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 25, 2022, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087.
Persons with disabilities who may need assistance should contact the City Clerk at least 24 hours prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE
Led by Mayor Pro Tem CERROS.
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 Sikh Awareness and Appreciation Month (p. 4)
8.2 Proclamation in Honor of National First Responders Day (p. 5)
9. PRESENTATION ITEMS
9.1 Lindsay High School Associated Student Body (ASB) Update Presented by Jennifer Gonzalez, Lindsay High School ASB Representative
9.2 Introduction of City of Lindsay Multimedia Intern
Presented by Mari Carrillo, Human Resources Manager
October 25, 2022 Regular Meeting of the Lindsay City Council
2 of 3
9.3 Introduction of Public Safety Chaplain
Presented by Chief Rick Carrillo, Director of Public Safety
9.4 Recreation Department/Holiday Events Update
Presented by Milt Stowe, Interim Director of Recreation Services and Stephanie Orosco, Administrative Secretary
10. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
10.1 Minutes from October 11, 2022, Regular Meeting (pp. 6 – 9)
10.2 Warrant List for October 03, 2022 through October 14, 2022 (pp. 10 – 15)
10.3 Consider Minute Order Approval of Resolution 22-58, 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 (pp. 16 – 20)
10.4 Consider Minute Order Approval of Special Event Permit (SEP) No. 22-03 for the 12th Annual Lindsay Rib Cook-Off Competition at Downtown Lindsay on November 05, 2022 (pp. 21 – 47)
10.5 Consider Minute Order Approval of Special Event Permit (SEP) No. 22-04 and Request to Waive Special Event Permit Fee for the 10th Annual Harvest Festival an McDermont X on October 31, 2022 (pp. 48 – 67)
10.6 Consider Minute Order Approval of Agreement between Lindsay Unified School District (LUSD) and the City of Lindsay for Use of the School Resource Officer Vehicles and Authorize City Manager to Execute Any Documents Thereto (pp. 68 – 96)
11. DISCUSSION ITEMS
11.1 City Sign Ordinance Study Session (pp. 97 – 118)
Presented by Neyba Amezcua, Director of City Services & Planning
12. PUBLIC HEARINGS
12.1 First Reading of Ordinance 603, An Ordinance of the City Council of the City of Lindsay Amending Chapters 15.04.010, 15.04.020, 15.04.030, 15.04.040, 15.04.050, 15.04.060,
15.04.070, 15.04.080, 15.04.090, 15.04.120, 15.04.130, and 15.04.140 of Title 15 of the Lindsay Municipal Code, Amending Uniform Building and Related Codes and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 119 – 128)
October 25, 2022 Regular Meeting of the Lindsay City Council
3 of 3
Presented by Neyba Amezcua, Director of City Services & Planning
13. ACTION ITEMS
13.1 Consider the Approval of Additional Funding for City of Lindsay Water Rebate Efficiency Program (pp. 129 – 130)
Presented by Joseph M. Tanner, City Manager
13.2 Consider the Approval of Resolution 22-56, A Resolution of the City Council of the City of Lindsay Authorizing the City of Lindsay to Enter Into An Agreement for Joint Participation in the Permanent Local Housing Allocation (PLHA) Program For Fiscal Years 2020-2025 and to Delegate the County of Tulare as the Administering Local Government for the Program (pp. 131 – 134)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
14. EXECUTIVE (CLOSED) SESSION
14.1 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
14.2 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
15. REQUEST FOR FUTURE ITEMS
16. 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 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 25, 2022 Regular Meeting of the Lindsay City Council
Proclamation
WHEREAS, Sikhs have been living in the United States for more than 100 years; and
WHEREAS, Sikhism is the fifth largest religion in the world; and WHEREAS, Sikh Americans pursue diverse professions and walks of life, making rich contributions to the social, cultural, and economic vibrancy of the United States; and
WHEREAS, the City of Lindsay has an existing population of Sikhs and is committed to respecting the heritage and religions of our diverse community; and
WHEREAS, the faithful service of the local Sikh American Community to the City of Lindsay’s Annual Toy Drive and numerous community events merits high appreciation; and
WHEREAS, today, the City of Lindsay seeks to further the diversity of its community and afford all residents the opportunity to better understand, recognize, and appreciate the rich history and shared experiences of Sikh Americans.
NOW, THEREFORE, BE IT RESOLVED, that I, Ramona Caudillo, Mayor of the City of Lindsay, do hereby proclaim the month of November to be “Sikh Awareness and Appreciation Month”.
IN WITNESS WHEREOF, I hereby set my hand and caused the Seal of the City of Lindsay to be affixed this 25th Day of October of 2022.
LINDSAY CITY COUNCIL
_____________________________
Ramona Caudillo, Mayor
October 25, 2022 Regular Meeting of the Lindsay City Council
Proclamation
WHEREAS, there are more than 25.3 million first responders in the United States; and
WHEREAS, millions of Americans have benefited from the courageous service of first responders across the nation; and
WHEREAS, the men and women who bravely serve as first responders have found themselves on the front lines of emergency incidents, including structure and wildland fires, natural disasters, and a recent pandemic; and WHEREAS, in service to our communities, first responders often risk their own personal safety to rescue others; and
WHEREAS, the families of first responders also make significant sacrifices to support their loved ones’ service; and
WHEREAS, the City of Lindsay recognizes the significant work of its first responders and their families, and we are especially grateful for their service to keep Lindsay safe.
NOW, THEREFORE, BE IT RESOLVED, that I, Ramona Caudillo, Mayor of the City of Lindsay, do hereby proclaim October 28th of 2022, as “First Responder’s Day” in the City of Lindsay.
IN WITNESS WHEREOF, I hereby set my hand and caused the Seal of the City of Lindsay to be affixed this 25th Day of October of 2022.
LINDSAY CITY COUNCIL
_____________________________
Ramona Caudillo, Mayor
October 25, 2022 Regular Meeting of the Lindsay City Council
LINDSAY CITY COUNCIL
REGULAR MEETING AGENDA
MINUTES
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on 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
Present Council Member Serna
Mayor Pro Tem Cerros
Mayor Caudillo
Council Member Flores
Council Member Sanchez
3. PLEDGE
Led by Council Member SERNA.
4. APPROVAL OF AGENDA
Motion to Approve Agenda
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SANCHEZ CERROS (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 25, 2022 Regular Meeting of the Lindsay City Council
• In-person public Comment from Salud Ybarra. He stated that he wanted to apologize for any past misunderstandings related the special event permit for the event at his property. He stated that he believes that having an event in the City of Lindsay will be beneficial. He stated that he suffered a financial lost relative to the denial of his special event permit, however he understands and would like the opportunity to host an event in the future.
6. COUNCIL REPORT
• Council Member SERNA stated that he very much enjoyed attending the Legacy of Labels event this past weekend. He was happy to see that so many people were interested in the history of the City of Lindsay. The event had historic labels that he didn’t know existed and helped him understand what these labels entailed. He shared that Rite-Aid is still providing COVID-19 boosters and vaccinations.
• Mayor Pro Tem CERROS stated he was happy to know that some fellow Council Members attended the Legacy of Labels event. He was also happy to see that the first Community Police Academy meeting went well and has been made aware of many positive comments, he can’t wait to see where it goes.
• Council Member FLORES shared that she participated in an active shooter training at work presented by the Tulare County Sheriff’s Department. She stated that it was alarming to learn how many shootings there have been and how many have not been reported in the recent years. She recommended that the City should look into having active shooter training. • Mayor CAUDILLO stated that she attended a meeting with EKGSA and was informed that due to the lack of water in the state, farmers are having to remove trees from their fields. She reminded everyone that the City is currently on Stage 4 of the Water Conservation Plan. She stated that she also enjoyed attending the Legacy of Labels event and shared that event organizers are selling framed labels for $200 each or a print copy of the label for $30. • Council Member SANCHEZ had no report.
7. CITY MANAGER REPORT
• CITY MANAGER reported that the safe exchange zone will be up and running next week. It is located outside of the Police Department. This program will offer a safe and video recorded location for various exchanges.
• CITY MANAGER reported that he attended the Legacy of Labels event and was very appreciative to see Lindsay’s long history.
• CITY MANAGER reported that the First Police Academy six (6) week course initiated last week and is going very well.
• City MANAGER reported that he was happy that Council Member Flores mentioned active shooter training. He stated that the City holds annual trainings and though it is very emotional, it will be something that the City will doing for its employee.
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.
