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 October 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. 8034 or via email at [email protected].
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE
Led by Council Member SERNA.
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. RECOGNITION ITEMS
8.1 Proclamation in Honor of Senator Melissa Hurtado (p. 4)
8.2 Proclamation in Honor of Fire Prevention Week (p. 5)
9. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
9.1 Minutes from September 27, 2022, Regular Meeting (pp. 6 – 11)
9.2 Warrant List for September 19, 2022, through October 02, 2022 (pp. 12 – 18) October 11, 2022 Regular Meeting of the Lindsay City Council
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9.3 Treasurer’s Report for September 2022 (pp. 19)
9.4 Consider the Approval of Resolution 22-57, A Resolution of the City Council of the City of Lindsay Amending Authorized Signers for Bank Accounts Under EIN#94-6000357, CalPERS Retirement Plan, Deferred Compensation Plan, Local Agency Investment Fund, and Multi-Bank Securities Inc. Account (pp. 20 – 24)
9.5 Consider the Minute Order Renewal of Property Lease Agreement between the City of Lindsay and Community Services Employment Training (CSET) and Authorize City Manager to Execute Any Documents Thereto (pp. 25 – 53)
9.6 Consider Minute Order Approval of Resolution 22-59, A Resolution of the City Council of the City of Lindsay Rescinding Resolution 22-55, and Authorizing the City Manager to Execute a Grant Agreement with the Transit and Intercity Rail Program of the California State Transportation Agency (CalSTA) and Execute Any Documents and Amendments Thereto (pp. 54 – 57)
10. ACTION ITEMS
10.1 Consider the Appointment of a New Tulare County Association of Governments (TCAG) Alternate Representative (pp. 58 – 68)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
11. EXECUTIVE (CLOSED) SESSION
11.1 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
11.2 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: Megan Dodd, Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P Negotiating Parties: Jose Cabrera, Property Owner
Under Negotiation: Terms and Conditions of Potential Sale
12. REQUEST FOR FUTURE ITEMS
13. 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 City Clerk October 11, 2022 Regular Meeting of the Lindsay City Council
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at (559) 562-7102 x 8034. 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.
October 11, 2022 Regular Meeting of the Lindsay City Council
Proclamation
WHEREAS, Senator Melissa Hurtado represents the 14th Senate district in California, which includes cities in Fresno, Kern, Kings, and Tulare County, including the City of Lindsay; and
WHEREAS, Senator Hurtado is known for being a thoughtful policymaker who works across party lines to improve the quality of life for residents and to ensure rural voices are heard at all levels of government; and WHEREAS, Senator Hurtado’s commitment to the City of Lindsay is evident in the recently approved SB 179/AB 179 in which Senator Hurtado secured $2 million dollars in grant funding for the City of Lindsay Fire Department; and WHEREAS, this additional grant funding will allow Lindsay’s Fire Department to secure updated fire equipment and training; and
WHEREAS, Senator Hurtado will be presenting the City of Lindsay with a check in the amount of $2 million dollars on October 20th, 2022.
NOW, THEREFORE, BE IT RESOLVED, that I, Ramona Caudillo, Mayor of the City of Lindsay, along with members of the Lindsay City Council, do hereby formally recognize Senator Melissa Hurtado for her commitment to the Lindsay community.
IN WITNESS WHEREOF, I hereby set my hand and caused the Seal of the City of Lindsay to be affixed this 11th Day of October of 2022.
LINDSAY CITY COUNCIL
_____________________________
Ramona Caudillo, Mayor
October 11, 2022 Regular Meeting of the Lindsay City Council
Proclamation
WHEREAS, the City of Lindsay is committed to ensuring the safety and security of all those living in and vising the City;
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, when fires occur within the City of Lindsay, everyone is reminded of the importance of having a stable water supply available to fight fires; and WHEREAS, smoke alarms sense smoke well before you can, alerting you to danger in the event of fire in which you may have as little as two minutes to escape safely; and WHEREAS, City of Lindsay residents should be sure everyone in their home understands the sounds of the smoke alarms and knows how to respond; and
WHEREAS, City of Lindsay residents will make sure their smoke and carbon monoxide (CO) alarms meet the needs of all their family members, including those with sensory or physical disabilities; and WHERAS, City of Lindsay first responders are dedicated to reducing the occurrence of home fires and home fire injuries through fire prevention education; and WHEREAS; City of Lindsay residents that are responsive to public education measures are better able to take personal steps to increase their safety from fire, especially in their homes.
NOW, THEREFORE, BE IT RESOLVED, that I, Ramona Caudillo, Mayor of the City of Lindsay, do hereby proclaim the week of October 9th through 15th of 2022 as Fire Prevention Week in the City of Lindsay and urge all residents of Lindsay to plan and practice a home fire escape for Fire Prevention Week, as well as support the many public safety activities and efforts of the Lindsay Fire Department.
IN WITNESS WHEREOF, I hereby set my hand and caused the Seal of the City of Lindsay to be affixed this 11th Day of October of 2022.
LINDSAY CITY COUNCIL
_____________________________
Ramona Caudillo, Mayor
October 11, 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 September 27, 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. 8034 or via email at [email protected].
1. CALL TO ORDER
2. ROLL CALL
Present Mayor Pro Tem Cerros
Mayor Caudillo
Council Member Flores
Council Member Sanchez
Council Member Serna
3. PLEDGE
Led by Council Member SANCHEZ.
4. APPROVAL OF AGENDA
• Closed session Items 12.1 and 12.2 removed from agenda.
Motion to Approve Agenda with Items 12.1 and 12.2 Removed 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SERNA (5-0) AYE AYE AYE AYE AYE
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.
October 11, 2022 Regular Meeting of the Lindsay City Council
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• Public comment from Beverly Cox from Visalia via teleconference. She attended a Youth Football game at Lindsay High School and encountered many ADA issues while in attendance. She wanted to bring this issue forward to the Lindsay City Council so that they are aware of ADA issues at the location. She stated that she hopes something can be done to address the ADA issues. • Public Comment from Brian Thoburn from Southern California Edison in-person. He thanked the City and its residents for flexing their power during the heat wave. He stated that SoCal Edison has a great working relationship with the City Manager and the City Services department. He looks forward to continuing working with the City on current projects. He plans to continue providing updates to the Council. He informed that SoCal Edison will hold its first multicultural celebration on October 7th, 2022, in Tulare, and invited everyone to attend.
6. COUNCIL REPORT
• Council Member SERNA stated that he had no report at this time, but he welcomed everyone to the meeting and stated that he was happy to see everyone. • Mayor Pro Tem CERROS stated that he attended the Lindsay Fruits and Veggies Festival which had raffles, nutrition information, and numerous booths from a variety of groups such as Food Link, Family Health Care Network and Q97.
• Council Member Sanchez stated that she also attended the Lindsay Fruits and Veggies Festival and had a great time.
• Mayor CAUDILLO stated that she attended the first service provider meeting at Healthy Start Family Resource Center. She stated the Lindsay Unified School District has received funding for facility updates and is currently making updates to John J. Cairns High School. The school district is also currently hosting mobile dental clinics. She shared that there is an upcoming Health Fair that will take place next year at City Park, she plans to attend and share this info at the next Lindsay Rotary meeting. She stated that she provided all Council Members with a copy to the training classes that TCAG will be hosting.
• Council Member Flores had no report.
7. CITY MANAGER REPORT
• CITY MANAGER informed the Council that it has been a busy set of few weeks at City Hall. City staff was shocked to find out that LYSL cancelled their Fall 2022 soccer season, it is disappointing and unfortunate for the children of the community. CITY Manager re-iterated that all leagues who showed interest in using the Sports Complex, were treated fairly, equally, and provided with the same information. The City does its best to work with youth sports organizations, but does expect some flexibility and compromise in regards to field usage. The City works to keep the sports complex fields in good working conditions. The City welcomes LYSL or any other group to hold a soccer season in the future.
• CITY MANAGER stated that the City issued 21 citations for misuse of water. • CITY MANAGER reported that there was a small fire today, which was contained to 1 apartment unit.
• CITY MANAGER reported that he had a meeting with the TCAG director Ted Smalley where they discussed the Transit Center, Hermosa Street Corridor, and Measure R funding. • CITY MANAGER reported that the City was awarded a $400,000 grant for public safety and public works vehicles. The City matches $300,000 of these costs, which were accounted for as a part of the budget process.
• CITY MANAGER reported that the City’s Auditors were in town last week and he hopes to have the audit findings presented to Council in January 2023.
October 11, 2022 Regular Meeting of the Lindsay City Council
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• CITY MANAGER informed that Palm Terrace 2 is currently under construction and accepting applications.
8. RECOGNITION ITEMS
8.1 Proclamation in Honor of Indigenous People’s Day (p. 4)
9. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
9.1 Minutes from September 13, 2022, Regular Meeting (pp. 5 – 9)
9.2 Warrant List for September 07, 2022, through September 18, 2022 (pp. 10 – 21)
9.3 Consider Approval of Resolution 22-52, A Resolution of the City Council of the City of Lindsay Proclaiming a Local Emergency, Ratifying the Proclamation of a State Emergency by Governor Newsom on March 4, 2020, and Authorizing a Hybrid Meeting Format of the Legislative Bodies of the City of Lindsay to Allow Attendance In Person or Teleconference Pursuant to Government Code Section 54953(e)(3) (pp. 22 – 26)
9.4 Consider Approval of Resolution 22-53, A Resolution of the City Council of the City of Lindsay Approving and Accepting the 2022-2023 California Department of Forestry and Fire Protections (CAL-FIRE) Cooperative Fire Protection Grant Agreement (7GF22052) in the Amount of $9,202.50, as Part of the Volunteer Fire Capacity Project (pp. 27 – 42)
9.5 City Hall Security System Upgrade (pp. 43 – 50)
9.6 Consider Minute Order Approval of Job Description for a Public Safety Chaplain (pp. 51 – 56)
• Item 9.2 was pulled for discussion by Mayor Pro Tem CERROS. He asked what the $7,200 expense to AGD was. Director of City Services informed that this was an expense for the Transit Center Design Architects. He also asked if the Warrant List was incomplete. City Manager informed him that the Treasurer’s Report is separate and presented monthly. A Treasurer’s Report will be included in the next agenda.
Motion to Approve Consent Calendar
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO CERROS (5-0) AYE AYE AYE NAY AYE
DISCUSSION ITEMS
10.1 Public Safety Officers Body Worn Cameras
Presented by Chief Rick Carrillo, Director of Public Safety
10.2 Quarterly Financial Update & Fiscal Year 2021-2022 Unaudited Year End Figures October 11, 2022 Regular Meeting of the Lindsay City Council
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Presented by Juana Espinoza, Director of Finance
10. ACTION ITEMS
11.1 Consider Denial of Application for Special Event Permit (SEP) No. 22-02 for a Rodeo at an Undeveloped Industrial Lot Located at Assessor’s Parcel Number (APN) 205-301-001 on October 02, 2022 (pp. 57 – 63)
Item Requested by Hipolito Cerros, Mayor Pro Tem
Staff Item Presented by Joseph M. Tanner, City Manager
• Public comment from Robert Ochoa who is the applicant’s partner and event promoter. He stated that there was a delay in meeting the City’s conditions of approval as he was made aware of said conditions later in the date. He requested Council not consider denying their application. • Mayor Pro Tem CERROS made a motion to approve the Application for Special Event Permit 22- 02 as is. Not receiving a second to the motion, the motion died.
Motion to Approve Item 11.1 Denial of Application for Special Event Permit No. 22-02 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SERNA (4-1) AYE AYE AYE NAY AYE
11.2 Consider Sponsorship Request for the Rural Chamber Summit from the Lindsay Chamber of Commerce (pp. 64 – 71)
Presented by Roxanne Serna, Lindsay Chamber of Commerce President Motion to Approve Item 11.2 in the Amount of $595.00
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO FLORES (4-0) ABSTAIN AYE AYE AYE AYE
11.3 Consider Approval of a City Hall Public Art Piece and Expenditures Thereto (pp. 72 – 77) Presented by Joseph M. Tanner, City Manager
Motion to Approve Item 11.3
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SERNA (5-0) AYE AYE AYE AYE AYE
11.4 Consider Approval of Resolution 22-54, A Resolution of the City Council of the City of Lindsay Approving the Cooperative Agreement by and between the County of Tulare and October 11, 2022 Regular Meeting of the Lindsay City Council
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the City of Lindsay for the Lindmore Street Rehabilitation Project and Granting City Manager Authorization to Execute Any Documents Thereto (pp. 78 – 92) Presented by Neyba Amezcua, Director of City Services & Planning Motion to Approve Item 11.4
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SERNA CAUDILLO (5-0) AYE AYE AYE AYE AYE
11.5 Consider Approval of Resolution 22-55, A Resolution of the City Council of the City of Lindsay Authorizing the City Manager to Execute a Grant Agreement with the Transit and Intercity Rail Program of the California State Transportation Agency (CalSTA) and Execute any Documents and Amendments Thereto (pp. 93 – 96)
Presented by Neyba Amezcua, Director of City Services & Planning Motion to Approve Item 11.5
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO CERROS (5-0) AYE AYE AYE AYE AYE
11. 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 Real Property Negotiators Pursuant to Cal Gov. Code § 54956.8 Property: 100 E Honolulu St, Lindsay, CA 93247 APN 205-236-014 Agency Negotiator: Megan Dodd, City of Lindsay
Negotiating Parties: Jose Cabrera, Property Owner
Under Negotiation: Terms and Conditions of Potential Sale
12. REQUEST FOR FUTURE ITEMS
• Update on Elevate Cannabis
• Update on Frisbee Golf at City Park
• Identification of Downtown Vacant Properties
13. ADJOURNMENT
October 11, 2022 Regular 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 City Clerk at (559) 562-7102 x 8034. 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.
