LINDSAY CITY COUNCIL
REGULAR MEETING AGENDA
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on January 25, 2022 at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087.
Persons with disabilities who may need assistance should contact the City Clerk at least 24 hours prior to the meeting at (559) 562-7102 ext. 8011 or via email at [email protected].
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE
Led by Council Member Sanchez.
4. APPROVAL OF AGENDA
5. PUBLIC COMMENT
The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via email. Public comments received via email will be distributed to the Council prior to the start of the meeting and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time.
6. COUNCIL REPORT
7. CITY MANAGER REPORT
8. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
8.1 Waive Full Reading of All Ordinances In Full and Authorize Reading by Title Only
8.2 Minutes from January 11, 2022 City Council Regular Meeting (pp. 5-9)
8.3 Second Reading of Ordinance 594, An Ordinance of the City of Lindsay Amending Chapter
5.28.040 of Title 5 of the Lindsay Municipal Code, Amending Cannabis Dispensaries January 25, 2022 Regular Meeting of the Lindsay City Council
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Permitted Uses And Zoning; and Amending Chapter 18.10.030 of Title 18 of the Lindsay Municipal Code, Central Commercial District Conditional Uses (pp. 10-14)
8.4 Minute Order Approval of Request for Proposal (RFP) for Audit Services (pp. 15-46)
8.5 Minute Order Approval of Appointment of Council Member Representatives to Boards, Agencies, and Committees (pp. 47-49)
8.6 Minute Order Approval of the City Council Regular Meeting Schedule for January – December 2022 (pp. 50-51)
8.7 Consider the Minute Order Approval of Sewer Connection for Assessor’s Parcel Number (APN) 202-152-018 (pp. 52-54)
8.8 Consider the 1) Approval of Resolution 22-01, Declaring a Portion of Unused Public Property Exempt Surplus Land Under the Surplus Land Act; and 2) Minute Order Authorization of the Sale of Said Property to Millbrook Investments, LLC for the Development of a New Single-Family Subdivision (pp. 55-58)
8.9 Consider the Approval of Resolution 22-04, Authorizing Submittal Of Application(s) for All CalRecycle for Grants For Which The City Of Lindsay Is Eligible (pp. 59-62)
8.10 Warrant List for December 29, 2021 through January 19, 2022 (pp. 63-71)
9. PRESENTATIONS
9.1 Update from the Lindsay High School Associated Student Body (ASB) Representative Presented by Rogelio Castillo, ASB Representative
9.2 City Council Goals and Objectives 2022-2023
Presented by Joseph M. Tanner, City Manager
9.3 Quarterly Financial Update
Presented by Juana Espinoza, Finance Director
10. PUBLIC HEARINGS
10.1 First Reading of Ordinance 595, An Ordinance of the City of Lindsay Amending Title 3 of the Lindsay Municipal Code, Amending Utility Users Tax (pp. 72-103) a. Consider Approval of Resolution 22-02, Authorizing the City Manager to Execute Agreement with the California Department of Tax and Fee Administration for Implementation of the Local Prepaid Mobile Telephony Services Collection Act b. Consider the Approval of Resolution 22-03, Authorizing the Examination OF Prepaid Mobile Telephony Service’s Surcharge and Local Charge Records Presented by Juana Espinoza, Finance Director
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10.2 Third Reading of Ordinance 593, An Ordinance of the City of Lindsay Amending Title 5 of the Lindsay Municipal Code, Adding Chapter 5.37 Mobile Vending Establishing Permitting Procedures and Regulations (pp. 104-109)
Presented by Ed Real, Assistant City Planner
11. ACTION ITEMS
11.1Consider Proposal Received in Response to the Friday Night Market Request for Proposal and Provide Direction to Staff (110-140)
Presented by Joseph Tanner, City Manager
11.2 Selection of Mayor Pro Tem for a One-Year Term Commencing on January 25, 2022 (p. 141)
Presented by Mayra Espinoza-Martinez, Executive Projects Manager/City Clerk
12. EXECUTIVE (CLOSED) SESSION
12.1 Conference with Labor Negotiators Pursuant to Cal Gov. Code § 54957.6 Agency Designated Representative: Joseph M. Tanner, City of Lindsay Employee Organization: Lindsay Public Safety Officers’ Association
12.2 Conference with Labor Negotiators Pursuant to Cal Gov. Code § 54957.6 Agency Designated Representative: Joseph M. Tanner, City of Lindsay Employee Organization: Lindsay Miscellaneous Employees Bargaining Unit
12.3 Conference with Real Property Negotiators
Pursuant to Cal Gov. Code § 54956.8
Property: 365 N Sweetbriar Ave, Lindsay, CA 93247 APN 205-293-015-000 Agency Negotiator: Joseph M. Tanner, City of Lindsay
Negotiating Parties: California Department of Housing and Community Development Under Negotiation: Terms and Conditions of Potential Sale
12.4 Conference with Real Property Negotiators
Pursuant to Cal Gov. Code § 54956.8
Property: 100 E Honolulu St, Lindsay, CA 93247 APN 205-236-014 Agency Negotiator: Joseph M. Tanner, City of Lindsay
Negotiating Parties: Jose Cabrera. Property Owner
Under Negotiation: Terms and Conditions of Potential Sale
12.5 Conference with Real Property Negotiators
Pursuant to Cal Gov. Code § 54956.8
Property: 122 E Honolulu St, Lindsay, CA 93247 APN 205-236-013 January 25, 2022 Regular Meeting of the Lindsay City Council
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Agency Negotiator: Joseph M. Tanner, City of Lindsay
Negotiating Parties: Salvador Perez, Property Owner
Under Negotiation: Terms and Conditions of Potential Sale
13. REQUEST FOR FUTURE ITEMS
14. ADJOURNMENT
Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed.
Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the office of the Deputy City Clerk at (559) 562-7102 x 8025. Notification 48 hours prior to the meeting will enable the City to ensure accessibility to this meeting and/or provision of an alternative format of the agenda and documents in the agenda packet.
January 25, 2022 Regular Meeting of the Lindsay City Council
LINDSAY CITY COUNCIL
REGULAR MEETING AGENDA
MINUTES
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on January 11, 2022 at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087.
Persons with disabilities who may need assistance should contact the City Clerk at least 24 hours prior to the meeting at (559) 562-7102 ext. 8011 or via email at [email protected].
1. CALL TO ORDER
2. ROLL CALL
Present Council Member SERNA
Mayor Pro Tem FLORES
Mayor CAUDILLO
Council Member CERROS
Council Member SANCHEZ
Absent N/A
3. PLEDGE
Led by Council Member CERROS
4. APPROVAL OF AGENDA
Motion to Approve Agenda
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SERNA CAUDILLO (5-0)
Approved Aye Aye Aye Aye Aye
5. PUBLIC COMMENT
• None.
6. COUNCIL REPORT
• Councilmember SERNA shared with Council that COVID-19 self-testing kits are being issued by the school district to Lindsay families; the Lindsay Wellness Center continues offering COVIDJanuary 25, 2022 Regular Meeting of the Lindsay City Council
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19 vaccines and booster shots, he encouraged the community to take advantage of this, and shared the Lindsay Wellness Center monthly membership specials. • Mayor Pro-tem FLORES had no report and wished everyone a happy and healthy new year. • Councilmember CERROS spoke to the Bank of Sierra Regional Vice President regarding the importance of the bank to the Lindsay community and will continue to update the Council on their conversations, shared that he has been selected as an Intern for Senator Hurtado’s office and will utilize this to promote the City.
• Councilmember SANCHEZ had no report and wished everyone a happy new year. • Mayor CAUDILLO shared with Council and the public that there are Tulare County Regional Transit Agency (TCRTA) grants available to the city; Tulare County has new zero-emission vehicles that follow COVID protocols; TCRTA has 26 transit routes and 100 vehicles in Tulare County and 100, and she hopes that the city can open a transit center in Lindsay.
7. CITY MANAGER REPORT
• Wished Council and audience a happy and healthy new year. • In 2021, Tulare County was averaging 400-500 COVID-19 cases per week. • So far this year Tulare County has been averaging over 1,000 COVID-19 cases per week. • Currently many city employees are out of the office with COVID-19 or have been exposed.
Internal operations at the city may be modified based on newly released COVID guidelines. • The city purchased an animal control vehicle from the City of Woodlake. • The California Office of Emergency Services (Cal OES) contacted the city regarding Senator Hurtado’s Fire Safety and Preparedness Grant and the city should receive the funds soon. • One proposal was received for the Friday Night Market Operations Request for Proposal. • The Lindsay Department of Public Safety is teaming up with the Tulare County Sheriff’s office and neighboring cities for a ‘Coffee with a Cop’ event on Saturday, January 22, 2022. • The city audit will be presented soon as well as numerous corrective action plan items.
8. RECOGNITIONS
8.1 National Law Enforcement Appreciation Day Proclamation (p.4)
9. PRESENTATIONS
9.1 Tulare County Regional Transit Agency (TCRTA) Transit Fair Fees Presented by Rich Tree, Executive Director
10. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
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10.1Waive Full Reading of All Ordinances In Full and Authorize Reading by Title Only
10.2 Minutes from December 14, 2021 City Council Regular Meeting (pp. 5-10)
10.3Warrant List for November 04, 2021 Through December 06, 2021 (pp. 11-20)
10.4Warrant List for December 07, 2021 Through December 28, 2021 (pp. 21-31)
10.5Treasurer’s Report for November 2021(p. 32)
10.6Treasurer’s Report for December 2021 (p. 33)
10.7 Second Reading of Ordinance 592, An Ordinance Providing for the Payment of Salaries to Members of the City Council in the City of Lindsay and Declaring the Operative and Effective Dates of Said Ordinance (pp. 34-38)
10.8 Minute Order Approval of the West Hermosa Street Corridor and Neighborhood Enhancement Plan Request for Proposals (RFPs) submitted and the Recommendation to Award the contract to KTU&A. (pp. 39-41)
Motion to Approve Consent Calendar
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SERNA (5-0)
Approved Aye Aye Aye Aye Aye
11. DISCUSSION ITEMS
11.1Review of the City of Lindsay’s Allocation of American Rescue Plan Act (ARPA) Grant Funds and Recommendations on the Use of Funds (pp.42-61) Presented by Joseph Tanner, City Manager
12. PUBLIC HEARINGS
12.1 Second Reading of Ordinance 593, An Ordinance of the City of Lindsay Amending Title 5 of the Lindsay Municipal Code, Adding Chapter 5.37 Mobile Vending Establishing Permitting Procedures and Regulations (pp. 62-67)
Presented by Edward Real, Assistant City Planner
Motion to Continue Public Hearing To Next Regular Council Meeting 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SERNA (5-0)
Approved Aye Aye Aye Aye Aye
12.2 First Reading of Ordinance 594, An Ordinance of the City of Lindsay Amending Chapter
5.28.040 of Title 5 of the Lindsay Municipal Code, Amending Cannabis Dispensaries January 25, 2022 Regular Meeting of the Lindsay City Council
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Permitted Uses And Zoning; and Amending Chapter 18.10.030 of Title 18 of the Lindsay Municipal Code, Central Commercial District Conditional Uses (pp. 68-72) Presented by Edward Real, Assistant City Planner
• Mayor CAUDILLO opened the public hearing at 7:16 PM.
• Receiving no public comment, Mayor CAUDILLO closed the public hearing at 7:17 PM.
Motion to Approve Item 12.2
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (5-0)
Approved Aye Aye Aye Aye Aye
13. ACTION ITEMS
13.1Consider the Minute Order Approval of Olive Bowl/Kaku Park Fundraising Partnership with the Visalia Rawhide Minor League Baseball Club and Authorization to the City Manager to Execute Any Documents Thereto (pp. 73-76)
Presented by Francesca Quintana, Executive Assistant/Deputy City Clerk Motion to Approve Item 13.1
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SERNA (5-0)
Approved Aye Aye Aye Aye Aye
13.2Consider the Approval of Resolution 21-50, Approving and Adopting the City of Lindsay City Council Handbook (pp. 77-99)
Presented by Mayra Espinoza-Martinez, City Clerk/Executive Projects Manager Motion to Approve Item 13.2
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SANCHEZ CERROS (5-0)
Approved Aye Aye Aye Aye Aye
13.3Review Existing Appointments and Consider the Minute Order Approval of Appointment of Council Member Representatives to Boards, Agencies, and Committees (pp. 100-102) Presented by Francesca Quintana, Executive Assistant/Deputy City Clerk • No action taken.
14. REQUEST FOR FUTURE ITEMS
• Councilmember CERROS requested that the city consider hiring more high school interns from Lindsay High School.
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• Councilmember CERROS requested for city staff to inspect the skate park for damages/hazards. • Mayor Pro Tem FLORES requested an update on the park shade structures. • Mayor Pro Tem FLORES requested city staff report on ARPA expenditures to Council regularly.
15. ADJOURNMENT
Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the office of the Deputy City Clerk at (559) 562-7102 x 8025. Notification 48 hours prior to the meeting will enable the City to ensure accessibility to this meeting and/or provision of an alternative format of the agenda and documents in the agenda packet.
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Curtis Cannon, Interim Assistant Director of City Services & Planning DEPARTMENT:
ITEM NO.:
Planning, City Services
8.3 MEETING DATE: January 25, 2022
ACTION & RECOMMENDATION
Second Reading of Ordinance 594, An Ordinance of the City of Lindsay Amending Chapter 5.28.040 of Title 5 of the Lindsay Municipal Code, Amending Cannabis Dispensaries Permitted Uses And Zoning; and Amending Chapter 18.10.030 of Title 18 of the Lindsay Municipal Code, Central Commercial District Conditional Uses.
BACKGROUND | ANALYSIS
Staff is recommending Council approval of Ordinance No. 594 to permit Cannabis Cultivation in the Central Business District of the Central Commercial zone. Cultivation would be permitted as a Conditional Use within a Cannabis Dispensary and shall not exceed 20% of the gross leasable area.
FISCAL IMPACT
Permitting cannabis cultivation within a cannabis dispensary would provide the City with an addition source of tax revenue that would go towards the City’s general fund.
ATTACHMENTS
• Ordinance No. 594
January 25, 2022 Regular Meeting of the Lindsay City Council
ORDINANCE NO. 594
AN ORDINANCE OF THE CITY OF LINDSAY
AMENDING CHAPTER 5.28.040 CANNABIS DISPENSARIES PERMITTED USES AND ZONING;
AMENDING CHAPTER 18.10.030 CC CENTRAL COMMERCIAL DISTRICT CONDITIONAL USES;
THE CITY COUNCIL OF THE CITY OF LINDSAY DOES ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The provisions of this ordinance are intended amend Chapter 5.28.040 and 18.10.030 to permit Cannabis Cultivation in the Central Business District of the Central Commercial zone.
Section 2. CODE ENACTMENT. Lindsay Municipal Code, Chapter 5.28.040 and 18.10.030 is hereby amended as follows:
Chapter 5.28.040
CANNABIS DISPENSARIES PERMITTED USES AND ZONING;
Chapter 18.10.030
CC CENTRAL COMMERCIAL DISTRICT CONDITIONAL USES;
5.28.040 Cannabis Dispensaries Permitted Uses And Zoning A. Business Owners meeting the requirements of this chapter shall be allowed to conduct Cannabis Dispensary Operations within the Central Business District of the CC-Central Commercial zone district of the City upon approval of a conditional use permit in accordance with Title 18 of the Municipal Code: The Cannabis Dispensary Operation shall at all times be in compliance with this chapter as it may be amended from time to time or repealed and replaced by another chapter governing the Cannabis Dispensary operation.
B. A Commercial Cannabis Business meeting the requirements of this chapter that includes an entertainment venue permitting the sale for on-site consumption of cannabis, including comedy clubs, and cannabis cultivation that does not exceed 20% of the gross leasable area shall be allowed to conduct operations within the Central Business District of the CC-Central Commercial zone district of the City upon approval of a conditional use permit in accordance with Title 18 of the Municipal Code. The Commercial Cannabis Business shall at all times be in compliance with this chapter as it may be amended from time to time or repealed and replaced by another chapter governing the Cannabis Dispensary operation and shall at all times meet the requirements of the State of California.
January 25, 2022 Regular Meeting of the Lindsay City Council
All other code sections in Title 5 of the Lindsay Municipal Code shall remain unchanged.
18.10.030 CC Central Commercial District
Conditional Uses – City Council Approval. The Following uses may be permitted in accordance with the provisions of Chapter 18.17:
Bars, cocktail lounges and nightclubs;
Cannabis Cultivation within a cannabis dispensary, up to 20% of the gross leasable area; Cannabis delivery service from an authorized cannabis dispensary; Cannabis dispensaries in a retail cannabis dispensary zone; Car washing, self-service and coin-operated;
Churches;
City, county, state or federal administrative offices, libraries, police and fire stations; Convenience store/mini-mart;
Dance halls;
Entertainment venue in a retail cannabis dispensary zone permitting the sale for on-site consumption of cannabis, including comedy clubs, as authorized by, and which meet the requirements of, the State of California;
Farmers markets, including indoor and outdoor facilities; Mini-storage facilities;
Pool halls;
Residential use in conjunction with a permitted use in accordance with requirements of the RM-1.5 district;
Service commercial uses designated by an asterisk (*) as listed under Section 18.10.040(B) of this chapter, which include incidental retail and office use; Temporary revival church services.
All other code sections in Title 18 of the Lindsay Municipal Code shall remain unchanged.
Section 4. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) [the activity will not result in direct or reasonably foreseeable indirect physical changes in the environment].
January 25, 2022 Regular Meeting of the Lindsay City Council
Section 5. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Lindsay, or any official, employee or agent thereof.
Section 6. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 7. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Lindsay hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 8. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Lindsay Municipal Code as amended by this ordinance are substantially the same as provisions in the Lindsay Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 9. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(l) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.
THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the __th day of ________________ 2022.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the __th day of ________________ 2022.
January 25, 2022 Regular Meeting of the Lindsay City Council
CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Ramona Caudillo, Mayor
ATTEST:
____________________________________
Mayra Espinoza-Martinez, City Clerk
January 25, 2022 Regular Meeting of the Lindsay City Council
CITY OF Lindsay
REQUEST FOR PROPOSAL (RFP)
FOR
Audit Services
PROPOSALS MAY BE
MAILED OR DELIVERED IN
PERSON TO THE
CITY OF LINDSAY
Attn: Juana Espinoza
AT 251 E Honolulu St., Lindsay, CA 93247
RFP RELEASE DATE: January 26, 2022
PROPOSALS MUST BE RECEIVED BY 4:00
P.M. (Pacific Time) ONTHE DATE INDICATED BELOW:
February 28, 2022
January 25, 2022 Regular Meeting of the Lindsay City Council
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CITY OF LINDSAY
AUDIT SERVICES AND PREPARATION OF COMPREHENSIVE ANNUAL FINANCIAL REPORT
REQUEST FOR PROPOSALS
Table of Contents
Contents
INTRODUCTION........................................................................................................................................ 2 BACKGROUND .......................................................................................................................................... 2 OBJECTIVE ................................................................................................................................................ 4 PROJECT SCHEDULE.............................................................................................................................. 4 SCOPE OF SERVICES............................................................................................................................... 4 GENERAL.................................................................................................................................................... 7 City Requirements ..................................................................................................................... 8 PROPOSAL FORMAT AND CONTENT................................................................................................. 8 CRITERIA FOR SELECTION ................................................................................................................ 10 PROPOSAL REQUIREMENTS .............................................................................................................. 12 General Requirements .............................................................................................................. 12 Format for Proposal ................................................................................................................. 13 January 25, 2022 Regular Meeting of the Lindsay City Council
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INTRODUCTION
The City of Lindsay (City) is requesting sealed proposals for Audit Services and Preparation ofthe Comprehensive Annual Financial Statements, including the Local Transportation Fund, for the three fiscal years ending in June 30, 2022, 2023, 2024 and two possible one-year extensions for fiscal years ending June 30, 2025 and 2026. All proposals must be received by the City, no later than 4:00 pm (Pacific Standard Time) on Monday, February 28, 2022. The original signed proposal is to be submitted in sealed packages with the name of the Certified Public Accounting Firm clearly marked on the outside of the package. An electronic copy (PDF) of the signed proposal shall also be submitted. To be considered, the hard copies of the proposal shall be submitted to the City Clerk of the City of Lindsay no later than 4:00 pm on Friday, February 28, 2022. If the City does not receive the signed proposal by the deadline the proposal shall be deemed late. Late proposals will not be considered and all proposals received after the time and date stated above shall be returned unopened to the proposer.
Proposal must be responsive to the City’s request. The City shall determine the most responsive and qualified auditor (aka consultant) providing the best service at the most reasonable cost.
Cost alone shall not be the determinative factor.
The request for proposals does not obligate the City to award a contract or complete the project and the City reserves the right to cancel the solicitation if deemed in its best interest. There is no expressed or implied obligation for the City to reimburse respondents for any expenses incurred in preparing proposals in response to this Request for Proposals (RFP), including any expenses incurred due to participation in this RFP process.
The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that firm is ultimately selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the subsequent contract between the City and the firm selected.
The City wishes to negotiate a fixed price contract with a “not to exceed” dollar total based on a clearly defined scope of work.
BACKGROUND
The City of Lindsay incorporated in 1910, as general law city of the State of California, and reclassified to a Charter City January 8, 1996, filed with the State of California in April 1996.
Lindsay is located in the middle of the state in the Central San Joaquin Valley. The Central Valley is considered to be a national and world leader in the agricultural industry, with dairy, citrus and deciduous crops the primary commodity around the Lindsay area. The City of Lindsay currently occupies an incorporated area of 2.41 square miles with an urban development boundary of 3.9 miles and serves a population of 13,310 (2019) – an increase of
28.1% since 2000.
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The City of Lindsay is a full service municipality and provides the following services to its citizens: general administration and finance, police and fire protection, community and economic development, public works, parks and leisure services, transit (contracted with County), water, sewer and solid waste disposal services.
The City has an operating budget for Fiscal year 2020/2021 of approximately $15.5 million and approximately 60 full-time employees and 10 part-time and/or seasonal employees.
The Finance Department is responsible for the accounting and financial reporting functions of the City. The City currently utilizes Central Square Technologies financial software with the following fund structure:
General Fund 1
Special Revenue Fund 10
(includes Gas Tax, Transportation, 8 Assessment Districts) Debt Service Funds 1
Capital Project Funds 1
Enterprise Funds 5
Internal Service Funds 1
(Street Improvement Fund)
Fiduciary Fund (former RDA) 1
Housing Fund (FTHB/Rehab) 3
(CalHome RLF, HOME RLF, CDBG RLF)
More information regarding the City and its organization, such as governmental structure, services provided, the current Operating and Capital Budgets and Comprehensive Annual Financial Report, is available on the City website at www.lindsay.ca.us.
The city received clean audit opinions for the most recent audit for fiscal year ending June 30, 2020 and has had no major audit adjustments proposed. Internal control recommendations for improvement starting in fiscal year 2012 have been implemented and no new findings were identified in the most recent audit for fiscal year ending June 30, 2020. The city wishes to apply for and received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for future fiscal years.
Keeping the City’s Goal of Financial Sustainability and Economic Sustainability in mind, the purpose of the requested services is to ensure the City maintains internal control procedures to protect from fraud or misappropriation and report accurately the financial position of the city’s funds.