October 25, 2022 Regular Meeting of the Lindsay City Council
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)
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)
• Item 9.2 was pulled for discussion; it was asked why certain costs were sourced from the water, sewer, and refuse fund and not the General Fund. The Director of Finance and Director of City Services and Planning informed Council and the public that certain charges such as building maintenance, insurance fees, employee uniforms, city services internet, and city services temporary staff members salaries are routinely sourced from the water, sewer, and refuse fund. • Item 9.4 was pulled for discussion; it was asked that Staff confirm that there would in fact only be (3) three bank signers and not four. City Manager confirmed that the three (3) authorized signers will be the Director of Finance, City Manager, and City Clerk. • Item 9.5 was pulled for discussion; it was asked what CSET would be using the Community Center for. The City Clerk confirmed that the majority of CSET’s services consist of programs that are senior citizen oriented.
• Item 9.6 was pulled for discussion; it was asked why Resolution No. 22-55 was being rescinded.
Director of City Services informed that Resolution No. 22-55 was missing certain verbiage which was now included in Resolution No. 22-59.
Motion to Approve Consent Calendar
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SERNA (5-0) AYE AYE AYE NAY AYE
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 October 25, 2022 Regular Meeting of the Lindsay City Council
Motion to Appoint Council Member Serna as the New TCAG Alternate Representative 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO CERROS (5-0) AYE AYE AYE AYE AYE
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
• Study Session on City Sign Ordinance
• Study Session on Right-of-Way Sidewalk Policy
• Bike Lane Analysis
• Update on Sierra Vista Subdivision
• 50’s Dance Community Event
• Possible Amendment to Ordinance 592
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 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 25, 2022 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY | WARRANT LIST 10/14/2022
TRANSACTION DATES: 10/03/2022 THROUGH 10/14/2022
Check# Fund Date Vendor # Vendor Name Description Amount 22173 $616.85
101 ‐ GENERAL FUND 10/14/22 2873 ADVANTAGE ANSWERING 10/01/22‐10/31/22 616.85 22174 $350.00
400 ‐ WELLNESS CENTER 10/14/22 6950 ANA CARRETERO SEPT. 2022 ZUMBA 350.00 22175 $11.06
101 ‐ GENERAL FUND 10/14/22 6952 ANGELA HERNANDEZ UUT REFUND FY 21/22 11.06 22176 $50.00
400 ‐ WELLNESS CENTER 10/14/22 6097 ANGELICA BERMUDEZ SEPTEMBER ZUMBA CLA 50.00 22177 $125.00
400 ‐ WELLNESS CENTER 10/14/22 5819 ANITA GUTIERREZ GROUP FITNESS INSTR 125.00 22178 $1,085.53
552 ‐ WATER 10/14/22 6630 AQUA‐METRIC SALES, 1 1/2" OMNI T2 1,085.53 22179 $81.86
101 ‐ GENERAL FUND 10/14/22 5457 AUTO ZONE COMMERCIA TRACTOR ANTIFREEZE 81.86 552 ‐ WATER 10/14/22 5457 AUTO ZONE COMMERCIA WARRANTY BATTERY RE 133.25 552 ‐ WATER 10/14/22 5457 AUTO ZONE COMMERCIA RETURN CAR BATTERY (133.25) 22180 $588.71
101 ‐ GENERAL FUND 10/14/22 5381 AWAKE SKATE SHOP SAFETY HOODIE MAINT 262.95 101 ‐ GENERAL FUND 10/14/22 5381 AWAKE SKATE SHOP COUNCIL‐POLO SHIRTS 93.07 101 ‐ GENERAL FUND 10/14/22 5381 AWAKE SKATE SHOP C.S. POLO SHIRTS 93.08 101 ‐ GENERAL FUND 10/14/22 5381 AWAKE SKATE SHOP NIKE POLOS 46.54 400 ‐ WELLNESS CENTER 10/14/22 5381 AWAKE SKATE SHOP W.C. POLO SHIRTS 93.07 22181 $600.00
101 ‐ GENERAL FUND 10/14/22 4135 BILL WALL'S DIRECT 6/27/22 SERVER UPDA 60.00 101 ‐ GENERAL FUND 10/14/22 4135 BILL WALL'S DIRECT 8/1/22 SERVER UPDAT 60.00 101 ‐ GENERAL FUND 10/14/22 4135 BILL WALL'S DIRECT AUG. SERVER UPDATES 480.00 22182 $3,047.00
553 ‐ SEWER 10/14/22 051 BSK WASTE WATER TESTING 570.00 553 ‐ SEWER 10/14/22 051 BSK BACTI, MONTHLY ALK/ 2,149.00 556 ‐ VITA‐PAKT 10/14/22 051 BSK VITA‐PAKT WASTE WAT 328.00 22183 $349.00
101 ‐ GENERAL FUND 10/14/22 5013 BUZZ KILL PEST CONT 150 N MIRAGE #150 133.00 101 ‐ GENERAL FUND 10/14/22 5013 BUZZ KILL PEST CONT 157 N MIRAGE #157 33.00 400 ‐ WELLNESS CENTER 10/14/22 5013 BUZZ KILL PEST CONT W.C. GEN PEST SERVI 87.00 886 ‐ SAMOA 10/14/22 5013 BUZZ KILL PEST CONT SAMOA #CLSAMOA 43.00 887 ‐ SWEETBRIER TOWNHOUSES 10/14/22 5013 BUZZ KILL PEST CONT HERMOSA TOWN HOMES 53.00 22184 $409.41
101 ‐ GENERAL FUND 10/14/22 076 CENTRAL VALLEY BUSI BC‐SUEDE FOIL JOSEP 148.75 101 ‐ GENERAL FUND 10/14/22 076 CENTRAL VALLEY BUSI BC‐MANUEL A. 130.33 101 ‐ GENERAL FUND 10/14/22 076 CENTRAL VALLEY BUSI BC‐GESELLE A. 130.33 22185 $4,350.00
261 ‐ GAS TAX FUND 10/14/22 1702 CENTRAL VALLEY SWEE SEP. STREET SWEEPIN 4,350.00 22186 $332.92
400 ‐ WELLNESS CENTER 10/14/22 6500 CHARTER COMMUNICATI OCT. W.C. INTERNET 332.92 22187 $800.00
400 ‐ WELLNESS CENTER 10/14/22 5930 CHRIS ALLARD W.C. SEPT. PM VISIT 800.00 22188 $305.61
101 ‐ GENERAL FUND 10/14/22 5832 CINTAS CORPORATION 10/5/22 UNIFORMS 43.66 101 ‐ GENERAL FUND 10/14/22 5832 CINTAS CORPORATION 10/5/22 UNIFORMS 43.66 101 ‐ GENERAL FUND 10/14/22 5832 CINTAS CORPORATION 10/5/22 UNIFORMS 43.66 552 ‐ WATER 10/14/22 5832 CINTAS CORPORATION 10/5/22 UNIFORMS 43.66 553 ‐ SEWER 10/14/22 5832 CINTAS CORPORATION 10/5/22 UNIFORMS 43.66 554 ‐ REFUSE 10/14/22 5832 CINTAS CORPORATION 10/5/22 UNIFORMS 43.66 556 ‐ VITA‐PAKT 10/14/22 5832 CINTAS CORPORATION 10/5/22 UNIFORMS 43.65 22189 $3,127.75
600 ‐ CAPITAL IMPROVEMENT 10/14/22 2548 CIVICWELL 4‐428 HERMOSA CORRI 3,127.75 October 25, 2022 Regular Meeting of the Lindsay City Council
22190 $589.50
101 ‐ GENERAL FUND 10/14/22 102 CULLIGAN #53249 F.D. SEPT 20 43.50 101 ‐ GENERAL FUND 10/14/22 102 CULLIGAN #53249 H.R. SEPT 20 17.75 101 ‐ GENERAL FUND 10/14/22 102 CULLIGAN #53249 C.M. SEPT 20 10.50 400 ‐ WELLNESS CENTER 10/14/22 102 CULLIGAN W.C. 860 N SEQUOIA 31.25 552 ‐ WATER 10/14/22 102 CULLIGAN 18899 AVE 240 201.50 552 ‐ WATER 10/14/22 102 CULLIGAN 18869 AVE 240 161.00 552 ‐ WATER 10/14/22 102 CULLIGAN 18829 AVE 240 46.50 552 ‐ WATER 10/14/22 102 CULLIGAN 23965 RD 188 46.50 552 ‐ WATER 10/14/22 102 CULLIGAN C.S. 150 N MIRAGE 23.00 553 ‐ SEWER 10/14/22 102 CULLIGAN WWTP‐23611 RD 196 8.00 22191 $7,413.05