October 11, 2022 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY | WARRANT LIST 10/2/2022
TRANSACTION DATES: 09/19/2022 THROUGH 10/02/2022
Check# Fund Date Vendor # Vendor Name Description Amount 21856 ($77.65)
101 ‐ GENERAL FUND 08/22/22 2220 MARI CARRILLO HR RECRUITMENT COST (77.65) 22081 $1,000.00
400 ‐ WELLNESS CENTER 09/19/22 5930 CHRIS ALLARD AUG. PM VISITS 800.00 400 ‐ WELLNESS CENTER 09/19/22 5930 CHRIS ALLARD MOVE ELLIPTICAL&BIK 200.00 22082 $77.65
101 ‐ GENERAL FUND 09/23/22 2220 MARI CARRILLO HR RECRUITMENT COST 77.65 22083 $46,416.27
101 ‐ GENERAL FUND 09/23/22 6937 CARMAX NEW VEHICLE FOR P.S 46,416.27 22084 $332.92
400 ‐ WELLNESS CENTER 09/23/22 6500 CHARTER COMMUNICATI SEPT. W.C. INTERNET 332.92 22085 $15,178.00
101 ‐ GENERAL FUND 09/23/22 4076 LIEBERT CASSIDY WHI MATTER:LI012‐00005 1,190.00 101 ‐ GENERAL FUND 09/23/22 4076 LIEBERT CASSIDY WHI MATTER:LI012‐00006 32.50 101 ‐ GENERAL FUND 09/23/22 4076 LIEBERT CASSIDY WHI MATTER:LI012‐00001 2,889.50 101 ‐ GENERAL FUND 09/23/22 4076 LIEBERT CASSIDY WHI MATTER:LI012‐00005 8,797.50 101 ‐ GENERAL FUND 09/23/22 4076 LIEBERT CASSIDY WHI MATTER:LI012‐00001 2,268.50 22086 $50.00
101 ‐ GENERAL FUND 09/23/22 2306 NICK NAVE TU. CO. CHIEF ASSOC 50.00 22087 $1,075.42
101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION OFFICE SUPPLIES 268.19 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION BINDERS 93.27 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION ENVELOPES FOR EVIDE 30.44 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION TONER FOR CLETS 154.40 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION SUPPLIES FOR EVIDEN 94.76 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION SHEET PROTECTORS 36.96 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION NAME BADGES 4.63 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION EXPO COLOR SET 13.58 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION SECURITY ENVELOPES 14.67 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION EXPO COLOR SET 24.24 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION OPERATING SUPPLIES 114.27 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION HOLE PUNCHER 39.10 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION ENVELOPES 15.92 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION SNACKS 72.83 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION OPERATING SUPPLIES 91.97 101 ‐ GENERAL FUND 09/23/22 285 QUILL CORPORATION NAME TAGS 6.19 22088 $150.00
101 ‐ GENERAL FUND 09/23/22 6943 RICHARD CARRILLO TU. CO. CHIEF ASSOC 150.00 22089 $93.27
101 ‐ GENERAL FUND 09/23/22 5511 ROSAENA SANCHEZ LEAGUE ‐ TRAVEL MEAL EXPE 93.27 22090 $1,096.79
101 ‐ GENERAL FUND 09/23/22 1041 VERIZON WIRELESS 642065758‐00001 122.64 101 ‐ GENERAL FUND 09/23/22 1041 VERIZON WIRELESS 642065758‐00004 974.15 22091 $368.82
101 ‐ GENERAL FUND 09/23/22 4068 YOLANDA FLORES LEAGUE ‐ TRAVEL MEAL EXPE 368.82 22092 $288.86
101 ‐ GENERAL FUND 09/23/22 4660 CITY OF LINDSAY DED:052 WELLNESS 21.69 101 ‐ GENERAL FUND 09/23/22 4660 CITY OF LINDSAY DED:CDBG CDBG PMT 267.17 22093 $474.00
101 ‐ GENERAL FUND 09/23/22 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 474.00 22094 $84.72
101 ‐ GENERAL FUND 09/23/22 3192 SEIU LOCAL 521 DED:DUES UNION DUES 84.72 22095 $8,516.27
101 ‐ GENERAL FUND 09/23/22 6452 GREAT‐WEST TRUST DED:ROTH ROTH 398.32 101 ‐ GENERAL FUND 09/23/22 6452 GREAT‐WEST TRUST DED:0500 DEF COMP 3,396.56 101 ‐ GENERAL FUND 09/23/22 6452 GREAT‐WEST TRUST DED:151 DEFERCOMP 3,323.39 101 ‐ GENERAL FUND 09/23/22 6452 GREAT‐WEST TRUST DED:0555 DC LOANPAY 1,398.00 October 11, 2022 Regular Meeting of the Lindsay City Council
22096 $41.58
101 ‐ GENERAL FUND 09/23/22 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 41.58 22097 $94.59
101 ‐ GENERAL FUND 09/23/22 6246 MCDERMONT VENTURE I DED:051 MCDERMONT 94.59 22098 $322.55
101 ‐ GENERAL FUND 09/23/22 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 322.55 22099 $288.86
101 ‐ GENERAL FUND 09/23/22 4660 CITY OF LINDSAY DED:052 WELLNESS 21.69 101 ‐ GENERAL FUND 09/23/22 4660 CITY OF LINDSAY DED:CDBG CDBG PMT 267.17 22100 $474.00
101 ‐ GENERAL FUND 09/23/22 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 474.00 22101 $84.72
101 ‐ GENERAL FUND 09/23/22 3192 SEIU LOCAL 521 DED:DUES UNION DUES 84.72 22102 $8,392.18
101 ‐ GENERAL FUND 09/23/22 6452 GREAT‐WEST TRUST DED:ROTH ROTH 398.32 101 ‐ GENERAL FUND 09/23/22 6452 GREAT‐WEST TRUST DED:0500 DEF COMP 3,333.42 101 ‐ GENERAL FUND 09/23/22 6452 GREAT‐WEST TRUST DED:151 DEFERCOMP 3,260.25 101 ‐ GENERAL FUND 09/23/22 6452 GREAT‐WEST TRUST DED:0555 DC LOANPAY 1,400.19 22103 $41.58
101 ‐ GENERAL FUND 09/23/22 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 41.58 22104 $94.59
101 ‐ GENERAL FUND 09/23/22 6246 MCDERMONT VENTURE I DED:051 MCDERMONT 94.59 22105 $322.55
101 ‐ GENERAL FUND 09/23/22 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 322.55 22106 $8,870.00
552 ‐ WATER 09/30/22 5344 99 PIPE LINE INC. W. LEWIS WATER MAIN 8,870.00 22107 $1,399.00
101 ‐ GENERAL FUND 09/30/22 6504 ADVENTIST HEALTH TO AUGUST TOXICOLOGY 1,399.00 22108 $494.46
101 ‐ GENERAL FUND 09/30/22 007 AG IRRIGATION SALES PVC PLAIN TOE BOOTS 35.12 101 ‐ GENERAL FUND 09/30/22 007 AG IRRIGATION SALES STAKES,FEEDER TUBES 10.51 101 ‐ GENERAL FUND 09/30/22 007 AG IRRIGATION SALES ROTO SPRINKLERS 85.38 101 ‐ GENERAL FUND 09/30/22 007 AG IRRIGATION SALES ROTOR SPK,RISER EXT 93.57 101 ‐ GENERAL FUND 09/30/22 007 AG IRRIGATION SALES 4'ROTOR SPRINKLERS 34.08 101 ‐ GENERAL FUND 09/30/22 007 AG IRRIGATION SALES 4'ROTOR SPK,POLY CU 16.46 101 ‐ GENERAL FUND 09/30/22 007 AG IRRIGATION SALES FEEDER TUBES,ADAPTE 128.41 552 ‐ WATER 09/30/22 007 AG IRRIGATION SALES HAND PUMP W/6 HOSE 41.53 552 ‐ WATER 09/30/22 007 AG IRRIGATION SALES PVC CEMENT,PRIMER 12.87 553 ‐ SEWER 09/30/22 007 AG IRRIGATION SALES OPERATING SUPPLIES 36.53 22109 $210.00
400 ‐ WELLNESS CENTER 09/30/22 6940 ALEXIS LEON 2019 LIFEGUARD CERT 210.00 22110 $708.96
101 ‐ GENERAL FUND 09/30/22 1858 ALL PRO FIRE AND SA CORP YARD 50.00 101 ‐ GENERAL FUND 09/30/22 1858 ALL PRO FIRE AND SA SPORTS COMPLEX CAFE 288.58 101 ‐ GENERAL FUND 09/30/22 1858 ALL PRO FIRE AND SA PIBLIC WORKS 32.00 101 ‐ GENERAL FUND 09/30/22 1858 ALL PRO FIRE AND SA FINANCE DEPARTMENT 32.00 101 ‐ GENERAL FUND 09/30/22 1858 ALL PRO FIRE AND SA CITY MANAGER 32.00 101 ‐ GENERAL FUND 09/30/22 1858 ALL PRO FIRE AND SA SENIOR CENTER 75.00 552 ‐ WATER 09/30/22 1858 ALL PRO FIRE AND SA CANAL 89.38 552 ‐ WATER 09/30/22 1858 ALL PRO FIRE AND SA WATER TREATMENT 50.00 553 ‐ SEWER 09/30/22 1858 ALL PRO FIRE AND SA WASTE WATER TREATME 60.00 22111 $7,882.47
101 ‐ GENERAL FUND 09/30/22 6907 ALL VALLEY UNIFORMS ANDREA D. UNIFORM 1,350.10 101 ‐ GENERAL FUND 09/30/22 6907 ALL VALLEY UNIFORMS MICHAEL C. UNIFORM 114.60 101 ‐ GENERAL FUND 09/30/22 6907 ALL VALLEY UNIFORMS RICHARD C. UNIFORM 1,901.90 101 ‐ GENERAL FUND 09/30/22 6907 ALL VALLEY UNIFORMS P.S. POLOS 190.05 101 ‐ GENERAL FUND 09/30/22 6907 ALL VALLEY UNIFORMS KYLE P. UNIFORM 1,151.37 101 ‐ GENERAL FUND 09/30/22 6907 ALL VALLEY UNIFORMS JEREMIAH A. UNIFORM 1,151.37 101 ‐ GENERAL FUND 09/30/22 6907 ALL VALLEY UNIFORMS JULIO A. UNIFORM 505.77 101 ‐ GENERAL FUND 09/30/22 6907 ALL VALLEY UNIFORMS BERTA V. UNIFORM 505.77 101 ‐ GENERAL FUND 09/30/22 6907 ALL VALLEY UNIFORMS ARYANA G. UNIFORM 505.77 101 ‐ GENERAL FUND 09/30/22 6907 ALL VALLEY UNIFORMS ROGELIO M. UNIFORM 505.77 October 11, 2022 Regular Meeting of the Lindsay City Council
22112 $22.16
101 ‐ GENERAL FUND 09/30/22 6362 AMERICAN BUSINESS M TONERS 15.00 101 ‐ GENERAL FUND 09/30/22 6362 AMERICAN BUSINESS M C.M. #13987 7.16 22113 $36.82
101 ‐ GENERAL FUND 09/30/22 5812 ANITA SALINAS UUT REFUND FY 21/22 36.82 22114 $418.83
101 ‐ GENERAL FUND 09/30/22 5381 AWAKE SKATE SHOP POLOS AND JACKET 209.41 101 ‐ GENERAL FUND 09/30/22 5381 AWAKE SKATE SHOP POLOS AND JACKET 209.42 22115 $480.00
101 ‐ GENERAL FUND 09/30/22 4135 BILL WALL'S DIRECT SERVER UPDATES,BACK 120.00 101 ‐ GENERAL FUND 09/30/22 4135 BILL WALL'S DIRECT SERVER UPDATES,BACK 120.00 101 ‐ GENERAL FUND 09/30/22 4135 BILL WALL'S DIRECT SERVER UPDATES,BACK 120.00 101 ‐ GENERAL FUND 09/30/22 4135 BILL WALL'S DIRECT SERVER UPDATES,BACK 120.00 22116 $3,750.00