The last request for proposal for audit services was issued in 2017 for the three-year period ending June 30, 2020 with the possibility of two one-year extensions.
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OBJECTIVE
The objective of the RFP is to receive proposals for Audit Services and Preparation of the Comprehensive Annual Financial Report that includes audit of all financial transactions for the city’s funds and separate financial reports for the City of Lindsay, and its Transportation Development Act Funds comprised of the Transit Enterprise Fund, Bike Path Special Revenue Fund and Local transportation Roads Special Revenue Fund. In addition, the audit should incorporate year-end preparation of the State Controller’s Reports for Cities Financial Transactions, Annual Street Report, and Transit Operators Annual Financial Transactions Report. Lastly, consistent with the California State Constitution, an audit of the City’s Gann Limit should be conducted.
PROJECT SCHEDULE
Below is the desired schedule for initiation of this project; however, dates may be subject to change and adjusted, as necessary.
RFP Issued January 26, 2022
Request for Clarifications due February 14, 2022
Clarification Responses Provided February 21, 2022
Proposal Submittal Deadline February 28, 2022
Review of Audit Proposals Week of February 28, 2022
Contract awarded by City Council March 8-22, 2022
SCOPE OF SERVICES
The City desires an Audit Opinion and Comprehensive Annual Financial Report (CAFR) to be prepared by the independent auditor for the fiscal year ending June 30, 2022, and each of the subsequent years of the contract (June 30, 2023, and 2024) and two possible carryover years 2025 and 2026. The City wishes to submitting the CAFR to the Government Finance Officers Association (GFOA) for review in its Certificate of Achievement for Excellence in Financial Reporting program annually beginning fiscal year ending June 30, 2022.
A. Scope of Services
The scope of services will include, but is not limited to, the following:
1. The audit firm will perform an audit of all funds of the City. The audit will be conducted in accordance with auditing standards generally accepted in the United States of America, and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller of the United States.
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2. The City desires the auditor to prepare a CAFR. The CAFR will be prepared in accordance with the latest Governmental Accounting Standards Board (GASB) pronouncements, as required. The cost of preparing a CAFR should be separately presented in the cost proposal.
3. The audit firm will express an opinion as to the fair presentation of the basic financialstatements of the City, in accordance with GASB, and applicable laws and regulations. The audit firm will also apply limited audit procedures to Management’s Discussion and Analysis (MD&A), and required supplementary information pertaining to the General Fund and each major fund of the City. The audit firm will provide the City with assistance in developing necessary charts and tables for the MD&A based on data presented in the CAFR.
4. The audit firm will perform financial audits on and prepare financial reports for the Local Transportation Funds - Transit and Non-Transit, for submission to the Tulare County Association of Governments (TCAG).
5. The audit firm will be required to assist/train staff in development of year end entries to recognize pension and Other Post Employment benefit (OPEB) costs based on current actuarial reports.
6. The audit firm will review as part of the annual financial audit the City’s Gann Limit pursuant to Article 13B Section 1.5 of the State Constitution.
7. The audit firm will perform a single audit, if required, on the expenditures of federal grants, in accordance with OMB Circular A-133, and render the appropriate audit reports on Internal Control over Financial Reporting, based upon the audit of the City’sfinancial statements in accordance with Government Auditing Standards, and the appropriate reports on compliance with Requirements Applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards, required by OMB Circular A-133. The single audit report will include appropriate schedule of expenditures of federal awards, footnotes, findings, and questioned costs, including reportable conditions and material weaknesses, and follow up on prior audit findings, where required. The audit firm submits the report to the Federal Clearinghouse.
8. The audit firm will express an opinion on the City’s compliance with current governmental Generally Accepted Accounting Principles (GAAP); the audit firm shall also be required to provide assistance with the implementation of applicable GASB pronouncements not yet in effect, such as Statements 87 “Leases”. The costs for these services should be included in the base proposal price and contractual agreement.
9. The audit firm shall issue a separate Report on Internal Control and Related Matters Identified in the Audit, typically referred to as a Management Letter that includes recommendations for improvements in internal control, accounting procedures and other significant observations that are considered to be nonreportable conditions. Management letters shall be addressed to the City Manager.
10. The audit firm may prepare and submit the Annual State Controller’s City Financial, Streets and Roads, and Transit reports; the cost for this service should be separately presented in the cost proposal.
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11. The audit firm will be required to provide assistance in order to meet the requirements of the GFOA Award for Excellence in Financial Reporting program, including preparing answers to all GFOA comments and specific to completion to meet the filing deadline of December 31st each year.
12. The audit firm will be required to present to and discuss the final Comprehensive Annual Financial Report with the City Council. Council meetings are held on the 2nd and 4th Tuesdays of each month. Presentation to the Council shall be conducted during its first available meeting following the completion of the statements.
B. Auditing Standards to be Followed
These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office’s (GAO) Government Auditing Standards, the provisions of the federal Single Audit Act of 1984 and the U.S. Office of Management and Budget (OMB) Circular A133, Audits of States, Local Governments, and Non-Profit Organizations or latest versions thereof, and the applicable laws, rules and regulations of the Transportation Development Act (TDA). The financial statements are to be prepared in accordance with the latest GovernmentalAccounting Standard Board (GASB) pronouncements and the audit is to be performed in accordance with generally accepted auditing standards, as required.
C. Retention of Records
The auditor will retain, at auditor’s expense, audit working papers for seven (7) years, unless the firm is notified in writing by the City of the need to extend the retention period. In addition, the firm shall respond to reasonable inquiries of the City and successor auditors and allow the City and successor auditors to review working papers relating to matters of continuing accounting significance.
D. Irregularities and Illegal Acts
The auditor will communicate immediately, and in writing, all irregularities and illegal acts, or indications of illegal acts, of which the auditor becomes aware, to the following parties: City Manager, City Attorney, and Administrative Services Director.
E. Insurance and Business License Requirements
In order to provide services to the City, the audit firm must provide evidence of insurance, as outlined in Exhibit B.
The audit firm must maintain a current City of Lindsay business license during the performance of this contract.
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F. The Consultant may recommend other tasks that it deems appropriate to achieve the objectives set forth in this RFP. If the auditor feels that additional tasks are warranted, they must be clearly identified in the consultant’s proposal under this option. Any additional tasks should be articulated separately from the basic scope of services accompanied by a narrative explaining the scope of the additional task, the rationale for the task, the additional time needed to complete the task and the estimated cost of the additional task.
G. The City reservesthe right to modify the scope of services before the contract is awarded.
GENERAL
Audit Planning and Mid-year Transaction Testing:
In a coordinated effort between city finance staff and audit personnel the city requests that the audit firm organize and plan their planned work paper requests and sample selections to minimize last minute workload demands on internal staff, while still achieving a workplan that delivers the final product a Comprehensive Annual Finance Report in ample time for presentation and review by the City Council in advance of the December 31st deadline for the GFOA Awards Program for Excellence in Financial Reporting.
The city would like respondents to describe their projected audit fieldwork plan that can be achieved consistently each year to meet a completion deadline prior to Dec 31. Below is a suggested timeline that would work for the internal Finance department of the city.
June 30 End of Fiscal Year
July 1-Sept 30 Audit entrance conference, internal staff prepares year-end accruals, accounts payable processing and audit workpaper production.
October 1-15 Final trial balance to auditors and fieldwork to start.
October 16 Fieldwork completed and audit exit conference conducted October 17 – November 15 Audit staff drafts Comprehensive Annual Financial Report (CAFR) Nov 15 – December 1 Finance Staff reviews draft of CAFR and finalizes statistical section December 2-9 City Prepares Management Discussion & Analysis (MD&A) and Transmittal Letter December 20 Completion of CAFR and submission to GFOA in advance of 12/31 deadline January 25, 2022 Regular Meeting of the Lindsay City Council
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City Requirements
The firm must comply with all relevant City requirements, such as a Lindsay Business Tax, providing proof of insurance for at least the minimum required amounts, and executing a City contract for consulting services. Information about Lindsay Business Tax is available on the City’s website at https://www.lindsay.ca.us/finance/page/financial-forms Information about current insurance requirements is included in Attachment 2 as part of the City’s Standard Consulting Services Contract Template and further described in Attachment 1:
Special Conditions, of this RFP.
Note: Attachment 1 sets forth the special conditions applicable to this project.
PROPOSAL FORMAT AND CONTENT
The Auditor (Consultant) shall be responsible for preparing an effective, clear, and concise proposal. The City is requesting one (1) bound signed paper copy and one electronic copy of the proposal, which must contain at a minimum the following information:
1. Letter of Interest: Please include a letter expressing the Consultant’s interest in being considered for the project. Include a statement regarding the consultant’s availability to dedicate time, personnel, and resources to this effort. The letter of interest must include a commitment to the availability of the Consultants and all key project staff during the planning period and a proposed schedule designed to meet the City’s needsfor the project.
2. Project Understanding and Approach: Please include a statement demonstrating yourunderstanding of the proposed project. Describe your approach to completing the project successfully; methodologies and technologies you would employ; key milestones and processes you would employ. Describe what information you would expect the City to supply.
3. Relevant Experience: Please include information describing the Consultant’s experience with auditing public agencies and preparation of Comprehensive Annual Financial Reports. Please provide a minimum of five (5) specific examples of Consultant’s relevant experience on auditing cities and preparing Comprehensive Annual Financial Reports. At a minimum, the Consultant should provide a list of the most recent projects for which the Consultant has performed similar services of similar size, scope, and complexity. Include the name, contact person, address, phone number and/or e-mail of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the dateof performance.
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4. Project Manager/Key Staff: Please include information about the specific relevant experience and billing rates for the proposed Project Manager and all other applicablestaff.
A Project Manager must be designated and must be the principal contact for the City.
Information on the experience of the Project Manager (on similar projects) and at least two references for the Project Manager.
5. Proposed Scope of Services: Please provide a Proposed Scope of Services, which is based on the Scope of Work contained in this RFP; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work. Provide a realistic workingschedule with key deliverables, milestones, and tasks.
6. Conflict of Interest Statement: The proposers shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract. Particular attention should be paid to compliance with Government Code section 1090.
7. Comments on or Requested Changes to Contract: The City’s standard professional services contract is included as Attachment 2 to this Request for Proposals. The proposer shall identify any objections to and/or request changes to the standard contract language in this section.
8. Cost Proposal: In a Separate Envelope marked cost proposal, provide the following:
a. Total All-Inclusive Not to Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request for proposals. The total all-inclusive maximum not to exceed price is to contain all direct and indirect costs including all out-ofpocket expenses. Provide a budget for each major milestone for the entire scope of services. The proposed budget should be inclusive of all meetings, conference calls, site visits, out of pocket costs and deliverables. b. Component Costs: Include separate schedules of all fees and expenses for each of the work tasks and deliverables described in this RFP. These schedulesshould include hourly rates and number of hours anticipated for each staff level; as well as out-of-pocket expenses such as transportation, meals, communications, and duplication costs. The total of these separate schedules should have a direct relationship to the total all-inclusive maximum price. If additional tasks are proposed provide required information separately but as part of this section of the proposal (see Section F).
c. Rates for Additional Professional Services: If it should become necessary for January 25, 2022 Regular Meeting of the Lindsay City Council
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the City to request the successful firm to render any additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the firm. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.
d. Manner of Payment: Progress payment will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the consultant’s proposal. Interim billings shall cover a period of not less than a calendar month.
CRITERIA FOR SELECTION
An evaluation committee will evaluate each respondent’s relevant experience and expertise.
Proposals will be evaluated based on the information presented in the RFP.
A two-step analysis will be employed. First, staff will review all submittals to ensure that the minimum requirements of the RFP are meet. Secondly, an evaluation committee will review proposals for the following:
• Qualifications as they relate to this project (35%) in the order shown below:
o Thoroughness and understanding of the tasks to be completed. o Background and experience in audit and CAFR production. o Staff expertise and overall experience of personnel assigned to the work. o Qualifications of proposed key personnel.
o Communication Skills.
• Experience, integrity, and competence (30%)
o Positive Reference Checks
o Assignment of key staff with relevant experience
• Proposed Fees and Charges for Service (20%)
• Ability to provide the required services in a timely manner within the City’s standard professional service agreement. This includes but is not limited to project management skills, key staff availability, oversight of project by senior auditor and partners and timely review of draft work product (15%)
The City reserves the right to interview any or all responding proposers and/or to award a January 25, 2022 Regular Meeting of the Lindsay City Council
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contract without conducting interviews.
A recommendation for consultant selection will be made to the City Council based on the “best value” evaluation of the proposals/qualifications, which will take into account the consultant’s team’s qualifications, reference checks, comparable experience, and cost, as well as consultant’s availability to undertake the project, complete the tasks timely and deliver a high-quality work product, ability to comply with the City’s standard professional service agreement.
All interested parties are encouraged to submit proposals to the RFP, as the award is not based solely on the lowest cost proposal submitted. Total cost will be taken into consideration, but the Consultant’s capabilities, competence and capacity will be considered as well. The City reservesthe right to choose the overall best proposer according the to the City’s criteria. The City, and its designated representatives, shall be the sole judge of its own best interest, the proposal, and theresulting negotiated agreement. The City’s decisions will be final.
The above factors, along with other factors that the City may deem appropriate, will be used to identify the proposal that represents the best value, which will be the basis for the contract award. The decision of whether to award a contract and selection of a consultant will be in the sole discretion of the City Council.
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PROPOSAL REQUIREMENTS
General Requirements
The City will not give verbal answers to clarifications regarding information in this RFP, or verbal instructions prior to the submission deadline. All clarifications shall be submitted in writing. A verbal statement regarding same by any person shall be non-binding. The City is not liable for any increased costs resulting from the Consultant accepting verbal directions. Any explanation desired by a Consultant must be requested of the City representative listed below in writing no later than April 23, 2021 at 4:00 p.m. (Pacific Standard Time).
Inquiries concerning the Request for Proposals and the subject of the Request for Proposals mustbe made to:
Doug Harbottle
Finance and Accounting Manager
251 E Honolulu St. Lindsay, CA 93247
[email protected]
Submission of Proposal: Proposals submitted by facsimile are not acceptable and will not be considered. The original signed proposal is to be submitted in sealed packages with the name of the Consultant and RFP title clearly marked on the outside of the package. An electronic copy (PDF) of the proposal shall also be submitted before the deadline. The Proposal (hard copy and PDF) shall be received by the City Clerk of the City of Lindsay by 4:00 p.m. (Pacific Standard Time) on Friday, February 28, 2022 for a proposal to be considered. The Proposal should addressthe items listed below and be addressed to the following:
City of Lindsay | City Clerk | Mayra-Espinoza Martinez
251 E Honolulu Street Lindsay, CA 93247
[email protected]
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Format for Proposal
To facilitate the review of responses, all responses are required to adhere to the following requirements with regard to their proposal. The City strongly encourages respondents to ensure that RFP submissions are succinct and clearly organized. If the proposal is not in this format or does not include all of the listed items, it may be deemed non-responsive. For ease of handling, all responses are to be provided in a standard 8 ½” x 11” portrait format with binding on the left- hand edge.
1. Title Page showing the request for proposals subject; the firm’s name; the name, address, and telephone number of the contact person; and the date of the proposal.
2. Table of Contents identifying the materials submitted by section and page number.
3. Detailed Proposal following the order set forth in the Proposal Content.
4. Provide a timeline forthe annual audits and preparation ofthe Comprehensive AnnualFinancial Reports, indicating dates for completion of the final reports.
5. Proposal not to exceed 25 pages in length.
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ATTACHMENT 1
SPECIAL CONDITIONS
Contract and Insurance Requirements.
The selected consultant shall be required to enter into a city-prepared Professional Services Agreement approved by the City Attorney. Consultants shall be prepared to accept the terms and conditions of the City’s Standard Professional Services Agreement including all Insurance Requirements. The successful Consultants bid, and the terms and conditions stated in this RFP will be made part of the contract between the City of Lindsay and the Consultant. This RFP outlines the specifications and requirements, but not necessarily all of the terms and conditionsthat will be incorporated into the final agreement between the City of Lindsay and the successful Consultant.
• Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross-liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
• Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way to perform the Scope of Services, then Consultant shall provide evidence of personal auto liability coverage for each such person. • Property Damage Insurance in an amount of not less than $1,000,000 for damage to theproperty of each person on account of any one occurrence. • Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits.
• Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop-down provision providing primary coverage above a maximum $25,000 selfinsured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable January 25, 2022 Regular Meeting of the Lindsay City Council
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in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross- liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to reviewbut in no event less than $1,000,000 per occurrence.
• Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors, or omissionsof Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no lessthan $2,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend.
The policyretroactive date shall be on or before the effective date of this agreement.
Reservations.
This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. No payment of any kind will be provided to the Consultant responding to this RFP, or parties theyrepresent, for obtaining any of the information solicited.
Public Records.
All proposals submitted in response to this RFP become the property of the City.
Information in the proposal, unless specified as trade protected, may be subject to public review. Any information contained in the proposal that is proprietary must be clearly designated. Marking the entire proposal as proprietary will be neither accepted nor honored. Proprietary information submitted in response to this RFP will be handled in accordance with the California Public Records Act.
Right to Cancel and Amend.
The City reserves the right to cancel, for any or no reason, in part or in its entirety, this RFP, including but not limited to: selection schedule, submittal date, and submittal requirements. If the City cancels or revises the RFP, all Consultants will be notified in writing.
Additional Information.
The City reserves the right to request additional information and/or clarification from any orall Consultants.
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Conflict of Interest.
Consultant covenants that the company, its officers, employees and/or agents presently have no interest, and shall not acquire any interest, direct or indirect, financial, or otherwise, which would conflict in any manner or degree with the performance of the services requested herein by the City. Consultant further covenants that, in the performance of any contract or agreement resulting from this RFP, no subcontractor or person having such an interest shall be employed. Consultant certifies that to the best of Consultant’s knowledge, no one who has or will have any financial interest under any contract or agreement resulting from this RFP is an officer or employee of the City.
Release of Public Information.
Consultants who respond to this RFP who wish to release information to the public regarding selection, contract award or data provided by the City must receive prior written approval from the City before disclosing such information to the public.
Non-Assignment.
If a contract is awarded, the selected Consultant shall neither assign, nor delegate, in part or in whole, any duties without the prior written consent of the City which shall not be unreasonably withheld.
Collusion.
Each Consultant certifies that the company, its officers, employees and/or agents are not a party to any collusive action, fraud, or any action that may be in violation of the Sherman Antitrust Act. The Consultant certifies that the company, its officers, employees and/or agents have not offered or received any kickbacks or inducements from any other bidding Consultant, supplier, manufacturer, or subcontractor in connection with the proposal and that the company, its officers, employees and/or agents have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. Any or all bids shall be rejected if there is any reason to believe collusion exists among the bidding Consultants. More than one bid from an individual firm, partnership, corporation, orassociation under the same or different names may be rejected.
Reasonable grounds for believing that a bidding Consultant has interest in more than one proposal for the work being proposed may result in rejection of all bids in which the biddingConsultant is believed to have interest.
Debarment.
By submitting a proposal, the Consultant certifies that the company is not currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California, and that it is not an agent of a person or January 25, 2022 Regular Meeting of the Lindsay City Council
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entity that is currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California.
Equal Employment Opportunity Compliance.
The selected Consultant shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Consultant shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes including, but not limited to, hiring, transfer, promotion, training, compensation, and termination, regardless of their race,creed, color, sex, national origin, age, or physical handicap.
Right to Audit.
The selected Consultant shall maintain such financial records and other records as may be prescribed by the City or by applicable federal and state laws, rules, and regulations. The selected Consultant shall retain these records for a period of three years after final payment, or until they are audited by the City, whichever event occurs first. These records shall be made available during the term of the contract or service agreement and the subsequent three-year period for examination, transcription, and audit by the City or its designees.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both if the City determines that any of the following has occurred: The Proposer has made false certification, or violated the certification by failing to carry out the requirements noted above. (Gov. Code section 8350 et seq.)
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ATTACHMENT 2
CITY OF LINDSAY AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made, by and between, the City of Lindsay, a municipal corporation (“City”) and , a California corporation, and/or [insert individual’s name] dba [insert business name if not a corporation] (“Consultant”). In consideration of the mutual covenants and conditions set forth herein the parties agree as follows:
1. TERM
This Agreement shall commence on , 2021, and shall remain and continue in effectuntil tasks described herein are completed, but in no event later than , 2026, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City’s Directorshall represent City in all matters pertaining to the administration ofthis Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasksto Be Performed or change the compensation due to Consultant. City’s City Managershall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant’s compensation, subject to Section 5 hereof.
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5. PAYMENT
(a) City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, and based upon actual time spent on the above tasks. That amount shall not exceed {INSERT AMOUNT } for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additionalservicesin the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed twenty-five (25%) of the amount of the Agreement, but in no event shall such sum exceed {INSERT AMOUNT}. Any additional work in excess of this amount shall be approved by the City Council. (c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for servicesprovided in the previous month. Payment shall be made within thirty (30) days after receipt of each invoice asto all non-disputed fees. If City disputes any of Consultant’sfees, then itshall give written noticeto Consultant within fifteen (15) days of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Consultant at least ten-days’ (10-days’) prior written notice. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If City suspends or terminates a portion of this Agreement, then such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, City shall pay to Consultantthe actual value of the work performed up to the time of termination. Upon termination of the Agreementpursuant to this Section, Consultant will submit an invoice to City pursuant to Section 3.
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7. DEFAULT OF CONSULTANT
(a) Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date Consultant is notified of default and can terminate this Agreement immediately by written notice to Consultant. If such failure by Consultant to make progress in the performance for work hereunder arises out of causes beyond Consultant’s control, and without fault or negligence of Consultant, then it shall not be considered a default.
(b) If the City Manager of his/her delegate determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, then he/she shall cause to be served upon Consultant a written notice of the default. Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detailto permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, and full payment by City for services performed pursuant to, this Agreement, all final work product such as documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Consultant. With respect to computer files, Consultant shall make available to City, as a service in addition to those set forth herein, at Consultant’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
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9. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including reasonableattorney’s fees and costs to the extent same are caused by any negligent act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. City agrees to hold harmless and indemnify Consultant from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney’s fees, arising out of or in any way connected with the modification, misinterpretation, misuse or reuse by others of the computer files or any other document provided by Consultant under this Agreement. (b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shallsurvive the terminationof this agreement or this section.
10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurancecoverage as specified in Exhibit B attached to and part of this agreement.
January 25, 2022 Regular Meeting of the Lindsay City Council
Page | 22
11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City.
City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times observe and comply with applicable legal requirements in effect at the time the drawings and specifications are prepared. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or inequity.
January 25, 2022 Regular Meeting of the Lindsay City Council
Page | 23
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice ofsuchcourt order or subpoena. (b) Consultant shall promptly notify City if Consultant, or any of its officers, employees, agents, or subconsultants are served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding.
Consultant agrees to cooperate with City by providing the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by Cityto control, direct, or rewrite said response.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
January 25, 2022 Regular Meeting of the Lindsay City Council
Page | 24
To City: City of Lindsay
251 E Honolulu St.
Lindsay, CA 93247
Attention: City Clerk
To Consultant:
17. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies duehereunder, without prior written consent of City.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licensesand tax certificates required of it by law for the performance of the services described in this Agreement.
19. GOVERNING LAW
City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over City.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by Consultant, Exhibit A hereto.
