LINDSAY CITY COUNCIL
SPECIAL MEETING AGENDA
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Special Meeting on April 19, 2022, at 6:30 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 Minutes from March 22, 2022, City Council Regular Meeting (pp. 4-8)
8.2 Minutes from April 04, 2022 City Council Special Meeting (pp. 9-10)
8.3 Consider Approval of Resolution 22-15, Proclaiming a Local Emergency, Ratifying the Proclamation of a State Emergency by Governor Newsom on March 4, 2020, and April 19, 2022 Special Meeting of the Lindsay City Council
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Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Lindsay Pursuant to Government Code Section 54953(e)(3) (pp. 11-15)
9. DISCUSSION ITEMS
9.1 City of Lindsay Water Study Session (pp. 16-17)
Presented by Neyba Amezcua, Director of City Services & Planning
10. ACTION ITEMS
10.1 Consider Minute Order Approval to Award Contract to Mariposa Tree Management Inc. for the City of Lindsay Palm Tree & Tree Trimming Services Contract (pp. 18-27) Presented by Neyba Amezcua, Director of City Services & Planning
10.2 Consider the Minute Order Appointment of Council Member Representative and Alternate Representative to the to the San Joaquin Valley (SJV) Air Pollution Control District Special City Selection Committee (p. 28)
Presented by Francesca Quintana, Executive Assistant/Deputy City Clerk
10.3 Consider Minute Order Approval of Formation of Friday Night Market Operations Ad-Hoc Oversight Committee and Appointment of Two Council Member Representatives (pp. 29- 38)
Presented by Francesca Quintana, Executive Assistant/Deputy City Clerk
10.4 Consider the Minute Order Approval of Memorandum of Understanding (MOU) by and between the City of Lindsay and Community Services Employment Training (CSET) to Apply for and Receive Funding for the Rehabilitation and Upgrading of the Property Located at 284 East Hermosa Street, Lindsay, CA 93247 (APN: 205-261-014) and Authorize City Manager to Execute Final Agreement (pp. 39-42)
Presented by Joseph M. Tanner, City Manager
11. EXECUTIVE (CLOSED) SESSION
11.1Conference with Real Property Negotiators Pursuant to Cal Gov. Code § 54956.8 Property: 0.517 Acres of Vacant Land 190 S. Elmwood, CA 93247 APN 205-236-020-000 Agency Negotiator: Joseph M. Tanner, City of Lindsay
Negotiating Parties: KW Commercial
Under Negotiation: Terms and Conditions of Potential Purchase
12. REQUEST FOR FUTURE ITEMS
13. ADJOURNMENT
April 19, 2022 Special Meeting of the Lindsay City Council
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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.
April 19, 2022 Special 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 March 22, 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 *Webinar Participation
Mayor Pro Tem Cerros *Webinar Participation
Mayor Caudillo *Webinar Participation
Council Member Flores
Council Member Sanchez
Absent N/A
3. PLEDGE
Led by Council Member FLORES.
4. APPROVAL OF AGENDA
Motion to Approve Agenda
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
Sanchez Flores (5-0)
Approved Aye Aye Aye Aye Aye
• Item 12.1 was removed from the 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 Presiding Officer. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Presiding Officer. The public may also choose to submit a comment before the April 19, 2022 Special Meeting of the Lindsay City Council
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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. • No public comment.
6. COUNCIL REPORT
• Council Member SERNA reported on the upcoming events happening at the Lindsay Wellness Center. Lindsay Wellness Center memberships continue to be on the rise, largely in part of special membership promos. The Lindsay Unified School District STARS camp is offering swim lessons to young learners within the community. The ‘Lawn Chairs and Lemonade Event’ will be taking place on April 15th, 2022, this will be a great event for the community to attend as well as the ‘Family Camp Out’ on May 21st, 2022.
• Mayor Pro Tem CERROS reported that he and the City Manager met with Senator Feinstein’s local District Director to discuss the current state of the City and the City’s plans for the future.
He congratulated the Orange Blossom Queen, Court, and the Honored Person on their accomplishments.
• Mayor CAUDILLO shared that the Loyalty Car Club will be hosting its Second Annual BBQ and Summer Car Show soon.
• Council Member SANCHEZ congratulated the Orange Blossom Queen, Court, and Honored Person.
• Council Member FLORES shared that she attended the League of Cities in person meeting last week and shared that they are looking for a Transit Representative for the Tulare County Association of Governments (TCAG) Board.
7. CITY MANAGER REPORT
• Staff had a meeting with Self Help Enterprises to discuss CDBG Mortgage and Utility Assistance Application. Staff is looking for ways to simplify the application for residents interested in applying. The City Park shade structures were delivered to the City on March 21, 2022 and installation will be taking place in the near future. Staff is working with the Tulare County Office of Education to host two (2) interns who would dedicate much of their time to CDBG outreach efforts. The ‘Boots on the Ground’ walking tour between City staff and Retail Strategies went well, their representatives stressed that the vacant retail spot in the Save Mart shopping center will be a prime location for them to begin advertising.