553 ‐ SEWER 10/14/22 5741 CUMMINS SALES & SER WWTP UNIT HAD NO PO 7,413.05 22192 $850.00
552 ‐ WATER 10/14/22 6118 CVIN LLC D.B.A. VAS 10/1/22‐10/31/22 283.34 553 ‐ SEWER 10/14/22 6118 CVIN LLC D.B.A. VAS 10/1/22‐10/31/22 283.33 554 ‐ REFUSE 10/14/22 6118 CVIN LLC D.B.A. VAS 10/1/22‐10/31/22 283.33 22193 $4,575.55
553 ‐ SEWER 10/14/22 5978 DOMINO SOLAR LTD JB‐9325693‐00 AUGUS 4,575.55 22194 $3,610.73
400 ‐ WELLNESS CENTER 10/14/22 119 DOUG DELEO WELDING W.C. SUPPLY MATERIA 51.75 553 ‐ SEWER 10/14/22 119 DOUG DELEO WELDING VALVE ANCHOR INSTAL 3,558.98 22195 $9,221.43
552 ‐ WATER 10/14/22 6113 EAST KAWEAH GSA FY2022 #4‐CFF GOVER 9,221.43 22196 $4,615.78
400 ‐ WELLNESS CENTER 10/14/22 6614 ELITE RESTORATION B 9/12/22 CLEANING SV 4,615.78 22197 $7.92
552 ‐ WATER 10/14/22 6951 FLORES JENIFER CLOSED UB ACCT REFU 7.92 22198 $1,720.00
552 ‐ WATER 10/14/22 137 FRIANT WATER AUTHOR FKC ROUTINE OM&R CO 1,720.00 22199 $1,373.03
101 ‐ GENERAL FUND 10/14/22 6010 FRONTIER COMMUNICAT 209‐042‐9309 1.99 101 ‐ GENERAL FUND 10/14/22 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.26 101 ‐ GENERAL FUND 10/14/22 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.26 101 ‐ GENERAL FUND 10/14/22 6010 FRONTIER COMMUNICAT 209‐151‐2652 46.51 101 ‐ GENERAL FUND 10/14/22 6010 FRONTIER COMMUNICAT 209‐151‐2656 46.51 101 ‐ GENERAL FUND 10/14/22 6010 FRONTIER COMMUNICAT 209‐151‐2662 61.50 101 ‐ GENERAL FUND 10/14/22 6010 FRONTIER COMMUNICAT 562‐2512 159.04 552 ‐ WATER 10/14/22 6010 FRONTIER COMMUNICAT 562‐7131 146.87 552 ‐ WATER 10/14/22 6010 FRONTIER COMMUNICAT 562‐1552 111.48 552 ‐ WATER 10/14/22 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.26 552 ‐ WATER 10/14/22 6010 FRONTIER COMMUNICAT 209‐150‐2936 84.64 553 ‐ SEWER 10/14/22 6010 FRONTIER COMMUNICAT 209‐151‐2654 46.51 553 ‐ SEWER 10/14/22 6010 FRONTIER COMMUNICAT 209‐151‐2655 46.51 553 ‐ SEWER 10/14/22 6010 FRONTIER COMMUNICAT 562‐7132 316.92 553 ‐ SEWER 10/14/22 6010 FRONTIER COMMUNICAT 559‐562‐6317 90.61 553 ‐ SEWER 10/14/22 6010 FRONTIER COMMUNICAT 209‐150‐3621 120.91 553 ‐ SEWER 10/14/22 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.25 22200 $300.00
101 ‐ GENERAL FUND 10/14/22 6957 GABINO FLORES ARBOR DEPOSIT REFUN 300.00 22201 $50.00
400 ‐ WELLNESS CENTER 10/14/22 6093 GFIT SEPT 28 STRENTH&BAL 25.00 400 ‐ WELLNESS CENTER 10/14/22 6093 GFIT SEPT 29 CHAIR EXERC 25.00 22202 $100.00
101 ‐ GENERAL FUND 10/14/22 6955 GILBERT CAMACHO ARBOR DEPOSIT REFUN 100.00 22203 $127.90
101 ‐ GENERAL FUND 10/14/22 151 GRAINGER INC BINDER & HOLDER 69.15 101 ‐ GENERAL FUND 10/14/22 151 GRAINGER INC WALL POCKET SUPPLIE 30.08 400 ‐ WELLNESS CENTER 10/14/22 151 GRAINGER INC W.C. DOME DOOR STOP 28.67 22204 $50.00
101 ‐ GENERAL FUND 10/14/22 6604 HIPOLITO CERROS OCT. COUNCIL STIPEN 50.00 October 25, 2022 Regular Meeting of the Lindsay City Council
22205 $225.16
400 ‐ WELLNESS CENTER 10/14/22 1391 HOME DEPOT W.C. CEILING TILES 225.16 22206 $530.00
400 ‐ WELLNESS CENTER 10/14/22 221 HOUSE OF GLASS, LLC W.C. INSULATED GLAS 530.00 22207 $380.50
101 ‐ GENERAL FUND 10/14/22 6958 HUMBERTO LEMUS DUPLICATE CHARGE 380.50 22208 $977.05
101 ‐ GENERAL FUND 10/14/22 185 INTERSTATE SALES 12V 20.8 AH BATTERY 977.05 22209 $650.00
101 ‐ GENERAL FUND 10/14/22 6346 JEFF PFEIFFER SQUIRREL TREATMENT 425.00 101 ‐ GENERAL FUND 10/14/22 6346 JEFF PFEIFFER OLIVE BOWL SQUIRREL 225.00 22210 $100.00
101 ‐ GENERAL FUND 10/14/22 6953 JESSICA JARA ARBOR DEPOSIT REFUN 100.00 22211 $1,867.33
101 ‐ GENERAL FUND 10/14/22 6687 JOSEPH TANNER LEAGUE OF CA CITIES 1,206.38 101 ‐ GENERAL FUND 10/14/22 6687 JOSEPH TANNER BOND BUYER MEETING 660.95 22212 $630.00
553 ‐ SEWER 10/14/22 5335 JUAN GOMEZ WWTP‐OPERATIONS 630.00 22213 $67,678.89
101 ‐ GENERAL FUND 10/14/22 6100 KEENAN & ASSOCIATES OCT. PPO ACTIVE 56,251.32 101 ‐ GENERAL FUND 10/14/22 6100 KEENAN & ASSOCIATES OCT. PPO 250 RETIRE 2,755.17 101 ‐ GENERAL FUND 10/14/22 6100 KEENAN & ASSOCIATES OCT. PPO 500 ACTIVE 8,244.40 101 ‐ GENERAL FUND 10/14/22 6100 KEENAN & ASSOCIATES OCT. COMPLETE CARE 428.00 22214 $2,000.00
101 ‐ GENERAL FUND 10/14/22 2421 TULARE COUNTY LAFCO WWTP‐PROCESSED ANNE 2,000.00 22215 $89.52
101 ‐ GENERAL FUND 10/14/22 4956 LAWRENCE TRACTOR CO MOWER BLADE & FREIG 89.52 22216 $70.00
101 ‐ GENERAL FUND 10/14/22 6948 LEMUS VIRGINIA WATER EFFICIENCY PR 70.00 22217 $2,603.26
400 ‐ WELLNESS CENTER 10/14/22 5788 LINCOLN AQUATICS W.C. LIQUID CHLORIN 915.41 400 ‐ WELLNESS CENTER 10/14/22 5788 LINCOLN AQUATICS W.C. POOL CHEMICALS 714.43 400 ‐ WELLNESS CENTER 10/14/22 5788 LINCOLN AQUATICS W.C. POOL CHEMICALS 973.42 22218 $30.00
101 ‐ GENERAL FUND 10/14/22 6945 LINDSAY MUSEUM AND A NIGHT AT THE MUSE 30.00 22219 $1,925.00
400 ‐ WELLNESS CENTER 10/14/22 6260 LLEON SERVICES CHEMICAL BALANCING 1,800.00 400 ‐ WELLNESS CENTER 10/14/22 6260 LLEON SERVICES INSTAL WEIRS‐THERAP 125.00 22220 $100.00
101 ‐ GENERAL FUND 10/14/22 6954 LUIS ANDRADE ARBOR DEPOSIT REFUN 100.00 22221 $50.00
400 ‐ WELLNESS CENTER 10/14/22 6499 MARGARITA BENITEZ B ZUMBA CLASSES 50.00 22222 $773.00
101 ‐ GENERAL FUND 10/14/22 6949 MARIA CASTRO DUP CHARGE PMT#1036 386.50 101 ‐ GENERAL FUND 10/14/22 6949 MARIA CASTRO DUP CHARGE PMT#1036 386.50 22223 $100.00
400 ‐ WELLNESS CENTER 10/14/22 6599 MARIA EDWARDS ZUMBA CLASSES 100.00 22224 $3,792.07
101 ‐ GENERAL FUND 10/14/22 6550 MARIO SAGREDO ELECT PARKING LOT/CHILD P 1,197.30 400 ‐ WELLNESS CENTER 10/14/22 6550 MARIO SAGREDO ELECT W.C. PLACED OUTLET 209.84 400 ‐ WELLNESS CENTER 10/14/22 6550 MARIO SAGREDO ELECT W.C PARKING LOT LIG 446.48 400 ‐ WELLNESS CENTER 10/14/22 6550 MARIO SAGREDO ELECT W.C PARKING LOT LIG 831.23 400 ‐ WELLNESS CENTER 10/14/22 6550 MARIO SAGREDO ELECT W/C PARKING LOT LIG 763.27 400 ‐ WELLNESS CENTER 10/14/22 6550 MARIO SAGREDO ELECT W.C BANQUET ROOM LA 343.95 22225 $175.00