101 ‐ GENERAL FUND 09/30/22 6689 BUILDING MAINTENANC SEPT. CLEANING SVCS 321.43 101 ‐ GENERAL FUND 09/30/22 6689 BUILDING MAINTENANC SEPT. CLEANING SVCS 321.43 101 ‐ GENERAL FUND 09/30/22 6689 BUILDING MAINTENANC SEPT. CLEANING SVCS 321.43 101 ‐ GENERAL FUND 09/30/22 6689 BUILDING MAINTENANC SEPT. CLEANING SVCS 321.43 400 ‐ WELLNESS CENTER 09/30/22 6689 BUILDING MAINTENANC W.C. AUG CLEANING S 1,500.00 552 ‐ WATER 09/30/22 6689 BUILDING MAINTENANC SEPT. CLEANING SVCS 321.43 553 ‐ SEWER 09/30/22 6689 BUILDING MAINTENANC SEPT. CLEANING SVCS 321.43 554 ‐ REFUSE 09/30/22 6689 BUILDING MAINTENANC SEPT. CLEANING SVCS 321.42 22117 $1,222.98
101 ‐ GENERAL FUND 09/30/22 6351 CANON FINANCIAL SER H.R. 9/1/22‐9/30/22 203.83 101 ‐ GENERAL FUND 09/30/22 6351 CANON FINANCIAL SER C.S. 9/1/22‐9/30/22 203.83 101 ‐ GENERAL FUND 09/30/22 6351 CANON FINANCIAL SER C.M. 9/1/22‐9/30/22 203.83 101 ‐ GENERAL FUND 09/30/22 6351 CANON FINANCIAL SER F.D. 9/1/22‐9/30/22 203.83 101 ‐ GENERAL FUND 09/30/22 6351 CANON FINANCIAL SER P.S. 9/1/22‐9/30/22 203.83 400 ‐ WELLNESS CENTER 09/30/22 6351 CANON FINANCIAL SER W.C. 9/1/22‐9/30/22 203.83 22118 $111,186.00
101 ‐ GENERAL FUND 09/30/22 075 CSJVRMA RMA 2023‐00108 5,646.87 101 ‐ GENERAL FUND 09/30/22 075 CSJVRMA RMA 2023‐00108 5,646.87 101 ‐ GENERAL FUND 09/30/22 075 CSJVRMA RMA 2023‐00108 5,646.87 101 ‐ GENERAL FUND 09/30/22 075 CSJVRMA RMA 2023‐00108 66,011.00 261 ‐ GAS TAX FUND 09/30/22 075 CSJVRMA RMA 2023‐00108 5,646.87 400 ‐ WELLNESS CENTER 09/30/22 075 CSJVRMA RMA 2023‐00108 5,646.88 552 ‐ WATER 09/30/22 075 CSJVRMA RMA 2023‐00108 5,646.88 553 ‐ SEWER 09/30/22 075 CSJVRMA RMA 2023‐00108 5,646.88 554 ‐ REFUSE 09/30/22 075 CSJVRMA RMA 2023‐00108 5,646.88 22119 $319.62
101 ‐ GENERAL FUND 09/30/22 076 CENTRAL VALLEY BUSI WINDOW & DOOR DECAL 197.88 261 ‐ GAS TAX FUND 09/30/22 076 CENTRAL VALLEY BUSI SURVEILLANCE SIGNS 121.74 22121 $1,468.76
101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION JR'S BOOT ALLOWANCE 238.31 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 8/31/22 UNIFORMS 31.09 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 8/31/22 UNIFORMS 31.09 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 8/31/22 UNIFORMS 31.08 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 9/8/22 UNIFORMS 37.46 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 9/8/22 UNIFORMS 37.47 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 9/8/22 UNIFORMS 37.47 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 9/14/22 UNIFORMS 36.43 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 9/14/22 UNIFORMS 36.44 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 9/14/22 UNIFORMS 36.44 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 9/21/22 UNIFORMS 28.41 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 9/21/22 UNIFORMS 28.41 101 ‐ GENERAL FUND 09/30/22 5832 CINTAS CORPORATION 9/21/22 UNIFORMS 28.41 305 ‐ COVID‐19 EMERGENCY FUND 09/30/22 5832 CINTAS CORPORATION 8/10/22 DISNFCT/CLN 120.26 305 ‐ COVID‐19 EMERGENCY FUND 09/30/22 5832 CINTAS CORPORATION 8/24/22 DISNFCT/CLN 56.08 305 ‐ COVID‐19 EMERGENCY FUND 09/30/22 5832 CINTAS CORPORATION 9/8/22 DISNFCT/CLNR 120.26 552 ‐ WATER 09/30/22 5832 CINTAS CORPORATION 9/21/22 UNIFORMS 28.41 552 ‐ WATER 09/30/22 5832 CINTAS CORPORATION 9/14/22 UNIFORMS 36.44 552 ‐ WATER 09/30/22 5832 CINTAS CORPORATION 8/31/22 UNIFORMS 31.08 October 11, 2022 Regular Meeting of the Lindsay City Council
552 ‐ WATER 09/30/22 5832 CINTAS CORPORATION 9/8/22 UNIFORMS 37.47 553 ‐ SEWER 09/30/22 5832 CINTAS CORPORATION 8/31/22 UNIFORMS 31.09 553 ‐ SEWER 09/30/22 5832 CINTAS CORPORATION 9/14/22 UNIFORMS 36.44 553 ‐ SEWER 09/30/22 5832 CINTAS CORPORATION 9/21/22 UNIFORMS 28.42 553 ‐ SEWER 09/30/22 5832 CINTAS CORPORATION 9/8/22 UNIFORMS 37.47 554 ‐ REFUSE 09/30/22 5832 CINTAS CORPORATION 9/8/22 UNIFORMS 37.47 554 ‐ REFUSE 09/30/22 5832 CINTAS CORPORATION 9/21/22 UNIFORMS 28.42 554 ‐ REFUSE 09/30/22 5832 CINTAS CORPORATION 9/14/22 UNIFORMS 36.44 554 ‐ REFUSE 09/30/22 5832 CINTAS CORPORATION 8/31/22 UNIFORMS 31.09 556 ‐ VITA‐PAKT 09/30/22 5832 CINTAS CORPORATION 8/31/22 UNIFORMS 31.08 556 ‐ VITA‐PAKT 09/30/22 5832 CINTAS CORPORATION 9/14/22 UNIFORMS 36.44 556 ‐ VITA‐PAKT 09/30/22 5832 CINTAS CORPORATION 9/21/22 UNIFORMS 28.42 556 ‐ VITA‐PAKT 09/30/22 5832 CINTAS CORPORATION 9/8/22 UNIFORMS 37.47 22122 $811.68
883 ‐ SIERRA VIEW ASSESSMENT 09/30/22 6090 CLEAN CUT LANDSCAPE SIERRA VIEW ESTATES 300.63 888 ‐ PARKSIDE 09/30/22 6090 CLEAN CUT LANDSCAPE PARKSIDE ESTATES 300.62 889 ‐ SIERRA VISTA ASSESSMENT 09/30/22 6090 CLEAN CUT LANDSCAPE SIERRA VIEW ESTATES 105.22 891 ‐ PELOUS RANCH 09/30/22 6090 CLEAN CUT LANDSCAPE PELOUS RANCH 105.21 22123 $800.00
101 ‐ GENERAL FUND 09/30/22 6944 CLEMENTE LEMUS WATER EFFICIENCY PR 800.00 22124 $20.57
101 ‐ GENERAL FUND 09/30/22 6549 COLANTUONO, HIGHSMI AUG. UUT UNDER COLL 20.57 22125 $29.00
101 ‐ GENERAL FUND 09/30/22 102 CULLIGAN 185 N. GALE HILL 29.00 22126 $850.00
552 ‐ WATER 09/30/22 6118 CVIN LLC D.B.A. VAS 9/1/2022‐9/30/2022 283.34 553 ‐ SEWER 09/30/22 6118 CVIN LLC D.B.A. VAS 9/1/2022‐9/30/2022 283.33 554 ‐ REFUSE 09/30/22 6118 CVIN LLC D.B.A. VAS 9/1/2022‐9/30/2022 283.33 22127 $51.97
101 ‐ GENERAL FUND 09/30/22 4683 DENNIS R. MEDDERS UUT REFUND FY 21/22 51.97 22128 $1,599.00
101 ‐ GENERAL FUND 09/30/22 316 DEPT OF JUSTICE JUNE 2022 FINGERPRI 64.00 101 ‐ GENERAL FUND 09/30/22 316 DEPT OF JUSTICE AUGUST FINGERPRINTS 64.00 101 ‐ GENERAL FUND 09/30/22 316 DEPT OF JUSTICE JUNE 2022 FINGERPRI 454.00 101 ‐ GENERAL FUND 09/30/22 316 DEPT OF JUSTICE AUGUST LIVE SCANS 667.00 101 ‐ GENERAL FUND 09/30/22 316 DEPT OF JUSTICE CREDIT FROM INV5889 (35.00) 101 ‐ GENERAL FUND 09/30/22 316 DEPT OF JUSTICE JULY BLOOD ALCOHOL 210.00 101 ‐ GENERAL FUND 09/30/22 316 DEPT OF JUSTICE AUGUST BLOOD ALCOHO 175.00 22129 $300.00
781 ‐ CAL HOME RLF 09/30/22 2540 DEPT.OF HOUSING & C 9/15 CALHOME TO HCD 300.00 22130 $1,355.53
700 ‐ CDBG REVOLVING LN FUND 09/30/22 2540 DEPT.OF HOUSING & C 9/15/22 CDBG TO HCD 1,355.53 22131 $3,956.34
720 ‐ HOME REVOLVING LN FUND 09/30/22 2540 DEPT.OF HOUSING & C 9/15/22 HOME TO HCD 3,956.34 22132 $39.72
101 ‐ GENERAL FUND 09/30/22 4387 ESTELLA FLORES UUT REFUND FY 21/22 39.72 22133 $2,434.70
552 ‐ WATER 09/30/22 137 FRIANT WATER AUTHOR SLDMWA COSTS 2,434.70 22134 $231.82
400 ‐ WELLNESS CENTER 09/30/22 151 GRAINGER INC W.C. KEY CABINET 37.82 400 ‐ WELLNESS CENTER 09/30/22 151 GRAINGER INC W.C. DOOR CLOSER,ST 194.00 22135 $17.49
101 ‐ GENERAL FUND 09/30/22 5730 GREGORIO RENTERIA UUT REFUND FY 21/22 17.49 22136 $472.50
101 ‐ GENERAL FUND 09/30/22 6581 HERR PENDERSEN & BE APPEAL 1994 472.50 22137 $52.82
101 ‐ GENERAL FUND 09/30/22 2369 IMOGENE HALL UUT REFUND FY 21/22 52.82 22138 $70.00
101 ‐ GENERAL FUND 09/30/22 6484 JESUS CARLOS ESPARZ REFUND PARK CANCELL 70.00 22139 $348.00
101 ‐ GENERAL FUND 09/30/22 6659 JOHN HARRISON CONTR REFUND CANCELLED PERMIT 348.00 October 11, 2022 Regular Meeting of the Lindsay City Council
22140 $41.16
101 ‐ GENERAL FUND 09/30/22 4947 JOSEPH MONGE UUT REFUND FY 21/22 41.16 22141 $49.23
101 ‐ GENERAL FUND 09/30/22 5945 LARRY OLIN SHAW UUT REFUND FY 21/22 49.23 22142 $281.88
400 ‐ WELLNESS CENTER 09/30/22 5788 LINCOLN AQUATICS ALKALINITY,SODIUM B 281.88 22143 $595.00
101 ‐ GENERAL FUND 09/30/22 078 LINDSAY CHAMBER OF RURAL CHAMBER SUMMI 595.00 22144 $60.00
101 ‐ GENERAL FUND 09/30/22 6945 LINDSAY MUSEUM AND A NIGHT AT THE MUSE 30.00 101 ‐ GENERAL FUND 09/30/22 6945 LINDSAY MUSEUM AND A NIGHT AT THE MUSE 30.00 22145 $1,728.46
101 ‐ GENERAL FUND 09/30/22 1422 LINDSAY TRUE VALUE AUG. CITY SERVICES 75.99 101 ‐ GENERAL FUND 09/30/22 1422 LINDSAY TRUE VALUE AUG.PARKS 218.99 101 ‐ GENERAL FUND 09/30/22 1422 LINDSAY TRUE VALUE AUG. GRAFFITI 24.45 101 ‐ GENERAL FUND 09/30/22 1422 LINDSAY TRUE VALUE AUG. LANDSCAPING 262.39 101 ‐ GENERAL FUND 09/30/22 1422 LINDSAY TRUE VALUE AUG. PUBLIC SAFETY 128.36 101 ‐ GENERAL FUND 09/30/22 1422 LINDSAY TRUE VALUE AUG. BUILDING 199.75 400 ‐ WELLNESS CENTER 09/30/22 1422 LINDSAY TRUE VALUE AUG. WELLNESS CENTE 247.44 552 ‐ WATER 09/30/22 1422 LINDSAY TRUE VALUE AUG. WATER 349.30 553 ‐ SEWER 09/30/22 1422 LINDSAY TRUE VALUE AUG. WWTP 221.79 22146 $90.00
101 ‐ GENERAL FUND 09/30/22 5424 LINDSAY VETERINARY 9/14 SPAY,CASTRATIO 65.00 101 ‐ GENERAL FUND 09/30/22 5424 LINDSAY VETERINARY 9/15/22 CASTRATION 25.00 22147 $20.57
101 ‐ GENERAL FUND 09/30/22 4685 MARY FLORES UUT REFUND FY 21/22 20.57 22148 $284.46
400 ‐ WELLNESS CENTER 09/30/22 2735 MEZQUITE NURSERY, I W.C. YUCCA,LIRIOPE 284.46 22149 $3,060.00
600 ‐ CAPITAL IMPROVEMENT 09/30/22 6639 MOORE IACOFANO GOLT AUG OLIVE BOWL AAS# 3,060.00 22150 $1,450.00