8. RECOGNITION
8.1 Proclamation for the 90th Annual Lindsay Orange Blossom Festival (p. 4)
8.2 Proclamation for the 90th Annual Lindsay Orange Blossom Festival Queen and her Court April 19, 2022 Special Meeting of the Lindsay City Council
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(p. 5)
9. PRESENTATION ITEMS
9.1 Department of Recreation Update
Presented by Lisa Davis, Director of Recreation Services
10. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
10.1 Minutes from March 08, 2022, City Council Regular Meeting (p. 6-9)
10.2 Warrant List for March 02, 2022, through March 13, 2022 (p. 10-14)
10.3 Consider Approval of Resolution 22-14, Proclaiming a Local Emergency, Ratifying the Proclamation of a State Emergency by Governor Newsom on March 4, 2020, and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Lindsay Pursuant to Government Code Section 54953(e)(3) (p. 15-19)
10.4 Consider Minute Order Approval of Water Connection for Assessor’s Parcel Number (APN) 199-310-015-000 (p. 20-22)
10.5 Consider Minute Order Approval of Water Connection for Assessor’s Parcel Number (APN) 199-310-011-000 (p. 23-25)
10.6 Consider Minute Order Approval of Temporary Use Permit (TUP) No. 22-06 for a Quinceañera at 525 South Mirage Avenue in the Mixed-Use District on April 23, 2022 (p. 26-27)
10.7 Consider Minute Order Approval to Award Contract to Mariposa Tree Management Inc. for the City of Lindsay Palm Tree & Tree Trimming Services Contract (p. 28-37)
10.8 Consider Minute Order Approval of Resolution 22-13, A Resolution Approving the City of Lindsay Spending Plan for the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Established by the American Rescue Plan Act Of 2021 (ARPA) (p. 38-45)
10.9 Consider Minute Order Approval of Job Descriptions for Fire Apparatus Engineer and Volunteer Firefighter Positions (p. 46-57)
Motion to Approve Consent Calendar
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
FLORES SANCHEZ (4-0)
Approved Aye Aye No vote Aye Aye
• Council requested to pull Item 10.8 for discussion and for the item to be continued to the next City Council Regular Meeting.
April 19, 2022 Special Meeting of the Lindsay City Council
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• Council requested to pull Item 10.4 for discussion. Seeing no motion, Item 10.4 is dead and removed from the consent calendar.
• Council requested to pull Item 10.5 for discussion. Seeing no motion, Item 10.5 is dead and removed from the consent calendar.
• Council requested to pull Item 10.7 for discussion and for the item to be continued to the next City Council Regular Meeting.
• City Clerk let it be known on the record that Mayor Caudillo had to leave the meeting at 7:19 PM.
11. ACTION ITEMS
11.1Consider Minute Order Approval to Award Contract to Moss Levy & Hartzheim for City of Lindsay Professional Audit Services and Authorizing City Manager to Execute Documents Thereto (p. 58-98)
Presented by Juana Espinoza, Director of Finance
Motion to Approve Item 11.1
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (4-0)
Approved Aye Aye No vote Aye Aye
11.2Consider the Minute Order Appointment of Council Member Transit Representative and Alternate Representative to the Tulare County Association of Governments (TCAG) Board (p. 99-102)
Presented by Francesca Quintana, Executive Assistant/Deputy City Clerk Motion to Nominate Mayor Pro Tem CERROS as the Transit Representative to the TCAG Board and Mayor CAUDILLO the Alternate Representative
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SANCHEZ SERNA (4-0)
Approved Aye Aye No vote Aye Aye
12. EXECUTIVE (CLOSED) SESSION
12.1Conference with Real Property Negotiators
Pursuant to Cal Gov. Code § 54956.8
Property: 0.517 Acres of Vacant Land 190 S. Elmwood, CA 93247 APN 205-236-020-000 Agency Negotiator: Joseph M. Tanner, City of Lindsay
Negotiating Parties: KW Commercial
Under Negotiation: Terms and Conditions of Potential Purchase
13. REQUEST FOR FUTURE ITEMS
April 19, 2022 Special Meeting of the Lindsay City Council
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• No 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.
April 19, 2022 Special Meeting of the Lindsay City Council
LINDSAY CITY COUNCIL
SPECIAL MEETING AGENDA
MINUTES
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Special Meeting on April 4, 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 CERROS*
Mayor CAUDILLO
Council Member FLORES
Council Member SANCHEZ
Absent N/A
*Remote participation.
3. PUBLIC COMMENT
• Greg Shelton identified himself as a resident of Porterville; spoke regarding parking issues with Lindsay Unified School District and alleged violations of the Lindsay Municipal Code. • Mercy Herrera shared concerns about the recent hire of Chief of Police, Rick Carrillo regarding alleged instances of nepotism or possible conflict of interests. Requested that the City Attorney review the situation.
• Brandy McCall shared concerns regarding her observations of a recent uptick in homeless and transient people in the City. Also shared concerns regarding road conditions. • Beatriz Correa shared concerns about the recent hire of Chief of Police and potential conflicts of interest.
• Robert Moore thanked Council for the opportunity to serve as Interim Chief of Police during his time at the City of Lindsay.
4. COUNCIL REPORT
• Councilmember FLORES attending Orange Blossom Festival Queen Coronation on Saturday, a lot of people in attendance including Chief of Police. Joy to see everyone. Glad to see City’s administration has a plan of action in response to concerns about conflict of interest. Community happy to have a Chief they can communicate with, also expressed appreciation for Interim Chief Moore’s services.