400 ‐ WELLNESS CENTER 10/14/22 6807 MARISOL DIAZ VELASQ POUND&CYCLING CLASS 175.00 22226 $193.30
400 ‐ WELLNESS CENTER 10/14/22 2735 MEZQUITE NURSERY, I W.C. LIRIOPE GIGANT 193.30 22227 $13,000.00
101 ‐ GENERAL FUND 10/14/22 6947 MOSS, LEVY & HARTZH AUDIT WORK FY 6/30/ 13,000.00 22228 $464.28
101 ‐ GENERAL FUND 10/14/22 5625 NGLIC‐SUPERIOR VISI OCT. 2022 VISION PL 464.28 October 25, 2022 Regular Meeting of the Lindsay City Council
22229 $6,214.39
101 ‐ GENERAL FUND 10/14/22 6956 NOTED TECHNOLOGY SO ADOBEA ACROBAT PRO 6,214.39 22230 $12,015.36
552 ‐ WATER 10/14/22 1991 NTU TECHNOLOGIES, I WTP 926 1,000 GALLO 12,015.36 22231 $13.95
101 ‐ GENERAL FUND 10/14/22 1565 OACYS.COM INC DOMAIN PARKING & DN 13.95 22232 $78.36
552 ‐ WATER 10/14/22 6673 PACE SUPPLY CORP 3/4" 75PSI PRESSURE 78.36 22233 $2,175.67
552 ‐ WATER 10/14/22 6498 PACWEST DIRECT 9/30/22 DBP NOTICES 2,175.67 22234 $1,316.84
101 ‐ GENERAL FUND 10/14/22 6444 PUBLIC AGENCY COALI SEPTEMBER LATE FEES 1,316.84 22235 $4,901.50
553 ‐ SEWER 10/14/22 5684 QUIK‐ROOTER LAND AP SITE‐PUMP U 750.00 553 ‐ SEWER 10/14/22 5684 QUIK‐ROOTER HERMOSA HYDRO SEWER 804.00 553 ‐ SEWER 10/14/22 5684 QUIK‐ROOTER LAND AP SITE‐PUMP O 750.00 553 ‐ SEWER 10/14/22 5684 QUIK‐ROOTER PUMP OUT OXIDATION 485.00 553 ‐ SEWER 10/14/22 5684 QUIK‐ROOTER GOLF COURSE DRAIN C 427.50 553 ‐ SEWER 10/14/22 5684 QUIK‐ROOTER PUMP OUT LIFT STATI 1,685.00 22236 $1,109.01
101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION SHELVING UNIT 297.87 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION OFFICE SUPPLIES 206.83 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION FILE FOLDERS 107.61 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION EMPLOYEE B‐DAY CARD 20.66 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION EMPLOYEE B‐DAY CARD 20.65 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION OPERATING SUPPLIES 56.99 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION OPERATING SUPPLIES 56.99 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION LINER WASTE BAGS 209.87 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION CODING STAMP 15.77 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION CODING STAMP 15.76 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION COPY PAPER 27.18 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION COPY PAPER 27.18 101 ‐ GENERAL FUND 10/14/22 285 QUILL CORPORATION GOLD FOIL SEALS 13.04 400 ‐ WELLNESS CENTER 10/14/22 285 QUILL CORPORATION STAMP FOR AP CODING 32.61 22237 $5,000.00
552 ‐ WATER 10/14/22 6095 RALPH GUTIERREZ WAT SEPT. CPO WATER TRM 2,500.00 553 ‐ SEWER 10/14/22 6095 RALPH GUTIERREZ WAT SEPT. CPO SEWER TRM 2,500.00 22238 $50.00
101 ‐ GENERAL FUND 10/14/22 6602 RAMIRO SERNA OCT. COUNCIL STIPEN 50.00 22239 $75.00
101 ‐ GENERAL FUND 10/14/22 6603 RAMONA CAUDILLO OCT. COUNCIL STIPEN 75.00 22240 $100.00
101 ‐ GENERAL FUND 10/14/22 4452 RAMONA PADILLA ARBOR DEPOSIT REFUN 100.00 22241 $2,538.50
101 ‐ GENERAL FUND 10/14/22 3622 RLH FIRE PROTECTION MCD‐FIRE ALARM MONI 1,858.50 101 ‐ GENERAL FUND 10/14/22 3622 RLH FIRE PROTECTION LIBRARY‐ALARM INSPE 680.00 22242 $50.00
101 ‐ GENERAL FUND 10/14/22 5511 ROSAENA SANCHEZ OCT. COUNCIL STIPEN 50.00 22243 $60.00
101 ‐ GENERAL FUND 10/14/22 6266 SEQUOIA DOOR INC CHANGE COMBO‐REAR D 60.00 22244 $4,200.00
400 ‐ WELLNESS CENTER 10/14/22 6811 SEQUOIAS TREE SERVI TRIM TREES&PALM TRE 4,200.00 22245 $1,592.30
101 ‐ GENERAL FUND 10/14/22 3313 SERVICEMASTER BY BE 674 N MIRAGE BOARD 1,592.30 22246 $300.00
400 ‐ WELLNESS CENTER 10/14/22 3208 SHANNON PATTERSON AQUA,STRENGTH&BALAN 300.00 22247 $5,950.00
400 ‐ WELLNESS CENTER 10/14/22 2133 SHROPSHIRE CONTAINE MIDNIGHT CRANE SERV 1,500.00 400 ‐ WELLNESS CENTER 10/14/22 2133 SHROPSHIRE CONTAINE MIDNIGHT CRANE SERV 3,500.00 400 ‐ WELLNESS CENTER 10/14/22 2133 SHROPSHIRE CONTAINE MIDNIGHT CRANE SERV 950.00 22248 $210.88
101 ‐ GENERAL FUND 10/14/22 5624 SIERRA SANITATION, 10/4‐10/31/22 TOILE 210.88 October 25, 2022 Regular Meeting of the Lindsay City Council
22249 $15,001.65
101 ‐ GENERAL FUND 10/14/22 310 SOUTHERN CA. EDISON 700470455603‐LATE F 48.04 261 ‐ GAS TAX FUND 10/14/22 310 SOUTHERN CA. EDISON 113 W HICKORY 36.84 400 ‐ WELLNESS CENTER 10/14/22 310 SOUTHERN CA. EDISON 740 SEQUOIA AVE 8,427.16 553 ‐ SEWER 10/14/22 310 SOUTHERN CA. EDISON 598 MONTE VISTA LP 43.72 553 ‐ SEWER 10/14/22 310 SOUTHERN CA. EDISON WWTP 23611 RD 196 6,426.97 891 ‐ PELOUS RANCH 10/14/22 310 SOUTHERN CA. EDISON 1250 N PARKSIDE IRR 18.92 22250 $2,494.03
101 ‐ GENERAL FUND 10/14/22 144 THE GAS COMPANY 140 N. MIRAGE 15.68 101 ‐ GENERAL FUND 10/14/22 144 THE GAS COMPANY 251 E. HONOLULU 15.68 101 ‐ GENERAL FUND 10/14/22 144 THE GAS COMPANY 185 N. GALE HILL 17.96 101 ‐ GENERAL FUND 10/14/22 144 THE GAS COMPANY 139 N SWEETBRIAR BB 15.68 400 ‐ WELLNESS CENTER 10/14/22 144 THE GAS COMPANY 740 SEQUOIA BLDG CT 47.57 400 ‐ WELLNESS CENTER 10/14/22 144 THE GAS COMPANY 740 SEQUOIA‐POOL 2,365.78 553 ‐ SEWER 10/14/22 144 THE GAS COMPANY 488 N MT VERNON 15.68 22251 $698.59
400 ‐ WELLNESS CENTER 10/14/22 3396 TK ELEVATOR CORPORA W.C. FULL MAINTENAN 343.66 400 ‐ WELLNESS CENTER 10/14/22 3396 TK ELEVATOR CORPORA W.C. FULL MAINTENAN 354.93 22252 $95,809.00
101 ‐ GENERAL FUND 10/14/22 3511 TULARE COUNTY SHERI FY 22‐23 DISPATCH 95,809.00 22253 $3,457.20
101 ‐ GENERAL FUND 10/14/22 1513 UNITED RENTALS, INC BOOM 60‐64' ARTICUL 1,092.88 101 ‐ GENERAL FUND 10/14/22 1513 UNITED RENTALS, INC BOOM 60‐64' ARTICUL 1,092.88 101 ‐ GENERAL FUND 10/14/22 1513 UNITED RENTALS, INC MESH VESTS 89.28 101 ‐ GENERAL FUND 10/14/22 1513 UNITED RENTALS, INC MESH VESTS 89.28 552 ‐ WATER 10/14/22 1513 UNITED RENTALS, INC BOOM 60‐64' ARTICUL 1,092.88 22255 $14,526.00