101 ‐ GENERAL FUND 09/30/22 6437 MORINDA MEDICAL GRO AUGUST 2022 CLAIMS 960.00 101 ‐ GENERAL FUND 09/30/22 6437 MORINDA MEDICAL GRO JULY 2022 CLAIMS 490.00 22151 $18.20
101 ‐ GENERAL FUND 09/30/22 6349 OLGA RENTERIA UUT REFUND FY 21/22 18.20 22152 $939.76
552 ‐ WATER 09/30/22 6673 PACE SUPPLY CORP CONCRETE LID & BOX 939.76 22153 $1,658.41
552 ‐ WATER 09/30/22 6498 PACWEST DIRECT 9/9/22 UB LASER PRI 829.20 553 ‐ SEWER 09/30/22 6498 PACWEST DIRECT 9/9/22 UB LASER PRI 829.21 22154 $77.15
101 ‐ GENERAL FUND 09/30/22 4949 PETER SALCEDO UUT REFUND FY 21/22 77.15 22155 $195.75
101 ‐ GENERAL FUND 09/30/22 272 PITNEY BOWES INC. POSTAGE METER RENTA 195.75 22156 $152.66
101 ‐ GENERAL FUND 09/30/22 276 PORTERVILLE RECORDE CITYWIDE FEE SCHEDU 152.66 22157 $3,233.25
553 ‐ SEWER 09/30/22 4618 PROVOST & PRITCHARD WWTP PFAS/PFOS SAMP 450.00 553 ‐ SEWER 09/30/22 4618 PROVOST & PRITCHARD GWM&R EAST PONDS 1,182.00 556 ‐ VITA‐PAKT 09/30/22 4618 PROVOST & PRITCHARD R22 2022 GWM MONITO 85.50 556 ‐ VITA‐PAKT 09/30/22 4618 PROVOST & PRITCHARD R22 2022 GWM REPORT 936.00 600 ‐ CAPITAL IMPROVEMENT 09/30/22 4618 PROVOST & PRITCHARD HERMOSA ST REHAB 278.00 600 ‐ CAPITAL IMPROVEMENT 09/30/22 4618 PROVOST & PRITCHARD TULARE/FOOTHILL REH 301.75 22158 $9,906.00
101 ‐ GENERAL FUND 09/30/22 399 QUAD KNOPF,INC. 2019 GEN ENGINEERIN 800.30 101 ‐ GENERAL FUND 09/30/22 399 QUAD KNOPF,INC. AAA TRUCK SERVICE 370.80 101 ‐ GENERAL FUND 09/30/22 399 QUAD KNOPF,INC. PARK ESTATES LLA 2,150.70 101 ‐ GENERAL FUND 09/30/22 399 QUAD KNOPF,INC. PALM TERRACE SUBDIV 326.80 101 ‐ GENERAL FUND 09/30/22 399 QUAD KNOPF,INC. PALM TERRACE‐FINAL 231.00 101 ‐ GENERAL FUND 09/30/22 399 QUAD KNOPF,INC. 1001 FRESNO‐FINAL M 784.00 101 ‐ GENERAL FUND 09/30/22 399 QUAD KNOPF,INC. SITE PLAN REVIEW GA 396.00 101 ‐ GENERAL FUND 09/30/22 399 QUAD KNOPF,INC. 1070 N PARKSIDE 1,360.00 October 11, 2022 Regular Meeting of the Lindsay City Council
101 ‐ GENERAL FUND 09/30/22 399 QUAD KNOPF,INC. LINDMORE & HARVARD 2,044.00 101 ‐ GENERAL FUND 09/30/22 399 QUAD KNOPF,INC. 2021 GEN ENGINEERIN 257.70 101 ‐ GENERAL FUND 09/30/22 399 QUAD KNOPF,INC. 2022 GEN ENGINEERIN 554.70 553 ‐ SEWER 09/30/22 399 QUAD KNOPF,INC. 894 SYCAMORE‐SEWER 630.00 22159 $1,149.65
101 ‐ GENERAL FUND 09/30/22 285 QUILL CORPORATION CORRECTION TAPE 6.30 101 ‐ GENERAL FUND 09/30/22 285 QUILL CORPORATION COFFEE CREAMER 5.32 101 ‐ GENERAL FUND 09/30/22 285 QUILL CORPORATION OPERATING SUPPLIES 289.85 400 ‐ WELLNESS CENTER 09/30/22 285 QUILL CORPORATION ESLER GUEST CHAIRS 848.18 22160 $17.75
101 ‐ GENERAL FUND 09/30/22 6569 RACHEL MUNOZ UUT REFUND FY 21/22 17.75 22161 7,710.49
552 ‐ WATER 09/30/22 4555 THATCHER COMPANY IN 2022250106318‐CHLOR 9,504.87 552 ‐ WATER 09/30/22 4555 THATCHER COMPANY IN 2022250901846‐DEPOS (1,794.38) 22162 $237.10
261 ‐ GAS TAX FUND 09/30/22 310 SOUTHERN CA. EDISON 150 E HONOLULU LS3B 94.84 261 ‐ GAS TAX FUND 09/30/22 310 SOUTHERN CA. EDISON 151 W HONOLULU LS3C 64.68 891 ‐ PELOUS RANCH 09/30/22 310 SOUTHERN CA. EDISON 351 HICKORY LDSCP 57.40 891 ‐ PELOUS RANCH 09/30/22 310 SOUTHERN CA. EDISON 1209 BELLAH LDSCP 20.18 22163 $175.00
101 ‐ GENERAL FUND 09/30/22 6608 STAFF‐WORTHY 8/11/22 F.D. 75.00 101 ‐ GENERAL FUND 09/30/22 6608 STAFF‐WORTHY 8/9/22 C.S. 75.00 400 ‐ WELLNESS CENTER 09/30/22 6608 STAFF‐WORTHY 8/8/22 W.C. 25.00 22164 $24,613.63
553 ‐ SEWER 09/30/22 2338 STATE WATER RESOURC WASTEWATER ARREARAG 24,613.63 22165 $197.12
400 ‐ WELLNESS CENTER 09/30/22 6703 STERICYCLE INC W.C. SHRED SERVICES 197.12 22166 $2,123.75
101 ‐ GENERAL FUND 09/30/22 6814 STOP STICK LTD STOP STICK KIT W/TR 123.75 101 ‐ GENERAL FUND 09/30/22 6814 STOP STICK LTD STOP STICK KIT W/TR 2,000.00 22167 $4,295.36
101 ‐ GENERAL FUND 09/30/22 5755 TELEPACIFIC COMMUNI 9/9/22‐10/8/22 613.63 101 ‐ GENERAL FUND 09/30/22 5755 TELEPACIFIC COMMUNI 9/9/22‐10/8/22 613.63 101 ‐ GENERAL FUND 09/30/22 5755 TELEPACIFIC COMMUNI 9/9/22‐10/8/22 613.62 101 ‐ GENERAL FUND 09/30/22 5755 TELEPACIFIC COMMUNI 9/9/22‐10/8/22 613.62 400 ‐ WELLNESS CENTER 09/30/22 5755 TELEPACIFIC COMMUNI 9/9/22‐10/8/22 613.62 552 ‐ WATER 09/30/22 5755 TELEPACIFIC COMMUNI 9/9/22‐10/8/22 613.62 553 ‐ SEWER 09/30/22 5755 TELEPACIFIC COMMUNI 9/9/22‐10/8/22 613.62 22168 $1,794.37
400 ‐ WELLNESS CENTER 09/30/22 6942 THE YARD W.C. ROCKS & FLOWER 717.75 400 ‐ WELLNESS CENTER 09/30/22 6942 THE YARD W.C. DECORATIVE ROC 1,076.62 22169 $250.00
101 ‐ GENERAL FUND 09/30/22 5792 THOMSON REUTERS ‐ W AUG. ONLINE/SOFTWAR 250.00 22170 $5,691.60
101 ‐ GENERAL FUND 09/30/22 5747 UNITED STAFFING 9/4/22 JULISSA L. 702.00 101 ‐ GENERAL FUND 09/30/22 5747 UNITED STAFFING 6/5/22 MAYRA OUT SI (129.60) 101 ‐ GENERAL FUND 09/30/22 5747 UNITED STAFFING 9/4/22 JOSHUA D. 864.00 101 ‐ GENERAL FUND 09/30/22 5747 UNITED STAFFING 9/4/22 JARROD H. 669.60 101 ‐ GENERAL FUND 09/30/22 5747 UNITED STAFFING 9/4/22 SYDNEY M. 129.60 101 ‐ GENERAL FUND 09/30/22 5747 UNITED STAFFING 9/11/22 JULISSA LUN 561.60 101 ‐ GENERAL FUND 09/30/22 5747 UNITED STAFFING 9/25/22 ALICIA FUEN 129.60 400 ‐ WELLNESS CENTER 09/30/22 5747 UNITED STAFFING 9/4/22 BRETT M. 864.00 552 ‐ WATER 09/30/22 5747 UNITED STAFFING 9/25/22 ALICIA FUEN 129.60 552 ‐ WATER 09/30/22 5747 UNITED STAFFING SYDNEY WATER WASTER 648.00 552 ‐ WATER 09/30/22 5747 UNITED STAFFING 9/4/22 BRUNO A. 864.00 553 ‐ SEWER 09/30/22 5747 UNITED STAFFING 9/25/22 ALICIA FUEN 129.60 554 ‐ REFUSE 09/30/22 5747 UNITED STAFFING 9/25/22 ALICIA FUEN 129.60 22171 $4,020.19
552 ‐ WATER 09/30/22 356 USA BLUEBOOK LMI B1 SERIES PUMP 1,796.75 552 ‐ WATER 09/30/22 356 USA BLUEBOOK LMI REPAIR KITS $ 2,223.44 October 11, 2022 Regular Meeting of the Lindsay City Council
22172 $6,437.00
101 ‐ GENERAL FUND 09/30/22 2790 WILLDAN INC. AUG. CAP & FEE STUD 643.70 101 ‐ GENERAL FUND 09/30/22 2790 WILLDAN INC. AUG. CAP & FEE STUD 643.70 101 ‐ GENERAL FUND 09/30/22 2790 WILLDAN INC. AUG. CAP & FEE STUD 643.70 101 ‐ GENERAL FUND 09/30/22 2790 WILLDAN INC. AUG. CAP & FEE STUD 643.70 101 ‐ GENERAL FUND 09/30/22 2790 WILLDAN INC. AUG. CAP & FEE STUD 643.70 101 ‐ GENERAL FUND 09/30/22 2790 WILLDAN INC. AUG. CAP & FEE STUD 643.70 101 ‐ GENERAL FUND 09/30/22 2790 WILLDAN INC. AUG. CAP & FEE STUD 643.70 400 ‐ WELLNESS CENTER 09/30/22 2790 WILLDAN INC. AUG. CAP & FEE STUD 643.70 552 ‐ WATER 09/30/22 2790 WILLDAN INC. AUG. CAP & FEE STUD 643.70 553 ‐ SEWER 09/30/22 2790 WILLDAN INC. AUG. CAP & FEE STUD 643.70 SRV922 $28,354.12
101 ‐ GENERAL FUND 09/23/22 457 PUBLIC EMPLOYEES RE REPORTING LATE FEE 200.00 101 ‐ GENERAL FUND 09/23/22 457 PUBLIC EMPLOYEES RE 26330 MBPD 9/4‐9/17 1,816.91 101 ‐ GENERAL FUND 09/23/22 457 PUBLIC EMPLOYEES RE 433 MBPD 9/4‐ 9/17 3,047.75 101 ‐ GENERAL FUND 09/23/22 457 PUBLIC EMPLOYEES RE 25354 MBPD 9/4‐9/17 677.42 101 ‐ GENERAL FUND 09/23/22 457 PUBLIC EMPLOYEES RE 25355 MBPD 9/4‐9/17 2,183.91 101 ‐ GENERAL FUND 09/23/22 457 PUBLIC EMPLOYEES RE 434 MBPD 9/4‐9/17 2,923.46 101 ‐ GENERAL FUND 09/23/22 457 PUBLIC EMPLOYEES RE 25354 CTPD 9/4‐9/17 665.96 101 ‐ GENERAL FUND 09/23/22 457 PUBLIC EMPLOYEES RE 25355 CTPD 9/4‐9/17 2,146.95 101 ‐ GENERAL FUND 09/23/22 457 PUBLIC EMPLOYEES RE 434 CTPD 9/4‐9/17 7,215.21 101 ‐ GENERAL FUND 09/23/22 457 PUBLIC EMPLOYEES RE 26330 CTPD 9/4‐9/17 2,010.71 101 ‐ GENERAL FUND 09/23/22 457 PUBLIC EMPLOYEES RE 433 CTPD 9/4‐9/17 5,465.84
SUMMARY BY FUNDING SOURCE
101 ‐ GENERAL FUND 238,715.89
261 ‐ GAS TAX FUND 5,928.13
305 ‐ COVID‐19 EMERGENCY FUND 296.60
400 ‐ WELLNESS CENTER 14,925.22
552 ‐ WATER 34,631.39
553 ‐ SEWER 35,795.14
554 ‐ REFUSE 6,514.65
556 ‐ VITA‐PAKT 1,154.91
600 ‐ CAPITAL IMPROVEMENT 3,639.75
700 ‐ CDBG REVOLVING LN FUND 1,355.53
720 ‐ HOME REVOLVING LN FUND 3,956.34
781 ‐ CAL HOME RLF 300.00
883 ‐ SIERRA VIEW ASSESSMENT 300.63
888 ‐ PARKSIDE 300.62
889 ‐ SIERRA VISTA ASSESSMENT 105.22
891 ‐ PELOUS RANCH 182.79
TOTAL $ 348,102.81
October 11, 2022 Regular Meeting of the Lindsay City Council
CASH RESOURCES
LOCATION GL ACCOUNT # TYPE BALANCE
Cash Register Funds (City Hall & Wellness) 100‐102 RES 800$ Bank of the Sierra‐ Depository Account 100‐114 GEN 2,509,319$ Bank of the Sierra ‐ AP/Operating 100‐100 GEN 11,700$
Bank of the Sierra ‐ Payroll 100‐106 GEN 549,714$
Bank of the Sierra ‐ Wellness Center 100‐500 GEN 907,432$ Bank of the Sierra ‐ Impound Account 100‐120 RES 31,030$ LAIF Savings: City & Successor Agency 100‐103 INV‐RES 5,951,347$ MBS Investments 100‐700 INV‐RES 3,061,320$
$13,022,662
CASH EXPENDED
ACCOUNTS PAYABLE & PAYROLL AMOUNT DEBT SERVICE AMOUNT
Accounts Payable 913,413$ None.
