Conditional Use Permit 2022-04, to permit the operation of a martial arts studio located at 221 S. F Street, (APN: 135-122-016), a new business in the CS (Service Commercial) district.
7. Adopt Resolution 2022-45 affirming Conditional Use Permit Amendment 2022-03, amending the existing use permit (CUP2018-02) for Belleraft Brew Co., located at 130 N. E Street (APN: 138-102- 019), an existing business in the CC (Central Commercial) district.
F. INDIVIDUAL BUSINESS ITEMS:
1. Discussion regarding Dobson Field Turf Conditions. - Public Works Director Daymon Qualls provided a report for Council's review and consideration. Council posed questions and Mr. Qualls provided responses thereto. Members of the public provided additional information regarding the field conditions for Council's consideration. Kelly Daly addressed the Council regarding her concerns with the field conditions and inquired about using Measure P. Council posed questions and Mr. Qualls, City Administrator Adam Ennis, and Recreation Coordinator Eli Garver provided a response thereto. Following discussion, no action was requested or taken.
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 7:55 p.m.
Shonna Oneal, City Clerk
AVENU FINANCIAL SYSTEM CITY OF EXETER
11/02/2022 10:40:31 Payments for Publication GL335R-V08.17 PAGE Approved on 10/20/2022 for Payments Through 10/20/2022
Vendor Name Description Amount
ADVENTIST HEALTH TULARE SEPT LAB FEES
AFLAC SEPT 2022 AFLAC
AT&T MOBILITY 8/1-8/31/22
BASIC OCT COBRA FEE
CALIFORNIA BUSINESS MACHINES SERVICE CONTRACT
CENTRAL VALLEY BUSINESS FORMS 1000 ADMIN CITATIONS
CITY OF VISALIA FY22/23 HAZ MAT COST SHA
COLLINS & SCHOETTLER SEPT 2022 PLANNING
COLUMN SOFTWARE PBC PH PC FOOD TRUCK
COOK'S COMMUNICATIONS CORP OUTFITTING OF 2022 CHEV
CULLIGAN AUGUST FD WATER SERV
DAMIAN MARQUEZ UB REFUND
DELTA LIQUID ENERGY, ARRO AUTO 9/21/22 ALDRIDGE GAS
DEPT OF JUSTICE
DESIREE ERWIN
DOOLEY ENTERPRISES, INC. AMMO-9MM115GR FULL METAL
EMD NETWORKING SERVICES, INC. REMOVE CANNON PRINTER FR
EXETER MOTORS, INC. 489.34
FRONTIER CALIFORNIA INC
GALLS PARENT HOLDINGS LLC
HAAKER EQUIP CO
JULYSSA CRUZ
KAWEAH LIFT INC
KELLEY MEREDITH GUENTHER
KEVIN RUDDY
KJUG 2,250.00
LEHR TIMER MODULE E13 126.15
LINA GARZA 27.56
LYLES UTILITY CONSTRUCTION LLC INDUSTRAIL LIFTSTAT REH 291,108.00 MID VALLEY DISPOSAL, LLC AUG 2022 MID VALLEY 102, 772.64
PENA ' S DISPOSAL INC
PROFORCE AIM ACRO P2 RED DOT
PRUDENTIAL OVERALL SUPPLY 961.27
QUAD KNOPF ENGINEERING 16,927.85
ROGERS, ANDERSON, MALODY & JUNE-SEPT 2022 21,450.00
SAN JOAQUIN VALLEY APCD
SELF-HELP ENTERPRISES
SILVER & WRIGHT LLP
SOUTHERN CALIFORNIA EDISON
TOWNE COUNTR RECLAMATE PROJECT RFB
& COUNTRY CAR WASH
TULARE COUNTY INFO TECHNOLOGS CABLE REPLACEMENT AT WAT
US BANK SOLUTIONS USA INC
BANK N.A. SEPT CUSTODY CHARGES
VALLEY EXPETEC NOVEMBER MONTHLY BILLING
VALLEY GREEN LANDSCAPE
VALLEY UNIFORM CENTER
VERIZON WIRELESS
AVENU FINANCIAL SYSTEM CITY OF EXETER
11/02/2022 10:40:31 Payments for Publication GL335R-V08.17 PAGE Approved on 10/20/2022 for Payments Through 10/20/2022
Vendor Name Description Amount
YARBS GRADING AND PAVING, INC. VISALIA RD IMPOR 1,041.67 4 CREEKS, INC 22164 EXETER CITY ST 2,216.00
** Final Totals... 1,232,162.42
AVENU FINANCIAL SYSTEM CITY OF EXETEE