101 ‐ GENERAL FUND 10/14/22 5747 UNITED STAFFING 9/11/22 JOSHUA&BRUN 691.20 101 ‐ GENERAL FUND 10/14/22 5747 UNITED STAFFING 9/11/22 JOSHUA&BRUN 723.60 101 ‐ GENERAL FUND 10/14/22 5747 UNITED STAFFING 9/18/22 JOSHUA&BRUN 864.00 101 ‐ GENERAL FUND 10/14/22 5747 UNITED STAFFING 9/18/22 JOSHUA&BRUN 864.00 101 ‐ GENERAL FUND 10/14/22 5747 UNITED STAFFING 9/18/22 JULISSA LUN 734.40 101 ‐ GENERAL FUND 10/14/22 5747 UNITED STAFFING 9/25/22 JOSHUA DUFF 864.00 101 ‐ GENERAL FUND 10/14/22 5747 UNITED STAFFING 9/25/22 JULISSA LUN 745.20 101 ‐ GENERAL FUND 10/14/22 5747 UNITED STAFFING JORGE,ALEXANDER,JOS 864.00 101 ‐ GENERAL FUND 10/14/22 5747 UNITED STAFFING JORGE,ALEXANDER,JOS 864.00 101 ‐ GENERAL FUND 10/14/22 5747 UNITED STAFFING 10/2/22 ALICIA FUEN 216.00 101 ‐ GENERAL FUND 10/14/22 5747 UNITED STAFFING 10/2/22 SANDRA M. 21.60 400 ‐ WELLNESS CENTER 10/14/22 5747 UNITED STAFFING 9/11/22 BRETT MORRI 691.20 400 ‐ WELLNESS CENTER 10/14/22 5747 UNITED STAFFING 9/25/22 BRETT MORRI 864.00 400 ‐ WELLNESS CENTER 10/14/22 5747 UNITED STAFFING 9/18/22 BRETT MORRI 864.00 400 ‐ WELLNESS CENTER 10/14/22 5747 UNITED STAFFING 10/2/22 BRETT MORRI 864.00 552 ‐ WATER 10/14/22 5747 UNITED STAFFING 10/2/22 ALICIA FUEN 216.00 552 ‐ WATER 10/14/22 5747 UNITED STAFFING JORGE,ALEXANDER,JOS 680.40 552 ‐ WATER 10/14/22 5747 UNITED STAFFING SYDNEY‐WATER WASTER 648.00 552 ‐ WATER 10/14/22 5747 UNITED STAFFING SYDNEY‐WATER WASTER 561.60 552 ‐ WATER 10/14/22 5747 UNITED STAFFING SYDNEY‐WATER WASTER 648.00 552 ‐ WATER 10/14/22 5747 UNITED STAFFING SYDNEY‐WATER WASTER 604.80 553 ‐ SEWER 10/14/22 5747 UNITED STAFFING 10/2/22 ALICIA FUEN 216.00 554 ‐ REFUSE 10/14/22 5747 UNITED STAFFING 10/2/22 ALICIA FUEN 216.00 22256 $6,566.42
552 ‐ WATER 10/14/22 2960 UNITED STATES BUREA 5‐07‐20 W428‐LTR1‐P 6,566.42 22257 $3,586.70
552 ‐ WATER 10/14/22 2960 UNITED STATES BUREA 5‐07‐20 W428‐LTR1‐P 3,586.70 22258 $991.80
552 ‐ WATER 10/14/22 356 USA BLUEBOOK CHLORINE FREE REAGE 693.07 552 ‐ WATER 10/14/22 356 USA BLUEBOOK HYDRANT WRENCH 58.23 552 ‐ WATER 10/14/22 356 USA BLUEBOOK VALVE KEY 240.50 22259 $175.72
101 ‐ GENERAL FUND 10/14/22 1041 VERIZON WIRELESS 642065758‐00003 SEP 37.99 101 ‐ GENERAL FUND 10/14/22 1041 VERIZON WIRELESS 642065758‐00003 SEP 22.96 101 ‐ GENERAL FUND 10/14/22 1041 VERIZON WIRELESS 642065758‐00003 SEP 22.96 October 25, 2022 Regular Meeting of the Lindsay City Council
101 ‐ GENERAL FUND 10/14/22 1041 VERIZON WIRELESS 642065758‐00003 SEP 22.96 552 ‐ WATER 10/14/22 1041 VERIZON WIRELESS 642065758‐00003 SEP 22.95 553 ‐ SEWER 10/14/22 1041 VERIZON WIRELESS 642065758‐00003 SEP 22.95 554 ‐ REFUSE 10/14/22 1041 VERIZON WIRELESS 642065758‐00003 SEP 22.95 22260 $100.00
101 ‐ GENERAL FUND 10/14/22 6946 VICTOR GALINDO ARBOR DEPOSIT REFUN 100.00 22261 $1,825.54
101 ‐ GENERAL FUND 10/14/22 368 VOLLMER EXCAVATION, LOAD OF DG 1,825.54 22262 $50.00
101 ‐ GENERAL FUND 10/14/22 4068 YOLANDA FLORES OCT. COUNCIL STIPEN 50.00 22263 $50.00
400 ‐ WELLNESS CENTER 10/14/22 5912 YVETTE DURAN SEPT. 2022 POUND CL 50.00
SUMMARY BY FUNDING SOURCE
101 ‐ GENERAL FUND 213,991.75
261 ‐ GAS TAX FUND 4,386.84
400 ‐ WELLNESS CENTER 40,366.84
552 ‐ WATER 45,595.57
553 ‐ SEWER 34,003.10
554 ‐ REFUSE 565.94
556 ‐ VITA‐PAKT 371.65
600 ‐ CAPITAL IMPROVEMENT 3,127.75
891 ‐ PELOUS RANCH 18.92
TOTAL $ 342,428.36
October 25, 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.: 10.3
MEETING DATE: October 25, 2022
ACTION & RECOMMENDATION
Consider Approval of Resolution 22-58, 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).
BACKGROUND | ANALYSIS
Prior to the COVID-19 pandemic, the Brown Act placed strict requirements on teleconferencing at public meetings. When California entered into a state of emergency due to the COVID-19 pandemic, Governor Newsom loosened the Brown Act restrictions for teleconferencing meetings. However, Governor Newsom’s executive order expired on September 30, 2021, which led to the passage of AB 361.
AB 361 similarly loosens the restrictions on teleconferencing under the Brown Act in times when there is a state of emergency. AB 361 states that when California is in a state of an emergency, the typical teleconferencing rules under the Brown Act do not apply.
On June 14, 2022, the Lindsay City Council was asked to consider the future meeting format of the legislative bodies of the City of Lindsay. The City Council found that there is still a state of emergency that impacts the ability of members to safely meet in person and approved a hybrid meeting format moving forward. The City will have to abide by the rules set forth in AB 361. AB 361 requires that the agenda for virtual or teleconferenced meetings must: (1) give notice of the means by which members of the public may access the meeting and offer public comment; and (2) identify and include an opportunity for all person to attend via a call-in option or an internet-based service option. Additionally, if there is a disruption which prevents members of the public from offering public comments using the call-in option or internet-based service option, the City Council shall take no further action on items appearing on the meeting agenda until public is restored. The City Council cannot require that public comments be submitted in advance of the meeting and must provide an opportunity for the public to offer comment in real time. Lastly, the City Council must make findings via a resolution that there is either a state of emergency or there are local social distancing measures in place. These findings must be made no later than 30 days after the first teleconferenced meeting. Further, every 30 days after the City Council must October 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
find that it reconsidered the circumstances of the state of emergency and that one of the following circumstances exist: (1) the emergency continues to directly impact the ability of members to safely meet in person, or (2) state or local officials continue to impose or recommend measures to propose social distancing.