January 25, 2022 Regular Meeting of the Lindsay City Council
Page | 25
22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF LINDSAY CONSULTANT
By: By:
Joseph Tanner, City Manager (Signature)
Attest: (Typed Name)
Its:
Mayra Espinoza-Martinez, City Clerk (Title)
Approved As To Form:
Mario Zamora, City Attorney
January 25, 2022 Regular Meeting of the Lindsay City Council
Page | 26
EXHIBIT A
TASKS TO BE PERFORMED
January 25, 2022 Regular Meeting of the Lindsay City Council
Page | 27
EXHIBIT B
PAYMENT SCHEDULE
January 25, 2022 Regular Meeting of the Lindsay City Council
Page | 28
EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way to perform the Scope of Services, then Consultant shall provide evidence of personal auto liability coverage for each such person.
Property Damage Insurance in an amount of not less than $1,000,000 for damage to the property of eachperson on account of any one occurrence.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subcontractors or others involved in the Work.
The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.
January 25, 2022 Regular Meeting of the Lindsay City Council
Page | 29
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $2,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend.
The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Best’s rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City of Lindsay, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agreesto require all Consultants, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Consultants and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any Consultant or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
January 25, 2022 Regular Meeting of the Lindsay City Council
Page | 30
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement.
In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptlypaid by Consultant or deducted from sums due Consultant, at City’s option.
8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City.
9. Consultant agrees to ensure that subcontractors, and any other party involved with the Scope of Services who is brought onto or involved in the Scope of Services by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Scope of Services will be submitted to City for review.
10.Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Consultant, Subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of the Scope of Services to self-insure its obligations to City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to City. At the time City shall review options with Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
11.City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, the City will negotiate additionalcompensation proportional to the increase benefit to City.
12.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
13.Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
January 25, 2022 Regular Meeting of the Lindsay City Council
Page | 31
14.Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
15.Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificateof insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of thecoverages.
16.The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
17.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
18.These insurance requirements are intended to be separate and distinct from any other provision inthis agreement and are intended by the parties here to be interpreted as such.
19.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
20.Consultant agrees to be responsible for ensuring that no contract used by any party involved in anyway with the Scope of Services reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
21.Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, Executive Assistant/Deputy City Clerk DEPARTMENT: City Manager
ITEM NO.: 8.5
MEETING DATE: January 25, 2022
ACTION & RECOMMENDATION
Minute Order Approval of Appointment of Council Member Representatives to Boards, Agencies, and Committees.
BACKGROUND | ANALYSIS
The City Council last appointed representatives to various boards, agencies, and committees on January 26, 2021. Staff is notifying Council of these appointments and asking them to consider their level of involvement, their schedule, and consider if appointments should be re-assigned based on Council Member’s interests. Maintaining active representation is critical to the long-term success of the City.
Descriptions of Boards and Committees are as follows.
Integrated Regional Water Management (IRWM). The Kaweah River Basin Integrated Regional Water Management (KIRWM) group is a collaborative effort to manage all aspects of water resources in the Kaweah River Basin Region. There are many agencies and stakeholders involved in the IRWM, including the Kaweah Delta Water Conservation District, County of Tulare, Exeter Irrigation District, Lakeside Irrigation District, Tulare Irrigation District and the cities of Visalia, Tulare, Lindsay, and Farmersville.
The City of Lindsay has been successful with IRWM grant applications in the past 6 years.
East Kaweah Groundwater Sustainability Agency (EKGSA). The East Kaweah Groundwater Sustainability Agency is responsible for submitting a groundwater sustainability plan (GSP) to the California Department of Water Resources (DWR) while working cooperatively with the Mid Kaweah and Greater Kaweah GSA’s to meet sustainability requirements for the Kaweah Sub-basin. Through the SGMA phases, the East Kaweah GSA’s Board of Directors, Technical Advisory Committee and Advisory Committee will collect and organize data, engage, and retain experts and consultants, and solicit feedback from beneficial users of groundwater and interested parties within the GSA boundary.
Tulare County Association of Government (TCAG) Board of Governors. The Board of Governors directs Tulare County Association of Governments (TCAG) and is composed of one representative from each of the eight cities, five members of the County Board of Supervisors, three members-at-large, and one representative of public transit.
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
Tulare County Regional Transit Agency (TCRTA) Board of Governors. The Tulare County Regional Transit Agency is a joint powers agency formed by the County of Tulare and the Cities of Exeter, Farmersville, Lindsay, Porterville, Tulare, and Woodlake. The purpose of the Joint Powers Agreement is to empower the Member Agencies to exercise their common powers by the formation and operation of TCRTA, with full power and authority to own, operate, and administer a public transportation system within the jurisdictions of the Member Agencies
Tulare County Local Agency Formation Commission (LAFCO). The Tulare County LAFCO is responsible for coordinating logical and timely changes in local governmental boundaries, conducting special studies which review ways to reorganize, simplify, and streamline governmental structure and preparing Spheres of Influence for each city and special district within each county. The Commission's efforts are directed to seeing that services are provided efficiently and economically while agricultural and open-space lands are protected.
Lindsay Wellness Center Programming Committee. The Wellness Center has been developed through a partnership with the Lindsay District Hospital Board and the City of Lindsay with the purpose of establishing beneficial programming at the Wellness Center for the Lindsay community.
Healthy Kids Healthy Lindsay. Healthy Kids Healthy Lindsay creates opportunities for health, community improvement, personal responsibility, and safety for the community of Lindsay. Council bylaws automatically appoints the Mayor as a Board Member and the Mayor Pro Tem as the alternate Board Member.
Tulare County City Selection Committee. The Tulare County City Selection Committee consists of Mayor’s from cities in Tulare County. The committee meets to make appointments of members to serve on important boards, committees or commissions. Committee bylaws automatically appoints the Mayor as the selected member and the Mayor Pro Tem as the alternate member.
FISCAL IMPACT
None.
ATTACHMENTS
• Appointments of Council Member Representatives to Boards, Agencies, and Committees for January 2022-January 2023
January 25, 2022 Regular Meeting of the Lindsay City Council
Board, Agency, or Committee
Name
Meeting Time Council Member
Representative
Council Member
Representative Alternate
Integrated Regional Water
Management (IRWM)
Monthly, select weekday’s
from 1:00 – 4:00 PM
Mayor Caudillo Council Member Cerros
East Kaweah Groundwater
Sustainability Agency (EKGSA)
Fourth Monday of the first
month of every quarter at 3:00
PM
Mayor Caudillo Council Member Cerros
Tulare County Association of
Government (TCAG) Board of
Governors
Third Monday of every month
at 1:00 PM
Mayor Caudillo Council Member Cerros
Tulare County Regional Transit
Agency (TCRTA) Board of
Governors
Third Monday of every month
at 1:00 PM
Mayor Caudillo Council Member Cerros
Lindsay Wellness Center
Programming Committee
Second Monday of every
month at 5:30 PM
Council Member Serna
*Per Committee bylaws, two Council
Member representatives are needed
Council Member Sanchez
*Per Committee bylaws, two Council
Member representatives are needed
Healthy Kids Healthy Lindsay Quarterly, select Weekday’s at 3:30 PM
Mayor Caudillo
*Per Council bylaws the Mayor is
automatically the Board Member
Mayor Pro Tem Flores
*Per Council Policy the Mayor Pro Tem is
automatically the alternate Board Member
Tulare County City Selection
Committee
Quarterly, select Weekday’s at
4:00 PM, or on an as-needed
basis
Mayor Caudillo
*Per committee bylaws the Mayor is
automatically the selected member
Mayor Pro Tem Flores
*Per committee bylaws Mayor Pro Tem is
automatically the alternate member
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, Executive Assistant/Deputy City Clerk DEPARTMENT: City Manager
ITEM NO.: 8.6
MEETING DATE: January 25, 2022
ACTION & RECOMMENDATION
Minute Order Approval of the City Council Regular Meeting Schedule for January – December 2022.
BACKGROUND | ANALYSIS
Staff recommends that council approve the proposed City Council Regular Meeting Schedule for January to December 2022. The Lindsay City Council holds regular meetings on the second and fourth Tuesdays of every month unless otherwise scheduled.
FISCAL IMPACT
None.
ATTACHMENTS
• 2022 City Council Regular Meeting Schedule
January 25, 2022 Regular Meeting of the Lindsay City Council
City Council Regular Meeting Schedule
Year 2022
Meeting Date
Tuesday, January 25th
Tuesday, February 8th
Tuesday, February 22nd
Tuesday, March 8th
Tuesday, March 22nd
CANCELLED - Tuesday, April 12th
*Cancellation for Spring Recess
Tuesday, April 26th
Tuesday, May 10th
Tuesday, May 24th
Tuesday, June 14th
Tuesday, June 28th
CANCELLED – Tuesday, July 12th
*Cancellation for Summer Recess
Tuesday, July 26th
Tuesday, August 9th
Tuesday, August 23rd
Tuesday, September 13th
Tuesday, September 27th
Tuesday, October 11th
Tuesday, October 25th
Tuesday, November 8th
CANCELLED – Tuesday, November 22nd
*Cancellation for Thanksgiving holiday
Tuesday, December 13th
CANCELLED – Tuesday, December 27th
*Cancellation for Christmas holiday
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Neyba Amezcua, Director of City Services & Planning DEPARTMENT: City Services
ITEM NO.: 8.7
MEETING DATE: January 25, 2022
ACTION & RECOMMENDATION
Consider the Minute Order Approval of Sewer Connection for Assessor’s Parcel Number (APN) 202- 152-018.
BACKGROUND | ANALYSIS
Jose Vasquez has submitted a request to obtain permission to connect to the City Sewer System for his future residence. Mr. Vasquez currently lives on 894 Sycamore Ave in Lindsay and has an empty lot to the south of his residence, which he is planning on developing with a 2,780 square foot dwelling unit.
The City of Lindsay currently has an agreement with the County of Tulare to serve this county neighborhood, known as the Page-Moore area, with drinking water services but not for sewer.
Per our Municipal code 13.12.140 Service Outside City. All sewer services outside the city limits are subject to council approval and shall pay twice the applicable monthly rates.
Staff supports this request and recommends that Council consider the approval of the connection.
The sewer connection will follow the engineering requirements and the City municipal code 13.16.II Sewerage Construction and Sewer Use.
FISCAL IMPACT
Revenue from Connection
Connection Fee $250.00 x 2 =$ 500
Treatment Plant Fee $700.00 x 2 =$1,400
Encroachment Permit = $ 380
Monthly Charges will be double fees per municipal code.
ATTACHMENTS
• Area Map
• Letter Request Submitted by Jose Vasquez
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
Proposed Sewer Main
Existing Sewer Main
January 25, 2022 Regular Meeting of the Lindsay City Council
Jose Vasquez
894 Sycamore Ave, Lindsay CA 93247
(559) 804-7224
[email protected]
City of Lindsay
251 E. Honolulu St. Lindsay CA 93247
Dear Recipient,
RE: Sewer connection at APN 202-152-018
This letter is a formal request to connect the future single-family residence located at APN 202-152-018 to the City of Lindsay’s sewer system. Currently homes surrounding this particular APN are on septic tanks which is no longer feasible. Projected home will consist of roughly 4 bedrooms/ 3 bathrooms and will roughly be 2780 square feet.
If you have any further questions please feel free to contact me directly.
Warm regards,
Jose Vasquez
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Edward Real, Assistant City Planner
DEPARTMENT: City Services and Planning
ITEM NO.: 8.8
MEETING DATE: January 25, 2022
ACTION & RECOMMENDATION
Consider the (1) Approval of Resolution 22-01, Declaring a Portion of Unused Public Property Exempt Surplus Land Under the Surplus Land Act and (2) Minute Order Authorization of the Sale of Said Property to Millbrook Investments, LLC for the Development of a New Single-Family Subdivision.
BACKGROUND | ANALYSIS
The Surplus Land Act (Government Code sections 54220 – 54234) governs the disposal of surplus land by local agencies, including the City of Lindsay. The disposal and transfer of surplus land that is less than 5,000 square feet to an owner of adjacent land is considered “exempt surplus land,” and therefore exempt from the more detailed requirements of the Surplus Land Act. Staff has determined that the disposal of the Surplus Area is exempt surplus land. Additionally, Staff has received preapproval of Resolution 22-01 from Housing and Community Development (HCD), agreeing to Staff’s determination of exempt surplus land.
The City of Lindsay currently owns in fee the Senior Center located at the northwest corner of Parkside Avenue and Ono City Parkway. There is a 1,400 square foot triangle portion of land to the west and outside of the boundaries of the horseshoe pits. Staff do not foresee any practical or economical use for this surplus area. The adjacent landowner has agreed to the appraised value of $11,000 for the surplus land and has expressed interest in developing the surplus land in addition to the adjacent privately owned land into a single-family subdivision.
FISCAL IMPACT
Approval of the sale would release the City of any cost and liability that currently exists through ownership and maintenance of the surplus land. Additionally, the appraised value of $11,000, to which Millbrook Investments, LLC has agreed to pay, would be deposited into the City’s general fund.
ATTACHMENTS
• Resolution 22-01
• Aerial Map
January 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 21-01
NUMBER 22-01
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LINDSAY APPROVING DISPOSAL OF SURPLUS LAND AND
AUTHORIZING RELATED ACTIONS.
At a regularly scheduled meeting of the City Council of the City of Lindsay, held on January 25th, 2022, at the hour of 6:00 p.m. in the Council Chamber at City Hall, 251 E Honolulu Street Lindsay, California 93247, the following resolution was adopted:
WHEREAS, the City Council of the City of Lindsay (City) did hold a public meeting before said Council on January 25th, 2022; and
WHEREAS, The Surplus Land Act (Government Code sections 54220 – 54234) governs the disposal of surplus land by local agencies. Government Code section 54221(f)(1)(B) defines exempt surplus land as land that is less than 5,000 square feet and is not contiguous to land owned by a state or local agency that is used for open space or low- and moderateincome housing. Additionally, for property to be considered exempt surplus, the land must be sold to an owner of contiguous land; and
WHEREAS, The City currently owns City Park (APN 201-150-011) and the Lindsay Senior Center (APN 201-230-037). There is a 1,400 square foot portion of land (Surplus Area) at the Southwest corner of the Lindsay Senior Center that is contiguous to a privately owned adjacent property; and
WHEREAS, The Surplus Area is less than 5,000 square feet in area and is outside the boundaries of the arbor and horseshoe pits of the Lindsay Senior Center. Due to the Surplus Area’s location, size, and shape, it is not practical or economical to develop or use the area for park purposes. Staff are not aware of any current or reasonably foreseeable future use for the Surplus Area by the City; and
WHEREAS, The adjacent property owner, Millbrook Investments, LLC, has requested to purchase the Surplus Area to be used as part of a new subdivision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
January 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 21-01
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2.
SECTION 3.
The City Council hereby declares that the land is not necessary for the City’s use and that the Surplus Area is Exempt Surplus Land pursuant to Government Code section 54221(f)(1)(B) because the land is less than 5,000 square feet in area, not contiguous to land owned by a state or local agency that is used for open-space or low- and moderateincome housing purposes, and sold to Millbrook Investments, LLC, owner of the adjacent property
The adjacent property owner has agreed to purchase the Surplus Area for $11,000.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE January 25, 2022
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
MAYRA ESPINOZA-MARTINEZ RAMONA CAUDILLO
CITY CLERK MAYOR
January 25, 2022 Regular Meeting of the Lindsay City Council
Resolution 22-01
Legend
Proposed Subdivision Area
Surplus Area
400 ft
N
➤
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Edna Hubbard, Engineer Technician
DEPARTMENT: City Services and Planning
ITEM NO.: 8.9
MEETING DATE: January 25, 2022
ACTION & RECOMMENDATION
Consider the Approval of Resolution 22-04, Authorizing Submittal Of Application(s) for All CalRecycle for Grants For Which The City Of Lindsay Is Eligible.
BACKGROUND | ANALYSIS
CalRecycle, officially known as the Department of Resources Recycling and Recovery, will be administering a one-time grant program known as the SB1383 Local Assistance Grant Program. This program will provide aid in the implementation of Senate Bill 1383 (SB1383) regulation requirements.
Senate Bill 1383 establishes statewide methane emission reduction targets for California. These statewide targets include the reduction of statewide disposal of organic waste by 50 percent by 2020 and 75 percent by 2025; and the diversion of at least 20 percent of edible food from disposal to people for consumption by 2025.
The SB1383 Local Assistance Grant Program has restrictive use funding that can be used for the eligible projects below:
• Collection
• Education and Outreach
• Edible Food Recovery
• Capacity Planning
• Procurement Requirements
• Record Keeping
• Enforcement and Inspection
• Program Evaluation/Gap Analysis
The distribution of funding is based on population. Lindsay will receive at least a minimum of $20,000.00. Resolution 22-04 is required to be submitted to CalRecycle and will allow the City to receive its share of the SB1383 Local Assistance Grant Program funds made available to participating agencies.
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
FISCAL IMPACT
The adoption of Resolution 22-04 will allow the City to pursue grant opportunities for eligible projects.
ATTACHMENT
• Resolution 22-04
January 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-04
NUMBER 22-04
TITLE
MEETING
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LINDSAY AUTHORIZING SUBMITTAL OF
APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR
WHICH THE CITY OF LINDSAY IS ELIGIBLE
At a regularly scheduled meeting of the City of Lindsay City Council held on January 25, 2022 at 6:00 PM at 251 East Honolulu Street, Lindsay, CA 93247.
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lindsay authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Lindsay is eligible; and
BE IT FURTHER RESOLVED that the City Manager or Director of City Services and Planning is hereby authorized and empowered to execute in the name of the City of Lindsay all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.