11/02/2022 10:40:31 Payments for Publication GLO60S-V08.17 RECAPPAGE GL335R
FUND RECAP:
PUNI DESCRIPTION DISBURSEMENTS
104 GENERAL FUND 60,882.14
105 20,247.85
106 SANITATION FUND 106,236.38
107 SEWER FUND 257,677.44
109 GAS TAX FUND 10,357.82
111 TRANSPORTATTON FUNDE 1,748.00
113 182,015.98
116 4,768.00
120 1,138.40
121 30.00
131 MEASURE R 4,105.67
140 LANDSCAPE AND LIGHTING DISTR 6,677.85
141 MEASURE P 3,185.11
142 AMERICAN RESCUE PLAN ACT 573,091.78
TOTAL ALL FUNDS 1,232,162.42
BANK RECAP:
BANK NAME DISBURSEMENTS
_-_-
BANK BANK OF THE SIERRA 1,232,162.42
TOTAL ALL BANKS 1,232,162.42
PAYROLL. RUN -10/27/2022 10.20.03 PAGE
CHECK FORM STUB CHECK REGISTER Paymate
PR311R-V14.12
ERIOD 2 DATING 10/10/2022-10/23/2022 CHECK DATE 10/28/202 IRECT DEPOSIT I: TURNED ON
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
50635 156.00 CLOCEA 4 1 VENDOR STUB ONLY
50636 570.00 EXETER POLICE OFFICER AS 3 VENDOR STUB ONLY 50637 156.90 EXETER POLICE OFFICER AS 3A VENDO ONLY
50638 4,668.22 ENNIS/ADAM 206
50639 2,865.39 ONEAL/SHONNA N 203
50640 2,279.76 ROBELLO/HILARY 709
50641 1,319.98 CARTER/AMY JO 502
50642 1,516.10 CORREA/BIANCA 630
50643 1,319.88 GARVER/ELIJAH 712 ONLY
50644 1,038.97 LARSON/MERRI 713 ONLY
50645 3,376.20 PARK MOORE/YUN GYUNG 703 ONLY
50646 597.19 SANCHEZ/CESILIA 307 ONLY
50647 1,476.62 SANTOYO/AIDE G 710 , ONLY
50648 0.00 FRANCO / EEKHONG 304 ONLY
50649 1,610.87 PHILLIPS/ ZACHARY 705 , ONLY
50650 1,441.63 CARRETERO/VANESSA 402 ONLY
50651 2,926.13 CULLUM/TRENT 444 ONLY
50652 2,415.64 DURKEE/MARK 404 ONLY
50653 3,190.04 GIEFER/MICHAEL DAVID 438 ONLY
50654 1,339.51 GRAY / DAIZY 717 ONLY
50655 3,442.16 HALL/JOHN T 406 ONLY
50656 2,111.87 HAYES/CURTIS W 437 ONLY
50657 2,653.15 INGLEHART/BRETT A 411 ONT. V
50658 1,981.69 LUJAN/ JOSHUA 715 ONLY
50659 2,053.30 MARX/CHRIS 706
50660 4,028.57 PHELPS/KEVIN M 429
50661 1,428.86 SHIELDS/ ZION 708
50662 1,696.58 VILLARREAL/ISIDRO 707 ONT.Y
50663 2,592.66 YARBER/ ISABEL 422 ONLY
50664 2,127.35 ALDRIDGE /GARY 618 ONLY
50665 1,970.86 ARROYO/MARIE 623 ONLY
50666 1, 699.84 BRASSFIELD /TRAVIS 619 ONLY
50667 1,713.59 ESPINOLA/DANIEL M 602 ONLY
50668 24.14 GOLDSTROM/NORMAN 629 ONLY
50669 1,628.70 HUGGINS /KYLE AARON 621 ONLY
50670 2,642.90 QUALLS/DAYMON 607 ONLY
50671 246.37 QUALLS / DAYMON 607 ONLY
50672 1,369.41 RAMIREZ/ JUAN 608 ONLY
50673 709.81 WENDT/EDDIE 626
50674 476.24 ROWLETT /JACOB 718
50675 1,560.60 MILLAN/MARCUS 622
50676 1,435.11 MILLER/JAMES 624
50677 1,260.24 QUIROZ/PATRICK P 512
50678 1,785.09 PRIDEAUX/TRACI 448
.S BI - WEEKI UN-10/27/2022 10.20.0 PAGE
HECK FORM STUB CHECK REGISTE R311R-V14.1
Paymate
PERIOD 2 DATING 10/10/2022-10/23/2022 CHECK DATE 10/28/2022
DIRECT DEPOSIT IS TURNED ON
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
TOTALS FOR CHECK FORM: STUB
NEGOTIABLE CHECKS COUNTS
*EMPLOYEE CHECKS
*VENDOR CHECKS
*BANK CHECKS
**TOTAL NEGOTIABLE CHECKS
OTHER CHECKS
0.00 *MANUAL CHECKS
0.00 *CANCELLED CHECKS
0.00 **TOTAL FOR CHECK FORM
NON- NEGOTIABLE CHECKS
76,021.22 *DIRECT DEPOSIT STUBS
882.90 *VENDOR DIR DEP STUBS
City of Exeter
Agenda Item Transmittal
Meeting Date: November 8, 2022
For action by:
Agenda Item Number: H4 X_ City Council
Wording for Agenda: Adopt Resolution 2022-46 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the Regular Session:
City of Exeter through December 8, 2022, Pursuant to Brown Act X Consent Calendar Provisions (AB 361) due to continued State Declaration of Regular Item — Public Hearing
Emergency.
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 2022-46 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through December 8, 2022, Pursuant to Brown Act Provisions (AB 361) due to continued State Declaration of Emergency.
Summary:
On October 11, 2022, the City Council adopted Resolution 2022-41 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 November 10, 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 thirty (30) 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, September 13, and October 11 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, 2022-35, 2022-38, and 2022-41 authorizing remote teleconferencing meetings pursuant to AB361.
Attachments: 1) Resolution 2022-46 Re-Authorizing Remote Teleconference Meetings of all Legislative Bodies of the City of Exeter through December 8, 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 2022-46 as presented.
RESOLUTION 2022-46
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 DECEMBER 8, 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, Resolution 2022-35 on August 23, 2022, Resolution 2022-38 on September 13, 2022, and Resolution 2022-41 on October 11, 2022 finding that the requisite conditions exist for the legislative bodies of the City of Exeter to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and
WHEREAS, as a condition of extending the use of provisions found in section 54953(e), the Exeter City Council must reconsider the circumstances of the state of emergency that exists in the City, and the Exeter City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, a State of Emergency has been proclaimed by the Governor of the State of California; and, WHEREAS, State and local officials continue to promote social distancing measures and City's conference chambers limited capacity could present potential imminent risk to health and safety of attendees if there is heavy attendance in the chambers; and, WHEREAS, the City does hereby accept and acknowledge the proclamation of emergency by the Governor of the State of California; and,
WHEREAS, as a consequence of the proclamation of emergency issued by the Governor of the State of California and the limited size of the Council chambers to conduct business, the City Resolution 2022-46
AB 361 Emergency Teleconferencing
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 December 8, 2022 Passed, approved, and adopted this 8" day of November 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
-
ATTEST: Mayor
City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: November 8, 2022
For action by:
Agenda Item Number: H5 X City Council
Wording for Agenda: Approve the use of Mixter Park and a street closure request from Exeter Chamber of Commerce for E St from Regular Session:
Pine to the public parking lot adjacent to Wildflower Café, leaving the X Consent Calendar parking lot open for public, for Small Business Saturday on Rubica eam November 26, 2022, between the hours of 6:00 am to 3:00 pm, Public Hearing subject to the permit conditions.