Because the City Council will hold a hybrid meeting and utilize teleconference at the regular City Council meeting held on October, 2022, it must pass this resolution in order to comply with AB 361. The City Council must then decide if it wishes to continue teleconferencing, and whether it will pass another resolution in 30 days.
FISCAL IMPACT
No fiscal impact.
ATTACHMENTS
• Resolution No. 22-58
October 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-58
NUMBER 22-58
TITLE
MEETING
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)
At a regularly scheduled meeting of the City of Lindsay City Council held on October 25, 2022, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City of Lindsay is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Lindsay’s legislative bodies are open and public, as required by the Ralph M. Brown Act, so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, state and local officials have imposed and recommended social distancing measures in the City of Lindsay, and with the COVID-19 pandemic still surging meeting in person would present imminent risk to health and safety of attendees; and October 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-58
WHEREAS, as a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City of Lindsay shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the City Council hereby proclaims that a local emergency now exists throughout the City, and local and state orders impose and recommend social distancing in the City of Lindsay, and with the COVID-19 pandemic still surging meeting in person would present imminent risk to health and safety of attendees.
SECTION 3.
SECTION 4.
SECTION 5.
The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
The staff and legislative bodies of the City of Lindsay are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the adoption of this Resolution; or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Lindsay may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
October 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-58
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE October 25, 2022
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
FRANCESCA QUINTANA RAMONA CAUDILLO
CITY CLERK MAYOR
October 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Curtis Cannon, Planning Manager
DEPARTMENT: City Services, Planning
ITEM NO.: 10.4
MEETING DATE: October 25, 2022
ACTION & RECOMMENDATION
Consider Minute Order Approval of Special Event Permit (SEP) No. 22-03 for the 12th Annual Lindsay Rib Cook-Off Competition at Downtown Lindsay on November 05, 2022.
BACKGROUND | ANALYSIS
The Rib Cook-Off Committee (hereto referred to as “Applicant”) has requested street closures for a portion of Honolulu Street, between Sweetbrier Avenue and Mirage Avenue, and a portion of Elmwood Avenue, between 4:00 AM and 5:00 PM on Saturday, November 05, 2022, for the 12th Annual Lindsay Rib Cook-Off Barbeque Competition. City Staff will place barricades to demonstrate street closures as well as provide lights and generators at specified locations on the morning of November 04, 2022. There will be four (4) food vendors, six (6) merchandise vendors, and three (3) informational vendors for the event. The Applicant anticipates that approximately thirty (30) cooks will participate in the Rib Cook-Off.
Cooks and their grills and other equipment will be located primarily along Honolulu Street. Live musical performances will take place between 12:00 PM and 4:00 PM on a stage located on at the intersection of Elmwood Avenue and Honolulu Street. A DJ will be playing music at the intersection of Sweetbriar Avenue and Honolulu Street. Mid Valley Disposal will provide trash receptacles for the event. 6 portable restrooms and enough hand washing stations for participants and event patrons will be provided.
Additionally, bounce houses will be located at Sweetbriar Plaza. Proceeds from the event will go towards the Annual Lindsay Public Safety Santa Night, Healthy Start, College Scholarships, and Sports Teams.
This event is considered a Class V Event since it will host greater than 500 attendees, involves the sale alcohol, and involves street closures. It will be subject to the following conditions of approval and must be approved by the Lindsay City Council.
Conditions of Approval
• Completed Special Event Permit Application must be submitted. • Complete Site Plan must be submitted.
• Circulation Plan to be completed by the City of Lindsay. • Waste Management Plan must be submitted at least 24 hours prior to the event. • Security/Safety Plan with a minimum of six (6) security guards with one (1) designated to the alcohol sales area is required.
October 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
• Street Closure Information to be completed by the City of Lindsay. • Alcohol Management Plan must be submitted at least 24 hours prior to the event. o ABC License approved by the Public Safety Director must be submitted at least 24 hours prior to the event.
o One (1) security guard at the sales area for alcohol and ID check is required. o Non-Transferrable wrist band for those purchasing alcohol is required. • Generators must be in areas where attendees are unlikely to come in contact with them. • Proof of passage of City of Lindsay Fire Department inspection required at least 24 hours prior to the event.
• Proof of passage of City of Lindsay Building and Safety Inspection required at least 24 hours prior to the event.
o Size of Stages must be inspected and approved by the City’s Building Division at least 24 hours prior to the event.
• 6 Portable restrooms and enough hand washing stations that are ADA compliant is required. • Certificate of Insurance must be submitted.
o Certificate must indemnify the City of Lindsay.
o Certificate must be a $2 Million Dollar General Liability and $3 Million Aggregate policy.
• County Health Department approval or exemption is required and must be submitted at least 24 hours prior to the event.
Please note – at time of publication of this report, Staff was awaiting a copy of Applicants’ Waste Plan, Security/Safety Plan, and Certificate of Insurance.
FISCAL IMPACT
The City’s General Fund will benefit from a total of $375.00 of fees consisting of the following: 1) SEP fee of $175.00, 2) Fire Inspection fee of $100, and 3) Building/Safety Inspection fee of $100. City Services will coordinate with the Applicant for the rental and bill the Applicant for the corresponding service fees for usage of City staff, lights, and barricades if applicable.
ATTACHMENTS
• Special Event Permit Application
• ABC License
• Site Plan
• Site Maps
• Circulation Plan
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
Mirage
Honolulu
Alley Alley
Alley
Alley
Elmwood
Sweetbriar
Rail Road Tacks
Portiville Citrus
Vacant Lot
The Orange
LiquorStore
Chevron City Hall
Mt.Whitney
DressShop
CabreraJewelry
ElPatio
WildBills
Palmer
SolDeValle
GutieurezAuto
Joil
Old Napa Auto Parts
China's
LosPatrones
BankSafe
Store
ParkingLot
Stage
Beer Trailer generator generator
Barriades
Barricades
up to the
stop sign
AA
BB
44332211
October 25, 2022 Regular Meeting of the Lindsay City Council
Event Area Limits
October 25, 2022 Regular Meeting of the Lindsay City Council
CAR SHOW DESIGNATED AREA
October 25, 2022 Regular Meeting of the Lindsay City Council
STAGE
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Curtis Cannon, Planning Manager
DEPARTMENT: City Services, Planning
ITEM NO.: 10.5
MEETING DATE: October 25, 2022
ACTION & RECOMMENDATION
Consider Minute Order Approval of Special Event Permit (SEP) No. 22-04 and Request to Waive Special Event Permit Fee for the 10th Annual Harvest Festival an McDermont X on October 31, 2022.
BACKGROUND | ANALYSIS
Special Event Permit No. 22-04 is a request from The Spirit and the Bride Kingdom Coalition (hereto referred to as “Applicant”) to host the annual Harvest Festival October 31, 2022. Set up for the event would take place on Monday, October 31, 2022, from 12:00 PM – 5:00 PM. The event activities will take place from 5:00 PM – 8:30 PM. The Lindsay Chamber of Commerce is the partner host for this event.
The event is free of charge and will be open to the public. It is anticipated that there will be approximately 1,000 attendees. The event will have booths from churches, ministries, businesses, and non-profit organizations. The event will focus on Lindsay children and provide them with candy, games, a costume contest and information from various organizations.
This year’s Festival will be held at McDermont X, 365 North Sweetbriar Avenue. This will be considered a Class V Event as it is expected that there will be more than 500 attendees. No alcohol will be sold or provided at this event. This event is considered a mid-level, low-risk event as all activities will be accommodated inside the facility, and trash/recycling and restrooms are all inside said facility. The event will be subject to the following conditions of approval and must be approved by the Lindsay City Council.
Conditions of Approval
• Completed Special Event Permit Application must be submitted. • Complete Site Plan must be submitted at least 24 hours prior to the event. • Restrooms to be provided on-site at the Facility.
• Proof of passage of City of Lindsay Fire Department inspection required at least 24 hours prior to the event.
• Proof of passage of City of Lindsay Building and Safety Inspection required at least 24 hours prior to the event.
• Certificate of Insurance must be submitted.
o Certificate must indemnify the City of Lindsay.