Payroll (September 9th Payday) 268,892$
Payroll (September 23rd Payday) 257,513$
TOTAL $ 1,439,818 TOTAL $ ‐
INVESTMENTS
INVESTED FUNDS $5,951,347
Respectfully submitted,
GEN: GENERAL UNRESTRICTED
RES: RESTRICTED ACTIVITY
Director of Finance INV: INVESTMENT
City of Lindsay
ABBREVIATIONS
Juana Espinoza
Monthly Treasurer's Report
September 30, 2022
Cash Balances Classified by Depository
TOTAL
INVESTMENT POLICY COMPLIANCE
As of the end of the month, the investments were in compliance with the requirements of the City's investment policy. This report reflects all cash and investments of the City of Lindsay (O/S checks not reflected in End Cash Balance).
October 11, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 9.4
MEETING DATE: October 11, 2022
ACTION & RECOMMENDATION
Consider the Approval of Resolution 22-57, A Resolution of the City Council of the City of Lindsay Amending Authorized Signers for Bank Accounts Under EIN#94-6000357, CalPERS Retirement Plan, Deferred Compensation Plan, Local Agency Investment Fund, and Multi-Bank Securities Inc. Account.
BACKGROUND | ANALYSIS
In accordance with the City’s Financial Institutions requiring a formal Council resolution in the event of a change of signers and/or authorized Plan Trustees and personnel, it is requested that Council consider the approval of Resolution No. 22-57, amending authorized signers for City of Lindsay accounts as reflected in Table 1 of this report.
Table 1
Account(s) Authorized Position(s)
Bank of the Sierra Bank Accounts
• XXXX6570 City of Lindsay Payroll Account
• XXXX4370 City of Lindsay Wellness Center/El Dorado Account • XXXX2170 City of Lindsay Impound Account
• XXXX0170 City of Lindsay Accounts Payable Accounts
• XXXX9563 City of Lindsay Depository
City Manager
Director of Finance
*City Clerk & Assistant to the
City Manager
Local Agency Investment Fund (LAIF)
• XXXX4454 Local Agency Investment Fund
City Manager
Director of Finance
*City Clerk & Assistant to the
City Manager
California Public Employees' Retirement System (CalPERS) City Manager Director of Finance
*City Clerk & Assistant to the
City Manager
October 11, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
457 Deferred Compensation Plan
• Employee Defined Contribution Plan
City Manager
Director of Finance
Human Resources Manager
Finance Administrative
Supervisor
*City Clerk & Assistant to the
City Manager
MULTI-BANK SECURITIES, INC. (MBS)
• RMB-040122
City Manager
Director of Finance
*City Clerk & Assistant to the
City Manager
*Authorized only in the following circumstances: 1) both the City Manager and Director of Finance are absent and has gained verbal or written authorization from either the City Manager or Director of Finance prior to signing or 2) either the City Manager or Director of Finance are absent, and a second signature is required and has gained verbal or written authorization from either the City Manager or Director of Finance prior to signing.
Staff also requests to remove all currently authorized account signers who have since been removed from their duties as agents for the City of Lindsay. In accordance with the Successors and Assigns clause, the City Manager, in addition to the Mayor, shall retain authorization to sign all legal documents on behalf of the City as may be required unless otherwise specified.
Staff recommends that Council pass and adopt Resolution 22-57 to allow for improved continuity in delivery of financial services provided by the City of Lindsay to its current and former employees, as well as its vendors by directly addressing the number of authorized signers available to conduct financial transactions on behalf of the City.
FISCAL IMPACT
• No fiscal impact to approve this action.
ATTACHMENTS
• Resolution No. 22-57
October 11, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-57
NUMBER 22-57
TITLE
MEETING
CONSIDER THE APPROVAL OF RESOLUTION 22-57, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING
AUTHORIZED SIGNERS FOR BANK ACCOUNTS UNDER EIN#94-
6000357, CALPERS RETIREMENT PLAN, DEFERRED
COMPENSATION PLAN, LOCAL AGENCY INVESTMENT FUND, AND
MULTI-BANK SECURITIES INC. ACCOUNT
At a regularly scheduled meeting of the City of Lindsay City Council held on October 11, 2022, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City of Lindsay, a political subdivision of the State of California has various Bank accounts for the exclusive needs of the City of Lindsay; and WHEREAS, the City of Lindsay has identified the need to amend signers on the City Bank Accounts, CalPERS Retirement Plan, Deferred Compensation Plan, Local Agency Investment Fund, Multi-Bank Securities Inc. Account and authorization for those signers; and
WHEREAS, the City Council recognizes that the Lindsay Municipal Code allows for the City Council to authorize designated signers via Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The City of Lindsay hereby authorizes amending signers on the City of Lindsay Bank and Investment Accounts (EIN#94-6000357), CalPERS Retirement Plan, City of Lindsay Deferred Compensation Plan, Local Agency Investment Fund, and Multi-Bank Securities Inc. Account via Resolution as described by Lindsay Municipal Code, Section 3.01.
SECTION 3. The following shall be retained as authorized signers for the City of Lindsay Bank Accounts under City of Lindsay EIN#94-6000357, adding City Clerk & Assistant to the City Manager, removing all currently authorized account signers who have since been removed October 11, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-57
from their duties as agents for the City of Lindsay, and retaining the Director of Finance and City Manager.
SECTION 4. The following shall be retained as authorized signers for the City of Lindsay Accounts, adding the City Clerk & Assistant to the City Manager and the City Manager to the Local Agency Investment Fund, and retaining the Director of Finance.
SECTION 5. The following shall be retained as authorized signers for the City of Lindsay Accounts, adding the City Clerk & Assistant to the City Manager and the City Manager to CalPERS Retirement, and retaining the Director of Finance.
SECTION 6. The following shall be retained as authorized signers for the City of Lindsay Accounts, adding the City Clerk & Assistant to the City Manager and the City Manager to the Deferred Compensation Plan, and retaining the Director of Finance, Human Resources Manager, and Administrative Supervisor.
SECTION 7. The following shall be retained as authorized signers for the City of Lindsay Accounts, adding the City Clerk & Assistant to the City Manager to the Multi-Bank Securities Inc. Account, and retaining the Director of Finance and City Manager.
SECTION 8. This resolution shall take effect immediately upon its approval and adoption.
SECTION 9. The Mayor, or presiding officer, is hereby authorized to affix her/his signature to the Resolution signifying its adoption by the City Council of the City of Lindsay, and the City Clerk, or his duly appointed deputy, is directed to attest thereto.
October 11, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-57
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE October 11, 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.
FRANCESCA QUINTANA RAMONA CAUDILLO
CITY CLERK MAYOR
October 11, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 9.5
MEETING DATE: October 11, 2022
ACTION & RECOMMENDATION
Consider the Minute Order Renewal of Property Lease Agreement between the City of Lindsay and Community Services Employment Training (CSET) and Authorize City Manager to Execute Any Documents Thereto.
BACKGROUND | ANALYSIS
CSET is a non-profit agency established in 1976 to fight the war on poverty. In 1986, CSET became the Community Action Agency in Tulare County, joining a national partnership of agencies to assist individuals and communities to achieve self-reliance. CSET has provided senior citizen service programs at the Lindsay Community Center located at 911 North Parkside Avenue for many years now. CSET continues to provide significant services to Lindsay area senior citizens through senior citizen meal programs and other senior centered programs and events.
The draft Property Lease Agreement attached to this report outlines the terms and conditions of the property lease. Most notably, per the terms and conditions set forth in the agreement, CSET shall lease the property for $1.00, shall have the option to extend or renew the term of the agreement for one (1) year, and shall utilize the premises for senior citizen programs, among other terms and conditions.
FISCAL IMPACT
Rent collected in the amount of $1.00 to be deposited into 101-GENERAL FUND.
ATTACHMENTS
• CSET Certificate of Liability Insurance
• Draft Property Lease Agreement with Exhibits
October 11, 2022 Regular Meeting of the Lindsay City Council
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
9/8/2022
Arthur J. Gallagher & Co.
Insurance Brokers of CA. Inc, LIC # 0726293
500 North Santa Fe
Visalia CA 93292
JoEllen Huckabay 559-635-3506 559-750-5461 [email protected] Zenith Insurance Company 13269 Travelers Casualty and Surety Co of America 31194 Community Services and Employment Training, Inc.
312 N. W. 3rd Avenue
Visalia, CA 93291
Nonprofits' Insurance Alliance of California Inc. 1211138787 C X 1,000,000 X 500,000 X Prof Liab 20,000 1,000,000 2,000,000 X Y Y 202203756 7/1/2022 7/1/2023
2,000,000 SOCIAL SERVICE 1,000,000
C 1,000,000 X
202203756 7/1/2022 7/1/2023
C X X
202203756UMB 7/1/2022 7/1/2023
5,000,000 5,000,000 X
0 A Y Z127265008 7/1/2022 7/1/2023
X
1,000,000 1,000,000 1,000,000
B CRIME / FIDELITY
FIDUCIARY LIABILITY
105959307 7/1/2022 7/1/2023 EMPLOYEE THEFT
FORGERY
ALL CLAIMS
$505,000
$100,000
$1,000,000
LOCATION: 911 N. Parkside, Lindsay, CA 93247
City of Lindsay (Owner) and its officers, officials, employees, and agents shall be additional insureds as respects to General Liability per form issued by the carrier, subject to policy terms and conditions. The insurance provided in the General Liability policy is primary and any other insurance shall be excess only, and not contributing. Waiver of Subrogation applies to certificate holder (Owner) and its officers, officials, employees, and agents, as respects General Liability & Workers' Compensation policies, pursuant to and subject to the policy's terms, definitions, conditions and exclusions.
City of Lindsay
251 E. Honolulu St.
Lindsay CA 93247
USA
ACORD®
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October 11, 2022 Regular Meeting of the Lindsay City Council
POLICY NUMBER: 202203756
Named Insured: Gommurnty ::iervIces and Employment Training, Inc. (
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization that you are required to All insured premises and operations. add as an additional insured on this policy, under a
written contract or agreement currently in effect, or
becoming effective during the term of this policy. The
additional insured status will not be afforded with
respect to liability arising out of or related to your
activities as a real estate manager for that person or
organization.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 October 11, 2022 Regular Meeting of the Lindsay City Council
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 October 11, 2022 Regular Meeting of the Lindsay City Council
202203756
1 NONPROFITS
INSURANCE - ALLIANCE OF CALIFORNLA
A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY
ENDORSEMENT FOR PUBLIC ENTITIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
A. Section II - WHO 15 AN INSURED is amended to include:
4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:
a. Your negligent acts or omissions; or
b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations.