Review:
Submitting Department: Public Works City Administrator
Contact Name: Marie Arroyo, Administrative Assistant (Initials Required) Phone Number: 592-3318 x 4002
Email: [email protected]
Department Recommendation:
Approve the use of Mixter Park and Street Closure Request for November 26, 2022, subject to the permit conditions.
Summary/Background:
With Black Friday deals leading many to navigate towards big chain and retail stores for holiday shopping, American Express has led a marketing campaign since 2010 to help small businesses gain exposure and to inspire consumers to shop within their own communities during the holiday season. In support of our local businesses, Exeter Chamber of Commerce is requesting a street closure for KJUG radio to park their trailer with live broadcasting, nonfood related vendors and a local soft rock band will play throughout the day at Mixter Park.
City staff will provide street closure notices and barricades and the applicant will be responsible for the opening and closing of the street.
Staff recommends that Council approve the Street Closure Request subject to the permit conditions.
Fiscal Impact: Other than minimal staff time, there is no negative fiscal impact however there is great potential for local businesses to benefit.
Prior Council/Board Actions: None
Attachments: Street Closure Application
Approved Amplified Sound Permit
Recommended motion to be made by Council/Board: I move to approve the facility use of Mixter Park and a Street Closure Request for Small Business Saturday, November 26, 2022, from 6:00 am to 3:00 p.m. subject to compliance with the permit conditions.
City of Exeter Street Closure Application
n Thuni 350 W. Firebaugh - PO Box 237, Exeter, CA 93221 Ф.#559-592-3318 Fax.# 559-592-3516
EXETER
Date of Event: 11-26-2022
Name of group requesting street closure: Exeter Chamber of Commerce Name of contact person: Tina Rice Phone:
Mailing address: _ 101 W Pine Street Email : [email protected] Alternate Contact Person: _ Sarah Peltzer Machado _Phone_ 559 592-2919 Mailing Address:_ 101 W Pine Street Phone:_559 592-2919 Type of event: Small Business Saturday community event / concert with non-food artisan vendors Time of closure: 6am until 3pm
Details of streets/parking lots/public right of way requesting to be closed: (provide map or additional pages if necessary)
Close E Street from Pine to the edge of the Wildfiower Cafe parking lot, leaving access to the parking lot open.
TR I have been provided a copy of the City of Exeter Street Closure Policy and understand the provisions.
Lachment for in been provided a copy of the City of eter Stret Closure Applicationd my responsibilities.
I understand my $50 application fee is nonrefundable and if my event needs to be rescheduled, I will not be required to pay a second application fee Applicant Signature: Tina Rice Date 10-21-2022
Office use: *********** ****************** ***************** ************ Fee paid
Public Works Director Chief of Police
Council Approval:
EXETER
FACILITY USE APPLICATION
Application Date: 10-21-2022
Facility Requested: Mixter Park Date(s) Needed: November 26, 2022 Reason for Use: Small Business Saturday event. Music being played by a band on and in front of the mural ledge.
Equipment Needed: Outlets on the mural ledge activated
Set up time: 8am Departure time: _ 2:30pm
Event start time: 10am Event end time: 2:00pm
Name of
Organization: _ Exeter Chamber of Commerce
Address: 101 W Pine Street
City: Exeter CA 93221
_State: 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.
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.
Paze 1 of3
2. Users may utilize picnic benches and arbor owned by the City of Exeter and administered by the Exeter Community Services Division. Users must furnish additional equipment as needed. Table settings, kitchen utensils, etc. must be provided by the applicant. All tabletop and benches must be wiped clean and returned to its original place.
3. Nails, thumbtacks, pins, etc. ARE NOT allowed on the arbor structure or lights. ONLY MASKING TAPE MAY BE USED TO ATTACH DECORATIONS TO THE FACILITY. All decorations must be removed at the conclusion of the event.
4. Driving on grass at City Facilities is strictly prohibited.
5. After event has ended, users MUST pick up all trash in and around the activity and deposit into the trash containers provided.