October 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
o Certificate must be a $2 Million Dollar General Liability and $3 Million Aggregate policy.
Please note – at time of publication of this report, Staff was awaiting copy of Applicants’ Safety Plan.
FISCAL IMPACT
If Council approves the fee waiver for SEP No. 22-04, the City will not generate $175 in revenues incurred by the special event permit fee.
ATTACHMENTS
• Special Event Permit Application
• Site Plan
• Certificate of Insurance
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
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.
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.
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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
2/22/2022
License # 0C36861
(509) 343-9550
15580
McDermont Venture, Inc.
150 Monte Vista
Lindsay, CA 93247
11991
A 1,000,000
X KKI0000026174800 1/1/2022 1/1/2023 300,000
1,000,000
5,000,000
2,000,000
LEGAL LIABILITY 1,000,000
B 1,000,000
XKO0000026174900 1/1/2022 1/1/2023 1,000,000
City of Lindsay is Additional Insured with respects to General Liability. Coverage extends to special events.
City of Lindsay
c/o Joe Tanner, City Manager
PO Box 369
Lindsay, CA 93247
MCDEVEN-01 MBAKER
San Diego-Alliant Insurance Services, Inc.
701 B St 6th Fl
San Diego, CA 92101
Maddison Meredith
[email protected]
Scottsdale Indemnity Company
National Casualty Company
X
X
X
X
X
October 25, 2022 Regular Meeting of the Lindsay City Council
CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 11 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – MANAGERS OR
LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designation Of Premises (Part Leased To You):
Name Of Person(s) Or Organization(s) (Additional Insured):
Additional Premium:
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 arising out of the ownership, maintenance or use of that part of the premises
leased to you and shown in the Schedule and
subject to the following additional exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after you
cease to be a tenant in that premises.
2. Structural alterations, new construction or
demolition operations performed by or on behalf
of the person(s) or organization(s) shown in the
Schedule.
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 is added to
Section III – 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.
ANY PERSON OR ORGANIZATION TO WHOM YOU ARE OBLIGATED BY VALID WRITTEN CONTRACT TO PROVIDE SUCH COVERAGE.
INCLUDED
October 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Rick Carrillo, Director of Public Safety
DEPARTMENT: Public Safety
ITEM NO.: 10.6
MEETING DATE: October 25, 2022
ACTION & RECOMMENDATION
Consider Minute Order Approval of Agreement between Lindsay Unified School District (LUSD) and the City of Lindsay for Use of the School Resource Officer Vehicles and Authorize City Manager to Execute Any Documents Thereto.
BACKGROUND | ANALYSIS
For decades the City of Lindsay has partnered with the Lindsay Unified School District (hereto referred to as “LUSD”) in providing a School Resource Officer (hereto referred to as “SRO”) designated primarily to their campuses within the City. This year LUSD agreed to support the funding for a second School Resource Officer and approved the funding of two patrol vehicles for the SRO’s up to $90,000. The vehicles will be similar to the current patrol vehicle paint scheme, with minor additions identifying their purpose as School Resource Officer vehicles. The vehicles will comply with the California Vehicle Code with regard to markings, lightings, and sirens. At the conclusion of the 5-year term, the City may return the vehicles to LUSD, or purchase them at fair market value. The agreement attached to this report sets forth the terms of the SRO program and use of the SRO vehicles. The agreement is a stand-alone document, separate from the School Resource Officer agreement held amongst the two parties and entered into on July 01, 2022.
Staff recommends that Council approve the agreement and grant the City Manager authorization to execute any documents thereto to ensure that the program succeeds.
FISCAL IMPACT
There is no cost incurred by the City for approval of this item. The agreement denotes that shall reimburse the City for the purchase price of the Vehicles, not to exceed ninety thousand dollars ($90,000.00). The City will incur all costs associated with the maintenance and paint schemes of the SRO vehicles.
ATTACHMENTS
• LUSD and City of Lindsay Agreement for Use of SRO Vehicles and Accompanying Exhibit October 25, 2022 Regular Meeting of the Lindsay City Council
1 AGREEMENT
LINDSAY UNIFIED SCHOOL DISTRICT
AND THE
CITY OF LINDSAY
THIS AGREEMENT (“Agreement”) shall take effect on October 25, 2022, between the City of Lindsay (“City”), and the Lindsay Unified School District (“District”), which may each be referred to herein as “Party” or collectively as “Parties”.
RECITALS
A. Whereas, the Parties entered into an agreement on October 25,_2022__, setting forth the terms of the school resource officer (“SRO”) program (“SRO Program”) (Attached as Exhibit “A”). It is not the intent of the Parties to incorporate Exhibit A into this Agreement by reference. It is the intent of the Parties that this Agreement and Exhibit A are separate standalone agreements. In coordination with the SRO Program, the Parties desire to enter this Agreement to benefit the SRO Program.
B. Whereas, presently, SROs do not have District purchased or funded vehicles, to fulfill their duties for the District.
C. Whereas, providing the SRO’s vehicles will ensure the needed equipment for the SRO Program.
D. Whereas, the Parties desire to set forth the terms and responsibilities of the Parties with respect to the purchase, use, and maintenance of the vehicles.
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties hereby agree as follows:
1. Recitals. The above recitals are true and correct.
2. Term of the Agreement. The term of this Agreement shall begin as of the date of execution, and unless terminated as provided in Section 11, this Agreement shall remain in effect until August 31, 2027.
3. Purchase of Vehicle. City will purchase two (2) vehicles [(1) 2020 and (1) 2021 Ford Explorer] (“Vehicles”), for the use of the District SRO officers as set forth in this Agreement, and will hold title to the Vehicles in the City’s name. City shall be the sole owner of the Vehicles.
Prior to the purchase, the City will have a qualified individual inspect the Vehicles to ensure they are in good working order.
4. Cost of Vehicle. The District shall reimburse the City for the purchase price of the Vehicles, not to exceed ninety thousand dollars ($90,000.00) total for both vehicles.
October 25, 2022 Regular Meeting of the Lindsay City Council
2 5. Vehicles Use. The City shall only use the Vehicles for the benefit of the District SRO Program, consistent with the City’s current vehicle use policy, unless otherwise approved by the District Superintendent or designee in writing.
6. Vehicles Registration and Maintenance. City shall register the Vehicles with the California Department of Motor Vehicles and comply with all legal requirements applicable to ownership, use, and maintenance of the Vehicles. City shall be responsible for all costs of registering the Vehicles and complying with all legal requirements applicable to the ownerships, use, and maintenance of the Vehicles. This includes, but is not limited to, all maintenance, including but not limited to regular wear and tear, consistent with the manufacturer recommendations, gas costs, and repairs.
7. Insurance. City will insure the Vehicles, naming the District, and its agents, representatives, officers, consultants, employees, and the Board of Trustees (individually and collectively, the “District Parties”) as an additional insured, during the term of this Agreement and any extension of time to the term of this Agreement. The City shall be solely responsible for the cost of the insurance. Following the Vehicles’ purchase, the City shall obtain and maintain in force during the term of this Agreement, (i) comprehensive general liability insurance with limits of not less than $2,000,000 each occurrence and $4,000,000 in the aggregate; (ii) commercial automobile liability insurance with limits not less than $1,000,000 each occurrence and $1,000,000 in the aggregate, if applicable; and (iii) worker’s compensation insurance as required by Labor Code section 3200, et seq., if applicable. The City’s insurance coverage required under this Agreement shall constitute primary coverage for any bodily injury, property damage and personal injury arising out of a Party’s alleged or actual omission, act or negligence in the performance or failure to perform its obligations while operating the Vehicles. Neither the existence of any of the insurance coverages required under this Agreement nor the minimum coverage limits specified herein with respect to any such coverage, shall be deemed to limit or restrict in any way the City’s liability arising under this Agreement. All insurance policies shall include an endorsement stating that District and District Parties are named additional insureds. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to District.
If such a notice is not given or even if District receives a notice, District may, at its sole option, terminate this Agreement. All insurance policies shall include an endorsement stating that it is primary to any insurance or self-insurance maintained by District. A copy of the declarations page of City’s insurance policies shall be attached to this Agreement as proof of insurance.
In the event of a total loss of either or both Vehicles, the District shall be entitled to any and all proceeds.
8. Disposition of Vehicles at the End of Agreement . Upon expiration of the term of this Agreement or termination pursuant to Section 11, City shall, within in thirty (30) days of expiration or termination of the Agreement, either: (1) pay District the fair market value of the Vehicles or (2) transfer the ownership title of the Vehicles to the District after removal of the emergency vehicle equipment as required by applicable law.