• Councilmember SERNA invited everyone to participate in Orange Blossom Festival.
April 19, 2022 Special Meeting of the Lindsay City Council
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• Mayor Pro Tem CERROS attended Regional Transit Agency meeting as an alternate representative.
Thanked everyone who commented. Thank you to all current and previous employees, especially Interim Chief Rob Moore. Confident that the hiring process was conducted ethically and in consultation with the City Attorney.
5. CITY MANAGER REPORT
• Attended OBF coronation event, the City of Lindsay has a lot to be proud of with those young ladies as representatives.
• Welcomed Chief Carrillo, happy to have him join the team, on top of his commendable experience has also shown great enthusiasm for taking on the role.
6. CLOSED SESSION
11.1Conference 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
11.2 Public Employee Performance Evaluation – City Manager Pursuant to Cal Gov. Code § 54957(b)(1)
• Nothing to report.
7. REQUEST FOR FUTURE ITEMS
8. 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.
April 19, 2022 Special 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.: 8.3
MEETING DATE: April 19, 2022
ACTION & RECOMMENDATION
Consider Approval of Resolution 22-15, Proclaiming a Local Emergency, Ratifying the Proclamation of a State Emergency by Governor Newsom on March 4, 2020, and Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Lindsay Pursuant to Government Code Section 54953(e)(3).
BACKGROUND | ANALYSIS
Prior to the COVID-19 pandemic, the Brown Act placed strict requirements on teleconferencing at public meetings. When California entered into a state of emergency due to the COVID-19 pandemic, Governor Newsom loosened the Brown Act restrictions for teleconferencing meetings. However, Governor Newsom’s executive order expired on September 30, 2021, which led to the passage of AB 361.
AB 361 similarly loosens the restrictions on teleconferencing under the Brown Act in times when there is a state of emergency. AB 361 states that when California is in a state of an emergency, the typical teleconferencing rules under the Brown Act do not apply.
If the City Council wishes to have a fully virtual meeting, or Councilmembers still wish to have the option to attend the meeting virtually, it will have to abide by the rules set forth in AB 361. AB 361 requires that the agenda for virtual or teleconferenced meetings must: (1) give notice of the means by which members of the public may access the meeting and offer public comment; and (2) identify and include an opportunity for all person to attend via a call-in option or an internet-based service option.
Additionally, if there is a disruption which prevents members of the public from offering public comments using the call-in option or internet-based service option, the City Council shall take no further action on items appearing on the meeting agenda until public is restored. The City Council cannot require that public comments be submitted in advance of the meeting and must provide an opportunity for the public to offer comment in real time.
Lastly, if the City Council wishes to allow teleconferencing, it must make findings via a resolution that there is either a state of emergency or there are local social distancing measures in place. These findings must be made no later than 30 days after the first teleconferenced meeting. Further, every 30 days after the City Council must find that it reconsidered the circumstances of the state of emergency and that one of April 19, 2022 Special Meeting of the Lindsay City Council
STAFF REPORT
the following circumstances exist: (1) the emergency continues to directly impact the ability of members to safely meet in person, or (2) state or local officials continue to impose or recommend measures to propose social distancing.
Because the City Council utilized teleconferencing at the special City Council meeting held on April 04, 2022, and plans to teleconference at the April 19, 2022 special City Council meeting, it must pass this resolution in order to comply with AB 361. The City Council must then decide if it wishes to continue teleconferencing, and whether it will pass another resolution in 30 days.
FISCAL IMPACT
No fiscal impact.
ATTACHMENTS
• Resolution 22-15
April 19, 2022 Special Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-15
NUMBER 22-15
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF CITY OF LINDSAY,
CALIFORNIA PROCLAIMING A LOCAL EMERGENCY, RATIFYING
THE PROCLAMATION OF A STATE OF EMERGENCY BY
GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING
REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF LINDSAY PURSUANT TO GOVERNMENT
CODE SECTION 54953(e)(3).
At a special meeting of the City of Lindsay City Council held on April 19, 2022 at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City of Lindsay is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Lindsay’s legislative bodies are open and public, as required by the Ralph M. Brown Act, so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, state and local officials have imposed and recommended social distancing measures in the City of Lindsay, and with the COVID-19 pandemic still surging meeting in person would present imminent risk to health and safety of attendees; and April 19, 2022 Special Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-15
WHEREAS, as a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City of Lindsay shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the City Council hereby proclaims that a local emergency now exists throughout the City, and local and state orders impose and recommend social distancing in the City of Lindsay, and with the COVID-19 pandemic still surging meeting in person would present imminent risk to health and safety of attendees.
SECTION 3.
SECTION 4.
SECTION 5.
The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
The staff and legislative bodies of the City of Lindsay are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the adoption of this Resolution; or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Lindsay may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
April 19, 2022 Special Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-15
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE April 19, 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
April 19, 2022 Special Meeting of the Lindsay City Council
Joseph M. Tanner
City Manager
City of Lindsay
251 E. Honolulu, P.O. Box 369
Lindsay, CA 93247
559.562.7102 x 8010
[email protected]
To: City of Lindsay City Council Members
From: Joe Tanner, City Manager
Re: Current Water Situation
Date: April 11, 2022
_____________________________________________________________________________________ In response to California’s continuing drought situation, on March 28, 2022, Governor Newsom issued an executive order calling on all local water suppliers to activate drought contingency plans. This year California had the driest January, February, and March ever recorded. Warm days melted snow faster than expected. As of April 1, 2022, the snowpack is down to 38% of average.