No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.
B. Section Ill - LIMITS OF INSURANCE is amended to include:
8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy.
C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:
4. Other Insurance
a. Primary Insurance
This insurance is primary if you have agreed in a written contract or written agreement:
(1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or
NIAC-E61 02 19 Page 1 of 2
Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.
October 11, 2022 Regular Meeting of the Lindsay City Council
202203756
1 NONPROFITS
INSURANCE - ALLIANCE OF CALIFORNLA
A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER:
(2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance.
Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excesslnsurance
This insurance is excess over:
1. Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work";
(b} That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE.
(e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing
If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains , whichever comes first.
If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
NIAC-E61 02 19 Page 2 of 2
October 11, 2022 Regular Meeting of the Lindsay City Council
202203756
1 NONPROFITS
INSURANCE
POLICY NUMBER: FORM: N IAC-E26 11 17
- ALLLANCE OF CAUFORNLA
NAMED INSURED: Community Services and Employment Training, Inc. (CSET)
A Head for Insurance. A Heart for Nonprofits.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANFER OF RIGHTS OF RECOVERY
AGAINST OTHERS (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM
SCHEDULE
Name of Person or Organization:
Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage.
NIAC-E26 11 17 Page 1 of 1
October 11, 2022 Regular Meeting of the Lindsay City Council
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TheZenilhe
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us.
The additional premium for this endorsement shall be 2.00% of the California workers compensation premium otherwise due.
Minimum Premium: $0
This endorsement changes the pollcy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/01/2022
Insured CSET
Policy No. 2127265008
Policy Period 07/01/2022 To 07/01/2023
Issued On 06/28/2022
WC-99-04-258
(Ed. 10-07)
ZENITH INSURANCE COMPANY -13145
At Fresno, CA
Endorsement No. 17
Agent Copy
October 11, 2022 Regular Meeting of the Lindsay City Council
PROPERTY LEASE AGREEMENT
This LEASE AGREEMENT ( “Agreement”) is effective as of ___________________, 202__ (“Effective Date”), and is made by and between City of Lindsay (“Owner”), and Community Services and Employment Training (“Lessee”), on the terms and conditions set forth below.
1. Lease.
1.1 Property. Owner is the simple owner of certain real property located at 911 North Parkside, Lindsay, California 93247. The subject property to be leased by Owner to Lessee is included as Exhibit 1 of this Agreement and shall be described as the South Room of 1,594 square feet, Kitchen of 80 square feet, Office of 208 square feet, Men’s restroom of 101 square feet, Women’s restroom of 101 square feet, and Hallways of 33 square feet of the City of Lindsay Community Center (the “Property” or the “Premises”). Owner hereby leases to Lessee and Lessee hereby leases the Property from Owner, on the terms and conditions set forth in this Agreement.
1.2 Existing Lease Agreement. The Property is subject to conditions set forth within an existing lease agreement between the City of Lindsay and the Porterville Sheltered Workshop (“PSW”) which is included as Exhibit 2 of this Agreement. Lessee hereby acknowledges that they have received a copy of the existing lease agreement and all related attachments between the City of Lindsay and PSW for the subject property to be leased by Owner to PSW described within Exhibit 1 of this Agreement as the North Room of 806 square feet, Storage Room of 66 square feet, Office of 192 square feet, Men’s restroom of 101 square feet, Women’s restroom of 101 square feet, and Hallways of 33 square feet of the City of Lindsay Community Center (the “Property” or the “Premises”).
2. Terms.
2.1 Original Term: The term of this Agreement and the Leasehold Estate (the “Original Term”) shall commence on the Effective Date and continue until the three (3) year anniversary of the Effective Date, unless extended as provided herein.
2.2 Renewal Term. Provided Lessee is not in default under this Agreement, Lessee shall have the option, in its sole discretion, to extend and renew the term of this Agreement for one (1) additional year with the approval of the Owner. Lessee may exercise such options by written notice delivered to Owner no later than sixty (60) days prior to the expiration of the Original Term or the then-existing Renewal Term, as applicable.
3. Rent.
3.1 Original Term Rent. In consideration of the rights granted to Lessee in this Agreement, Owner shall rent the Property to Lessee for one ($1.00) dollar commencing on the Effective Date and continuing until the end of the Original Term, unless this Agreement is sooner terminated. Lessee shall pay Owner one dollar ($1.00) rent during the Original Term until the termination or expiration of this Lease Agreement.
3.2 Renewal Term Rent. If Lessee exercises its right to renew the term of this Agreement for any Renewal Term, this rent amount shall remain the same at one dollar and zero cents, $1.00, beginning and effective on the start date of the Renewal Term.
4. Development and Operation.
October 11, 2022 Regular Meeting of the Lindsay City Council
4.1 Lessee Responsibility. Lessee agrees to comply with all municipal, county, state, and federal law.
4.2 Grant of Lease. Owner grants to Lessee a License (“the License”) to perform the following acts on the Property. Lessee shall have access to a portion of the community room (southeast room, south of the foldable divider) for the purpose of Senior Programs at a minimum Monday through Friday or each week between the hours of 8:30 a.m. and 2:30 p.m.
Lessee can expand the hours for Senior Programs. In the event that the outside temperature reaches one hundred and five (105) degrees the hours of operation must be extended to 5:00 p.m. to act as a cooling center. . Lessee shall provide regular senior citizen meal programs, in compliance with California Department of Aging food service guidelines, County Environmental Health and services commensurate with services provided elsewhere in the Kings/Tulare Area Agency on Aging (KTAAA) service area. Lessee shall also offer senior services programs in conjunction with the senior meal program. Lessee will be permitted to utilize other Property spaces, such as kitchen area, on occasion and for large special events in support of senior programs. Advanced notification shall be submitted to the Owner for approval a minimum of sixty (60) days prior to use. Lessee shall be permitted to utilize an office at the Property that may be secured. The office shall be the southwest office space. Lessee shall secure the office and shall provide a key to the Owner as requested. Lessee is responsible for the cleanliness of all areas utilized for senior citizen meals and programs. The Owner shall ensure that if the facility is utilized outside of the Lessee hours, the facility will be cleaned prior to the next Lessee senior program. The Property shall be utilized by Lessee for the purpose of senior meal and additional Lessee senior programs and shall not be utilized as a Lessee community office. The Owner shall perform annual building inspections of the Property.
4.3 Incidental Right and Obligations. Lessee shall have full and exclusive management authority over the program areas during the times of program use and shall assume full responsibility for the timely cleaning of all areas used. Lessee shall be permitted to install telephone services and assume all responsibility for installation, control of use, and service cost.
Lessee will be responsible for non-permanent interior modifications to accommodate their programs. The Owner shall provide facility management oversight, routine building and grounds maintenance, and schedule use of the building outside of the Lessee operational hours. The Owner shall schedule all activities in the Center aside from Lessee’s daily 8:30 a.m. to 2:30 p.m. usage and will notify Lessee of the schedule. The Owner, Lessee, and other users of the facility shall meet semi-annually to address any concerns and coordinate schedules and programmed use for the next six (6) months.
4.4 Ownership of Improvements. Lessee can request to make improvements to the property with sixty (60) days notice. Following the expiration of all terms, Owner shall become the sole owner of all right, title, and interest in and to the Improvements, however, Owner shall have the right to demand Lessee to return the Property to its original condition at Lessee’s sole expense.
5. Insurance Requirements.
5.1 Commercial General Liability. Lessee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($2,000,000) per occurrence for bodily injury, personal October 11, 2022 Regular Meeting of the Lindsay City Council
injury, and property damage, and sexual abuse and molestation coverage including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Lessee’s general liability policies shall be primary and shall not seek contribution from the Owner’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Owner and its officers, officials, employees, and agents shall be additional insureds under such policies. Any failure to comply with reporting provisions of the policies by Lessee shall not affect coverage provided the Owner. Coverage shall state that Lessee insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage shall contain a waiver of subrogation in favor of the Owner.
5.2 Property insurance. Against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.
5.3 Workers’ Compensation and Employers’ Liability- Statutory. Lessee shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Lessee shall submit to Owner, along with the certificate of insurance, a waiver of subrogation endorsement in favor of Owner, its officers, agents, employees, and volunteers.
5.4 All Coverages. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the Owner, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the Owner. Evidence of Insurance - Prior to commencement of work, the Lessee shall furnish the Owner with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Lessee must agree to provide complete, certified copies of all required insurance policies if requested by the Owner. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Lessee.
6. Taxes. Owner shall be responsible for, and shall timely pay before the same become delinquent, all taxes, assessments, or other governmental charges that are imposed on, or arise in connection with, the Property. Lessee shall be responsible for all other tax created by lessee’s activity on the Property.
7. Utilities. Lessee agrees to pay all utilities supplied to the Premises including but not limited to water, wastewater, gas, electricity, refuse, and all other utilities used by Leesee.
Owner shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises. No such failure or interruption shall entitle Lessee to terminate this Lease, unless such failure or interruption persists for an unreasonable period, without cure.
October 11, 2022 Regular Meeting of the Lindsay City Council
8. Utilities not belonging to Lessee. The Property is subject to conditions set forth within an existing lease agreement between the City of Lindsay and the Porterville Sheltered Workshop (PSW). Per the terms of their Agreement, PSW shall pay directly for all utilities supplied to the Premises, including but not limited to charges for water, sewer, gas, electricity, security, cleaning, and other services and utilities used by PSW on the leased Premises only. Lessee is hereby granted authorization by Owner to work directly with PSW to determine the appropriate cost sharing for all shared utilities supplied to the Property, if any.
9. Maintenance. In the event Lessee fails to maintain the Premises in good order, condition and repair, Owner shall give Lessee notice to do such acts as are reasonably required to maintain the Premises. In the event Lessee fails promptly to commence such work or diligently prosecute the same to completion, Owner may but is not obligated to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Owner shall be paid by Lessee promptly after demand. Lessee shall keep the leased area in a clean or orderly condition and shall repair any damage that occurs due to the use of the property.
10. Indemnity. The Lessee agrees to defend and indemnify the Owner for any liability stemming from any adverse judgment or settlement against the Owner in connection with any activity performed or allowed by the Lessee at the Property, specifically the Lessee shall indemnify the Owner against all liability, claims, demands, losses, damages, costs, charges, and expenses, including reasonable attorney's fees, that the Owner may in any way sustain, incur or become liable for in consequence of any activities performed or allowed by the Lessee at the Property. If the Lessee fails to defend and indemnify as set forth in this Agreement, the Owner may bring a separate suit against the Lessee for failure to do so and immediately terminate the lease agreement. For purposes of any such potential suit the Lessee hereby waives any and all applicable statutes of limitations applicable to indemnity claims arising in connection with prosecution of a lawsuit and the party’s rights and obligations for indemnity shall flow from this written agreement.
11. Default; Termination.
11.1 Notice and Cure. In the event of an alleged breach or default by either party of any representation, warranty, or obligation under this Agreement, the non-defaulting party shall provide the defaulting party with a reasonably-detailed written notice of such default and a thirty (30) day opportunity to cure such default; provided, however, that if curing the default will reasonably take longer than the said thirty (30) day time period, the defaulting party shall have such time period reasonably necessary to cure such default, provided that the defaulting party commences to cure the default within the initial thirty (30) day period. Following the application of the foregoing notice and cure requirements, the non-defaulting party may terminate this Agreement and/or exercise any other rights or remedies available to it at law or in equity; provided, however, that the non-defaulting party shall use commercially reasonable efforts to mitigate its damages arising from such default.
11.2 Termination. Notwithstanding any provision of this Agreement to the contrary, Lessee may terminate this Agreement at any time by written notice to Owner; provided, however, that any notice of termination following the Operations Date shall not be effective until sixty (60) days following Owner’s receipt of such notice. In the event this Agreement is terminated by Lessee in accordance with this section, Owner authorizes Lessee to execute and record a notice of termination evidencing such termination.
October 11, 2022 Regular Meeting of the Lindsay City Council
12. Assignment and Sublease. Lessee shall not voluntarily or by operation of law assign, transfer, mortgage otherwise encumber all or any part of Lessee’s interest in this Lease or in the Premises, and shall not sublet or license all or any part of the Premises, without the prior written consent of Owner in each instance, with such consent not being unreasonably withheld and any attempted assignment, transfer, mortgage, encumbrance, subletting or license without such consent shall be wholly void. Lessee may assign this Lease to any parent company, subsidiary or sister company, or closely related entity of Lessee and/or its owners (“Related Party Assignment”).