January 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-04
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE January 25, 2022
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
MAYRA ESPINOZA-MARTINEZ RAMONA CAUDILLO
CITY CLERK MAYOR
January 25, 2022 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY | WARRANT LIST 1/19/2021
TRANSACTION DATES: 12/29/2021 THROUGH 01/19/2022
Check# Fund Date Vendor # Vendor Name Description Amount TOTAL 748,821.65
20224 $0.00
720 ‐ HOME REVOLVING LN FUND 12/28/21 2540 DEPT.OF HOUSING & C VOID ITEM, REISSUE #20225 (19,400.00) 720 ‐ HOME REVOLVING LN FUND 12/28/21 2540 DEPT.OF HOUSING & C VOID ITEM, REISSUE #20225 19,400.00 20225 $19,400.00
720 ‐ HOME REVOLVING LN FUND 12/28/21 2540 DEPT.OF HOUSING & C HOME PI‐RIOS SHORT 19,400.00 20226 $186.07
101 ‐ GENERAL FUND 01/07/22 007 AG IRRIGATION SALES LOGIC PLUS RECEIVER 88.74 101 ‐ GENERAL FUND 01/07/22 007 AG IRRIGATION SALES 2' AUTO VALVE W/FLO 68.56 552 ‐ WATER 01/07/22 007 AG IRRIGATION SALES PVC PIPES 21.58 552 ‐ WATER 01/07/22 007 AG IRRIGATION SALES PVC PIPES 7.19 20227 $37.16
101 ‐ GENERAL FUND 01/07/22 6362 AMERICAN BUSINESS M P.S. YELLOW TONER 15.00 101 ‐ GENERAL FUND 01/07/22 6362 AMERICAN BUSINESS M BLACK TONER 15.00 101 ‐ GENERAL FUND 01/07/22 6362 AMERICAN BUSINESS M TONER 7.16 20228 $5,884.86
101 ‐ GENERAL FUND 01/07/22 3898 AMERICAN INCORPORAT 251 HONOLULU HVAC S 780.00 101 ‐ GENERAL FUND 01/07/22 3898 AMERICAN INCORPORAT C.S. S/A HVAC SVC 295.00 101 ‐ GENERAL FUND 01/07/22 3898 AMERICAN INCORPORAT 801 ELMWOOD HVAC SV 195.00 101 ‐ GENERAL FUND 01/07/22 3898 AMERICAN INCORPORAT P.S. S/A HVAC SVC 295.00 101 ‐ GENERAL FUND 01/07/22 3898 AMERICAN INCORPORAT 911 PARKSIDE HVAC S 450.00 101 ‐ GENERAL FUND 01/07/22 3898 AMERICAN INCORPORAT WWTP HVAC SVC 170.00 101 ‐ GENERAL FUND 01/07/22 3898 AMERICAN INCORPORAT P.S. AC REPAIRS 1,021.86 400 ‐ WELLNESS CENTER 01/07/22 3898 AMERICAN INCORPORAT W.C. HVAC QTRLY SVC 1,339.00 400 ‐ WELLNESS CENTER 01/07/22 3898 AMERICAN INCORPORAT W.C. HVAC QTRLY SVC 1,339.00 20229 $60.00
101 ‐ GENERAL FUND 01/07/22 4135 BILL WALL'S DIRECT UPDATES TO SERVER 15.00 101 ‐ GENERAL FUND 01/07/22 4135 BILL WALL'S DIRECT UPDATES TO SERVER 15.00 101 ‐ GENERAL FUND 01/07/22 4135 BILL WALL'S DIRECT UPDATES TO SERVER 15.00 101 ‐ GENERAL FUND 01/07/22 4135 BILL WALL'S DIRECT UPDATES TO SERVER 15.00 20230 $4,390.00
552 ‐ WATER 01/07/22 051 BSK BACTI,GENERAL,SPECI 4,390.00 20231 $337.00
101 ‐ GENERAL FUND 01/07/22 5013 BUZZ KILL PEST CONT 174 SWEET BRIER 31.00 101 ‐ GENERAL FUND 01/07/22 5013 BUZZ KILL PEST CONT 157 N. MIRAGE 30.00 101 ‐ GENERAL FUND 01/07/22 5013 BUZZ KILL PEST CONT 911 PARKSIDE 24.00 101 ‐ GENERAL FUND 01/07/22 5013 BUZZ KILL PEST CONT 801 ELMWOOD 22.00 400 ‐ WELLNESS CENTER 01/07/22 5013 BUZZ KILL PEST CONT W.C. REGULAR SERVIC 85.00 552 ‐ WATER 01/07/22 5013 BUZZ KILL PEST CONT 729 W. HONOLULU 25.00 553 ‐ SEWER 01/07/22 5013 BUZZ KILL PEST CONT 23611 RD 196 WWTP 30.00 886 ‐ SAMOA 01/07/22 5013 BUZZ KILL PEST CONT 165‐173 SAMOA 40.00 887 ‐ SWEETBRIER TOWNHOUSES 01/07/22 5013 BUZZ KILL PEST CONT HERMOSA TOWN HOMES 50.00 20232 $38.06
101 ‐ GENERAL FUND 01/07/22 076 CENTRAL VALLEY BUSI PLANNING SIGNS 38.06 20233 $3,955.00
261 ‐ GAS TAX FUND 01/07/22 1702 CENTRAL VALLEY SWEE DEC 2021 AIR SWEEPI 3,955.00 20234 $527.82
101 ‐ GENERAL FUND 01/07/22 5832 CINTAS CORPORATION 12/22/21 UNIFORMS 40.00 101 ‐ GENERAL FUND 01/07/22 5832 CINTAS CORPORATION 12/22/21 UNIFORMS 40.00 101 ‐ GENERAL FUND 01/07/22 5832 CINTAS CORPORATION 12/22/21 UNIFORMS 40.00 101 ‐ GENERAL FUND 01/07/22 5832 CINTAS CORPORATION 12/15/21 UNIFORMS 35.41 101 ‐ GENERAL FUND 01/07/22 5832 CINTAS CORPORATION 12/15/21 UNIFORMS 35.41 101 ‐ GENERAL FUND 01/07/22 5832 CINTAS CORPORATION 12/15/21 UNIFORMS 35.41 552 ‐ WATER 01/07/22 5832 CINTAS CORPORATION 12/22/21 UNIFORMS 40.00 552 ‐ WATER 01/07/22 5832 CINTAS CORPORATION 12/15/21 UNIFORMS 35.41 553 ‐ SEWER 01/07/22 5832 CINTAS CORPORATION 12/22/21 UNIFORMS 40.00 553 ‐ SEWER 01/07/22 5832 CINTAS CORPORATION 12/15/21 UNIFORMS 35.40 554 ‐ REFUSE 01/07/22 5832 CINTAS CORPORATION 12/22/21 UNIFORMS 39.99 554 ‐ REFUSE 01/07/22 5832 CINTAS CORPORATION 12/15/21 UNIFORMS 35.40 556 ‐ VITA‐PAKT 01/07/22 5832 CINTAS CORPORATION 12/22/21 UNIFORMS 39.99 556 ‐ VITA‐PAKT 01/07/22 5832 CINTAS CORPORATION 12/15/21 UNIFORMS 35.40 20235 $365.00
101 ‐ GENERAL FUND 01/07/22 279 CITY OF PORTERVILLE DEC. ANIMAL SERVICE 258.00 101 ‐ GENERAL FUND 01/07/22 279 CITY OF PORTERVILLE DEC. ANIMAL SERVICE 107.00 20236 $5,000.00
101 ‐ GENERAL FUND 01/07/22 6726 CITY OF WOODLAKE ANIMAL CONTROL TRUC 5,000.00 January 25, 2022 Regular Meeting of the Lindsay City Council
20237 $1,481.67
553 ‐ SEWER 01/07/22 5741 CUMMINS SALES& SER APIA&OLIVE TRANSFOR 1,481.67 20238 $850.00
552 ‐ WATER 01/07/22 6118 CVIN LLC D.B.A. VAS 1/1/22‐1/31/22 283.33 553 ‐ SEWER 01/07/22 6118 CVIN LLC D.B.A. VAS 1/1/22‐1/31/22 283.33 554 ‐ REFUSE 01/07/22 6118 CVIN LLC D.B.A. VAS 1/1/22‐1/31/22 283.34 20239 $997.58
700 ‐ CDBG REVOLVING LN FUND 01/07/22 2540 DEPT.OF HOUSING&C CDBG TO HCD 12/31/2 997.58 20240 $3,910.93
720 ‐ HOME REVOLVING LN FUND 01/07/22 2540 DEPT.OF HOUSING&C HOME TO HCD 12/31/2 3,910.93 20241 $2,235.55
553 ‐ SEWER 01/07/22 5978 DOMINO SOLAR LTD JB‐9325693‐00 NOV. 2,235.55 20242 $20.39
553 ‐ SEWER 01/07/22 119 DOUG DELEO WELDING CHOP SAW BLADE 20.39 20243 $470.00
400 ‐ WELLNESS CENTER 01/07/22 3873 E& M'S REPTILE FAM WINTER YOUTH PROGRA 470.00 20244 $731.38
552 ‐ WATER 01/07/22 3478 FRESNO PIPE& SUPPL REPAIR SUPPLIES 731.38 20245 $3,954.62
552 ‐ WATER 01/07/22 137 FRIANT WATER AUTHOR JAN SLDMWA EXCHANGE 239.62 552 ‐ WATER 01/07/22 137 FRIANT WATER AUTHOR FKC OM&R FEB. COSTS 3,715.00 20246 $82.90
553 ‐ SEWER 01/07/22 6010 FRONTIER COMMUNICAT 562‐6317 82.90 20247 $755.05
101 ‐ GENERAL FUND 01/07/22 151 GRAINGER INC PARKS ROUNDUP 755.05 20248 $7,527.92
101 ‐ GENERAL FUND 01/07/22 5647 GRISWOLD,LASSALLE,C MATTER: CITY SERVIC 522.50 101 ‐ GENERAL FUND 01/07/22 5647 GRISWOLD,LASSALLE,C MATTER: CITY COUNCI 1,092.50 101 ‐ GENERAL FUND 01/07/22 5647 GRISWOLD,LASSALLE,C MATTER: POLICE DEPT 2,172.51 101 ‐ GENERAL FUND 01/07/22 5647 GRISWOLD,LASSALLE,C MATTER: CITY CLERK 1,013.33 101 ‐ GENERAL FUND 01/07/22 5647 GRISWOLD,LASSALLE,C MATTER: CITY MANAGE 2,583.33 101 ‐ GENERAL FUND 01/07/22 5647 GRISWOLD,LASSALLE,C MATTER: CITY ATTORN 75.00 101 ‐ GENERAL FUND 01/07/22 5647 GRISWOLD,LASSALLE,C MATTER: USBR 68.75 20249 $2,369.09
101 ‐ GENERAL FUND 01/07/22 1391 HOME DEPOT OPERATING SUPPLIES 326.66 101 ‐ GENERAL FUND 01/07/22 1391 HOME DEPOT CHRISTMAS LIGHTS 19.62 101 ‐ GENERAL FUND 01/07/22 1391 HOME DEPOT CHRISTMAS ORNAMENTS 246.14 101 ‐ GENERAL FUND 01/07/22 1391 HOME DEPOT CHRISTMAS ORNAMENTS 307.82 101 ‐ GENERAL FUND 01/07/22 1391 HOME DEPOT OPERATING SUPPLIES 65.51 101 ‐ GENERAL FUND 01/07/22 1391 HOME DEPOT TABLES 161.65 101 ‐ GENERAL FUND 01/07/22 1391 HOME DEPOT P.S. GARAGE LIGHTS 283.92 101 ‐ GENERAL FUND 01/07/22 1391 HOME DEPOT WINDMILL LIGHTS 227.16 553 ‐ SEWER 01/07/22 1391 HOME DEPOT ICE MAKER 730.61 20250 $1,397.09
101 ‐ GENERAL FUND 01/07/22 185 INTERSTATE SALES ROUNDABOUT CROSS LI 1,397.09 20251 $50.00
101 ‐ GENERAL FUND 01/07/22 2601 JOHN HIBLER WEATHER DEC. WEATHER SERVIC 50.00 20252 $86.06
552 ‐ WATER 01/07/22 6724 JUAREZ DANIEL REFUND CLOSED UB AC 86.06 20253 $212.80
554 ‐ REFUSE 01/07/22 6725 LESLEY& ASSOCIATES F.O.G. FLIER FOR WE 212.80 20254 $1,397.32
101 ‐ GENERAL FUND 01/07/22 4067 LINCOLN NAT'L INSUR JAN. 2022 LIFE PLAN 1,397.32 20255 $190.01
101 ‐ GENERAL FUND 01/07/22 6425 LINDSAY TIRE& AUTO2 TIRES FOR BACKHOE 190.01 20256 $1,762.28
101 ‐ GENERAL FUND 01/07/22 1422 LINDSAY TRUE VALUE NOV. OTHER SERVICES 192.99 101 ‐ GENERAL FUND 01/07/22 1422 LINDSAY TRUE VALUE NOV. PUBLIC SAFETY 302.66 101 ‐ GENERAL FUND 01/07/22 1422 LINDSAY TRUE VALUE NOV. CITY YARD 71.93 101 ‐ GENERAL FUND 01/07/22 1422 LINDSAY TRUE VALUE NOV. STREETS 184.46 101 ‐ GENERAL FUND 01/07/22 1422 LINDSAY TRUE VALUE NOV. PARKS 251.38 101 ‐ GENERAL FUND 01/07/22 1422 LINDSAY TRUE VALUE NOV. GRAFFITI 6.07 101 ‐ GENERAL FUND 01/07/22 1422 LINDSAY TRUE VALUE NOV. BUILDING 273.64 552 ‐ WATER 01/07/22 1422 LINDSAY TRUE VALUE NOV. WATER 383.31 553 ‐ SEWER 01/07/22 1422 LINDSAY TRUE VALUE NOV. WWTP 95.84 20257 $6,742.45
101 ‐ GENERAL FUND 01/07/22 6550 MARIO SAGREDO ELECT LIBRARY PLUGS REPAI 584.11 101 ‐ GENERAL FUND 01/07/22 6550 MARIO SAGREDO ELECT LIBRARY LIGHT SOCKE 2,616.41 261 ‐ GAS TAX FUND 01/07/22 6550 MARIO SAGREDO ELECT DOWNTOWN LED LIGHTS 1,292.45 553 ‐ SEWER 01/07/22 6550 MARIO SAGREDO ELECT WWTP REPAIRS 253.83 553 ‐ SEWER 01/07/22 6550 MARIO SAGREDO ELECT WWTP REPLACED LIGHT 1,995.65 20258 $3,160.82
554 ‐ REFUSE 01/07/22 5852 MID VALLEY DISPOSAL AUGUST REFUSE SERVI 3,160.82 20259 $456.27
554 ‐ REFUSE 01/07/22 5852 MID VALLEY DISPOSAL OCTOBER REFUSE SERV 456.27 January 25, 2022 Regular Meeting of the Lindsay City Council
20260 $955.47
554 ‐ REFUSE 01/07/22 5852 MID VALLEY DISPOSAL SEPT. REFUSE SERVIC 955.47 20261 $111,149.56
600 ‐ CAPITAL IMPROVEMENT 01/07/22 6639 MOORE IACOFANO GOLT OCT&NOV OLIVE BOWL 111,149.56 20262 $430.00
101 ‐ GENERAL FUND 01/07/22 6437 MORINDA MEDICAL GRO NOVEMBER 2021 CLAIM 100.00 101 ‐ GENERAL FUND 01/07/22 6437 MORINDA MEDICAL GRO NOVEMBER 2021 CLAIM 50.00 101 ‐ GENERAL FUND 01/07/22 6437 MORINDA MEDICAL GRO NOVEMBER 2021 CLAIM 280.00 20263 $499.99
101 ‐ GENERAL FUND 01/07/22 5625 NGLIC‐SUPERIOR VISI JANUARY VISION PLAN 499.99 20264 $4,276.95
101 ‐ GENERAL FUND 01/07/22 5514 NVB PLAYGROUNDS INC REPLACE FABRIC SHAD 4,276.95 20265 $13.95
101 ‐ GENERAL FUND 01/07/22 1565 OACYS.COM INC DOMAIN PARKING& DN 13.95 20266 $91,142.83
101 ‐ GENERAL FUND 01/07/22 6368 PNC EQUIPMENT FINAN FIRE TRUCK INTEREST 23,582.35 101 ‐ GENERAL FUND 01/07/22 6368 PNC EQUIPMENT FINAN FIRE TRUCK PAYMENT 67,560.48 20267 $4,602.57
552 ‐ WATER 01/07/22 4618 PROVOST& PRITCHARD NOV. WATER& SEWER 1,431.80 553 ‐ SEWER 01/07/22 4618 PROVOST& PRITCHARD NOV. GWM&R EAST PON 343.00 553 ‐ SEWER 01/07/22 4618 PROVOST& PRITCHARD NOV. GW WELL SAMPLI 168.80 553 ‐ SEWER 01/07/22 4618 PROVOST& PRITCHARD NOV. SAMPLING‐PFAS/ 2,378.97 556 ‐ VITA‐PAKT 01/07/22 4618 PROVOST& PRITCHARD NOV. SWORLCO LAA GW 280.00 20268 $983.34
101 ‐ GENERAL FUND 01/07/22 285 QUILL CORPORATION OFFICE SUPPLIES 31.08 101 ‐ GENERAL FUND 01/07/22 285 QUILL CORPORATION OFFICE SUPPLIES 408.38 101 ‐ GENERAL FUND 01/07/22 285 QUILL CORPORATION OPERATING SUPPLIES 45.22 101 ‐ GENERAL FUND 01/07/22 285 QUILL CORPORATION UTENSILS FOR MEETIN 45.66 101 ‐ GENERAL FUND 01/07/22 285 QUILL CORPORATION UTENSILS FOR MEETIN 45.66 101 ‐ GENERAL FUND 01/07/22 285 QUILL CORPORATION TAPE, LABELS, DESKP 167.29 101 ‐ GENERAL FUND 01/07/22 285 QUILL CORPORATION OPERATING SUPPLIES 226.25 101 ‐ GENERAL FUND 01/07/22 285 QUILL CORPORATION OPERATING SUPPLIES 13.80 20269 $4,000.00
552 ‐ WATER 01/07/22 6095 RALPH GUTIERREZ WAT DEC. CPO WATER TREA 2,000.00 553 ‐ SEWER 01/07/22 6095 RALPH GUTIERREZ WAT DEC. CPO WATER TREA 2,000.00 20270 $469.00
101 ‐ GENERAL FUND 01/07/22 3622 RLH FIRE PROTECTION MCD‐RECALBR FLOWMET 469.00 20271 $12,955.71
101 ‐ GENERAL FUND 01/07/22 310 SOUTHERN CA. EDISON 700439853113‐LATEF 0.36 101 ‐ GENERAL FUND 01/07/22 310 SOUTHERN CA. EDISON 700291172119 18.24 101 ‐ GENERAL FUND 01/07/22 310 SOUTHERN CA. EDISON 700291172119‐LATEF 0.19 101 ‐ GENERAL FUND 01/07/22 310 SOUTHERN CA. EDISON 700345129983‐LATEF 0.31 101 ‐ GENERAL FUND 01/07/22 310 SOUTHERN CA. EDISON 700506806452‐LATEF 0.21 101 ‐ GENERAL FUND 01/07/22 310 SOUTHERN CA. EDISON LATE FEES 0.73 101 ‐ GENERAL FUND 01/07/22 310 SOUTHERN CA. EDISON 700141289638‐LATEF 54.31 101 ‐ GENERAL FUND 01/07/22 310 SOUTHERN CA. EDISON 700477332697‐LATEF 0.39 101 ‐ GENERAL FUND 01/07/22 310 SOUTHERN CA. EDISON 700477296224‐LATEF 0.27 261 ‐ GAS TAX FUND 01/07/22 310 SOUTHERN CA. EDISON 8000599029 66.48 261 ‐ GAS TAX FUND 01/07/22 310 SOUTHERN CA. EDISON 8000600507 58.73 261 ‐ GAS TAX FUND 01/07/22 310 SOUTHERN CA. EDISON 700477332697 65.02 261 ‐ GAS TAX FUND 01/07/22 310 SOUTHERN CA. EDISON 700439853113 66.33 261 ‐ GAS TAX FUND 01/07/22 310 SOUTHERN CA. EDISON 700506806452 33.72 261 ‐ GAS TAX FUND 01/07/22 310 SOUTHERN CA. EDISON 700345129983 56.83 261 ‐ GAS TAX FUND 01/07/22 310 SOUTHERN CA. EDISON 700477296224 48.36 400 ‐ WELLNESS CENTER 01/07/22 310 SOUTHERN CA. EDISON 700470455603 4,435.03 553 ‐ SEWER 01/07/22 310 SOUTHERN CA. EDISON 700141289638 8,004.73 553 ‐ SEWER 01/07/22 310 SOUTHERN CA. EDISON 700152858405 27.82 891 ‐ PELOUS RANCH 01/07/22 310 SOUTHERN CA. EDISON 700424206609 17.65 20272 $35,671.20
552 ‐ WATER 01/07/22 1183 SWRCB 7/1/21‐6/30‐22 FESS 8,562.20 553 ‐ SEWER 01/07/22 1183 SWRCB 7/1/21‐6/30/22 FEES 23,783.00 553 ‐ SEWER 01/07/22 1183 SWRCB 7/1/21‐6/30/22 FEES 3,326.00 20273 $76.77
101 ‐ GENERAL FUND 01/07/22 6551 TIME WARNER CABLE 106076601 DEC. 76.77 20274 $343.66
400 ‐ WELLNESS CENTER 01/07/22 3396 TK ELEVATOR CORPORA W.C. DEC. MAINTENAN 343.66 20275 $250.00
101 ‐ GENERAL FUND 01/07/22 1243 TU CO CHIEFS ASSOCI 2022 ANNUAL DUES 250.00 20276 $413.60
552 ‐ WATER 01/07/22 473 TU CO RESOURCE MANA 2022 KCWA ESTIMATE 413.60 20277 $410.49
552 ‐ WATER 01/07/22 1513 UNITED RENTALS, INC PUMP SUB CENT 2"‐DI 410.49 January 25, 2022 Regular Meeting of the Lindsay City Council
20278 $5,241.60
101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/12/21 MAYRA C. 483.84 101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/12 MARCOS& JESU 537.60 101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/12 MARCOS& JESU 537.60 101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/12 MARCOS& JESU 537.60 101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/19/21 MAYRA C. 403.20 101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/19 MARCOS& JESU 376.32 101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/19 MARCOS& JESU 376.32 101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/19 MARCOS & JESU 376.32
101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/26/21 MAYRA C. 322.56 101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/26 JONATHAN& MA 430.08 101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/26 JONATHAN& MA 430.08 101 ‐ GENERAL FUND 01/07/22 5747 UNITED STAFFING 12/26 JONATHAN& MA 430.08 20279 $5,695.46
552 ‐ WATER 01/07/22 2960 UNITED STATES BUREA OCT 2021 WATER STMT 4,362.48 552 ‐ WATER 01/07/22 2960 UNITED STATES BUREA NOV 2021 WATER STMT 2,181.24 552 ‐ WATER 01/07/22 2960 UNITED STATES BUREA SEPT. 2021 WATER ST (848.26) 20280 $2,652.30
552 ‐ WATER 01/07/22 5413 UNIVAR USA INC WELL #15 LIQUICHLOR 1,672.28 552 ‐ WATER 01/07/22 5413 UNIVAR USA INC WELL #14 LIQUICHLOR 980.02 20281 $412.47
553 ‐ SEWER 01/07/22 356 USA BLUEBOOK OPERATING SUPPLIES 339.58 553 ‐ SEWER 01/07/22 356 USA BLUEBOOK RAIN JACKET 72.89 20282 $324.87
261 ‐ GAS TAX FUND 01/07/22 368 VOLLMER EXCAVATION, 12/15/21 LOAD OF DG 324.87 20283 $8,630.00
101 ‐ GENERAL FUND 01/07/22 2790 WILLDAN INC. NOV. BLDG PLAN CHEC 770.00 101 ‐ GENERAL FUND 01/07/22 2790 WILLDAN INC. NOV. BLDG INSPECTOR 2,040.00 101 ‐ GENERAL FUND 01/07/22 2790 WILLDAN INC. NOV. CODE ENFORCEME 5,820.00 20284 $1,245.32
261 ‐ GAS TAX FUND 01/07/22 382 ZUMAR INDUSTRIES IN STREET SIGNS 1,245.32 20285 $49,861.00
200 ‐ STREET IMPROVEMENT FUND 01/07/22 113 DEPT OF TRANSPORTAT P1575‐0021 THIRD P 49,861.00 20300 $50.00
400 ‐ WELLNESS CENTER 01/14/22 6097 ANGELICA BERMUDEZ DEC. 2021 ZUMBA 50.00 20301 $50.00
400 ‐ WELLNESS CENTER 01/14/22 5819 ANITA GUTIERREZ DEC. 2021 ZUMBA 50.00 20302 $400.00
101 ‐ GENERAL FUND 01/14/22 5930 CHRIS ALLARD TULARE COUNTY IWO (400.00) 400 ‐ WELLNESS CENTER 01/14/22 5930 CHRIS ALLARD DEC. 2021 PM VISITS 800.00 20303 $50.00
101 ‐ GENERAL FUND 01/14/22 6604 HIPOLITO CERROS DEC. COUNCIL STIPEN 50.00 20304 $64,100.13
101 ‐ GENERAL FUND 01/14/22 6100 KEENAN& ASSOCIATES JAN. PPO 250 ACTIVE 50,786.90 101 ‐ GENERAL FUND 01/14/22 6100 KEENAN& ASSOCIATES JAN. PPO 250 RETIRE 2,755.17 101 ‐ GENERAL FUND 01/14/22 6100 KEENAN& ASSOCIATES JAN. PPO 500 ACTIVE 10,130.06 101 ‐ GENERAL FUND 01/14/22 6100 KEENAN& ASSOCIATES JAN. COMPLETE CARE 428.00 20305 $25.00
400 ‐ WELLNESS CENTER 01/14/22 5804 KELSIE AVINA DEC. 2021 ZUMBA 25.00 20306 $1,800.00
400 ‐ WELLNESS CENTER 01/14/22 6260 LLEON SERVICES JAN. CHEMICAL CONSU 1,800.00 20307 $50.00
400 ‐ WELLNESS CENTER 01/14/22 6499 MARGARITA BENITEZB DEC. 2021 ZUMBA 50.00 20308 $125.00
400 ‐ WELLNESS CENTER 01/14/22 6599 MARIA EDWARDS DEC. 2021 ZUMBA 125.00 20309 $50.00
101 ‐ GENERAL FUND 01/14/22 6602 RAMIRO SERNA DEC. COUNCIL STIPEN 50.00 20310 $75.00
101 ‐ GENERAL FUND 01/14/22 6603 RAMONA CAUDILLO DEC. COUNCIL STIPEN 75.00 20311 $50.00
101 ‐ GENERAL FUND 01/14/22 5511 ROSAENA SANCHEZ DEC. COUNCIL STIPEN 50.00 20312 $225.00
400 ‐ WELLNESS CENTER 01/14/22 3208 SHANNON PATTERSON DEC. STRENGTH& BAL 225.00 20313 $35.00
101 ‐ GENERAL FUND 01/14/22 6608 STAFF‐WORTHY 12/22/21 DRUG SCREE 35.00 20314 $2,960.00
400 ‐ WELLNESS CENTER 01/14/22 6588 TORI DAVIS DEC. STARS/FITWITHI 2,960.00 20315 $50.00
101 ‐ GENERAL FUND 01/14/22 4068 YOLANDA FLORES DEC. COUNCIL STIPEN 50.00 20316 $250.00
400 ‐ WELLNESS CENTER 01/14/22 5912 YVETTE DURAN DEC. POUND,TRX& ZU 250.00 20317 $541.01
101 ‐ GENERAL FUND 01/18/22 1286 FRANCHISE TAX BOARD DED:SUI FTB ‐ PIT 541.01 20318 $367.52
101 ‐ GENERAL FUND 01/18/22 3977 AFLAC DED:015 AFLAC 367.52 20319 $549.03
101 ‐ GENERAL FUND 01/18/22 4660 CITY OF LINDSAY DED:052 WELLNESS 13.86 101 ‐ GENERAL FUND 01/18/22 4660 CITY OF LINDSAY DED:CDBG CDBG PMT 267.17 101 ‐ GENERAL FUND 01/18/22 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 268.00 January 25, 2022 Regular Meeting of the Lindsay City Council
20320 $62.00
101 ‐ GENERAL FUND 01/18/22 6675 EDD DED:EDD EDD ORDER 62.00 20321 $133.17
101 ‐ GENERAL FUND 01/18/22 3192 SEIU LOCAL 521 DED:DUES UNION DUES 133.17 20322 $7,460.50
101 ‐ GENERAL FUND 01/18/22 6452 GREAT‐WEST TRUST DED:ROTH ROTH 174.18 101 ‐ GENERAL FUND 01/18/22 6452 GREAT‐WEST TRUST DED:0555 DC LOANPAY 1,229.41 101 ‐ GENERAL FUND 01/18/22 6452 GREAT‐WEST TRUST DED:151 DEFERCOMP 2,727.87 101 ‐ GENERAL FUND 01/18/22 6452 GREAT‐WEST TRUST DED:0500 DEF COMP 3,329.04 20323 $41.58
101 ‐ GENERAL FUND 01/18/22 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 41.58 20324 $106.13
101 ‐ GENERAL FUND 01/18/22 6246 MCDERMONT VENTUREI DED:051 MCDERMONT 106.13 20325 $354.37
101 ‐ GENERAL FUND 01/18/22 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 354.37 20326 $14.08
101 ‐ GENERAL FUND 01/19/22 4259 AAA TRUCK SERVICEI CABLE 30 IN4 GAUGE 10.75 101 ‐ GENERAL FUND 01/19/22 4259 AAA TRUCK SERVICEI AIR TANK VALVE 3.33 20327 $1,313.84
101 ‐ GENERAL FUND 01/19/22 2873 ADVANTAGE ANSWERING 1/1/22‐1/31/22 1,313.84 20328 $632.00
101 ‐ GENERAL FUND 01/19/22 6504 ADVENTIST HEALTH TO DECEMBER TOXICOLOGY 632.00 20329 $281.68
101 ‐ GENERAL FUND 01/19/22 3428 AT&T MOBILITY HR&F.D. 28729728686 80.48 101 ‐ GENERAL FUND 01/19/22 3428 AT&T MOBILITY C.M. 287297286867J 40.24 101 ‐ GENERAL FUND 01/19/22 3428 AT&T MOBILITY C.S. 287297286867J 40.24 101 ‐ GENERAL FUND 01/19/22 3428 AT&T MOBILITY P.S. 287297286867J 80.48 400 ‐ WELLNESS CENTER 01/19/22 3428 AT&T MOBILITY W.C. 287297286867J 40.24 20330 $526.54
101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA L& BATTERY‐RETUR (44.60) 101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA TOOL& PART ORGANIZ 32.64 101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA TRUCK 77 ‐SIGNAL BUL 14.02
101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA TRUCK 91‐BALL MOUNT 79.65 101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA DIESEL EXHAUST FLUI 75.16 101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA AUTOMATIC TRANS FLU 16.14 101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA WIPER BLADES 13.03 101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA WIPER BLADES 31.94 101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA L& GARDEN BATTER 44.60 101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA DIESEL KLEEN CETANE 21.74 101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA SYLVANIA BULBS 14.33 101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA MAPHOLDR‐LIFT SUPPO 11.09 101 ‐ GENERAL FUND 01/19/22 5457 AUTO ZONE COMMERCIA DIESEL EXHAUST FLUI 54.77 552 ‐ WATER 01/19/22 5457 AUTO ZONE COMMERCIA MOTOR OIL& FILTER 57.92 552 ‐ WATER 01/19/22 5457 AUTO ZONE COMMERCIA WINDSHIELD FLUID 14.21 552 ‐ WATER 01/19/22 5457 AUTO ZONE COMMERCIA TRUCK#26‐WIPER BLAD 40.65 553 ‐ SEWER 01/19/22 5457 AUTO ZONE COMMERCIA DURALAST BATTERY 23.92 553 ‐ SEWER 01/19/22 5457 AUTO ZONE COMMERCIA RED 36ML THREADLOCK 25.33 20331 $10.24