Sources of Water for City of Lindsay
The water supply for the City consists of two sources: surface water (via allocation through a declaration by the USBR) and groundwater (Wells 14 & 15). Well 11 is currently inactive due to contamination.
Surface Water (Provided by the United States Bureau of Reclamation Declaration) The current declaration for Lindsay for the 2022 water year is 15% delivery. The city has a contract for 2500-acre feet (AF) of water from the Friant Kern Canal (FKC) which puts the delivery of water for 2022 at 375 AF. The City also has 6 AF available for its use via carryover from the 2021 water year. However, based on the severe drought and water storage levels, there is a possibility that Lindsay’s USBR allocation could be reduced from the original 15% to anywhere between 1% to 7%. USBR is still in the process of calculating the available water and is expected to issue a final declaration in the next couple of weeks.
Based on historical water use, the City needs a minimum of 45% allocation of surface water to fulfill its water demands. Staff has submitted a request to the USBR for Health & Safety allocation and are awaiting a response.
Groundwater (City of Lindsay Wells 14 & 15)
Taking into consideration the current USBR allocation, the remaining balance of the water supply would have to come from the City’s two groundwater wells. However, Wells 14 & 15 do not have sufficient capacity to supply the necessary water balance needed for the City. Therefore, if the USBR allocation is maintained and/or dropped, and no Health & Safety allocation is declared for Lindsay, then a third source of water would need to be identified.
City of Lindsay Well 11
Only in the most extreme conditions, such as a major catastrophic event, could the City utilize Well 11 to pump water into the City’s system. Should it become necessary to utilize water from Well 11, the City is required to deliver a “Do Not Drink” notification to all Lindsay water account holders and comply with April 19, 2022 Special Meeting of the Lindsay City Council
Joseph M. Tanner
City Manager
City of Lindsay
251 E. Honolulu, P.O. Box 369
Lindsay, CA 93247
559.562.7102 x 8010
[email protected]
other monitoring requirements as mandated by the state water board. This is due to the level of Perchlorate and Nitrate that exceeds the state monitored contaminant standards.
If the City finds itself with no other choice but to utilize Well 11, it is likely that City of Lindsay residents will be without drinkable water for several months because once contaminates gets into the lines, it takes time to flush out those contaminates. Staff is already working on plans if this were to occur and has reached out to Tulare County Office of Emergency Services to determine available resources.
Next Steps / Proposed Response Plan for Lindsay
1. Staff will be presenting this information at the upcoming April 19, 2022 special meeting for discussion and direction.
2. The Director of Public Safety is reviewing the City’s emergency plans for different scenarios that could take place based on our current situation.
3. Update the Water Conservation Plan. Staff proposes to modify the current Phases identified in the adopted plan and modify the water schedule to reflect 1 day watering per week.
4. The two major outdoor water users are the City and the Lindsay Unified School District (LUSD):
a. Starting today, April 11, 2022, staff will turn off all City of Lindsay green spaces irrigation systems completely.
b. Petition LUSD to minimize its outdoor water use and follow the City’s lead in conserving water as much as possible.
5. Staff has contacted the State Water Board Drinking Division Staff and has requested a meeting in the next week or two to discuss placing Well 11 on standby in the case of no water availability from the Friant-Kern Canal.
a. Well 11 Problem; Perchlorate and Nitrate levels exceed State maximum contaminant levels (MCL). Currently not on active status and not being used as a source supply. If emergency conditions were to arise, the well is ready to be activated and used. Should the City find itself in the position of having to utilize water from Well 11, the City must issue and release to all water accounts, a “Do Not Drink” notification and follow additional conditions imposed by the state water board.
6. Staff will put together a Plan of Action to respond to community concerns and raise awareness about our water situation.
7. If the City’s request for an emergency water allocation is not granted it is very likely that Staff will put forward an Emergency Declaration for the Council’s consideration.
Thank you.
April 19, 2022 Special Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Neyba Amezcua, Director of City Services & Planning Edna Hubbard, Engineer Technician
DEPARTMENT:
ITEM NO.:
City Services and Planning
10.1 MEETING DATE: April 19, 2022
ACTION & RECOMMENDATION
Consider Minute Order Approval to Award Contract to Mariposa Tree Management Inc. for the City of Lindsay Palm Tree & Tree Trimming Services Contract.
BACKGROUND | ANALYSIS
The City of Lindsay sought out services for a Contractor to perform routine maintenance trimming on trees and palms managed by the city. Most of the trees and palms within the city that were placed on the proposal have not had significant maintenance trimming performed since the year 2017 due to city budgeting constraints.
Below you will find a list of locations where trimming services are needed:
• Contract 1: Hermosa Street
• Contract 2: Sierra View Estates Subdivision
• Contract 3: Sweet Briar Avenue
• Contract 4: Downtown Area
• Alternate 1: 911 North Parkside
• Alternate 2: Downtown Pistachio Trees
• Alternate 3: City – Hall Block: 251 East Honolulu Street The city requested that contractors specify their preference in establishing a multi-year contract for an additional three (3) years. This would allow the city to continuously nurture attractive residential neighborhoods and business districts which add to the charm and invitation of a small-town atmosphere.