6. REPAIR COSTS: DAMAGES TO ANY STRUCTURE, EQUIPMENT OR GROUNDS ARE THE RESPONSIBILITY OF THE GROUP AND/OR INDIVIDUAL SIGNING FOR THE USE OF THE FACILITY. A PORTION OF, OR THE TOTAL DEPOSIT, MAY BE RETAINED FOR THE REPAIRS, CUSTODIAL OR REPLACEMENT PURPOSES. THE APPLICANT WILL BE BILLED FOR DAMAGES OVER THE AMOUNT OF THE DEPOSIT. A DEPOSIT OF $100 WILL BE REQUIRED.
7. Groups consuming ALCOHOLIC BEVERAGES MUST CONFORM TO THE RULES AND REGULATIONS AS SET FORTH in Chapter 5.08 of the Exeter Municipal Code and MUST APPLY FOR AN ALCOHOLIC BEVERAGE PERMIT through the Exeter Parks and Recreation Department, at least five (5) working days in advance.
INSURANCE & WAIVERS
General Liability Insurance: The undersigned shall maintain commercial general liability insurance with coverage at least as broad as insurance Services Office form CG 00 01 in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage and shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
When alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.
Any failure to comply with reporting provisions of the policies by the Undersigned shall not affect coverage provided the City.
Workers' Compensation: Organizations with employees shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).
Undersigned shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
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.
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
Signature of Applicant: Tina Rice Date: 10-21-2022
Primary Phone Number(s): 559 592-2919 Email: [email protected] Approved by:
Print Name: Print Name:
Signature: Signature:
Fort or the Ol: Rental FicTitie Deposit Fee: Date Paid:_ Cash or Check: Cert. Or Ins. Received. i required:
Pase 3 of 3
City of Exeter
100 Nortf C Street
Exeter, CA 93221
Pf#559-592-3103 FaX# 559-592-3346
EXETER
Title 5, Chapter 5.48 -
Sound-Amplifying Systems, Meetings, Assemblies, Parades & Processions pication for sembles and parades on public streets, sidewalks and parks, also the use ol ound amplitying 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 Phone No. 559 592-2919
Address. 101 W Pine Street
Name of Organization _Exeter Chamber of Commerce Phone No. 559 592-2919 Address 101 W Pine Street
Type of Event Smal Business Sauday community overt / concert Location of Event Mixter Park Date of Event 11-26-2022 Start Time _ 10am End Time 2pm Type of equipment to be used _microphone, speakers, instruments Additional InformationA soft rock band playing in Mixter Park for approximately 2-3 hours.
KJUG Radio will bring "The JUG"
.. Tina Rice _ HEREBY AGREE TO ABIDE BY ALL PROVISIONS
SET FORTH IN CITY ORDINANCE S.48 AND ALL OTHER APPLICABLE ORDINANCES OF THE CITY OF EXETER.
Tina Rice 10-21-2022
-
Applicant Signature Date
Chiefof Police (THIS OUTSIDE AMPLIFIER PERMIT HAS BEEN APPROVED.
City of Exeter
Agenda Item Transmittal
Meeting Date: November 8, 2022
For action by:
Agenda Item Number: H6 X City Council
Wording for Agenda: Approve a street closure request for Pine Street from B Street to F Street and F Street from Pine Street to Regular Session:
X Consent Calendar
Maple Street and all associated alley approaches between the hours Regular Item of 3:00pm-8:00pm on Friday December 9, 2022, for the City of Public Hearing Exeter Christmas Parade, subject to the permit conditions.
Review:
Submitting Department: Public Works
Contact Name: Marie Arroyo, Administrative Assistant City Administrator Phone Number: 592-3318 x 4002 (Initials Required)
Email: [email protected]
Department Recommendation:
Approve the Street Closure Request for December 9, 2022, subject to the conditions presented.
Summary/Background:
After a hiatus of not hosting a community Christmas parade due to COVID restrictions and the rebuilding of the City recreation department, Recreation Coordinator Eli Garver is requesting approval of street closures for the event Friday December 9, 2022. With limited staffing in the recreation department, other City departments and community volunteers will assist.
City public restrooms and trash facilities will be provided, and the Exeter Police Department will provide public safety services.
Staff recommends that Council approve the Street Closure Request subject to the permit conditions.
Fiscal Impact: Other than staff time, there is no fiscal impact.