In any such event of a Related Party Assignment, Lessee shall inform Owner, provide Owner with the Related Party Assignment documents for Owner to acknowledge Owner’s receipt of same and Owner shall promptly acknowledge the receipt of the Related Party Assignment and return a copy thereof to Lessee. In no event shall Owner withhold its acknowledgement or otherwise try to interfere with any such Related Party Assignment.
13. Miscellaneous.
13.1 Entire Agreement. This Agreement, together with its attached exhibits, which are incorporated into this Agreement by this reference, contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes any other agreement or understanding, all of which shall be of no force or effect. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing and signed by each of the parties hereto. The terms and conditions of this Agreement are not to be construed more liberally in favor of, or more strictly against, either party to this Agreement. The use of the neuter gender includes the masculine and feminine, and the singular number includes the plural, and vice versa, whenever the context so requires. The terms “include”, “includes” and “including”, as used herein, are without limitation. Captions and headings used herein are for convenience of reference only and do not define, limit, or otherwise affect the scope, meaning, or intent hereof.
13.2 Governing Law. The terms and provisions of this Agreement shall be interpreted in accordance with the laws of the state in which the Premises is located without reference to the choice of law principles of such state or any other state.
13.3 Legal Counsel and Advice. Each party to this Agreement has had the opportunity to consult with legal counsel and other advisors of its own choosing prior to executing this Agreement.
13.4 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon Owner and Lessee, any Assignee, and each of their respective heirs, transferees, successors, and assigns. References to Lessee in this Agreement shall be deemed to include Assignees that hold a direct ownership interest in this Agreement.
13.5 Notices. All notices or other communications required or permitted hereunder, including payments to Owner, shall be in writing, and shall be personally delivered, delivered by reputable overnight courier, or sent by registered or certified mail, return receipt requested and postage prepaid, to the addresses set forth on the signature page of this Agreement.
Notices personally delivered shall be deemed given the day so delivered. Notices given by overnight courier shall be deemed given on the first business day following the mailing date.
Notices mailed as provided herein shall be deemed given on the third business day following the mailing date. Any party may change its address for purposes of this subsection by giving written notice of such change to the other party in the manner provided in this subsection.
October 11, 2022 Regular Meeting of the Lindsay City Council
13.6 Choice of Law. The Property is located in the County of Tulare, State of California. The laws of the State of California shall govern the validity, enforceability or interpretation of this Agreement. Tulare County shall be the venue for any action or proceeding, in law or equity that may be brought in connection with this Agreement. Both parties hereby waive any rights they may possess under Section 394 of the Code of Civil Procedure to transfer to a neutral county or other venue any action arising out of this Agreement.
13.7 Mediation. Should a dispute arise between any of the parties, the dispute will be submitted to mediation before litigation. Any party may start the process by giving written notice to the other party. The mediator will be selected and mediation conducted through the California Mediation Rules and Procedures, or with the mutual consent of the parties, by another mediation organization or mediator. The mediation will be confidential in accordance with California Evidence Code 1152.5 and the parties will equally bear the mediation costs.
IN WITNESS WHEREOF, the parties execute this Agreement effective as of the Effective Date.
OWNER:
____________________________________
City of Lindsay
251 E. Honolulu St.
Lindsay, CA 93247
Address for Payment and Notices:
251 E. Honolulu St.
Lindsay, CA 93247
(559)562-7102
LESSEE:
____________________________________
Mary Alice Escarsega-Fechner,
Community Services and Employment
Training, Inc.
Address for Payment and Notices:
312 NW 3rd Ave.
Visalia, CA. 93291
(559)732-4194
October 11, 2022 Regular Meeting of the Lindsay City Council
EXHIBIT 1
PROPERTY/PREMISES
APN: 201-230-037
For Sole Use by Lessee:
South Room 1594 sq. ft.
Kitchen 80 sq. ft.
Office 208 sq. ft.
For Shared Use by Lessee and Porterville Sheltered Workshop:
Men's Restroom 101. sq. ft.
Women's Restroom 101. sq. ft.
Hallways 33 sq. ft.
For Sole Use by Porterville Sheltered Workshop:
North Room 806 sq. ft.
Storage Room 66 sq. ft.
Office 192 sq. ft.
PHOTO/MAP OF PROPERTY
October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
Exhibit 2 October 11, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Neyba Amezcua, Director of City Services & Planning DEPARTMENT:
ITEM NO.:
City Services & Planning
9.6 MEETING DATE: October 11, 2022
ACTION & RECOMMENDATION
Consider Minute Order Approval of Resolution 22-59, A Resolution of the City Council of the City of Lindsay Rescinding Resolution 22-55 and Authorizing the City Manager to Execute a Grant Agreement with the Transit and Intercity Rail Program of the California State Transportation Agency (CalSTA) and Execute Any Documents and Amendments Thereto.
BACKGROUND | ANALYSIS
On September 27, 2022, The City Council adopted Resolution 22-55 Authorizing the City Manager to Execute a Grant Agreement with the Transit and Intercity Rail Program of the California State Transportation Agency (CalSTA) and Execute any Documents and Amendments Thereto. However, the State of California requested a change in the effective term of the Resolution. Per the State of California, the Resolution shall take effect immediately upon its adoption and be effective for ten (10) years from the date of adoption.
Staff recommends that Council pass and adopt Resolution 22-59 which rescinds Resolution 22- 55 and is effective for ten (10) years from the date of adoption. If passed and adopted by Council, then the Resolution will be re-submitted to CalSTA.
FISCAL IMPACT
Project Budget: TBD
CalSTA Funding: $4,289,000 Construction Phase
$ 75,000 Project Management Phase (Subject to Change)
Measure R Funding: $2,200,000 Construction
October 11, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
ATTACHMENTS
• Resolution No. 22-59
October 11, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-59
NUMBER 22-59
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LINDSAY RESCINDING RESOLUTION 22-55 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT WITH THE TRANSIT AND INTERCITY RAIL
PROGRAM OF THE CALIFORNIA STATE TRANSPORTATION
AGENCY (CALSTA) AND EXECUTE ANY DOCUMENTS AND
AMENDMENTS THERETO
At a regularly scheduled meeting of the City of Lindsay City Council held on October 11, 2022, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City of Lindsay is a member of the Tulare County Regional Transit Agency (herein referred to as “TCRTA”) and has partnered with TCRTA to submit a funding application titled Tulare Cross-Valley Corridor ZEB Expansion Phase 1; and WHEREAS, the application included the construction phase of the Lindsay Transit Center; and
WHEREAS, the funding application was successful and TCRTA received the requested funding; and
WHEREAS, it is necessary to enter into a Grant Agreement by and between CalSTA and the City of Lindsay to access the grant funding; and
WHEREAS, this Resolution rescinds Resolution 22-55 and clearly identifies the effective term of the Resolution.
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. The City Council hereby authorizes and empowers the City Manager or his/her designee to execute in the name of the City of Lindsay all grant documents, including but not limited to applications, agreements, amendments, reports, and requests for payment, necessary to secure grant funds and implement the approved grant project.
October 11, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-59
SECTION 3. This Resolution shall take effect immediately upon its adoption and be effective for ten (10) years from the date of adoption.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE October 11, 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.
FRANCESCA QUINTANA RAMONA CAUDILLO
CITY CLERK MAYOR
October 11, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 10.1
MEETING DATE: October 11, 2022
ACTION & RECOMMENDATION
Consider the Appointment of a New Tulare County Association of Governments (TCAG) Alternate Representative.
BACKGROUND | ANALYSIS
The City Council last appointed representatives to various boards, agencies, and committees on January 25, 2022. At said meeting the Council appointed Mayor Pro Tem Cerros to serve as the Alternate Representative on the 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.
On June 28, 2022, the Council also nominated the Mayor Pro Tem to serve as the TCAG Transit Representative. Per the Committee’s policies, the elected official receiving the highest number of votes would be appointed as the member; the person with the second highest number of votes would have the opportunity to serve as the Transit alternate on the Board. Mayor Pro Tem Cerros, received the second highest number of votes and was then appointed as the TCAG Transit Alternate Representative.
In October of 2022, City staff was made aware that per Committee by-laws and Policies, the Mayor Pro Tem could not serve as both the TCAG Board of Governors Alternative Representative and the Alternate TCAG Transit Representative. The TCAG Board of Governors by-laws is attached to this report and reads as follows “Representation of each political subdivision may be by a regular delegate or an authorized alternate. The authorized alternate shall be a member of the designated representative organization and shall be appointed by the authority designated in Section 1…”. Section 1 of said by-laws lists that the City of Lindsay Member and Alternate Member are appointed by the City Council.
Staff recommends that Council appoint a new Alternate Representative to the TCAG Board of Governors.
The TCAG Board of Governors meets the third Monday of every month at 1:00 PM in-person or via teleconference. The next meeting will be held on Monday October 17, 2022, at 1:00 PM in-person and via teleconference.
October 11, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
FISCAL IMPACT
No fiscal impact to approve this action.
ATTACHMENTS
• TCAG By-laws
October 11, 2022 Regular Meeting of the Lindsay City Council
-.. ' . .
APPENDiX A
of the Joint Powers Agreement
BY-LAWS
TULARE COUNTY ASSOCIATION OF GOVERNMENTS
Revised May 20, 1974
Revised June 20, 1983
Revised February 10, 1992
ARTICLE I NAME
ARTICLE II
Section 1.
Section 2.
This organization is established by the Joint Exercise of Powers Agreement Est_a~l is~)ng the Tulare County Association of Governments dated the 4th day of May, 1971 executed by the County of Tulare and the Cities of Dinuba,- Exeter,· Farmersville, Lindsay, Porterville, Tulare, Visalia and Woodlake, as amended from time to time, and which is hereinafter referred to as the "Joint Powers Agreement". This organization is named by the Joint Powers Agreement the "Tulare County Association of Governments" and may hereinafter be referred to by its full name or by the term "Association".
PURPOSE
The fundamenta 1 purposes of the Tulare County Association of Governments are: to provide a forum for the coordination of governmental activities involving both long range and functional planning, transportation and air quality maintenance programs for the incorporated cities and the unincorporated area of the County; and to develop definitive programs which will assure comp at i b 1 e action between a 11 1 eve 1 s of government within the County or between adjacent counties and other levels of governm_ent, ___ in the process of p 1 an deve 1 opment. Imp 1 ementat ion of plans and programs is primarily a function of member agencies.
In addition to the overall purposes as stated in Section 1, the Tulare County Association of Governments shall perform or direct the following specific functions:
a. Review, evaluate and coordinate applications for planning, transportation, and air quality maintenance programs, or development proposals of areawide significance utilizing either Federal, State of local public sources of funding. b. Assist political subdivisions located in Tulare County in obtaining various forms of governmental assistance by pro- viding advice, counsel and professional direction. c. Designate an appropriate system of areawide comprehensive planning, transportation and air quality maintenance program goals and objectives. - 1 -
October 11, 2022 Regular Meeting of the Lindsay City Council
d. Prepare or direct the preparation of necessary plans and ~tudies consistent with the comprehensive planning, transportation and air quality maintenance program goals and objectives.
e. Promote public interest in and an understanding of the comprehensive planning, transportation and air quality maintenance program processes within Tulare County. f. Serve as a center for disseminating general planning, transportation and air quality maintenance program information of areawide significance to the various local jurisdictions.
g. Investigate and prepare recommendations regarding the resolution of conflicts or other circumstances arising from the multiplicity of jurisdictions concerned with comprehensive development. h. Prepare a budget and work program each year demonstrating ability to implement above goals. i. Serve as the mechanism for the distribution of State and Federal funds which are a li ocated to 1 oca l and areawide entities on an areawide basis as provided for in State and Federal iaw or regulation.
ARTICLE III ADMINISTRATION
Section 1. The Association shall be administered by a governing board composed for the following members:
Section 2.
Section 3.
ORGANIZATION
Tulare County
Cities (Dinuba,
Exeter, Farmersville, Lindsay, Porterville, Tulare,
Vtsalia, Woodlake)
Unincorporated
Service Areas.
MEMBERSHIP
5 members, Tulare
County Board of
Supervisors
l Council member
from each City
3 Citizens appointe~
at large
APPOINTED BY
Self
Respective
City Councils
Majority vote of
above members of
governing board
Non-voting advisory committees may be appointed by a two-thirds majority vote of the entire voting membership.
Representation of each political subdivision may be by a regular de 1 egate or an authorized alternate. The authorized alternate shall be a member of the designated representative organization and shall be appointed by the authority designated in Section l - 2 - October 11, 2022 Regular Meeting of the Lindsay City Council
Section 4,
Section 5.
Section 6.
Section 7.
ARTICLE IV
Section 1.
Sect ion 2.
Section 3.
above and in accordance with Section 12 of the ,Joint Powers Agreemer.t,
The members of the Board of Supef\vi sors sha ·, 1 be members of ths governing board of the Association during their tenure i11 the office of Supervisor. Councilmembers appointed by participating cities as members of the governing board of the Association shall serve cm the governing board during their tenure in the office of Councilmember or until replaced by the cities. The three (3) citizens who are appointed at large, pursuant to Section 1 above, shall serve for terms of three (3) years with only one appointment expiring in December of each year. In the event a vacancy occurs among the appointees at large, the new appointee shall serve only during the remaining portion of the pre- decessor's term.