Staff followed the city’s procurement policy and diligently advertised the project. There was a total of two (2) proposals received and acknowledged by the city.
Staff recommends Council consider the acceptance of the proposals received and award the contract to Mariposa Tree Management Inc. for a Base Bid Schedule and Alternate Bid Schedule total amount of $55,489.00 (For the year 2022).
April 19, 2022 Special Meeting of the Lindsay City Council
STAFF REPORT
Contract Extension Options:
2022 (Base Cost) 2023 2024 2025
Base Bid Schedule $ 25,839.00 0% 3% 3%
Alternate Bid Schedule $ 29,650.00 0%* 3% 3%
*Alternate Bid Schedule Items 2 and 3 have a 3% price increase
FISCAL IMPACT
Funding Sources Include:
• Fund 101-4120 City Services
• Fund 471 – Park Improvements
• Fund 883 – LLAD Sierra View
ATTACHMENTS
• Bid Results Abstract
• Bid Schedule
April 19, 2022 Special Meeting of the Lindsay City Council
% Increase 0% 3% 3% % Increase 4% 4% 4%
CONTRACT NO. DESCRIPTION QUANTITY UNIT UNIT PRICE 2022 PRICE 2023 PRICE 2024 PRICE 2025 PRICE UNIT PRICE 2022 PRICE 2023 PRICE 2024 PRICE 2025 PRICE 1 Hermosa Street: Washingtonian Palm Trees 79.0 LS $ 147.00 $ 11,613.00 $ 11,613.00 $ 11,961.39 $ 12,320.23 $ 190.00 $ 15,010.00 $ 15,610.40 $ 16,234.82 $ 16,884.21 2 Sierra View Estates Subdivision: Washingtonian Palm Trees 10.0 LS $ 300.00 $ 3,000.00 $ 3,000.00 $ 3,090.00 $ 3,182.70 $ 190.00 $ 1,900.00 $ 1,976.00 $ 2,055.04 $ 2,137.24 3A Sweet Briar Avenue: Date Palm Trees 7.0 LS $ 165.00 $ 1,155.00 $ 1,155.00 $ 1,189.65 $ 1,225.34 $ 350.00 $ 2,450.00 $ 2,548.00 $ 2,649.92 $ 2,755.92 3B Sweet Briar Avenue: Washingtonian Palm Trees 27.0 LS $ 165.00 $ 4,455.00 $ 4,455.00 $ 4,588.65 $ 4,726.31 $ 190.00 $ 5,130.00 $ 5,335.20 $ 5,548.61 $ 5,770.55 4 Downtown Area: Date Palm Trees 36.0 LS $ 156.00 $ 5,616.00 $ 5,616.00 $ 5,784.48 $ 5,958.01 $ 350.00 $ 12,600.00 $ 13,104.00 $ 13,628.16 $ 14,173.29 $ 25,839.00 $ 25,839.00 $ 26,614.17 $ 27,412.60 $ 37,090.00 $ 38,573.60 $ 40,116.54 $ 41,721.21 % Increase 0%* 3% 3% % Increase 4% 4% 4%
ALTERNATE NO. DESCRIPTION QUANTITY UNIT UNIT PRICE 2022 PRICE 2023 PRICE 2024 PRICE 2025 PRICE UNIT PRICE 2022 PRICE 2023 PRICE 2024 PRICE 2025 PRICE 1A 911 N Parkside: Washingtonian Palm Trees 5.0 LS $ 300.00 $ 1,500.00 $ 1,500.00 $ 1,545.00 $ 1,591.35 $ 190.00 $ 950.00 $ 988.00 $ 1,027.52 $ 1,068.62 1B 911 N Parkside: Phoenix Canariensis Palm Tree 1.0 LS $ 300.00 $ 300.00 $ 300.00 $ 309.00 $ 318.27 $ 350.00 $ 350.00 $ 364.00 $ 378.56 $ 393.70 2 Downtown Pistachio Trees: Chinese Pistachio Trees 159.0 LS $ 150.00 $ 23,850.00 $ 24,565.50 $ 25,302.47 $ 26,061.54 $ 250.00 $ 39,750.00 $ 41,340.00 $ 42,993.60 $ 44,713.34 3A City Hall Block: Prune & Thin Podocarpus Tree 4.0 LS $ 400.00 $ 1,600.00 $ 1,648.00 $ 1,697.44 $ 1,748.36 $ 550.00 $ 2,200.00 $ 2,288.00 $ 2,379.52 $ 2,474.70 3B City Hall Block: Remove Podocarpus Tree 1.0 LS $ 1,550.00 $ 1,550.00 $ 1,500.00 $ 1,500.00 3C City Hall Block: Trim 2 Palm Trees 1.0 LS $ 400.00 $ 400.00 $ 412.00 $ 424.36 $ 437.09 $ 550.00 $ 550.00 $ 572.00 $ 594.88 $ 618.68 3D City Hall Block: Prune & Thin Podocarpus Tree 2.0 LS $ 125.00 $ 250.00 $ 257.50 $ 265.23 $ 273.18 $ 190.00 $ 380.00 $ 395.20 $ 411.01 $ 427.45 3E City Hall Block: Trim 1 Robusta Palm Tree at 185 N Gale Hill 1.0 LS $ 200.00 $ 200.00 $ 206.00 $ 212.18 $ 218.55 $ 190.00 $ 190.00 $ 197.60 $ 205.50 $ 213.72 $ 29,650.00 $ 28,889.00 $ 29,755.67 $ 30,648.34 $ 45,870.00 $ 46,144.80 $ 47,990.59 $ 49,910.22 Total Base Bid + Alternate Bid Schedule Amount $ 55,489.00 $ 54,728.00 $ 56,369.84 $ 58,060.94 $ 82,960.00 $ 84,718.40 $ 88,107.14 $ 91,631.42 Mariposa Tree Management Inc. - License No. 1061455