Prior Council/Board Actions: Previous Christmas Parade Street Closure Requests Attachments: Street Closure Application
Street Closure Map
Amplifying Sound Permit
Recommended motion to be made by Council/Board: I move to approve the Street Closure Request for the City of Exeter Christmas Parade from 3:00 p.m. to 8:00 p.m. on December 9, 2022, subject to compliance with the permit conditions.
City of Exeter Street Closure Application
350 W. Firebaugh - PO Box 237, Exeter, CA 93221
Ph. #559-592-3318 Fax.# 559-592-3516
EXETER
Date of Event: 12 /9/22
Name of group requesting street closure: City of Exeter Name of contact person: ELi Garver Phone:592-3710
Mailingaddress: 137 N.F IT Exeter, SA Email: @[email protected] Alternate Contact Person: Carter Phone 592-3810
Mailing Address: a cartec eZeter citqhall sem Phone:
Type of event: Parade
Time of closure: 3:30 PM until 8:00 PM
Details of streets/parking lots/public right of way requesting to be closed: (provide map or additional pages if necessary)
Diagonal from shell alley way to the courthouseand
B 5, RockyWill Dr through Pine Stund EST Map
EG Behind
_I have been provided a copy of the City of Exeter Street Closure Policy and understand the provisions.
EG 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.
EG I understand my 550 application fee is nonrefundable and if my event needs to be rescheduled, I will not be required to pay a second application fee.
Applicant Signature: Qui els _Date W0/4/22
Office use: *** *************** ********************************* Fee paid
Public Works Director Chief of Police_
Council Approval:
EXETER
FACILITY USE APPLICATION
Application Date: 10/4/22
Facility Requested: Downtown Date(s) Needed: 12/9/22
Reason for Use:Christmas Parade
Equipment Needed: Barricades
Set up time: 3:30 PM Departure time: 8:00 PM
Event start time: 6:30 PM Event end time: 7:30 PM
Name of
Organization: City of Exeter
Address: 137 N. F ST
City:_ Exeter State: CA Zip: 93221
FACILITY USE POLICY
The following rules and regulations will be STRICTLY adhered to and enforced. Any infraction thereof shall be grounds for the immediate termination of the activity.
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.
2. Users may utilize picnic benches and arbor owned by the City of Exeter and administered by the Exeter Community Services Division. Users must furnish additional equipment as needed. Table settings, kitchen utensils, etc. must be provided by the applicant. All tabletop and benches must be wiped clean and returned to its original place.
3. Nails, thumbtacks, pins, etc. ARE NOT allowed on the arbor structure or lights. ONLY MASKING TAPE MAY BE USED TO ATTACH DECORATIONS TO THE FACILITY. All decorations must be removed at the conclusion of the event.
4. Driving on grass at City Facilities is strictly prohibited.
5. After event has ended, users MUST pick up all trash in and around the activity and deposit into the trash containers provided.
6. REPAIR COSTS: DAMAGES TO ANY STRUCTURE, EQUIPMENT OR GROUNDS ARE THE RESPONSIBILITY OF THE GROUP AND/OR INDIVIDUAL SIGNING FOR THE USE OF THE FACILITY. A PORTION OF, OR THE TOTAL DEPOSIT, MAY BE RETAINED FOR THE REPAIRS, CUSTODIAL OR REPLACEMENT PURPOSES. THE APPLICANT WILL BE BILLED FOR DAMAGES OVER THE AMOUNT OF THE DEPOSIT. A DEPOSIT OF $100 WILL BE REQUIRED.
7. Groups consuming ALCOHOLIC BEVERAGES MUST CONFORM TO THE RULES AND REGULATIONS AS SET FORTH in Chapter 5.08 of the Exeter Municipal Code and MUST APPLY FOR AN ALCOHOLIC BEVERAGE PERMIT through the Exeter Parks and Recreation Department, at least five (5) working days in advance.
INSURANCE & WAIVERS
General Liability Insurance: The undersigned shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage and shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
When alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.
Any failure to comply with reporting provisions of the policies by the Undersigned shall not affect coverage provided the City.
Workers' Compensation: Organizations with employees shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).