The term of office of Association Chair and Vice-Chair, and such other officers as the governing board deem necessary, shall expire at the end of each even-numbered year, beginning in June 197 4. Election of new officers sha 11 take place at the first meet'i ng of the Board of Governors in June of that year. New officers shall assume their duties as of July 1st of each evennumbered year.
Members at large having three consecutive unexcused absences, shall be the basis for replacement by members of the governing board. Members from the Board of Supervisors and elected councilmembers having three consecutive unexcused absences, shall be the basis for notification of the County Executive, City Manager or City Administrator.
A conflict of Interest Code shall be adopted and revised or amended from time to time as necessary by the Association by resolution or minute order and submitted to the local Code Reviewing Body for approval in compliance with Government Code section 87300 et seq.
ORGANIZATION
The Tulare County Association of Governments shall organize under, and be governed by, appropriate State enabling legislation such as the Joint Powers Act, Section 6500 et seq. of the Government Code.
The Association shall contain a policy-making unit whose respon- sibility, within the grant of authority to the Association under Section 3 of the Joint Powers Agreement, it is to establish the Association's overall policy framework, approve the annual budget, approve an annual report and work program, and establish necessary subcommittees. The policy-making unit shall consist of the Governing Board members.
The Association shall employ a competent professional staff and provide staff with an adequate, yearly operating budget. - 3 - October 11, 2022 Regular Meeting of the Lindsay City Council
Secticm 4.
ARTICLE Y
Section L
Section 2.
Section 3.
Section 4.
Section 5.
ARTICLE VI
Section 1.
Section 2.
Section 3.
The Executive Secretaries sharl designate acting
conffrmed by the Chair,t prior to the meeting, in
Executive Secretaries anticipated absence.
OFFICERS
secretaries,
r::ic:e, n4= th;:, .,,.,,..._.__.=,;, le-,"'~ ,_,,, ... ~, The officers of the Tulare County Association of Governments shall be Chair, Vice-Chair, Executive Secretaries, Treasurer and Auditor and such other officers as the governing board may deem necessary.
The Chair and Vice-Chair shall be elected from among members of the governing board and shall be nominated and elected in accordance with rules of the governing board of the Association.
They sha 11 perform such duties and serve for such terms as specified in the rules adopted by the governing board of the Association, as indicated in Articles III and VI.
The Executive Secretaries shall be appointed by the voting membership of the Association, and shall serve at the pleasure of the Board of Governors. They shall not have voting privileges.
In the temporary absence of the Chair and Vice-Chair, Governing Board members present shall elect a Chair Pro Tern from among the membership of the Governing Board.
If, for any reason, an office becomes vacant, the voting members of the governing Board shall nominate and elect a successor to complete the vacant term of office. Such successor shall be a member of the policy-making unit and meet all other qualifica- tions for the vacant office. However, should the vacant office be that of the Chair, a successor shall be elected as provided herein. Any such successor to the office of chair who is elected as provided herein and any Vice Chair who completes the term of Chair, shall not be disqualified from serving as Chair for the next regular term.
POWER AND DUTIES OF OFFICERS
The Chair shall:
a. Preside at regular and special meetings.
b. Appoint committee members as required.
The Vice-Chair shall serve in the absence of the Chair.
The Executive Secretaries shall:
a. Be provided office space within the Tulare County Planning and Development Department, Tulare County Public Works Department and Tulare County Hea 1th Department and sha 11 receive professional and technical direction from the Tulare County Planning and Development Director, Tulare County public Works Director and Tulare County Health
Director.
- 4 - October 11, 2022 Regular Meeting of the Lindsay City Council
b. Prepare the agenda for each meeting and shall distribute it to the members at least seven days before the meeting date. c,, Prepare and print minutes of each meeting and shan dis~ tribute copies to the members at least seven days prior to the following meeting date.
d. Have charge of, handle, and have access to the property of the Association. They shall file with the Association an officiai bond in the amount of Three Thousand Dollars
($3,000).
e. Carry on correspondence at the direction of the Association. Routine correspondence may be carried on by the Executive Secretaries as directed by the Chair without prior reference to the Association. All matters involving the policy of the Association shall be referred to the Association for action. f. Be responsible for maintaining all records of the
Association.
g. Be responsible for preparing all necessary applications, reports and programs.
h. Coordinate the Association's professional planning, transportation and air quality maintenance program activities with those of all levels of government within the County as well as those of other official areawide planning agencies as deemed necessary.
ARTICLE VII BUDGET
Section 1. The annual operating costs of the Association shall be allocated among the members of the Association on the basis of population ratios of the Cities and County. The population ratios shall be determined by use of the State of California Department of Finance population figures certified each year in to the following formula:, Population ,.of member or party "" X%
Total Population of all members or Parties
Such percentage figures shall determine the share of the costs and expenses of the Association to be borne by each member city and the county in the next fiscal year following the 1st day of January after the State Department of Finance population figures are certified. The determination of these percentage figures shall be automatic by the Association staff and included in the proposed budget submitted for adoption by the governing board of the Association for the appropriate year.
- 5 -
October 11, 2022 Regular Meeting of the Lindsay City Council
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
The annuaj budget of the Association shall be prepared on a fiscal _year basis and the fiscal year of the Association shall be the period from July 1st of each year to and including the following June 30th, On or before the 1st day of April of each year, a copy of the proposed budget which has been adopted by the governing board for the next ensuing fiscal year shall be filed with the County and with each of the Cities which is participating in the program. The County and each of the participating Cities shall file a written notification of approval of the budget with the governing board of the Association on or before the 1st day of June. Said budget sha 1l be deemed to have been approved when participating parties which have at least seventy-five percent (75%) of the total population in the County, based on the population figures set forth in Section l above, have given said notice of approva r of the budget. The Cities and the County that have given the aforementioned approval of the budget shall thereafter pay their pro rata share of such budget into the County Treasurer to the credit of the Association in accordance with the percentages set forth in Sect ion 1 above. Each City and the County shall pay one-half (1/2) of such pro rata share into the County Treasury on or before the 15th day of July and the other one-half (1/2) of such pro rata share on or before the 15th day of January.
In the event that any party in the Association refuses to approve an annua 1 budget, in accordance with the pro vis i ans of Section 3 above, such party shall no longer be a party in the Association nor a participant in the program, in accordance with Section 8 hereinbelow. Therefore, the remaining parties in the Association which have approved the annual budget agree to pay over and above their regular payment prescribed above, an additional payment to cover the additional amount required because of the withdrawal of the party, such add it i ona 1 payment to be based on the populations of the remaining parties as set forth in Section l above and to be paid at the same time as the regular payments.
Within thirty (30) days after the close of each fiscal year during which this Association remains in effect, the County Auditor shall prepare for di stri but ion to the County and each of the Cities which have been parties to this Association during the year, an itemized report of all receipts and expenditures which have occurred in this Association during the preceding fiscal year.
In accordance with Section 6505 of the Government Code, an annual audit of the accounts and records of the Association shall be made. The Association shall pay the costs of such audit whether conducted by the County Audi tor or some other
accountant.
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October 11, 2022 Regular Meeting of the Lindsay City Council
Section 7. These By-Laws shan take effect as soon as they have been executed by a sufficient number of the nine (9) political subdivisions which have been designated as potential parties to these By-Laws in the heading and signature lines of these By-Laws to constitute at 1 east seventy-five percent of the population of the entire County 1 based on the population figures in Section 1 above. Any City that does not execute these By-laws shall not be a party to this Association and shall have no rights and duti es whatsoever under these By-laws. Any City which does not become a party to these By-Laws prior to the organizational meeting of the governing board of the Association may become a party thereafter, and have all of the rights and duties of a party, upon executing a copy of these By-Laws and filing it with the governing board of the Association.
Section 8. If any party to these By-Laws does not approve an annual budget of the Association in accordance with Section 3 above, then that party shall cease to be a party to these By-laws as of the 30th day of June fo 11 owing such failure to approve the budget and, after said 30th day of June, such party shall have no rights or duties under these By-Laws and the member or members of the gov- erning board of the Association appointed by that party shall automatically cease to be members on said date. In addition, any party to these By-Laws may, on or before June 1st of any year give written notice to the Association that it is withdrawing from the Association and terminating its rights and duties under the By-Laws, at the end of the fiscal year, and such notice shall have the same effect on the 30th day of June thereafter, as mentioned hereinabove. When any party has ceased to be a party to these By-Laws, it shall not be entitled to again become a party of these By-Laws except upon such terms and conditions as may be imposed by unanimous actions of said remaining parties. Each of the parties to these By-laws hereby agrees that if it should in the future withdraw from the Association and give up its rights and duties under these By-laws, as pro- vided hereinabove, and the Association is not dissolved as a result of such withdrawal , then such withdrawing party waives any refund of contributions previously made by such party to the Association and relinquishes to the Association all right, title and interest it may have in any property of the Association.
Section 9. These By-Laws shall terminate, and the Association shall automatically be dissolved at the end of any fiscal year if, at the · end of the fiscal year, the remaining parties to the Agreement have a total population of less than seventy-five percent (75%) of the total population of the entire County, as set forth in Section 1 above. However, the governing board of the Association shall remain in existence for the sole purpose of winding up the affairs of the Association and payment of all outstanding debts and obligations of the Association and disposing of the assets of the Association. After payment of all outstanding debts and obligations, the funds and property of the Association shall be distributed as follows:
a. The funds of the Association on hand which were contributed by the parties to the Association shall be returned to the - 7 -
October 11, 2022 Regular Meeting of the Lindsay City Council
participating parties in the same iatio as the funds were contributed pursuant to Section I. above.
b. Any property of the Association, other than money, shall be sold and the proceeds of sale distributed in accordance with the provisions of Paragraph a, above.
c. Any unused funds or property which were contributed to the Association by persons other than the parties to these Bylaws shall be returned to the donors and or, if the donors do not wish to have such returned, they shall be disposed of in the manner provided in Paragraph a and/orb, above.
ARTICLE VIII MEETINGS
Section l.
Section 2.
Section 3.
Section 4.
One regular meeting shall be held each month at a time and place designated by the Chair.
Special meetings may be called by the Chair or at the request of a majority ~f the voting members.
All meetings of the Association Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act Government Code section 54950 et seq., and more particularly Government code section 54954.2, as follows:
{a) At least 72 hours (3 days) before the regular meeting, the governing board's agenda containing a brief genera 1 descri pt ion of each item of business to be transacted or discussed, shall be posted on the public bulletin board adjacent to Room 111 of the Tulare County Courthouse, Visalia, California, complete with the time and location of the
meeting.
(b) Action shall be taken only on those items appearing on the posted agenda except under an emergency situation or spe- cial circumstance pursuant to state law regulations. ( c) The agenda sha 11 provide an opportunity for the genera 1 public to directly address the Board on items of interest to the public within the subject matter jurisdiction of the governing board (i.e., TCAG, TPA and Air Quality Planning).
Comments sha 11 be 1 imi ted to five minutes for each i ndi - vidual, ten minutes for an individual representing a group, and thirty minutes overall for the public comment period. (d) Posted notice for special meetings shall be a minimum of twenty-four hours prior to the meeting and as soon as possible for emergency meetings pursuant to state law regulations.
(e} The TCAG Board shall observe all other applicable regula- tions and requirements under the Brown Act.
A quorum shall consist of a majority of voting members. - 8 - October 11, 2022 Regular Meeting of the Lindsay City Council
ARTICLE IX
Section 1.
ARTICLE X
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
AMENDMENT
By•0 laws may be amendEid by :Hi action of th.:: governing board of the Association.
GENERAL RULES OF PROCEDURE
Items to be included in the agenda shall be transmitted to the Executive Secretaries at least twenty (20) calendar days prior to the meeting of the governing board of the Association~ Meeting proceedings shall be in accordance with the Ralph M.
Brown Act, Government Code section 54950 et seq., and shall be confined to the items on the agenda or such "off-agenda" items as allowed under the Ralph M. Brown Act, Government Code section 54954. 2. Public comment sha 11 be taken as provided by and in accordance with the provisions of the Ralph M. Brown Act, Government Code section 54954.3 Minutes of meetings shall be provided to the City Manager o-r City Cl erk of each member city, the county Executive Officer, and each member-and alternate member of the governing board.
No member or officer of the Association shall issue any public statement which purports to be an official attitude or position of the Association, unless such statement is authorized by the Chair or a majority vote of the members.
The Office of the Tulare County Treasurer shall be designated as the depository and custodian of all funds accruing to the Association. The Tulare County Auditor or other authorized accountant shall also be responsible for preparing the annual audit of the accounts and records pursuant to State law. The County Treasurer and County Auditor of the County of Tulare are hereby designated as Treasurer and Auditor, respectively, of the Association and, as such, they shall have the powers, duties and responsibilities specified in Section 6505.5 of the Government Code of the State of California.
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