Total Base Bid Schedule Amount
Total Alternate Bid Schedule Amount
West Coast Arborists, Inc. - License No. 366764
*Alternate Bid Items 2 and 3 for Mariposa Tree Management Inc have a 3% price increase
ALTERNATE BID SCHEDULE
Palm Tree & Tree Triming Services Contracts
Abstract
BASE BID SCHEDULE Mariposa Tree Management Inc. - License No. 1061455 West Coast Arborists, Inc. - License No. 366764 April 19, 2022 Special Meeting of the Lindsay City Council
• Prune At 45° Angle; 79 Washingtonian Palm Trees $_______ Per Tree x 79 Trees = $___________ • TOTAL BASE COST* ……………………………............................................................... = $___________ • 1
st Year Contract Extension (2023) …...... = ____________ % Increase of Total Base Cost* • 2
nd Year Contract Extension (2024) …..... = ____________ % Increase Of 1st Year Extension Cost * • 3
rd Year Contract Extension (2025) …..... = ____________ % Increase Of 2nd Year Extension Cost * • *Traffic Control & Disposal of Green Waste To Be Included In Price
BID SCHEDULE
CITY OF LINDSAY
Palm Tree & Tree Trimming Services Contracts
CONTRACT #1: HERMOSA STREET
April 19, 2022 Special Meeting of the Lindsay City Council
• Prune At 45° Angle; 10 Washingtonian Robusta Palm Trees $_______Per Tree x 10 Trees = $___________ • TOTAL BASE COST* …………………………….......................................... = $___________ • 1
st Year Contract Extension (2023)….. = ____________ % Increase of Total Base Cost* • 2
nd Year Contract Extension (2024)…. = ____________ % Increase Of 1st Year Extension Cost * • 3
rd Year Contract Extension (2025)….. = ____________ % Increase Of 2nd Year Extension Cost * • *Traffic Control & Disposal of Green Waste To Be Included In Price
BID SCHEDULE
CITY OF LINDSAY
Palm Tree & Tree Trimming Services Contracts
CONTRACT #2: SIERRA VIEW ESTATES SUBDIVISION
April 19, 2022 Special Meeting of the Lindsay City Council
• Prune At 45° Angle; 7 Date Palm Trees $_______Per Tree x 7 Trees = $___________ ❖ Remove All Dates.
• TOTAL BASE COST* ……………………………............................................................... = $___________ • 1
st Year Contract Extension (2023) …...... = ____________ % Increase of Total Base Cost* • 2
nd Year Contract Extension (2024) …..... = ____________ % Increase Of 1st Year Extension Cost * • 3
rd Year Contract Extension (2025) …..... = ____________ % Increase Of 2nd Year Extension Cost * • *Traffic Control & Disposal of Green Waste To Be Included In Price
BID SCHEDULE
CITY OF LINDSAY
Palm Tree & Tree Trimming Services Contracts
CONTRACT #3: SWEET BRIER AVENUE
• Prune At 45° Angle; 27 Washingtonian Robusta Palm Trees $_______ Per Tree x 27 Trees = $___________ • TOTAL BASE COST* ……………………………............................................................... = $___________ • 1
st Year Contract Extension (2023) …...... = ____________ % Increase of Total Base Cost* • 2
nd Year Contract Extension (2024) …..... = ____________ % Increase Of 1st Year Extension Cost * • 3
rd Year Contract Extension (2025) …..... = ____________ % Increase Of 2nd Year Extension Cost * • *Traffic Control & Disposal of Green Waste To Be Included In Price April 19, 2022 Special Meeting of the Lindsay City Council
• Prune At 45° Angle; 36 Date Palm Trees $_______Per Tree x 36 Trees = $___________ ❖ Remove All Dates.