Undersigned shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
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.
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:_ Eli Garver
Signature of Applicant: Will Date: 10/4/22
Primary Phone Number(s): 592-3710 _ Email: egaruer @exetercitynons Approved by:
Print Name: Print Name:
Signature: Signature:
For Ciy Lise Only: Rental le. Deposit Fee: Diate Paid:_ Cash or Check: Initials: Cert. Or Ins. Received, it required:
BEER
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.
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 Street Closure Request Application Attachment and do hereby certify that / have been duly authorized by the organization which I represent to enter into this agreement, and that the activity which the organization is sponsoring fully meets the conditions set forth herein and that we agree to observe all rules and procedures as stated.
Print Name of Applicant: Eli Garver
Signature of Applicant: Wilb Date: 10/4/12
Primary Phone Number(s): 592-3210 Email: @[email protected]
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City of Exeter
100 North C Street
Exeter, CA 93221
Ph.#559-592-3103 Fax# 559-592-3346
EXETER
Title 5, Chapter 5.48 -
Sound-Amplifying Systems, Meetings, Assemblies, Parades & Processions 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. El; Garner Phone No. 592-3710
Address 137 M. F ST Exeter, CA
Name of Organization City of Exeter Phone No. 592-3710
Address 13Z N Est Exeter, CA
Type of Event_Parade Location of Event_ Downtown
Date of Event 12/9/22 Start Time 5:00PM End Time 7:30 PM Type of equipment to be used Speakers and Cars
Additional Information _
1, Eli Garver _ HEREBY AGREE TO ABIDE BY ALL PROVISIONS SET FORTH IN CITY ORDINANCE 5.48 AND ALL OTHER APPLICABLE ORDINANCES OF THE CITY OF EXETER.
cei es 10/4/22
Applicant Signature Date
[ ] Permit Denied
- •Permit Approved
THIS OUTSIDE AMPLIFIER PERMIT HAS BEEN APPROVED.
City of Exeter
Agenda Item Transmittal
Meeting Date: November 8, 2022
For action by:
Agenda Item Number: H7 X City Council
Wording for Agenda: Approve a facility use request for Mixter Park and the closure of eight (8) parking spaces on the west side of Regular Session:
Mixter Park for the Exeter Chamber of Commerce each Thursday X Consent Calendar Regular Item
from 4:00pm until 9:00pm beginning December 1 and concluding - December 22 for photos with Santa, the Grinch appearance and live Public Hearing music by choir groups, subject to permit conditions. Review:
Submitting Department: Public Works City Administrator
Contact Name: Marie Arroyo, Administrative Assistant (Initials Required) Phone Number: 592-3318 x 4002
Email: [email protected]
Department Recommendation:
Approve a facility use request for Mixter Park and the closure of eight (8) parking spaces on the west side of Mixter Park for the Exeter Chamber of Commerce each Thursday from 4:00pm until 9:00pm beginning December 1 and concluding December 22 for photos with Santa, the Grinch appearance and live music by choir groups, subject to permit conditions.
Summary/Background:
Each Thursday evening in December the Christmas spirit will be alive in Exeter. Many of the downtown businesses will be offering extended hours, rides will be offered on the antique firetruck, appearances by the Grinch, choir performances and of course, opportunities to meet Santa and Mrs. Claus.
City staff will provide parking closure notices and barricades and the applicant will be responsible for the opening and closing of parking spaces.
Staff recommends that Council approve the facility use and parking closure request subject to the permit conditions.
Fiscal Impact: Other than staff time, there is no negative fiscal impact; however, there is great potential for local businesses to benefit from these events.
Prior Council/Board Actions: None
Attachments: Facility Use Application
Amplified Sound Permit
Recommended motion to be made by Council/Board: I Move to approve the facility use request for Mixter Park and the closure of eight (8) parking spaces on the west side of Mixter Park for the Exeter Chamber of Commerce each Thursday from 4:00pm until 9:00pm beginning December 1 and concluding December 22 for photos with Santa, the Grinch appearance and live music by choir groups, subject to permit conditions.