552 ‐ WATER 01/19/22 6731 BACA JESSICA REFUND‐CLOSED UB AC 10.24 20332 $391.00
400 ‐ WELLNESS CENTER 01/19/22 5875 BMI 1/1/22‐12/31/22 MUS 391.00 20334 $897.32
101 ‐ GENERAL FUND 01/19/22 5832 CINTAS CORPORATION 12/29/21 UNIFORMS 29.97 101 ‐ GENERAL FUND 01/19/22 5832 CINTAS CORPORATION 12/29/21 UNIFORMS 29.97 101 ‐ GENERAL FUND 01/19/22 5832 CINTAS CORPORATION 12/29/21 UNIFORMS 29.97 101 ‐ GENERAL FUND 01/19/22 5832 CINTAS CORPORATION 1/5/22 UNIFORMS 29.97 101 ‐ GENERAL FUND 01/19/22 5832 CINTAS CORPORATION 1/5/22 UNIFORMS 29.97 101 ‐ GENERAL FUND 01/19/22 5832 CINTAS CORPORATION 1/5/22 UNIFORMS 29.97 101 ‐ GENERAL FUND 01/19/22 5832 CINTAS CORPORATION 1/12/22 UNIFORMS 28.05 101 ‐ GENERAL FUND 01/19/22 5832 CINTAS CORPORATION 1/12/22 UNIFORMS 28.05 101 ‐ GENERAL FUND 01/19/22 5832 CINTAS CORPORATION 1/12/22 UNIFORMS 28.05 305 ‐ COVID‐19 EMERGENCY FUND 01/19/22 5832 CINTAS CORPORATION P.S. DISINFECT/CLEA 114.12 305 ‐ COVID‐19 EMERGENCY FUND 01/19/22 5832 CINTAS CORPORATION P.S. DISINFECT/CLEA 53.23 305 ‐ COVID‐19 EMERGENCY FUND 01/19/22 5832 CINTAS CORPORATION P.S. DISINFECT/CLEA 114.12 552 ‐ WATER 01/19/22 5832 CINTAS CORPORATION 1/12/22 UNIFORMS 28.05 552 ‐ WATER 01/19/22 5832 CINTAS CORPORATION 1/5/22 UNIFORMS 29.96 552 ‐ WATER 01/19/22 5832 CINTAS CORPORATION 12/29/21 UNIFORMS 29.96 553 ‐ SEWER 01/19/22 5832 CINTAS CORPORATION 12/29/21 UNIFORMS 29.96 553 ‐ SEWER 01/19/22 5832 CINTAS CORPORATION 1/5/22 UNIFORMS 29.96 553 ‐ SEWER 01/19/22 5832 CINTAS CORPORATION 1/12/22 UNIFORMS 28.05 554 ‐ REFUSE 01/19/22 5832 CINTAS CORPORATION 1/12/22 UNIFORMS 28.05 554 ‐ REFUSE 01/19/22 5832 CINTAS CORPORATION 1/5/22 UNIFORMS 29.96 554 ‐ REFUSE 01/19/22 5832 CINTAS CORPORATION 12/29/21 UNIFORMS 29.96 556 ‐ VITA‐PAKT 01/19/22 5832 CINTAS CORPORATION 12/29/21 UNIFORMS 29.96 556 ‐ VITA‐PAKT 01/19/22 5832 CINTAS CORPORATION 1/5/22 UNIFORMS 29.96 556 ‐ VITA‐PAKT 01/19/22 5832 CINTAS CORPORATION 1/12/22 UNIFORMS 28.05 20335 $592.00
553 ‐ SEWER 01/19/22 279 CITY OF PORTERVILLE NOV. LAB SERVICES 592.00 January 25, 2022 Regular Meeting of the Lindsay City Council
20336 $3,705.33
400 ‐ WELLNESS CENTER 01/19/22 6090 CLEAN CUT LANDSCAPE W.C. DEC. LANDSCAPE 860.00 883 ‐ SIERRA VIEW ASSESSMENT 01/19/22 6090 CLEAN CUT LANDSCAPE DEC. SIERRA VIEW ES 1,129.00 884 ‐ HERITAGE ASSESSMENT DIST 01/19/22 6090 CLEAN CUT LANDSCAPE DEC. HERITAGE PARK 159.50 886 ‐ SAMOA 01/19/22 6090 CLEAN CUT LANDSCAPE DEC. SAMOA TOWN HOM 133.00 887 ‐ SWEETBRIER TOWNHOUSES 01/19/22 6090 CLEAN CUT LANDSCAPE DEC. HERMOSA TOWNH 475.00 888 ‐ PARKSIDE 01/19/22 6090 CLEAN CUT LANDSCAPE DEC. PARKSIDE ESTAT 197.00 889 ‐ SIERRA VISTA ASSESSMENT 01/19/22 6090 CLEAN CUT LANDSCAPE DEC. SIERRA VISTA E 83.33
890 ‐ MAPLE VALLEY ASSESSMENT 01/19/22 6090 CLEAN CUT LANDSCAPE DEC. MAPLE VALLEY 159.50 891 ‐ PELOUS RANCH 01/19/22 6090 CLEAN CUT LANDSCAPE DEC. PELOUS RANCH 509.00 20337 $60.86
101 ‐ GENERAL FUND 01/19/22 6549 COLANTUONO, HIGHSMI DEC UUT UNDER COLLE 60.86 20338 $606.21
101 ‐ GENERAL FUND 01/19/22 6672 COLBY'S TIRE,TOWING LIC#126627 TIRES 606.21 20339 $63.00
101 ‐ GENERAL FUND 01/19/22 2319 COMPUTER SYSTEMS PL 1/3/22 ANTIVIRUS 63.00 20340 $915.40
101 ‐ GENERAL FUND 01/19/22 102 CULLIGAN 150N MIRAGE 12/31/ 55.30 101 ‐ GENERAL FUND 01/19/22 102 CULLIGAN 251E HONOLULU 12/3 148.19 552 ‐ WATER 01/19/22 102 CULLIGAN 18899 AVE 240 12/31 101.26 552 ‐ WATER 01/19/22 102 CULLIGAN 18869 AVE 240 12/31 340.89 552 ‐ WATER 01/19/22 102 CULLIGAN 18829 AVE 240 12/31 190.76 552 ‐ WATER 01/19/22 102 CULLIGAN 23965 RD 188 12/31/ 62.50 552 ‐ WATER 01/19/22 102 CULLIGAN 23611 RD 196 12/31/ 16.50 20341 $633.15
781 ‐ CAL HOME RLF 01/19/22 2540 DEPT.OF HOUSING&C CALHOME TO HCD 1/15 633.15 20342 $1,761.61
700 ‐ CDBG REVOLVING LN FUND 01/19/22 2540 DEPT.OF HOUSING &C CDBG TO HCD 1/15/22 1,761.61
20343 $4,797.53
720 ‐ HOME REVOLVING LN FUND 01/19/22 2540 DEPT.OF HOUSING&C HOME TO HCD 1/15/22 4,797.53 20344 $100.86
101 ‐ GENERAL FUND 01/19/22 119 DOUG DELEO WELDING TAMPER PROOF TORX 96.78 552 ‐ WATER 01/19/22 119 DOUG DELEO WELDING 3/16" SNAP PIN 4.08 20345 $9,000.00
556 ‐ VITA‐PAKT 01/19/22 5760 ED& EDNA BROWER IR VITAPAKT LEASE PMT 9,000.00 20346 $106.22
101 ‐ GENERAL FUND 01/19/22 1450 FRESNO OXYGEN& WEL D,E,SML MED. CYLIND 52.06 101 ‐ GENERAL FUND 01/19/22 1450 FRESNO OXYGEN& WEL D,E,SML MED. CYLIND 54.16 20347 $1,462.75
552 ‐ WATER 01/19/22 3478 FRESNO PIPE& SUPPL ROMAC SS CLAMPS 1,462.75 20348 $1,215.08
101 ‐ GENERAL FUND 01/19/22 6010 FRONTIER COMMUNICAT 209‐042‐9309 1.99 101 ‐ GENERAL FUND 01/19/22 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.13 101 ‐ GENERAL FUND 01/19/22 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.13 101 ‐ GENERAL FUND 01/19/22 6010 FRONTIER COMMUNICAT 209‐151‐2656 46.25 101 ‐ GENERAL FUND 01/19/22 6010 FRONTIER COMMUNICAT 209 ‐151‐2662 61.16
101 ‐ GENERAL FUND 01/19/22 6010 FRONTIER COMMUNICAT 209‐188‐3200 4.51 101 ‐ GENERAL FUND 01/19/22 6010 FRONTIER COMMUNICAT 209‐188‐3200 4.51 101 ‐ GENERAL FUND 01/19/22 6010 FRONTIER COMMUNICAT 209‐151‐2652 46.25 101 ‐ GENERAL FUND 01/19/22 6010 FRONTIER COMMUNICAT 562‐2512 141.19 552 ‐ WATER 01/19/22 6010 FRONTIER COMMUNICAT 562‐7131 137.07 552 ‐ WATER 01/19/22 6010 FRONTIER COMMUNICAT 562‐1552 99.30 552 ‐ WATER 01/19/22 6010 FRONTIER COMMUNICAT 209‐188‐3200 4.51 552 ‐ WATER 01/19/22 6010 FRONTIER COMMUNICAT 209‐150‐2936 84.17 552 ‐ WATER 01/19/22 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.13 553 ‐ SEWER 01/19/22 6010 FRONTIER COMMUNICAT 209
‐151‐2650 23.13
553 ‐ SEWER 01/19/22 6010 FRONTIER COMMUNICAT 209‐188‐3200 4.51 553 ‐ SEWER 01/19/22 6010 FRONTIER COMMUNICAT 209‐151‐2654 46.25 553 ‐ SEWER 01/19/22 6010 FRONTIER COMMUNICAT 209‐151‐2655 46.25 553 ‐ SEWER 01/19/22 6010 FRONTIER COMMUNICAT 562‐7132 275.75 553 ‐ SEWER 01/19/22 6010 FRONTIER COMMUNICAT 209‐150‐3621 118.89 20349 $1,308.00
101 ‐ GENERAL FUND 01/19/22 1970 GIOTTO'S ANNUAL MONITORING 1,308.00 20350 $1,278.00
101 ‐ GENERAL FUND 01/19/22 148 GOMEZ AUTO& SMOG LIC#1226627 IGNITIO 588.84 101 ‐ GENERAL FUND 01/19/22 148 GOMEZ AUTO& SMOG LIC#1226638 BATTERY 689.16 20351 $300.00
101 ‐ GENERAL FUND 01/19/22 6346 JEFF PFEIFFER SQUIRREL TREATMENT 300.00 20352 $3.68
552 ‐ WATER 01/19/22 6730 LEON ABEL REFUND‐CLOSED UB AC 3.68 20353 $3,112.47
101 ‐ GENERAL FUND 01/19/22 4067 LINCOLN NAT'L INSUR FEB. 2022 DENTAL PL 3,112.47 20354 $1,802.68
400 ‐ WELLNESS CENTER 01/19/22 6550 MARIO SAGREDO ELECT W.C. FIX ENTRY LIGH 575.93 400 ‐ WELLNESS CENTER 01/19/22 6550 MARIO SAGREDO ELECT W.C. BROKEN WIRE 285.00 553 ‐ SEWER 01/19/22 6550 MARIO SAGREDO ELECT HICKORY LIFT STATIO 450.00 553 ‐ SEWER 01/19/22 6550 MARIO SAGREDO ELECT HICKORY LIFT STATIO 491.75 January 25, 2022 Regular Meeting of the Lindsay City Council
20355 $12,877.44
554 ‐ REFUSE 01/19/22 5852 MID VALLEY DISPOSAL TU CO DELQ REFUSE1 12,877.44 20356 $75.00
400 ‐ WELLNESS CENTER 01/19/22 6513 WILLIAM A. OROSCO RACK W/SHEL 75.00 20357 $208.52
552 ‐ WATER 01/19/22 6673 PACE SUPPLY CORP MJ IPS GASKETS 208.52 20358 $3,045.62
552 ‐ WATER 01/19/22 6498 PACWEST DIRECT DBP& LEAD NOTICES 3,045.62 20359 $124.27
101 ‐ GENERAL FUND 01/19/22 276 PORTERVILLE RECORDE ORD 594 124.27 20360 $1,099.05
101 ‐ GENERAL FUND 01/19/22 3036 PRO FORCE LAW ENFOR TSR TACT POWER MAG 1,099.05 20361 $4,254.80
101 ‐ GENERAL FUND 01/19/22 399 QUAD KNOPF,INC. DEC. ENGINEERING 315.80 101 ‐ GENERAL FUND 01/19/22 399 QUAD KNOPF,INC. DEC. PALM TERRACEE 1,245.00 101 ‐ GENERAL FUND 01/19/22 399 QUAD KNOPF,INC. DEC. PALM TERRACEM 1,532.90 101 ‐ GENERAL FUND 01/19/22 399 QUAD KNOPF,INC. DEC. LINDSAY INN SI 1,161.10 20362 $1,228.94
101 ‐ GENERAL FUND 01/19/22 285 QUILL CORPORATION PARKS‐LINERS 53.87 101 ‐ GENERAL FUND 01/19/22 285 QUILL CORPORATION OFFICE SUPPLIES 88.17 101 ‐ GENERAL FUND 01/19/22 285 QUILL CORPORATION SEAT CUSHION 41.18 101 ‐ GENERAL FUND 01/19/22 285 QUILL CORPORATION PARKS‐LINERS 505.95 101 ‐ GENERAL FUND 01/19/22 285 QUILL CORPORATION HOLE PUNCHER 11.09 400 ‐ WELLNESS CENTER 01/19/22 285 QUILL CORPORATION BREAKROOM SUPPLIES 29.99 400 ‐ WELLNESS CENTER 01/19/22 285 QUILL CORPORATION W.C. CLEANING SUPPL 498.69 20363 $27.13
552 ‐ WATER 01/19/22 6729 RANGEL‐LEMUS GABRIE REFUND‐CLOSED UB AC 27.13 20364 $2,538.50
101 ‐ GENERAL FUND 01/19/22 3622 RLH FIRE PROTECTION MCD FIRE ALARM MONI 1,858.50 101 ‐ GENERAL FUND 01/19/22 3622 RLH FIRE PROTECTION FIRE ALARM MONITORI 680.00 20365 $295.00
101 ‐ GENERAL FUND 01/19/22 3772 ROSE CITY LABEL JR FIRE FIGHTER STI 295.00 20366 $237.00
554 ‐ REFUSE 01/19/22 6728 SAFETY‐ KLEEN SYSTE FLOURESCENT 4FT BOX 237.00 20367 $186.88
101 ‐ GENERAL FUND 01/19/22 5624 SIERRA SANITATION, FINANCE CHARGE 3.00 101 ‐ GENERAL FUND 01/19/22 5624 SIERRA SANITATION, 12/28/21‐1/25/22 183.88 20368 $332.92
400 ‐ WELLNESS CENTER 01/19/22 6500 CHARTER COMMUNICATI JAN WELLNESS INTERN 332.92 20369 $168.88
101 ‐ GENERAL FUND 01/19/22 6703 STERICYCLE INC 12/13 RECYCLING SER 168.88 20370 $4,124.20
101 ‐ GENERAL FUND 01/19/22 144 THE GAS COMPANY 115‐454‐6222‐5 DEC. 15.68 101 ‐ GENERAL FUND 01/19/22 144 THE GAS COMPANY 163
‐715‐6900 1,040.19
101 ‐ GENERAL FUND 01/19/22 144 THE GAS COMPANY 163‐715‐8900 814.53 101 ‐ GENERAL FUND 01/19/22 144 THE GAS COMPANY 033‐515‐9120‐5 DEC. 15.68 101 ‐ GENERAL FUND 01/19/22 144 THE GAS COMPANY 031‐415‐9000 428.17 400 ‐ WELLNESS CENTER 01/19/22 144 THE GAS COMPANY 098‐628‐2905 1,427.22 400 ‐ WELLNESS CENTER 01/19/22 144 THE GAS COMPANY 092‐375‐2718‐0 DEC. 382.73 20371 $517.40
101 ‐ GENERAL FUND 01/19/22 5792 THOMSON REUTERS ‐ W DECEMBER SOFTWARE 258.70 101 ‐ GENERAL FUND 01/19/22 5792 THOMSON REUTERS ‐ W JAN. 2022 SOFTWARE 258.70 20372 $64.92
101 ‐ GENERAL FUND 01/19/22 6413 TRANS UNION LLC 12/25 BASIC SERVICE 64.92 20373 $460.00
400 ‐ WELLNESS CENTER 01/19/22 1664 TU CO ENVIRONMENTAL 1/1/22 1627 WALK‐UP 460.00 20374 $169.32
400 ‐ WELLNESS CENTER 01/19/22 336 TULARE COUNTY TAXC PARCEL#201‐150‐008 169.32 20375 $48.30
400 ‐ WELLNESS CENTER 01/19/22 336 TULARE COUNTY TAXC PARCEL#201‐150‐008 48.30 20377 $11,969.83
101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT
S ICSC REFUND (50.00)
101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS AMAZON REFUND (37.96) 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS ACROBATS SUBSCRIPTI 78.50 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS RECOG PLAQUE 81.20 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS OVERSTOCK‐CS DIRECT 415.20 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS OVERSTOCK‐CS DIRECT 415.20 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS OVERSTOCK‐CS DIRECT 415.19 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS COSTCO ‐EMPLOYEE APP 251.41
101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS LUIGI'S‐EMPLOYEE APP 377.50 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS SAVE MART‐EMPLOYEE APP 49.89 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS SAVE MART EMPLOYEE APP 14.32 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS PANERA‐X‐MAS DINNER 53.97 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS SAVE MART 29.04 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENTS STARBUCKS 17.95 January 25, 2022 Regular Meeting of the Lindsay City Council
101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S WALMART 114.18 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ICSC 50.00 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ICSC 50.00 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ICSC 50.00 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ICSC HOTEL 464.86 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ICSC HOTEL 464.86 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S LEAGUE OF CA. CITIE 725.00 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S SERVEYMONK 384.00 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S CSMFO 110.00 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S CSMFO 620.00 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ADOBE 50.97 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ADOBE 14.99 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ADOBE 14.99 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ADOBE 9.99 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ADOBE 20.99 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ADOBE 33.99 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ZOOM 15.89 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S GREY MAN TACTICAL 387.20 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S WPSG THE FIRE STORE 148.61 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S COURTYARD BY MARRIO 318.56 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S COSTCO‐WATER DISPEN 195.74 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S ZOOM 13.50 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S AMAZON‐SMART TV 256.11 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S FASTRIP‐STRUCT FIRE 8.10 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S MCDONALDS‐STRUCT FI 16.31 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S STARBUCKS‐STRUCT FI 17.95 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S DELL‐C/S DESKTOP 259.56 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S AMAZON‐COMP. SPEAKE 44.56 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT SPC CONNECTION SALES 32.57 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S DELL‐LAPTOP 359.70 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S RITE AID‐SANTA NIGH 45.00 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S BDN‐WEAPON LIGHTS 399.90 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S GALLS‐CRIME SCENE T 411.08 101 ‐ GENERAL FUND 01/19/22 6326 CORPORATE PAYMENT S BATTERY JUNCTIONS 131.21 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S PSW‐5 DAY PASS & SW 83.98 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S LOWES‐X‐MAS DECOR 78.59 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S PANERA‐LIGHT'S UP 143.92 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S SAVE MART‐LIGHT'S U 89.06 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S DOLLAR TREE‐X‐MAS D 27.19 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S RITE AID‐X‐MAS DECO 127.14 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S HOME DEPOT‐X‐MAS DE 46.32 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S EMPLOYEE APPRECIATION SUP 19.98 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S DRIP 19.00 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S AMAZON‐DEPT. SUPPLI 54.34 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S SAVE MART‐COOKIES 20.08 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S CUSHMAN PARADE DECO 33.26 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S AMAZON‐DEPT. SUPPLI 148.98 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S RITE AID‐X‐MAS DECO 54.34 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S JOANN‐ STARS PROGRA 277.17 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S WALMART‐STARS PROGR 320.20 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S ADOBE 14.99 400 ‐ WELLNESS CENTER 01/19/22 6326 CORPORATE PAYMENT S TARGET‐ TV DISPLAY 399.29 552 ‐ WATER 01/19/22 6326 CORPORATE PAYMENT S AMAZON‐LAPTOP MOUSE 52.18 552 ‐ WATER 01/19/22 6326 CORPORATE PAYMENT S OVERSTOCK‐CS DIRECT 415.19 553 ‐ SEWER 01/19/22 6326 CORPORATE PAYMENT S AMAZON‐SPEAKERS 21.74 553 ‐ SEWER 01/19/22 6326 CORPORATE PAYMENT S D&S SALES‐CRANE CAB 95.02 553 ‐ SEWER 01/19/22 6326 CORPORATE PAYMENT S OVERSTOCK‐CS DIRECT 415.19 554 ‐ REFUSE 01/19/22 6326 CORPORATE PAYMENT S AMAZON‐COMPUTERS 130.48 554 ‐ REFUSE 01/19/22 6326 CORPORATE PAYMENT S OVERSTOCK‐CS DIRECT 415.19 554 ‐ REFUSE 01/19/22 6326 CORPORATE PAYMENT S AMAZON‐WEBCAM 115.23 20378 $1,370.88
101 ‐ GENERAL FUND 01/19/22 5747 UNITED STAFFING MAYRA C. 322.56 101 ‐ GENERAL FUND 01/19/22 5747 UNITED STAFFING JONATHAN & MARCOS 349.44 101 ‐ GENERAL FUND 01/19/22 5747 UNITED STAFFING JONATHAN & MARCOS 349.44 101 ‐ GENERAL FUND 01/19/22 5747 UNITED STAFFING JONATHAN & MARCOS 349.44 20379 $612.11
101 ‐ GENERAL FUND 01/19/22 4240 VALLEY UNIFORM CENT SHIRTS, PATCH,HEMMI 223.54 101 ‐ GENERAL FUND 01/19/22 4240 VALLEY UNIFORM CENT NAVY APPAREL, HEMM 102.03 101 ‐ GENERAL FUND 01/19/22 4240 VALLEY UNIFORM CENT MK4 HOLDER 36.88 101 ‐ GENERAL FUND 01/19/22 4240 VALLEY UNIFORM CENT BIANCHI,GLOVE & BEL 149.66 101 ‐ GENERAL FUND 01/19/22 4240 VALLEY UNIFORM CENT BLACK SHOES 100.00 20380 $656.88
101 ‐ GENERAL FUND 01/19/22 1041 VERIZON WIRELESS 642065758‐00001 DEC 40.83 101 ‐ GENERAL FUND 01/19/22 1041 VERIZON WIRELESS 642065758‐00004 DEC 616.05 20381 $111.54
306 ‐ COVID‐19 ARPA FUND 01/19/22 276 PORTERVILLE RECORDE AD#00079257‐ARPA PL 111.54 20382 $110,000.00
306 ‐ COVID‐19 ARPA FUND 01/19/22 6732 RETAIL STRATEGIES, ECONOMIC DEVELOPMENT ‐ ARPA 40,000.00 306 ‐ COVID‐19 ARPA FUND 01/19/22 6732 RETAIL STRATEGIES, DOWNTOWN STRATEGIES ‐ ARPA 70,000.00 IWO114 $400.00
101 ‐ GENERAL FUND 01/14/22 6727 EXPERTPAY TULARE CO IWO 400.00 IWO121 $706.99
101 ‐ GENERAL FUND 12/28/21 3042 STATE DISBURSEMENT 12/15/21 CHIS ALLAR 706.99 PPAPD1 $571.71
101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE RETRO NEYBA PD123 331.97 January 25, 2022 Regular Meeting of the Lindsay City Council
101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE RETRO MYRA PD123 17.12 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE RETRO DEMPSIE PD123 13.98 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE RETRO NEYBA PD123 179.57 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE RETRO MYRA PD123 15.23 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE RETRO DEMPSIE PD123 13.84 SRV012 $24,653.65
101 ‐ GENERAL FUND 01/19/22 457 PUBLIC EMPLOYEES RE CITY PAID 433 PERS 4,580.87 101 ‐ GENERAL FUND 01/19/22 457 PUBLIC EMPLOYEES RE CITY PAID 434 PERS 6,623.91 101 ‐ GENERAL FUND 01/19/22 457 PUBLIC EMPLOYEES RE CITY PAID PERPA 263 2,321.64 101 ‐ GENERAL FUND 01/19/22 457 PUBLIC EMPLOYEES RE CITY PAID PERPA 253 1,621.92 101 ‐ GENERAL FUND 01/19/22 457 PUBLIC EMPLOYEES RE CITY PAID PERPA 253 303.67 101 ‐ GENERAL FUND 01/19/22 457 PUBLIC EMPLOYEES RE EE PAID 433 PERS 2,549.88 101 ‐ GENERAL FUND 01/19/22 457 PUBLIC EMPLOYEES RE EE PAID 434 PERS 2,680.51 101 ‐ GENERAL FUND 01/19/22 457 PUBLIC EMPLOYEES RE EE PAID PERPA 26330 2,064.72 101 ‐ GENERAL FUND 01/19/22 457 PUBLIC EMPLOYEES RE EE PAID PERPA 25355 1,605.86 101 ‐ GENERAL FUND 01/19/22 457 PUBLIC EMPLOYEES RE EE PAID PERPA 25354 300.67 SRV122 $25,100.74
101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE CTPD 433 1212‐1225 4,457.21 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE CPTD 434 1212‐1225 7,097.38 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE CPTD 26330 1212‐122 2,290.17 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE CPTD 25355 1212‐122 1,641.45 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE CPTD 25354 1212 ‐122 300.06
101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE MBPD 433 1212‐1225 2,479.35 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE MBPD 434 1212‐1225 2,876.09 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE MBPD 26330 1212‐122 2,036.74 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE MBPD 25355 1212‐122 1,625.20 101 ‐ GENERAL FUND 01/06/22 457 PUBLIC EMPLOYEES RE MBPD 253354 1212‐12 297.09 January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Juana Espinoza, Finance Director
DEPARTMENT:
ITEM NO.:
Finance Department
10.1 MEETING DATE: January 25, 2022
ACTION & RECOMMENDATION
First Reading of Ordinance 595, An Ordinance of the City of Lindsay Amending Chapter 3.30 of the Lindsay Municipal Code, Adding a Utility Users Tax to Prepaid Telephony Services for General Purposes a. Consider Approval of Resolution 22-02, Authorizing the City Manager to Execute Agreement with the California Department of Tax and Fee Administration for Implementation of the Local Prepaid Mobile Telephony Services Collection Act
b. Consider the Approval of Resolution 22-03, Authorizing the Examination OF Prepaid Mobile Telephony Service’s Surcharge and Local Charge Records
BACKGROUND | ANALYSIS
In 2014, the California State Legislature passed AB 1717 enacting the Prepaid Mobile Telephony Service Surcharge Collection Act. This bill would, on and after January 1, 2016, suspend the authority of a city, including any charter city, to impose a utility user tax on the consumption of prepaid communications services under tax laws existing prior to January 1, 2016.