• TOTAL BASE COST* ……………………………................................................... = $___________ • 1
st Year Contract Extension (2023) .... = ____________ % Increase of Total Base Cost* • 2
nd Year Contract Extension (2024).... = ____________ % Increase Of 1st Year Extension Cost * • 3
rd Year Contract Extension (2025) ... = ____________ % Increase Of 2nd Year Extension Cost * • *Traffic Control & Disposal of Green Waste To Be Included In Price
HONOLULU ST
MIRAGE AVE
ELMWOOD AVE
SWEET BRIER AVE
SAMOA ST
BID SCHEDULE
CITY OF LINDSAY
Palm Tree & Tree Trimming Services Contracts
CONTRACT #4: DOWNTOWN AREA
April 19, 2022 Special Meeting of the Lindsay City Council
• 1. Prune At 45° Angle; 5 Washingtonian Robusta Palm Trees…$_______Per Tree x 5 Trees = $__________ • 2. Prune At 45° Angle; 1 Phoenix Canariensis Palm Tree……...$_______Per Tree x 1 Tree = $__________ • TOTAL BASE COST* ……………………………................................................ = $___________ • 1
st Year Contract Extension (2023)...= ____________ % Increase of Total Base Cost* • 2
nd Year Contract Extension (2024). = ____________ % Increase Of 1st Year Extension Cost * • 3
rd Year Contract Extension (2025)..= ____________ % Increase Of 2nd Year Extension Cost * • *Traffic Control & Disposal of Green Waste To Be Included In Price
BID SCHEDULE
CITY OF LINDSAY
Palm Tree & Tree Trimming Services Contracts
ALTERNATE #1: 911 N PARKSIDE
April 19, 2022 Special Meeting of the Lindsay City Council
• Prune & Thin 159 Chinese Pistachio Trees... $_______ Per Tree x 159 Trees = $___________ ❖ Trim Tree 13 Feet From Road & 10 Feet From Sidewalk. Thin Out & Away From Buildings • TOTAL BASE COST* ……………………………............................................................... = $___________ • 1
st Year Contract Extension (2023) …...... = ____________ % Increase of Total Base Cost* • 2
nd Year Contract Extension (2024) …..... = ____________ % Increase Of 1st Year Extension Cost * • 3
rd Year Contract Extension (2025) …..... = ____________ % Increase Of 2nd Year Extension Cost * • *Traffic Control & Disposal of Green Waste To Be Included In Price
ELMWOOD AVE
MIRAGE AVE
SWEET BRIER AVE
SAMOA ST
HERMOSA ST
HONOLULU ST
APIA ST
BID SCHEDULE
CITY OF LINDSAY
Palm Tree & Tree Trimming Services Contracts
ALTERNATE #2: DOWNTOWN PISTACHIO TREES
April 19, 2022 Special Meeting of the Lindsay City Council
1 1
1 1
3 5
4 1. Prune & Thin 4 Podocarpus Trees………..….......................... $_______ Per Tree x 4 Trees = $___________
2. Remove 1 Podocarpus Tree ………..…................................... $_______ Per Tree x 1 Tree = $___________
3. Trim Prune & Thin 1 Sycamore Tree……………..……………$_______ Per Tree x 1 Tree = $___________
4. Trim 2 Palm Trees. ……………………………………………$_______ Per Tree x 2 Trees = $___________
5. Trim 1 Robusta Palm Tree at 185 N Gale Hill………………... $_______ Per Tree x 1 Tree = $___________ • TOTAL BASE COST* ……………………………............................................................... = $___________ • 1
st Year Contract Extension (2023) …...... = ____________ % Increase of Total Base Cost* • 2
nd Year Contract Extension (2024) …..... = ____________ % Increase Of 1st Year Extension Cost * • 3
rd Year Contract Extension (2025) …..... = ____________ % Increase Of 2nd Year Extension Cost * • *Traffic Control & Disposal of Green Waste To Be Included In Price
BID SCHEDULE
CITY OF LINDSAY
Palm Tree & Tree Trimming Services Contracts
ALTERNATE #3: CITY HALL BLOCK - 251 E HONOLULU ST
2 April 19, 2022 Special 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.: 10.2
MEETING DATE: April 19, 2022
ACTION & RECOMMENDATION
Consider the Minute Order Appointment of Council Member Representative and Alternate Representative to the San Joaquin Valley (SJV) Air Pollution Control District Special City Selection Committee.
BACKGROUND | ANALYSIS
On September 30, 2008, Governor Schwarzenegger signed SB 1548 which creates Section 40600.5 of the Health and Safety Code establishing a valley-wide Special City Selection Committee which is charged with making appointments of city representatives to the San Joaquin Valley Air Pollution Control District’s (District’s) Governing Board. The Special City Selection Committee consists of one member selected by a majority vote of the Council of each city located within the District. An alternate can be selected to attend if the primary member is unable to attend a meeting.
The committee currently meets via teleconference on an as-needed basis to make appointments to the District’s Governing Board. The next meeting is scheduled on Tuesday, May 31, 2022, at 6:00 PM.
Staff is recommending that the City Council select a Council Member Representative and Alternate Representative to the San Joaquin Valley (SJV) Air Pollution Control District Special City Selection Committee.
FISCAL IMPACT
None.
ATTACHMENTS
None.
April 19, 2022 Special 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.: 10.3
MEETING DATE: April 19, 2022
ACTION & RECOMMENDATION
Consider Minute Order Approval of Formation of Friday Night Market Operations Ad-Hoc Oversight Committee and Appointment of Two Council Member Representatives.
BACKGROUND | ANALYSIS
On February 28, 2022, the City of Lindsay executed an agreement with VL Friday Night Market for services regarding the Friday Night Market. Section X of the executed agreement reads “City shall establish an Oversight Committee consisting of two City Council members and the Market Operator. The Oversight Committee shall have final say in resolving disputes as submitted by vendors through a Complaint Form”. The purpose of the ad-hoc oversight committee would be to settle disputes which the market operator was unable to resolve with a vendor(s).