FACILITY USE APPLICATION
Application Date: 10/28/2022
Facility Requested: Mixter Park Date(s) Needed: December 1, 8, 15,22 Reason for Use: Visits and pictures with Santa Claus, local choir groups singing. The Exeter Grinch appearances and for waiting to ride on the antique fire truck.
Equipment Needed: NA
Set up time: 400pm Departure time: 2.00pm
Event start time: 500pm 9:00pm
Event end time:
Name of
The Exeter Chamber of Commerce
Organization:
101 W Pine Street
Address:
Exeter California 93221
City:_ _State:_ 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.
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.
Paze 1 of 3
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 o the event.
4. Driving on grass at City Facilities is strictly prohibited.
5. After event has ended, users MUST pick up all trash in and around the activity and deposit into the trash containers provided.
6. REPAIR COSTS: DAMAGES TO ANY STRUCTURE, EQUIPMENT OR GROUNDS ARE THE RESPONSIBILITY OF THE GROUP AND/OR INDIVIDUAL SIGNING FOR THE USE OF THE FACILITY. A PORTION OF, OR THE TOTAL DEPOSIT, MAY BE RETAINED FOR THE REPAIRS, CUSTODIAL OR REPLACEMENT PURPOSES. THE APPLICANT WILL BE BILLED FOR DAMAGES OVER THE AMOUNT OF THE DEPOSIT. A DEPOSIT OF $100 WILL BE REQUIRED.
7. Groups consuming ALCOHOLIC BEVERAGES MUST CONFORM TO THE RULES AND REGULATIONS AS SET FORTH in Chapter 5.08 of the Exeter Municipal Code and MUST APPLY FOR AN ALCOHOLIC BEVERAGE PERMIT through the Exeter Parks and Recreation Department, at least five (5) working days in advance.
INSURANCE & WAIVERS
General Liability Insurance: The undersigned shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Undersigned's general liability policies shall be primary and shall not seek contribution from the City's coverage and shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
When alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.
Any failure to comply with reporting provisions of the policies by the Undersigned shall not affect coverage provided the City.
Workers' Compensation: Organizations with employees shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).
Undersigned shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Indemnity/Hold Harmless Agreement: Undersigned shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and Pace 2 of 3
costs of litigation ("claims), arising out of the Undersigned's performance of its obligations under this agreement or out of the operations conducted by Undersigned, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Undersigned's performance of this agreement, the Undersigned shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
Communicable Disease Waiver and Release: The coronavirus ("COVID-19") has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend face coverings and social distancing. The City of Exeter cannot guarantee that you will not become infected with COVID-19. Further, attending this facility for a program or activity could increase your risk of contracting COVID-19. By signing this agreement, participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that he/she may be exposed to or infected by COVID-19 while attending this facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of himself/herself and others, including, but not limited to, City of Exeter employees, volunteers, and program participants and their 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
Signature of Applicant: Tina Rice Date: 10/28/2022
Primary Phone Number(s): 559 592-2919 Email: [email protected] Approved by:
Print Name: Print Name:
Signature: Signature: _
For Cil! Use Only: Rental Fee_ Deposit Fee: Date Paid:.
Cash or Check: Initials: Cert. Of Ins. Received. i required: _
City of City of Exeter
100 North C Street
Exeter, CA 93221
Ph.#559-592-3103 Fax# 559-592-3346
EXETER
Title 5, Chapter 5.48 -
Sound-Amplifying Systems, Meetings, Assemblies, Parades & Processions 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 559 592-2919
Phone No.
Address 101 W Pine Street, Exeter, CA
Name of Organization Exeter Chamber of Commerce Phone No. 559 592-2919 Address 101 W Pine Street, Exeter, CA
Type of Event Christmas Open House Mixter Park
Location of Event
Date of Event December 1, 8. 15.22 Start Time 5:00pm 8:00pm End Time_
Type of equipment to be used Speaker and microphone
Additional Information The speaker and microphone will be used for making general announcements and for conducting a countdown to tum on the Christmas lights Tina Rice - Exeter Chamber
SET FORTH CITY ORDINANCE SERE AT ARE BALL PROS
OF THE CITY OF EXETER.
Tina Rice 10/28/2022
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Applicant Signature
Chief of Police -