AB 1717 would instead require the utility user tax rate for prepaid telephony services to be applied during that period under any ordinance to be at specified tiered rates to be collected and administered by the State Board of Equalization, deposited in the Local Charges for Prepaid Mobile Telephony Services Fund, and transmitted to the city, county, or a city and county, as provided.
Further, AB1717 specified that a change in a utility user tax rate for prepaid telephony services or access charge rate resulting from either the rate limitations or the end of the suspension period is not subject to voter approval under either statute or Article XIII C of the California Constitution. This bill would require these local charges imposed by a city, county, or a city and county be administered and collected by the State Board of Equalization, deposited in the Local Charges for Prepaid Mobile Telephony Services Fund, which this bill would create, and transmitted to the city, county, or a city and county, as provided.
The California Department of Tax and Fee Administration has approved updated language to our municipal code section 3.30 Utility Users Tax to incorporate the approved tiered rate for prepaid telephony services.
The tiered rate for the utility user tax, as identified in section 42102 is 5.50% January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
Staff recommends updating existing municipal code language to include the utility users rate for prepaid telephony services to provide additional revenue to the general fund in future years.
FISCAL IMPACT
FUND: 101
REVENUE ACCOUNT: 309090 UTILITY USERS TAX
ATTACHMENTS
• Notice of public hearing published January 15, 2022 in the Porterville Recorder • Ordinance 595 – Redlined
• Resolution 22-02, A Resolution Authorizing the City Manager to Execute Agreement with the California Department of Tax and Fee Administration for Implementation of the Local Prepaid Mobile Telephony Services Collection Act
• Resolution 22-03, A Resolution Authorizing the Examination of Prepaid Mobile Telephony Services Surcharge and Local Charge Records
• Local Charge Agreement
• Certification
January 25, 2022 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY PUBLIC HEARING NOTICE
Date: Tuesday, January 25, 2022
Time: 6:00 PM or as soon thereafter
Location: Council Chambers City Hall
251 East Honolulu Street, Lindsay, CA 93247
NOTICE IS HEREBY GIVEN THAT THE LINDSAY CITY COUNCIL will hold a PUBLIC HEARING to solicit public comments relating to the following matter:
FIRST READING OF ORDINANCE NO. 595
AN ORDINANCE OF THE CITY OF LINDSAY AMENDING TITLE 3 OF THE LINDSAY MUNICIPAL CODE,
AMENDING UTILITY USERS TAX
FURTHER information on this matter and the full text of the proposed documents may be obtained from the City Clerk at 251 East Honolulu Street, Lindsay, CA 93247 during normal business hours 9:00AM-5:00PM Monday through Friday.
ALL INTERESTED PARTIES are encouraged to attend said PUBLIC HEARING to ask questions, express opinions and/or submit evidence for or against the matter. Written comments should be submitted via mail to the City Clerk at P.O. Box 369, Lindsay, CA 93247, or in person at 251 East Honolulu Street, Lindsay, CA 93247, or via email to [email protected] at least 24 hours prior to the scheduled public hearing.
BY ORDER OF THE CITY COUNCIL OF THE CITY OF LINDSAY
Dated: January 12, 2022
January 25, 2022 Regular Meeting of the Lindsay City Council
ORDINANCE NO. 595
AN ORDINANCE OF THE CITY OF LINDSAY AMENDING CHAPTER 3.30 OF THE
LINDSAY MUNICIPAL CODE, ADDING A UTILITY USERS TAX TO PREPAID
TELEPHONY SERVICES FOR GENERAL PURPOSES
THE CITY COUNCIL OF THE CITY OF LINDSAY DOES ORDAIN AS FOLLOWS:
Section 1: PURPOSE. The provisions of this ordinance are intended to amend Chapter 3.30 of the City of Lindsay Municipal Code.
Section 2. CODE ENACTMENT. Lindsay Municipal Code, Chapter 3.30 is hereby amended as follows:
3.30 Utility Users Tax
3.30.010 Description And Purpose
The purpose of this chapter is to impose a general tax, herein referred to as a "utility users tax," as a revenue measure to provide funds to pay the usual and necessary expenses of the city. The proceeds shall be paid into the General Fund of the city to be expended only for expenses of the city chargeable to the general fund. Proceeds of the tax shall be general fund moneys available for any municipal purpose.
(Ord. 458 § 1 (part), 1994)
3.30.020 Definitions
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"City" means the city of Lindsay.
"Gas" means natural or manufactured gas or any alternate hydrocarbon fuel which may be supplied by pipeline to a service user by a service supplier. "Miscellaneous subscriber paid services" means electronically transmitted financial, news, sports, entertainment, educational, information and shopping service furnished to service users for a fee.
"Month" means a calendar month.
"Person" means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common law trust, society, or individual.
"Service supplier" means any entity required to collect or self-impose and remit a tax as January 25, 2022 Regular Meeting of the Lindsay City Council
imposed by this chapter."Sewer service" means the collection of domestic, commercial or industrial liquid waste and disposal thereof by primary, secondary or tertiary treatment, followed by recycling or by land application.
"Subscriber paid television" means television service furnished to subscribers for a fee irrespective of the manner in which service is received, whether by cable or other means. "Tax administrator" means the person or persons so designated from time to time by the city manager of the city of Lindsay.
"Telephone corporation," "electrical corporation," "gas corporation," "water corporation," "cable television corporation," "sewer system corporation," and "refuse (solid waste) corporation," shall have the same meanings as defined in Sections 215.5, 218, 222, 230.6, 234, and 241 of the California Public Utilities Code, and 40193 of the Public Resources Code respectively, except "electrical corporation," "gas corporation," "water corporation," "sewer system corporation" and "refuse (solid waste) corporation" shall also be construed to include the city itself, any municipality, franchised agency, governmental agency, public agency, broker/marketer or person engaged in the selling or supplying of electrical power or gas or water or refuse service or sewer service to a service user. Cable television corporations shall include all television service received by a service user paid by subscription without reference to the means or manner of the transmission of the signal for which the subscriber is charged. (Ord. 458 § 1 (part), 1994)
3.30.030 Exemptions
Nothing in this section shall be construed as imposing a tax upon:
A. The county of Tulare, the state or the United States, or upon the Lindsay Unified School District or Lindsay Elementary School District or upon any other person, the imposition of which will be inviolation of the laws of the United States or the state or the Constitution of the United States or the state;
B. Any service user using gas or electrical energy for propulsion of farming tools and equipment,fork lifts, operation of stationary mechanical equipment used in the growing of crops, including wind machines and irrigation water wells and return and pressure systems;
C. Bottled gas without regard to the nature of use;
D. Cellular telephone service;
E.D. Water delivered by a service supplier, other than the city, to a service user for the irrigation of lands devoted to the production of crops for sale; January 25, 2022 Regular Meeting of the Lindsay City Council
F.E. Bottled water service.
(Ord. 458 § 1 (part), 1994)
3.30.040 Maximum Tax Alternative
A. The maximum annual tax levied by this chapter to be paid by any single service user for one location under this chapter, shall be one thousand dollars per year, per utility.
The phrase "one location" as used in this subsection means one or more contiguous sites not divided by a public street for which the service user receives one or more utility billings.
B. A utility service user, to qualify for the payment of a maximum tax pursuant to this chapter, must qualify for such right in the manner hereinafter provided and must comply with each and all of the following provisions:
1. The utility service user shall make written application on forms supplied by the tax administrator on or before June 1st of the year immediately preceding the fiscal year in which the maximum tax would be applicable or within thirty days after the commencement of the receipt of such utility service within the city. In the event of a new utility service, in such application the utility service user shall request, in writing, to pay the maximum tax to which the utility service tax will apply in lieu of tax payments billed by the utility service supplier.
2. The tax year to which the maximum limitations shall apply shall be from July 1st of each year until the next succeeding June 30th. For the period of time from December 1, 1994, to June 30, 1995, the maximum tax shall be prorated on a calendar month basis.
3. Said application shall include the utility user's name, applicable service location to which the maximum tax is to be applied, and the specific utility or utilities to which the maximum tax will be paid, together with such other information as may be required by the tax administrator.
4. The service user shall obtain the written approval of the tax administrator to pay the maximum tax.
5. The service user shall make payment of the maximum tax, for each applicable utility service, directly to the tax administrator, on or before July 1st of the fiscal year for which the maximum tax is to be paid. In the event of a new utility service, within thirty days after commencement of the receipt of such utility service at such location or within thirty days after the commencement of the levy of the tax.
6. The tax administrator shall provide to each applicable utility service January 25, 2022 Regular Meeting of the Lindsay City Council
provider a copy of the approved application to pay maximum tax and a copy of proof of payment of said maximum tax.
C. Commencing on July 1, 1996, and annually on July 1st of each year thereafter, the maximum tax payable pursuant to this chapter shall be adjusted by reference to the Consumer Price Index issued by the Bureau of Labor Statistics of the United States Department of Labor for Urban Consumers in the State of California or such other consumer price index issued by the Bureau of Labor Statistics in replacement thereof as follows:
1. The applicable consumer price index in effect on December 1, 1994, shall be deemed to be the base for determining any increase in the maximum tax.
2. The consumer price index for June 1st of each succeeding year commencing on June 1, 1996, shall be determined.
3. If the consumer price index established under subsection (C)(2) of this section is greater than the consumer price index determined under subsection (C)(1) of this section, the difference shall be determined.
4. The percentage increase in the consumer price index over and above that established under subsection (C)(1) of this section shall be the percentage increase in the maximum tax.
5. For computing the increase in the maximum tax each year, the base shall be the amount used to determine the increase for the previous period under subsection (C)(2) of this section.
6. To make the computation each year, the difference between the price index figure determined under subsection (C)(1) of this section and the price index figure determined under subsection (C)(2) of this section, shall be ascertained by subtracting the lesser from the greater. If the resulting figure is a negative figure, no increase in the maximum tax shall result. If a positive figure results, said change will be applied to establish a revised maximum annual tax.
7. For the purpose of making the computation of the maximum tax pursuant to this subsection, the tax administrator shall make the computation required by this subsection as of June 1st of each year. After making such computation, the tax administrator shall notify all persons known to him that are contemplating the exercise of a service user's right to pay the maximum tax. The annual computation of the maximum tax made by the tax administrator shall be binding upon all persons subject to the maximum tax. The computation of the maximum tax made by the tax January 25, 2022 Regular Meeting of the Lindsay City Council
administrator shall be binding upon all persons, bodies, or agencies subject to the tax or seeking to review or modify the same.
D. Any utility service user who is qualified for the payment of a maximum tax pursuant to the provisions set forth hereinabove shall thereafter not be taxed by the utility service provider for the fiscal year within which the utility service user has qualified for the payment of the maximum tax and paid the tax. The utility service provider shall not be responsible for the collection of the applicable utility tax for any party that has qualified for payment of the maximum tax as set forth hereinabove.
E. No utility service user shall be entitled to pay only the maximum tax, or to any refund for any payments made in excess of the maximum tax, unless he/she has satisfied the terms and conditions of subsection B of this section. (Ord. 458 § 1 (part), 1994)
3.30.050 Telephone Users Tax
A. There is imposed a tax on the amounts paid for all intrastate, interstate and international telephone services, except cellular telephone service, by every person in the city using such services. The tax imposed by this section shall be at the rate of six percent of the charges made for such services and shall be paid by the person paying for such services.
B. As used in this section, the term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones except that where such coinoperated service is furnished for a guaranteed amount, the amounts paid under such guarantee, plus any fixed monthly or other periodic charge, shall be included in the base for computing the amount of tax due; nor shall the term "charges" include charges for any type of service or equipment furnished by a service supplier subject to public utility regulations during any period in which the same or similar services or equipment are also available for sale or lease from persons other than a service supplier subject to public utility regulation; nor shall the words "telephone communication services" include cellular land and noncellular mobile service or maritime mobile services as defined in Section 2.1 of Title 47 of the Code of Federal Regulations, as said section existed on January 1, 1970. The term "telephone communication services" refers to that service which provides access to a telephone system and the privilege of telephone quality communication with substantially all persons having telephone stations which are part of such telephone system to the extent not prohibited by federal and/or state law, now or in the future. The tax imposed by this section applies to all telephone communication service however charge or billed, including, but not limited to prepaid services, post-paid services, 800 services (or any other toll-free numbers), or 900 services. The telephone users tax is intended to, and does, apply to all qualified charges billed to a telephone account having a situs in the city, irrespective of whether a particular communication service January 25, 2022 Regular Meeting of the Lindsay City Council
originates and/or terminates within the city. The tax imposed by this section shall in no instance exceed tax rates allowed under state or federal tax laws.
C. The tax imposed by this section shall be collected from the service user by the person providing the telephone communication services, or the person receiving payment for such services. The amount of the tax collected in one month shall be remitted to the tax administrator on or before the last day of the following month or as agreed to under the provisions of Section 3.30.170(C).
D. Notwithstanding the provisions of subsection A of this section, the tax imposed under this section shall not be imposed upon any person for using telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Division 2, Part 20, of the California Revenue and Taxation Code, or the tax imposed under Section 4251 of the Internal Revenue Code.
(Ord. 458 § 1 (part), 1994)
3.30.060 Electricity Users Tax
A. There is imposed a tax upon every person using electrical energy in the city. The tax imposed by this section shall be at the rate of six percent of the charges made for such energy and shall be paid by the person paying for such electrical energy. The tax applicable to electrical energy provided by self-production or a nonutility supplier shall be determined by applying the tax rate to the equivalent charges the service user would have incurred if the energy used had been provided by the electrical corporation franchised by the city. Rate schedules for this purpose shall be available from the city. Nonutility suppliers shall install and maintain an appropriate utilitytype metering system which will enable compliance with this section, or may arrange another methodology for applying the tax acceptable to the tax administrator. "Charges," as used in this section, shall include charges made for: (1) metered energy and (2) minimum charges for service, including customer charges, service charges, demand charges, standby charges and all other annual and monthly charges, fuel or other cost adjustments.
B. The tax imposed in this section shall be collected from the service user by the energy service supplier or nonutility supplier. An energy supplier providing wheeling services only for delivery of electricity through its distribution system shall collect the tax from the service user based upon the cost of wheeling the electricity. The tax on energy provided by self-production or by a nonutility supplier shall be collected and remitted in the manner set forth in Section 3.30.080. The amount of the tax collected in one month shall be remitted to the tax administrator on or before the last day of the following month or as agreed to under the provisions of Section 3.30.170(C). (Ord. 458 § 1 (part), 1994)
January 25, 2022 Regular Meeting of the Lindsay City Council
3.30.070 Gas Users Tax
A. There is imposed a tax upon every person using gas in the city, which is transported through a pipeline distribution system. The tax imposed by this section shall be at the rate of six percent of the charges made for such gas and shall be paid by the person paying for the gas. The tax applicable to gas provided by a nonutility supplier shall be determined by applying the tax rate, to the equivalent charges the service user would have incurred if the gas or gas transportation had been provided by a gas corporation franchised by the city. "Charges" as used in this section shall include: (1) the charge for gas which is delivered through a gas pipeline distribution system; (2) gas transportation charges; and (3) demand charges, service charges, customer charges, minimum charges, annual and monthly charges.
B. The tax imposed in this section shall be collected from the service user by the energy service supplier or nonutility supplier. An energy supplier providing transportation services only for delivery of gas through a pipeline distribution system shall collect the tax from the service user based upon the cost of transporting the gas. The tax on energy provided by self-production or by a nonutility supplier shall be collected and remitted in the manner set forth in Section 3.30.080. The amount of the tax collected in one month shall be remitted to the tax administrator on or before the last day of the following month or as agreed to under the provisions of Section 3.30.170(C). (Ord. 458 § 1 (part), 1994)
3.30.080 Collection Of Tax From Service Users Receiving Gas Or Electricity From Nonutility Suppliers
A. Any service user subject to the tax imposed by Section 3.30.050, 3.30.060 or 3.30.070 hereof, who produces electricity or gas for self-use or who receives electricity or gas directly from a nonutility supplier, shall report said fact to the tax administrator and remit the tax due directly to the city within thirty days of such use.