Staff recommends that the City Council approve the formation of a Friday Night Market Operations AdHoc Oversight Committee to meet on an as-needed basis and appoint two (2) Council Members to the committee.
FISCAL IMPACT
No fiscal impact.
ATTACHMENTS
• Executed VL Friday Night Market Contract
April 19, 2022 Special Meeting of the Lindsay City Council
April 19, 2022 Special Meeting of the Lindsay City Council
April 19, 2022 Special Meeting of the Lindsay City Council
April 19, 2022 Special Meeting of the Lindsay City Council
April 19, 2022 Special Meeting of the Lindsay City Council
April 19, 2022 Special Meeting of the Lindsay City Council
April 19, 2022 Special Meeting of the Lindsay City Council
April 19, 2022 Special Meeting of the Lindsay City Council
April 19, 2022 Special Meeting of the Lindsay City Council
April 19, 2022 Special Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 10.4
MEETING DATE: April 19, 2022
ACTION & RECOMMENDATION
Consider the Minute Order Approval of Memorandum of Understanding (MOU) by and between the City of Lindsay and Community Services Employment Training (CSET) to Apply for and Receive Funding for the Rehabilitation and Upgrading of the Property Located at 284 East Hermosa Street, Lindsay, CA 93247 (APN: 205-261-014) and Authorize City Manager to Execute Final Agreement.
BACKGROUND | ANALYSIS
On October 26, 2021, City Council approved the purchase and sale agreement for the property located at 284 East Hermosa Street, Lindsay, CA 93247 (APN: 205-261-014), and authorized close of escrow. 284 E. Hermosa Street sits on 5,625 square foot lot with a 2,406 square foot, one story-building which includes a large basement. The site was last used as a religious facility and thereafter transferred to Bank of Sierra through a foreclosure process. The current zoning for the property is Community Commercial (CC).
In accordance with the Purchase and Sale Agreement, the property shall be employed in uses consistent with the Community Reinvestment Act (CRA) to promote community development for a period of no less than three years after the date of the Agreement.
The City may satisfy the requirement under 12 CFR §345.12 by partnering with a Nonprofit or Agency that could provide any of the following services:
• Community Services
• Affordable Housing Services
• Economic Development Services
• Revitalize/Stabilize Community Improvement Services
Given the requirements under 12 CFR §345.12, staff recommends that Council approve the draft MOU with CSET, provided that a final MOU will be approved by both the City and CSET as the Non-Profit Agency. Establishment of an MOU with CSET provides the City with the opportunity to utilize the property to service the Lindsay community.
April 19, 2022 Special Meeting of the Lindsay City Council
STAFF REPORT
FISCAL IMPACT
The City will incur any costs associated with the exterior maintenance of the property.
Any costs incurred for the revitalization of 284 E. Hermosa Street could potentially be covered by funds acquired by CSET or through the City’s American Rescue Plan Act (ARPA) allotment. This project is eligible because it will address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector.
ATTACHMENTS
• Draft Memorandum of Understanding by and between the City of Lindsay and CSET April 19, 2022 Special Meeting of the Lindsay City Council
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is made and entered into on this ___ day of _________________, 2022 by and between the City of Lindsay (“City”) and the Community Services Employment Training (“CSET”).
RECITALS
WHEREAS, the City acquired a property within the City located at 284 East Hermosa Street (“the property”), Lindsay, CA, 93247.
WHEREAS, the City and CSET desire to work cooperatively and toward common goals of rehabilitating and upgrading the Property for use by both the City and CSET.
WHEREAS, the City and CSET desire to seek funding opportunities to assist in the rehabilitation and upgrading of the Property for office uses by either or both agencies (City and CSET).
WHEREAS, the City will retain ownership of the Property and CSET will be a tenant, in which CSET will provide services to the Lindsay Community and its residents, along with other potential related partners.
WHEREAS, the use of property will be, for a period of no less than three years after the date of this MOU, consistent with the Community Reinvestment Act to promote community development, in accordance with definitions under 12 CFR §345.12, and the City partnering with a Nonprofit or Agency (such as CSET) that could provide any of the following services:
a. Community Services;
b. Affordable Housing Services;
c. Economic Development Services; and/or
d. Revitalize/Stabilize Community Improvement Services.
NOW THEREFORE, the parties agree as follows:
I. Roles and Responsibilities.
a. The City will maintain the building and exterior premises in an orderly manner. b. CSET will maintain the interior of the building for any portion that they will occupy, including common use areas.
II. Notice.
Except as otherwise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if April 19, 2022 Special Meeting of the Lindsay City Council
receipt is acknowledged by the addressee, one business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three business days after being mailed by first class mail, charges and postage prepaid, property addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed and addressed as follows:
CITY:
Joseph M. Tanner, City Manager
City of Lindsay
251 E. Honolulu St.
Lindsay, CA 93247
CSET:
Mary Alice Escarsega-Fechner, Executive Director
Community Services Employment Training (CSET)
312 NW 3rd Avenue
Visalia, CA 93291-3626
IN WITNESS WHEREOF, the parties have executed this Agreement effective on the day and in the year first set forth above.
CITY: COUNTY:
Dated: Dated:
By: By:
Joseph M. Tanner,
City Manager
Mary Alice Escarsega-Fechner,
Executive Director
ATTEST:
City Clerk
April 19, 2022 Special Meeting of the Lindsay City Council