B. The tax administrator may require said service user to identify its nonutility supplier and provide, subject to audit, filed tax returns or other satisfactory evidence documenting the quantity of electricity or gas used and the price thereof. (Ord. 458 § 1 (part), 1994)
3.30.090 Water Users Tax
A. There is imposed a tax upon every person in the city using water which is delivered by the city by mains or pipes. The tax imposed by this section shall be at the rate of six percent of the charges made for such water and shall be paid by the person paying for such water.
January 25, 2022 Regular Meeting of the Lindsay City Council
B. The tax imposed in this section shall be collected from the service user by the person supplying the water. The amount collected in one month shall be remitted to the tax administrator on or before the last day of the following month or as agreed to under the provisions of Section 3.30.170(C).
(Ord. 458 § 1 (part), 1994)
3.30.100 Subscriber-Paid Television
A. There is imposed a tax upon every person in the city using subscriber-paid television service. The tax imposed by this section shall be at the rate of six percent of the charges made for such service and shall be paid by the person paying for such service.
B. The tax imposed in this section shall be collected from the service user by the person furnishing the subscriber-paid television service. The amount of the tax collected in one month shall be remitted to the tax administrator on or before the last day of the following month or as agreed to under the provisions of Section 3.30.170(C).
C. Notwithstanding any other provision of this section, a service user receiving subscriber-paid television services directly from a nonutility supplier, or otherwise not having the full tax due, billed and collected by the service supplier, shall report said fact to the tax administrator within thirty days of said use; and shall remit the amount of tax due directly to the city.
(Ord. 458 § 1 (part), 1994)
3.30.110 Refuse Users Tax
A. There is imposed a tax upon every person in the city using refuse service. The tax imposed by this section shall be at the rate of six percent of the charges made for such service and shall be paid by the person paying for such services.
B. The tax imposed in this section shall be collected from the service user by the person furnishing the refuse service. The amount of the tax collected in one month shall be remitted to the tax administrator on or before the last day of the following month or as agreed to under the provisions of Section 3.30.170(C). (Ord. 458 § 1 (part), 1994)
3.30.120 Sewer Users Tax
A. There is imposed a tax upon every person in the city using sewer service. The tax imposed by this section shall be at the rate of six percent of the charges made for such service and shall be paid by the person paying for such services.
January 25, 2022 Regular Meeting of the Lindsay City Council
B. The tax imposed in this section shall be collected from the service user by the person furnishing the sewer service. The amount of the tax collected in one month shall be remitted to the tax administrator on or before the last day of the following month or as agreed to under the provisions of Section 3.30.170(C). (Ord. 458 § 1 (part), 1994)
3.30.130 Miscellaneous Subscriber-Paid Service Users Tax A. There is imposed a tax upon every person in the city using miscellaneous subscriberpaid services, other than a subscriber-paid television service. The tax imposed by this section shall be at the rate of six percent of the charges made for such service and shall be paid by the person paying for such service.
B. The tax imposed in this section shall be collected from the service user by the person furnishing the miscellaneous subscriber-paid television service. The amount of the tax collected in one month shall be remitted to the tax administrator on or before the last day of the following month or as agreed to under the provisions of Section
3.30.170(C).
C. Notwithstanding any other provision of this ordinance, a service user receiving miscellaneous subscriber-paid television services directly from a nonutility supplier, or otherwise not having the full tax due, billed and collected by the service supplier, shall report said fact to the tax administrator within thirty days of said use; and shall remit the amount of tax due directly to the city.
(Ord. 458 § 1 (part), 1994)
3.30.140 Interest And Penalty
A. Taxes collected from a service user which are not remitted to the tax administrator on or before the due dates provided in this chapter are delinquent. Should the due date occur on a weekend or legal holiday, the return may be postmarked on the first regular working day following a Saturday, Sunday or legal holiday.
B. Interest for delinquency in remittance of any tax collected or any deficiency determination shall attach and be paid by the person required to collect and remit at the rate of one and one-half percent per month of the total tax collected or imposed herein.
C. The tax administrator shall have the power to impose additional penalties upon persons required to collect and remit taxes under the provisions of this chapter for fraud or negligence in reporting or remitting at the rate of fifteen percent of the amount of the tax collected or as recomputed by the tax administrator. (Ord. 458 § 1 (part), 1994)
January 25, 2022 Regular Meeting of the Lindsay City Council
3.30.150 Actions To Collect
Any tax required to be paid by a service user under the provisions of this chapter shall be deemed a debt owed by the service user to the city. Any such tax collected from a service user which has wilfully been withheld from the tax administrator shall be deemed a debt owed to the city by the person required to collect and remit. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount, together with attorney's fees and costs. (Ord. 458 § 1 (part), 1994)
3.30.160 Duty To Collect, Procedures
The duty to collect and remit the taxes imposed by this chapter shall be performed as follows:
A. Notwithstanding the provisions of any other section of this chapter, the tax shall be collected insofar as practicable at the same time as and along with the charges made in accordance with the regular billing practices of the service supplier. Where the amount paid by a service user tea service supplier is less than the full amount of the energy charge and tax which has accrued for the billing period, such amount and any subsequent payments by a service user shall be applied to the utility charge first until such charge has been fully satisfied. Any remaining balance shall be applied to taxes due. In those cases where a service user has notified the service supplier of refusal to pay the tax imposed under this chapter, Section 3.30.170 will apply.
B. The duty to collect tax from a service user shall commence with the beginning of the first full regular billing period applicable to the service user where all charges normally included in such regular billing are subject to the provisions of this chapter.
Where a person received more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing. (Ord. 458 § 1 (part), 1994)
3.30.170 Additional Power And Duties Of Tax Administrator A. The tax administrator shall have the power and duty, and is hereby directed, to enforce each and all of the provisions of this chapter.
B. The tax administrator shall have the power to adopt rules and regulations not inconsistent with provisions of this chapter for the purpose of carrying out and enforcing the payment, collection and remittance of the taxes herein imposed. A copy of such rules and regulations shall be on file in the tax administrator's office.
C. The tax administrator may make administrative agreements to vary the strict requirements of this chapter so that collection of any tax imposed herein may be made in conformance with the billing procedures of a particular service supplier so January 25, 2022 Regular Meeting of the Lindsay City Council
long as said agreements result in collection of the tax in conformance with the general purpose and scope of this chapter. A copy of each such agreement shall be on file in the tax administrator's office.
D. The tax administrator shall determine the eligibility of any person who asserts a right to exemption from the tax imposed by this chapter. The tax administrator shall provide the service supplier with the name of any person whom the tax administrator determines is exempt from the tax imposed hereby, together with the address to which service is supplied to any such exempt person.
E. The tax administrator shall provide written notice to all service suppliers of any change in the city's boundaries within thirty days after the effective date of such change. Said notice shall set forth the revised boundaries by street and address along with a copy of the final annexation order from the Local Agency Formation Commission. The tax imposed shall apply to charges appearing on bills rendered as soon thereafter as the service supplier is able to arrange for bookkeeping and accounting functions so that the tax imposed can be billed to and/or collected from the service user, but in no case more than ninety days after said effective date. (Ord. 458 § 1 (part), 1994)
3.30.180 Assessment, Administrative Remedy
A. The tax administrator may make an assessment for taxes not remitted by a person required to remit.
B. Whenever the tax administrator determines that a service user has deliberately withheld the amount of the tax owed by the service user from the amounts remitted to a person required to collect the tax, or that a service user has refused to pay the amount of tax to such person, or whenever the tax administrator deems it in the best interest of the city, the tax administrator may relieve such person of the obligation to collect taxes due under this chapter from certain named service users for specified billing periods.
C. The service supplier shall provide the city with amounts refused and/or unpaid with the names and addresses of the service users neglecting to pay the tax imposed under provisions of this chapter.
D. The tax administrator shall notify the service user that the tax administrator has assumed responsibility to collect the taxes due for the stated periods and demand payment of such taxes. The notice shall be served on the service user by personal delivery or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the service user at the address to which billing was made by the person required to collect the tax; or, should the service user have changed addresses, to the last known address. If a service user fails to remit the tax to the tax January 25, 2022 Regular Meeting of the Lindsay City Council
administrator within fifteen days from the date of the service of the notice, which shall be the date of mailing if service is not accomplished in person, a penalty of twenty-five percent of the amount of the tax set forth in the notice shall be imposed, but not less than five dollars. The penalty shall become a part of the tax herein required to be paid. Interest shall accrue from the date due at the rate of one and onehalf percent per month.
E. In the event suit is instituted for any taxes becoming due to the city under this chapter, the court shall award a reasonable attorney's fee to the city. (Ord. 458 § 1 (part), 1994)
3.30.190 Records
A. It shall be the duty of every person required to collect and remit to the city any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine liability for the remittance to the tax administrator, which records the tax administrator shall have the right to inspect at all reasonable times.
B. A person providing transportation services of any utility to a user for delivery through any distribution system shall make available to the tax administrator records of the names and addresses of service users for whom only transportation services are provided by such persons. All information provided to the tax administrator pursuant to this section shall be used solely for the purposes of this chapter. (Ord. 458 § 1 (part), 1994)
3.30.200 Refunds
A. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the tax administrator under this chapter, it may be refunded by the tax administrator. No utility service user shall be entitled to a refund, nor may a utility service supplier apply for a refund, for the payment of a utility user's tax in excess of the maximum tax established by the council. It is the intent of this chapter that the only means for limiting payment of the utility user's taxes to any maximum amount established by the city council is for the utility service user to avail itself of the provisions of Section 3.30.040 of this chapter.
B. Any service user who is qualified under this section shall be entitled to a refund. The refund referred to in this subsection shall be one-third of the total utility taxes paid under this chapter by such person for utility services supplied to his/her primary residence for each full fiscal year after he/she has reached the age of sixty-two years.
To be entitled to the refund referred to in this subsection, the service user shall make a claim for refund directly to the city, only during the months of July and August in January 25, 2022 Regular Meeting of the Lindsay City Council
the fiscal year following the year for which refund is claimed. Should the service user fail to make application for such refund during the time referred to in this subsection, the service user's right to such refund shall lapse and terminate.
C. In making an application for a refund, the service user shall file an application with the tax administrator on the forms supplied by the tax administrator which will be accompanied by a copy of each bill issued by the service supplier showing the tax paid, together with a receipt for payment or the canceled check for the amount of the utility bill.
D. Upon being satisfied that the applicant is entitled to a refund under the provisions of this chapter, the tax administrator shall be and is authorized, instructed and directed to make the refund applied for.
E. No refund shall be paid under the provisions of this section unless the claimant establishes the right thereto by written records showing entitlement thereto.
F. Notwithstanding other provisions of this section, whenever a service supplier, pursuant to an order of the California Public Utilities Commission or a court of competent jurisdiction, makes a refund to service users of charges for past utility services, the taxes paid pursuant to this chapter on the amount of such refunded charges shall also be refunded to service users, and the service supplier shall be entitled to claim a credit for such refunded taxes against the amount of tax which is due upon the next monthly returns. In the event this chapter is repealed, the amounts of any refundable taxes will be borne by the city.
(Ord. 458 § 1 (part), 1994)
Section 4. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) [the activity will not result in direct or reasonably foreseeable indirect physical changes in the environment].
Section 5. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Lindsay, or any official, employee or agent thereof.
Section 6. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 7. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the January 25, 2022 Regular Meeting of the Lindsay City Council
validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Lindsay hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 8. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Lindsay Municipal Code as amended by this ordinance are substantially the same as provisions in the Lindsay Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 9. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(l) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.
THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the __th day of ________________ 2022.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the __th day of ________________ 2022.
CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Ramona Caudillo, Mayor
ATTEST:
____________________________________
Mayra Espinoza-Martinez, City Clerk
January 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-02
NUMBER 22-02
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LINDSAY AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR
IMPLEMENTATION OF THE LOCAL PREPAID MOBILE
TELEPHONY SERVICES COLLECTION ACT.
At a regularly scheduled meeting of the City Council of the City of Lindsay, held on January 25th, 2022, at the hour of 6:00 p.m. in the Council Chamber at City Hall, 251 E Honolulu Street Lindsay, California 93247, the following resolution was adopted:
WHEREAS, on January 25, 2022, the Lindsay City Council certified that Ordinance No. 595 applies its local charge(s) (access to 911 or communication services and/or utility user tax) to prepaid mobile telephony services; and
WHEREAS, the Local Prepaid Mobile Telephony Services Collection Act, mandates the California Department of Tax and Fee Administration (Department) to administer and collect the local charges for all applicable local jurisdictions (Rev. & Tax Code section 42103); and WHEREAS, the Department will perform all functions incident to administration and collection of the local charges for the City of Lindsay; and
WHEREAS, the Department requires that the City of Lindsay enter into an “Agreement for State Collection and Administration of Local Charges” prior to implementation of the Local Prepaid Mobile Telephony Services Collection Act, and
WHEREAS, the Department requires that the City Council authorize the agreement; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lindsay that the attached “Agreement for State Collection and Administration of Local Charges” is hereby approved and the City Manager is hereby authorized to execute the agreement.
January 25, 2022 Regular Meeting of the Lindsay City Council
RESOLUTION NO. 22-02
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE January 25, 2022
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
MAYRA ESPINOZA-MARTINEZ RAMONA CAUDILLO
CITY CLERK MAYOR
January 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-03
NUMBER 22-03
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LINDSAY AUTHORIZING THE EXAMINATION FO
PREPAID MOBILE TELPEHONY SERVICES SURCHARGE
AND LOCAL CHARGE RECORDS
At a regularly scheduled meeting of the City Council of the City of Lindsay, held on January 25th, 2022, at the hour of 6:00 p.m. in the Council Chamber at City Hall, 251 E Honolulu Street Lindsay, California 93247, the following resolution was adopted:
WHEREAS, pursuant to Ordinance No. 595, of the City of Lindsay and the Local Prepaid Mobile Telephony Services Collection Act, the City of Lindsay hereinafter called Local Jurisdiction, entered into a contract with the California Department of Tax and Fee Administration, hereafter referred to as the Department, to perform all functions incident to the administration and collection of the prepaid mobile telephony services surcharge and local charges (Rev. & Tax. Code, § 42101.5); and
WHEREAS, the Local Jurisdiction deems it desirable and necessary for authorized representatives of the Local Jurisdiction to examine confidential prepaid mobile telephony services surcharge and local charge records pertaining to the prepaid mobile telephony services surcharge and local charges collected by the Department for the Local Jurisdiction pursuant to that contract; and
WHEREAS, the Department will make available to the Local Jurisdiction any information that is reasonably available to the Department regarding the proper collection and remittance of a local charge of the Local Jurisdiction by a seller, including a direct seller, subject to the confidentiality requirements of Sections 7284.6, 7284.7 and 19542 of the Revenue and Taxation Code; and
WHEREAS, Sections 42110 and 42103 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of California Department of Tax and Fee Administration records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from the prepaid mobile telephony services surcharge and local charge records of the Department;
January 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-03
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Director of Finance or other officer or employee of the Local Jurisdiction designated in writing by the City Manager to represent the Local Jurisdiction with authority to examine prepaid mobile telephony services surcharge and local charge records of the Department pertaining to prepaid mobile telephony services surcharge and local charges collected for the Local Jurisdiction by the Department pursuant to the contract between the Local Jurisdiction and the Department. The information obtained by examination of Department records shall be used only for purposes related to the collection of the Local Jurisdiction’s prepaid mobile telephony services surcharge and local charges by the Department pursuant to the contract.
SECTION 2. That the Director of Finance or other officer or employee of the Local Jurisdiction designated in writing by the City Manager to the Department is hereby appointed to represent the Local Jurisdiction with authority to examine those prepaid mobile telephony services surcharge and local charge records of the Department for purposes related to the following governmental functions of the Local Jurisdiction:
a) Compliance and enforcement of the Utility Users Tax (Local Charge)
The information obtained by examination of the Department records shall be used only for those governmental functions of the Local Jurisdiction listed above.
SECTION 3. That Muniservices, LLC is hereby designated to examine the prepaid mobile telephony services surcharge and local charges records of the California Department of Tax and Fee Administration pertaining to prepaid mobile telephony services surcharge and local charges collected for the Local Jurisdiction by the Department. The person or entity designated by this section meets all of the following conditions (Rev. & Tax. Code, § 42110, subd. (b)(2)):
January 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-03
a) Has an existing contract with the Local Jurisdiction that authorizes the person to examine the prepaid mobile telephony services surcharge and local charge records;
b) Is required by that contract with the Local Jurisdiction to disclose information contained in or derived from, those records only to an officer or employee of the Local Jurisdiction authorized by the resolution to examine the information; c) Is prohibited by that contract from performing consulting services for a seller during the term of that contract; d) Is prohibited by that contract from retaining information contained in, or derived from, those prepaid mobile telephony services surcharge and local charge records, after that contract has expired.
The contract between the Local Jurisdiction and Muniservices, LLC designated by the Local Jurisdiction to request information from the Department shall be subject to the following limitations (Rev. &Tax. Code, § 42103, subd. (g)):
a) Muniservices, LLC shall, to the same extent as the Department, be subject to the section 55381, relating to unlawful disclosures. b) The contract between the Local Jurisdiction and Muniservices, LLC, shall not provide, in whole or in part, in any manner a contingent fee arrangement as payment for services rendered.
BE IT FURTHER RESOLVED THAT The information obtained by examination of the Department records shall only be used for purposes related to the collection of the Local Jurisdiction’s prepaid mobile telephony services surcharge and local charges by the Department pursuant to the contract between the Local Jurisdiction and Department, or for purposes related to other governmental functions of the Local Jurisdiction, as identified above in section 2.
January 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-03
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE January 25, 2022
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
MAYRA ESPINOZA-MARTINEZ RAMONA CAUDILLO
CITY CLERK MAYOR
January 25, 2022 Regular Meeting of the Lindsay City Council
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Local Jurisdiction
AGREEMENT FOR STATE COLLECTION AND ADMINISTRATION OF
LOCAL CHARGES
This Agreement is for the purpose of implementing the Local Prepaid Mobile Telephony Services Collection Act (Part 21.1, commencing with Section 42100) of Division 2 of the Revenue and Taxation Code), hereinafter referred to as the Local Charge Act. The and the California Department of Tax and Fee
Administr
In
a
sertt nia
o
me
n
of
,
lochal
e
jur
r
is
e
diciti
n
onafter called the Department, do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in this Agreement they shall be interpreted to mean the following:
A. “Administrative Expenses” means all expenses incurred by the Department in the administration and collection of the local charges, including preparation and wind down costs which are reimbursable to the Department from the revenues collected by the Department on behalf of the local jurisdiction.
B. “Contingent Fee” includes, but is not limited to, a fee that is based on a percentage of the tax liability reported on a return, a fee that is based on a percentage of the taxes owed, or a fee that depends on the specific tax result attained.
C. “Direct Seller” means a prepaid Mobile Telephony Service (MTS) provider or service supplier, as defined in section 41007, that makes a sale of prepaid mobile telephony services directly to a prepaid consumer for any purpose other than resale in the regular course of business. A direct seller includes, but is not limited to, a telephone corporation, a person that provides an interconnected Voice over Internet Protocol (VoIP) service, and a retailer as described in section 42004(b)(1).
D. “Local Charges” means a utility user tax imposed on the consumption of prepaid mobile telephony services, as described in section 42102, and charges for access to communication services or to local “911” emergency telephone systems imposed by a local jurisdiction, as described in section 42102.5.
E. “Local Jurisdiction” or “local agency” means a city, county, or city and county, which includes a charter city, county, or city and county of this State, which has adopted an ordinance imposing a local charge of the kind described in Part 21.1 of Division 2 of the Revenue and Taxation Code and has entered into a contract with the Department to perform all functions incident to the collection of the local charges.
F. “Ordinance” means an ordinance of a local jurisdiction imposing a local charge, including any local enactment relating to the filing of a refund or a claim arising under the ordinance, attached hereto, as amended from time to time.
January 25, 2022 Regular Meeting of the Lindsay City Council
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G. “Quarterly local charges” means the total amount of local charges transmitted by the Department to a local jurisdiction for a calendar quarter, as set forth in section 42106(a)(1).
H. “Refund” means the amount of local charges deducted by the Department from a local jurisdiction’s quarterly local charges in order to pay that jurisdiction’s share of a local charge refund due to one taxpayer.
I. “Section” – all section references are to the Revenue and Taxation Code.
J. “Seller” means a person that sells prepaid mobile telephony service to a person in a retail transaction.
ARTICLE II
DEPARTMENT ADMINISTRATION AND COLLECTION OF LOCAL CHARGES A. Administration. The Department and the local jurisdiction agree that the Department shall perform functions incident to the collection of the local charges from sellers that are not direct sellers.
B. Collection. The Department shall collect the local charges in the same manner as it collects the prepaid MTS Surcharge in the Prepaid Mobile Telephony Services Surcharge Collection Act, subject to specified limitations in the Local Charge Act for which the local jurisdiction is responsible, as set forth in Article III of this Agreement.
C. Audits. The Department’s audit duties shall be limited to verification that the seller that is not a direct seller complied with the Local Charge Act.
D. Other applicable laws. The Department and the local jurisdiction agree that all provisions of law applicable to the administration and operation of the Local Charge Act, Prepaid Mobile Telephony Services Surcharge Collection Act, and the Fee Collection Procedures Law (FCPL) shall be applicable to the collection of local charges. References in the FCPL to feepayer include a person required to pay the local charge, including the seller. All future amendments to applicable laws are automatically incorporated into this Agreement.
E. Deposit of Local Charges. All local charges collected by the Department shall be deposited in the Local Charges for Prepaid Mobile Telephony Services Fund in the State Treasury to be held in trust for the local taxing jurisdiction. Local charges shall consist of all taxes, charges, interest, penalties, and other amounts collected and paid to the Department, less payments for refunds and reimbursement to the Department for expenses incurred in the administration and collection of the local charges, including preparation and wind-down costs.
F. Allocation of Expenses. The Department shall allocate the total combined annual expenses incurred for administration and collection pursuant to the Prepaid Mobile Telephony Services Surcharge Collection Act and the Local Charge Act on a pro rata basis according to revenues collected for: (1) the emergency telephone users surcharge portion of the prepaid MTS surcharge, (2) the Public Utilities Commission surcharges portion of the prepaid MTS surcharge, and (3) local charges. The Department shall charge a local jurisdiction its pro rata share of the Department’s cost of collection and administration.
January 25, 2022 Regular Meeting of the Lindsay City Council
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G. Transmittal of money. All local charges collected by the Department shall be transmitted to the local jurisdiction once in each calendar quarter. Transmittals may be made by mail or by deposit to the account of the local jurisdiction in a bank designated by that jurisdiction. The Department shall furnish a statement quarterly indicating the amounts paid and withheld for expenses of the Department.
H. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and collection of local charges and the distribution of the local charges collected.
I. Security. The Department agrees that any security which it hereafter requires to be furnished under the FCPL section 55022 will be upon such terms that it also will be available for the payment of the claims of the local jurisdiction for local taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and the local jurisdiction shall not participate in any security now held by the Department.
J. Records of the Department.
1. Information obtained by the local jurisdiction from the examination of the Department's records shall be used by the local jurisdiction only for purposes related to the collection of the prepaid mobile telephony services surcharge and local charges by the Department pursuant to this Agreement.
2. When requested by resolution of the legislative body of a local jurisdiction, the Department shall permit any duly authorized officer or employee or other person designated by that resolution to examine any information for its own jurisdiction that is reasonably available to the Department regarding the proper collection and remittance of a local charge of the local jurisdiction by a seller, including a direct seller, subject to the confidentiality requirements of sections 7284.6, 7284.7 and 19542. (sections 42110(b), 42103(e).).
3. The resolution of the local jurisdiction shall certify that any person designated by the resolution, other than an officer and an employee, meets all of the following conditions:
a. Has an existing contract with the local jurisdiction that authorizes the person to examine the prepaid MTS surcharge and local charge records. b. Is required by that contract with the local jurisdiction to disclose information contained in or derived from, those records only to an officer or employee of the local jurisdiction authorized by the resolution to examine the information. c. Is prohibited by that contract from performing consulting services for a seller during the term of that contract.
d. Is prohibited by that contract from retaining information contained in, or derived from, those prepaid MTS surcharge and local charge records, after that contract has expired.
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4. Any third party contract between the local jurisdiction and an entity or person authorized by the local jurisdiction to request information from the Department shall be subject to the following limitations:
a. Any third party shall, to the same extent as the Department, be subject to Section 55381, relating to unlawful disclosures.
b. A third party contract shall not provide, in whole or in part, in any manner a contingent fee arrangement as payment for services rendered.
5. Information obtained by examination of Department records shall be used only for purposes related to the collection of the prepaid MTS surcharge and local charges by the department pursuant to the contract, or for purposes related to other governmental functions of the local jurisdiction set forth in the resolution.
6. If the Department believes that any information obtained from the Department’s records related to the collection of the prepaid MTS surcharge and local charges has been disclosed to any person not authorized or designated by the resolution of the local jurisdiction, or has been used for purposes not permitted by section 42110(b), the department may impose conditions on access to its local charge records that the department considers reasonable, in order to protect the confidentiality of those records. (section 42110 (c).)
7. The costs incurred by the Department in complying with a request for information shall be deducted by the Department from those revenues collected by the Department on behalf of the local jurisdiction making the request, as authorized by section 42110(b)(1).
ARTICLE III
LOCAL JURISDICTION ADMINISTRATION AND
RESPONSIBILITIES
A. The local jurisdictions shall be solely responsible for all of the following:
1. Defending any claim regarding the validity of the ordinance in its application to prepaid mobile telephony service. The claim shall be processed in accordance with the provisions of the local ordinance that allows the claim to be filed.
2. Interpreting any provision of the ordinance, except to the extent specifically superseded by section 42105 of the Local Charge Act. The claim shall be processed in accordance with the provisions of the local enactment that allows the claim to be filed.
3. Responding to specified consumer claims for refund involving: (1) rebutting the presumed location of the retail transaction; (2) a consumer claim of exemption from the local charge under the ordinance; or (3) any action or claim challenging the validity of a local tax ordinance, in whole or part. The claim shall be processed in accordance with the provisions of the local enactment that allows the claim to be filed.
4. Refunding the taxes in the event a local jurisdiction or local government is ordered to refund the tax under the local ordinance.
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5. Reallocating local charges as a result of correcting errors relating to the location of the point of sale of a seller or the known address of a consumer, for up to two past quarters from the date of knowledge.
6. Collecting local charges on prepaid mobile telephony service and access to communication services or access to local 911 emergency telephone systems imposed on direct sellers.
7. Enforcement, including audits, of the collection and remittance of local charges by direct sellers pursuant to the ordinance.
8. The local jurisdiction shall be the sole necessary party defendant on whose behalf the local charge is collected in any action seeking to enjoin collection of a local charge by a seller, in any action seeking declaratory relief concerning a local charge, in any action seeking a refund of a local charge, or in any action seeking to otherwise invalidate a local charge. There shall be no recovery from the State for the imposition of any unconstitutional or otherwise invalid local charge that is collected under the Local Act.
9. Entering into an agreement with the Department to perform the functions incident to the collection of the local charges imposed on sellers that are not direct sellers.
10. Submitting an executed Certification to the Department, certifying that:
(a) the local jurisdiction’s ordinance applies the local charge to prepaid mobile telephony services;
(b) the amount of the rate charged for access to local 911 emergency telephone systems or access to communications services complies with the requirements of section 42102.5; and/or applies the tiered rate for the utility user tax, as identified in section 42102.
(c) The local jurisdiction shall further certify that it agrees to indemnify and to hold harmless the Department, its officers, agents, and employees for any and all liability for damages that may result from the Department’s collection pursuant to this Agreement.
11. Submitting signed documents to the Department to include agreement(s), certification, copy of ordinance(s), and resolution(s).
12. Providing payment to the Department of the local jurisdiction’s pro rata share of the Department’s cost of collection and administration as established pursuant to subdivision
(e) of section 42020.
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ARTICLE IV
LOCAL CHARGES
A. Local Charges – Timeliness – This part shall remain in effect until proposed California Code of Regulations, title 18, section 2460 is adopted by the Department and approved by the Office of Administrative Law.
1. Ordinances in effect as of September 1, 2015.
On or after January 1, 2016, a local charge imposed by a local jurisdiction on prepaid mobile telephony services shall be collected from the prepaid consumer by a seller at the same time and in the same manner as the prepaid MTS surcharge is collected under Part 21 (commencing with section 42001) provided that, on or before September 1, 2015, the local jurisdiction enters into a contract with the Department pursuant to section 42101.5. Thereafter, all subsequently enacted local charges, increases to local charges, or other changes thereto, shall become operative pursuant to paragraphs (2), (3), and (4).
2. New charges. When a local jurisdiction adopts a new local charge after September 1, 2015, the local jurisdiction shall enter into a contract with the Department, pursuant to section 42101.5, on or before December 1st, with collection of the local charge to commence April 1st of the next calendar year.
3. Increases in local charges. When a local jurisdiction increases an existing local charge after September 1, 2015, the local jurisdiction shall provide the Department written notice of the increase, on or before December 1st, with collection of the local charge to commence April 1st of the next calendar year.
4. Inaccurate rate posted on the Department’s website. When a local jurisdiction notifies the Department in writing that the rate posted on the Department’s Internet Web site (posted rate) for a local charge imposed by that local jurisdiction is inaccurate, including scenarios where the local charge was reduced or eliminated, the recalculated rate applicable to the local jurisdiction shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the Department receives the local jurisdiction’s written notification that the posted rate is inaccurate.
A. Local Charges – Timeliness – This part shall take effect and supersede the above “Local Charges – Timeliness section when California Code of Regulations, title 18, section 2460 is adopted by the Department and approved by the Office of Administrative Law.
1. Ordinances in effect as of September 1, 2015. On or after January 1, 2016, a local charge imposed by a local jurisdiction on prepaid mobile telephony services shall be collected from the prepaid consumer by a seller at the same time and in the same manner as the prepaid MTS surcharge is collected under Part 21 (commencing with section 42001) provided that, on or before September 1, 2015, the local jurisdiction enters into a contract with the Department pursuant to section 42101.5.
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In the event a local jurisdiction does not enter into a contract with the Department by September 1, 2015, the local jurisdiction may enter into a contract with the Department, pursuant to section 42101.5, on or before December 1st, with collection of the local charge to commence April 1st of the next calendar year.
Thereafter, all subsequently enacted local charges, increases to local charges, or other changes thereto, shall become operative pursuant to paragraphs (2), (3), (4) and (5) of this subdivision.
2. New charges. When a local jurisdiction adopts a new local charge after September 1, 2015, the local jurisdiction shall enter into a contract with the Department, pursuant to section 42101.5, on or before December 1st, with collection of the local charge to commence April 1st of the next calendar year.
3. Increases in local charges. When a local jurisdiction increases an existing local charge after September 1, 2015, the local jurisdiction shall provide the Department written notice of the increase, on or before December 1st, with collection of the local charge to commence April 1st of the next calendar year.
4. Advance written notification. When a local charge is about to expire or decrease in rate, the local jurisdiction imposing the local charge shall notify the Department in writing of the upcoming change, not less than 110 days prior to the date the local charge is scheduled to expire or decrease. The change shall become operative on the first day of the calendar quarter commencing after the specified date of expiration or decrease in rate.
If advance written notice is provided less than 110 days prior to the specified date of expiration or decrease in rate, the change shall become operative on the first day of the calendar quarter commencing more than 60 days after the specified date of expiration or decrease.
5. Inaccurate Rate Posted on the Department’s Web site. When a local jurisdiction notifies the Department in writing that the rate posted on the Department’s Internet Web site (posted rate) for a local charge imposed by that local jurisdiction is inaccurate, including scenarios where the local charge was reduced or eliminated and the local jurisdiction failed to provide advance written notice pursuant to paragraph 4 of this subdivision, the recalculated rate applicable to the local jurisdiction shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the Department receives the local jurisdiction’s written notification that the posted rate is inaccurate. The local jurisdiction shall promptly notify the Department in writing of any such discrepancies with the posted rate that are known or discovered by the local jurisdiction.
ARTICLE V
COMPENSATION
The local jurisdiction agrees to pay the Department its pro rata share of the Department’s cost of collection and administration of the local charges, as established pursuant to section 42020, subdivision (e). Such amounts shall be deducted from the local charges collected by the Department for the local jurisdiction.
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ARTICLE VI
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first-class United States Mail. A notification is complete when deposited in the mail.
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0001
Attention: MTS Administrator,
Local Revenue Branch
Communications and notices to be sent to the local jurisdiction shall be addressed to:
B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on the first day of the calendar quarter next succeeding the date of such approval, but in no case before the operative date of the local jurisdiction’s ordinance, nor on a day other than the first day of a calendar quarter. This Agreement shall be renewed automatically from year to year until December 31, 2025, when the Local Charge Act is repealed, unless a statute enacted prior to that date extends that date. In such event, this Agreement will continue to renew automatically from year to year to the date authorized by statute.
LOCAL JURISDICTION
________________________________
(Jurisdiction Name)
By
(Signature)
(Typed Name)
(Title)
CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By________________________________
Administrator
L ocal Revenue Branch
January 25, 2022 Regular Meeting of the Lindsay City Council
CERTIFICATION
I, ________________ am authorized to sign this certification on behalf of _________________. (Insert name of local jurisdiction) I certify to the following:
Please check all the following that apply to your jurisdiction:
Executed in the _________________________________ on ___________________. (Insert name of local jurisdiction) (Add date) Printed name ___________________________________
1. ___ 911 Charges/Access to Communication Services - Ordinance No. ____ of the ________________ imposes the local charge set forth in the ordinance to prepaid mobile (Insert name of local jurisdiction)
telephony services for access to communication services or to local 911 emergency telephone systems. As required by section 42102.5, the percentage reflecting the rate for access to the local 911 emergency telephone systems or access to communications services is ________.
2. ___ Utility User Tax - Ordinance No. ____ of the ________________ imposes the local charge set forth in the ordinance to the consumption of prepaid mobile telephony services. The tiered rate for the utility user tax, as identified in section 42102 is ___________.
3. The _________________ agrees to indemnify and to hold harmless the California StateDepartment of Tax and Fee Administration (Department), its officers, agents, and employees for any and all liability for damages that may result from the Department’s collection pursuant to this agreement.
Title of person ___________________________________
Signature ___________________________________
(Insert name of local jurisdiction)
(Insert name of local jurisdiction)
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Edward Real, Assistant City Planner
DEPARTMENT: City Services and Planning
ITEM NO.: 10.2
MEETING DATE: January 25, 2022
ACTION & RECOMMENDATION
Third Reading of Ordinance 593, An Ordinance of the City of Lindsay Amending Title 5 of the Lindsay Municipal Code, Adding Chapter 5.37 Mobile Vending Establishing Permitting Procedures and Regulations.
BACKGROUND | ANALYSIS
At a regularly scheduled Council meeting on September 14, 2021, the Lindsay City Council directed staff to develop an ordinance governing mobile vending within City limits.
Per Council direction, Ordinance 593 amending Title 5 of the Lindsay Municipal Code has been prepared and has been attached to this report.
The new Chapter 5.37 is divided into five sections summarized as follows:
• Section 5.37.010 describes the purpose and intent of the ordinance. • Section 5.37.020 provides definitions for the ordinance. • Section 5.37.030 describes who has the authority to operate in the City. • Section 5.37.040 describes the procedures taken to approve or deny a mobile vending permit. • Section 5.37.050 states the regulations of sidewalk vendors, receptacles, and activities.
FISCAL IMPACT
The City will benefit from permit licensing fees to be established via resolution after a Public Hearing scheduled for February 8, 2022.
ATTACHMENTS
• Ordinance No. 593 Redline Copy
January 25, 2022 Regular Meeting of the Lindsay City Council
ORDINANCE NO. 5934
AN ORDINANCE AMENDING TITLE 5 OF THE LINDSAY MUNICIPAL CODE, ADDING CHAPTER 5.37 MOBILE VENDING ESTABLISHING PERMITTING PROCEDURES AND
REGULATIONS
THE CITY COUNCIL OF THE CITY OF LINDSAY DOES ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The provisions of this ordinance are intended to permit and regulate mobile vending businesses in the City of Lindsay.
Section 2. CODE ENACTMENT. Lindsay Municipal Code, Title 5 is hereby amended to add Chapter 5.37 Mobile Vending Regulations is hereby added as follows:
Chapter 5.37
Mobile Vending Regulations
Sections:
5.37.010 Purpose and intent
5.37.020 Definitions
5.37.030 Authority to operate in the City
5.37.040 Issuance or denial of permit
5.37.050 Operational requirements
5.37.010 Purpose and intent
The purpose of this chapter is to provide a clear and streamlined permitting process for mobile food vendors and to establish proper permit and regulatory procedures to ensure the health and safety of the community while at the same time promoting business in the city and providing additional food choices for city of Lindsay’s residents and visitors.
5.37.020 Definitions
"Mobile food vendor" under this chapter shall mean any person that sells, or causes or allows another, whether as an employee or as an independent contractor leasing or renting equipment, to sell any food or drinks by means of a motorized or nonmotorized vehicle, such as catering truck, motorized cart, food truck, or other itinerant method. It also includes a nonmotorized Formatted: Font: Palatino Linotype
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vehicle which is not self-propelled, or which cannot be moved by a person pushing or pulling such nonmotorized vehicle. Where one person employs another person to sell food or drinks or where one person leases or rents equipment or a vehicle to another person to allow them to sell food or drinks, both individuals shall be considered mobile food vendors. Mobile food vendor shall not mean (A) any person operating under a concession agreement or other agreement with the city as a party to an agreement, or (B) a "sidewalk vendor" as defined by City ordinance No. 575 regarding Sidewalk Vending Regulations.
5.37.030 Authority to operate in the City
Any person who wishes to operate as a mobile food vendor within the city shall apply for and shall obtain a mobile food vendor permit issued by the Director of City Services and Planning, or their designee, and pay the mobile food vendor permit fee established in the master fee resolution. The mobile vendor permit must be obtained prior to operating in the city.
Additionally, a mobile food vendor operating in the city must comply with all the provisions of this chapter, including obtaining any and/or all necessary business license(s) and County Health Department permits or certificates, and California Department of Tax and Administration Seller’s Permit.
No person shall hire or allow others to use his or her equipment or vehicles or products, for mobile food vending in the city, unless that other person, whether as an employee, licensee, or independent contractor, holds a valid mobile food vendor permit and complies with all provisions of this code.
5.37.040 Issuance or denial of permit
The Director of City Services and Planning, or their designee, shall cause an investigation to be made of the facts stated in an application for a mobile vendor permit, and shall within thirty days issue a permit to the applicant if the Director, or their designee, finds that the applicant meets all the requirements of this chapter. Applications shall be processed in order of receipt.
A decision to deny a permit shall be issued in writing with the basis for the denial, and if feasible, shall propose measures to cure any defects in the application. An applicant may appeal the decision to deny a permit to the city hearing officer. If no appeal is filed in a timely manner, the decision of the Director or their designee shall be final.
5.37.050 Operational requirements
Mobile food vendors shall comply with the following standards:
A. General Provisions.
1. Noise and amplified music shall comply with all applicable noise standards.
2. Exterior lighting must be hooded or shielded so as to not negatively impact vehicles and other uses in the vicinity of the mobile food truck.
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3. The mobile food vendor must comply with all city, state, and federal laws. While operating in the public right-of-way, mobile vendors shall follow all applicable traffic laws and parking regulations, including time limits, and no-parking zones.
4. The sale of alcohol and tobacco products is prohibited.
5. Vendors shall not use or permit use of parking spaces on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the Director of City Services and Planning, or their designee.
6. The mobile vendor shall at all times ensure that the operation of the mobile food truck does not unreasonably interfere with the flow of pedestrian traffic and restricts access for persons with disabilities.
7. The mobile food vendor shall provide waste removal and shall be responsible for the collection and separation of trash/debris, organic waste, and recycling after each stop. "Trash" includes material dispensed by the vendor as well as items that may be left by customers. Prior to leaving a location, the mobile food vendor shall ensure all trash within a 25-foot radius is picked up, regardless if the trash originated from the food truck.
8. Display of Permit and Information. No mobile food vendor shall operate in the city without conspicuously displaying on their person or vehicle the city-issued mobile food vendor permit and Tulare County Department of Environmental Health permit.
9. No vending shall occur between the hours of 12:00 a.m. and 7:00 a.m. and no overnight parking shall be permitted. On a case-by-case basis, the Director of City Services and Planning, or their designee, may require shorter hours of operation or allow longer hours of operation depending on the type of vending and location.
10. Restaurant and School Spacing for Mobile Food Vendors a. Vendors shall not operate within twentyfifty (2050) feet of an existing brick and mortar restaurant during the restaurant’s normal business hours, with the following exceptions:
i. The mobile food vendor is operating as part of a City approved special event.
ii. The mobile food vendor has prior written permission of a restaurant owner to operate on the property of that existing business. b. Mobile food vendors shall not operate within three hundred (300) feet of a school, except with written approval from the Lindsay Unified School Districtschool, between the hours of 7:30 a.m. and 3:30 p.m.
11. A mobile food vendor may not operate within exclusively residential districts except as follows:
a. On properties for nonresidential uses, such as schools and religious assembly facilities, with prior written authorization from the property owner.
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b. On properties where the mobile food vendor has been hired to cater at a private residence at no cost to the guests.
12. Mobile Vending on Public Property
12. City Parks
a. Lindsay City Park
i.• Mobile food vendors may only park and sell along the South side of Ono City Parkway for a maximum of 4 hours during the hours of 7:00 a.m. and 8:00 p.m., except when a City approved special event is taking place. b. Olive Bowl Park
i.• Mobile food vendors may park along South Olive Avenue and West Apia Street for a maximum of 4 hours during the hours of 7:00 a.m. and 8:00 p.m., except when a City approved special event is taking place.
13. City Hall
• Mobile food vendors may park along Honolulu directly in front of City Hall only with written permission from the Director of City Services and Planning, or their designee.
. Downtown
• Mobile Food Vendors may utilize public parking lots in the Central Business District (CBD) of the Central Commercial zone so long as the operation does not unreasonably interfere with the flow of pedestrian and vehicle traffic and restricts access for persons with disabilities, except when a City approved special event is taking place.
All other code sections in Title 5 of the Lindsay Municipal Code shall remain unchanged.
Section 43. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) [the activity will not result in direct or reasonably foreseeable indirect physical changes in the environment].
Section 54. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Lindsay, or any official, employee or agent thereof.
Section 65. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
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Section 76. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Lindsay hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 87. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Lindsay Municipal Code as amended by this ordinance are substantially the same as provisions in the Lindsay Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 98. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(l) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.
THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the 25th day of January 2022.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 25th day of January 2022.
CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Ramona Caudillo, Mayor
ATTEST:
____________________________________
a. Mayra Espinoza-Martinez, City Clerk
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January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manger
DEPARTMENT: City Manager
ITEM NO.: 11.1
MEETING DATE: January 25, 2022
ACTION & RECOMMENDATION
Consider Proposal Received in Response to the Friday Night Market Request for Proposal (RFP) and Provide Direction to Staff.
BACKGROUND | ANALYSIS
Following council direction, staff issued an RFP for the Friday Night Market on November 12, 2021 with responses due by January 7, 2022.
Evaluation criteria included the following:
1. Quality of Proposal (10 points)
2. Ability/capacity of operator (15 points)
3. Generate revenue for City (10 points)
The City received only one proposal in response to the RFP, submitted by Virginia Loya for the “VL Friday Night Market.”
The proposal was carefully reviewed and independently evaluated by the City Manager, Finance Director, and Executive Projects Manager/City Clerk.
Scored Results
Quality of
Proposal (10)
Ability/Capacity of
Operator (15)
Generate Revenue
for City (10) Total Points (35)
Evaluator 1 6 13 4 23
Evaluator 2 5 15 5 25
Evaluator 3 7 12 8 27
.
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
Additionally, upon review, staff raised concerns about the following:
• Page 5 “VL Friday Night Market would like to negotiate the use of the Tower Lights, electrical cords, and downtown outlets”
o City staff is concerned about the rental of City owned equipment given the degree of oversight required, access to the City Maintenance Yard, and the potential for disputes regarding damages.
• The VL Friday Night Market proposal does not mention plans for certification as a farmer’s market.
• The VL Friday Night Market proposal does not mention plans for pressure washing of sidewalks.
• Page 6 “Operational Budget Costs & Services: 4 portable potties.” o Concerns about sufficient portable potties given Market capacity and Building Code regulations
• Page 6 “Operational Budget Costs & Services: Security (6).” o Concerns about insufficient details regarding a security plan. • Map included as last page in VL Friday Night Market Proposal (No Page Number) o Current map shows the Friday Night Market area extending on Sweetbriar Ave all the way to Hermosa St.
o In the past, residents from surrounding townhomes have submitted complaints and requests to City Council that the Market stop at Samoa St. o Department of Public Safety agrees the Market should not extend as far north on Sweetbriar Ave.
FISCAL IMPACT
Under the VL Friday Night Market Proposal, the City would receive a flat rate of $2,500 per market.
If the Council solicits City Staff to operate the Friday Night Market, the City will assume all liability and costs associated with its operations, as well as salary costs for a full-time staff member to manage operations of the market. The estimated cost for the City to operate the market is $340,285.21 per year. The estimated revenue the City could expect for operations of the market is $29,314.79 per year.
ATTACHMENTS
• VL Friday Night Market proposal
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January 25, 2022 Regular Meeting of the Lindsay City Council
January 25, 2022 Regular Meeting of the Lindsay City Council
January 25, 2022 Regular Meeting of the Lindsay City Council
January 25, 2022 Regular Meeting of the Lindsay City Council
January 25, 2022 Regular Meeting of the Lindsay City Council
January 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Mayra Espinoza-Martinez, Executive Projects Manager/City Clerk DEPARTMENT: City Manager
ITEM NO.: 11.2
MEETING DATE: January 25, 2022
ACTION & RECOMMENDATION
Selection of Mayor Pro Tem for a One-Year Term Commencing on January 25, 2022.
BACKGROUND | ANALYSIS
Per the City Council Handbook approved on January 11, 2022, by Resolution 21-50:
2.1 Appointment of Mayor Pro Tem. The Council shall appoint from among their members a Mayor Pro Tem. Nominations shall be recorded by the City Clerk.
The City Clerk will confirm acceptance of each nomination and put each nominee’s name to a vote in the order of the nominations received. The Mayor Pro Tem shall serve a one-year term and fulfill the duties of the Mayor in their absence.
FISCAL IMPACT
None.
ATTACHMENTS
None.
January 25, 2022 Regular Meeting of the Lindsay City Council