October 25, 2022 Regular Meeting of the Lindsay City Council
3 9. Decals and Identifiable Logos on Vehicle. The City shall install District logos and decals on the Vehicles. The District will have final approval on any identifiable logos or decals related to and representing the District before they are placed on the Vehicles.
10. Indemnification. To the extent not inconsistent with Exhibit A, City agrees to indemnify, defend and hold harmless the District and its agents, board members, elected and appointed officials, officers, directors, employees, volunteers and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) of whatever kind or nature, which arise out of or are in any way connected with any act or omission of the City, its officers, directors, agents, employees, independent contractors, or authorized representatives related to this Agreement. However, the District shall not be indemnified hereunder for any loss, liability, damage, or expense resulting from the sole negligence, gross negligence, intentional acts, or willful misconduct of the District or its employees. The indemnity provisions of this Agreement shall survive the termination or expiration of this Agreement.
11. Termination of Agreement. Either Party may terminate this Agreement for convenience up sixty (60) days prior written notice to the other Party.
12. Dispute Resolution. District and City shall use their best efforts to mutually resolve any disputes which may arise between the parties relating to this Agreement. The Parties understand and acknowledge that using their best efforts to mutually resolve any dispute may include meeting with the other Party to discuss grievances; not making assumptions without speaking to the other Party; not making unilateral decisions on how to resolve a grievance; and using good faith efforts to come to an amicable resolution. If there is no resolution to the dispute following the Parties’ best efforts, either District or City may file an action in a court of law.
13. Applicable Law. The City shall provide the services and payments specified in this Agreement in accordance with any applicable federal and state statutes, regulation and directives.
14. Governing Law and Venue. This Agreement and all documents provided for herein and the rights and obligations of the Parties hereto shall be governed in all respects, including validity, interpretation, and effect, by the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any right or duty hereunder shall be Tulare County, California.
15. No Authority to Bind. It is understood that neither Party, in its performance of any and all duties under this Agreement, has authority to bind the other Party to any agreements or undertakings with respect to any and all persons or entities with whom such Party deals in the course of its business.
16. No Agency. Neither Party shall be deemed to be the agent of the other in the performance of any of the duties or obligations of this Agreement.
17. Entire Agreement. This Agreement, including all recitals, constitutes the entire agreement and understanding of the Parties regarding the subject matter of this agreement and October 25, 2022 Regular Meeting of the Lindsay City Council
4 supersedes any previous agreements regarding this subject matter, written or oral, between the Parties, with the exception of the Agreement.
18. Amendments. This Agreement may be amended or modified only by the mutual written agreement by the Authorized Agent of the Parties.
19. Authorized Agent. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the Department shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or equivalent.
20. Severability. If any term or provision of this Agreement is determined to be unlawful or in conflict with any law of the State of California, the validity of the remaining portions or provisions shall not be affected. Each term or provision of the Agreement shall be valid and enforced as written to the fullest extent permitted by law.
21. Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either Party to this Agreement by the other Party shall be in writing and shall be deemed properly delivered, served or given when personally delivered to the Party to whom it is directed or, in lieu of such personal service, fortyeight (48) hours after deposit in the United States mail, first class, postage prepaid, or twenty-four (24) hours after delivery to a receipted, overnight delivery service, i.e., Federal Express, addressed as follows:
To City:
_____________________
_____________________
_____________________
Telephone:
Fax:
Email:
To District:
_____________________
_____________________
_____________________
Telephone:
Fax:
Email:
22. Execution of Other Documents. The Parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.
23. Not a Joint Venture or Joint Powers Authority. The Parties intend by this Agreement to establish only an arrangement with regard to Vehicles’ payment, management and October 25, 2022 Regular Meeting of the Lindsay City Council
5 use for school district purposes, and do not intend to create a joint powers agency, partnership, joint venture, or joint enterprise of any kind.
24. No Third-Party Beneficiary. This Agreement is only for the benefit of the Parties as public entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.
25. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
26. Compliance with Law. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. The Parties agree that they shall comply with all legal requirements for the performance of duties under this Agreement.
27. Records and Audit. City shall maintain complete and accurate records with respect to the maintenance and repair costs incurred under this Agreement. All such records shall be prepared in accordance with generally accepted accounting procedures. Upon request, City shall make such records available to District for the purpose of auditing and copying such records for a period of five (5) years from the date of final payment under this Agreement.
28. Board and City Council Approval. The effectiveness of this Agreement is contingent upon approval by District’s Board of Trustees and the City’s Council.
29. Signature Authority. Each person executing this Agreement on behalf of a Party represents and warrants that he or she is duly authorized by such Party to execute and deliver this Agreement on behalf of such Party and that this Agreement is binding upon the Party in accordance with its terms.
30. Conflict of Interest. The parties to this Agreement have read and are aware of the provisions of Section 1090 et seq. and Section 87100 of the Government Code relating to conflict of interest of public officers and employees. All parties hereto agree that they are unaware of any financial or economic interest of any public officer or employee of City relating to this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year written below.
Signed:__________________________ Date:_______________
City of Lindsay
October 25, 2022 Regular Meeting of the Lindsay City Council
6 Signed:__________________________ Date:_______________ Lindsay Unified School District
Approved by District Governing Board:_________________________ Approved by City Council: ____________________________
October 25, 2022 Regular Meeting of the Lindsay City Council
7 EXHIBIT A
SRO AGREEMENT
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 2022 Regular Meeting of the Lindsay City Council
October 25, 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
12.1 MEETING DATE: October 25, 2022
ACTION & RECOMMENDATION
First Reading of Ordinance 603, An Ordinance of the City Council of the City of Lindsay Amending Chapters 15.04.010, 15.04.020, 15.04.030, 15.04.040, 15.04.050, 15.04.060, 15.04.070, 15.04.080,
15.04.090, 15.04.120, 15.04.130, and 15.04.140 of Title 15 of the Lindsay Municipal Code, Amending Uniform Building and Related Codes and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only.
BACKGROUND | ANALYSIS
The State of California adopts the California Building Codes (Building, Mechanical, Electrical and Plumbing) as part of the California Building Standards every three years. The 2019 California Building Codes were published on July of 2019 and became effective statewide on January of 2020. Every three years the codes for building construction are updated and adopted by the State to meet new technological changes and address any new issues and/or needs. The Building Standards Commission is responsible for updating these complex building standards. Each City or County is required to adopt said codes. The process for amending the Lindsay Municipal Code as proposed by Ordinance No. 603 is outlined in Section 3.09 of the Lindsay City Charter.
The public hearing for the first reading of Ordinance No. 603 is a request by City staff to amend chapters
15.04.010, 15.04.020, 15.04.030, 15.04.040, 15.04.050, 15.04.060, 15.04.070, 15.04.080, 15.04.090,
15.04.120, 15.04.130, and 15.04.140 of Title 15 ‘Building and Construction’ of the Lindsay Municipal Code the Lindsay Municipal Code adopting the 2022 California Building Standards. The first reading of this Ordinance was duly noticed in the Porterville Recorder on October 15, 2022.
Should the City Council approve the first reading of Ordinance No. 603 as well as a future second reading, thus adopting Ordinance No. 603, the below new codes will be effective as of January 01, 2023. • California Administrative Code, 2022 Edition
• California Building Code 2022 Edition
• California Residential Code 2022 Edition
• California Electrical Code 2022 Edition
• California Mechanical Code 2022 Edition
• California Plumbing Code 2022 Edition
• California Energy Code 2022 Edition
October 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
• California Fire Code based on the 2022 IFC
• California Green Building Standards Code, 2022 Edition • California Referenced Standards Code 2022 Edition
• California Historical Building Code 2022 Edition
• California Existing Building Code 2022 Edition
FISCAL IMPACT
No fiscal impact to approve this action.
ATTACHMENTS
• Ordinance No. 603 – Redline Copy
October 25, 2022 Regular Meeting of the Lindsay City Council
ORDINANCE NO. 603
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING CHAPTER 15.04 OF THE LINDSAY MUNICIPAL CODE, AMENDING
BUILDING AND CONSTRUCTION
Section 1. PURPOSE. The provisions of this ordinance are intended to amend the Lindsay Municipal Code to adopt the required 2022 California Building Standards.
Section 2. CODE AMENDMENT. Lindsay Municipal Code Title 15 is hereby amended to read in their entirety as follows:
Chapter 15.04.010
Building Code
15.04.010 Building Code
That certain code in book form to which more particular reference is herein made, regulating the construction, erection, alteration, repair, removal, demolition, conversion, equipment, use, height, area and maintenance of buildings in the City of Lindsay, together with the amendments thereof, herein specifically set forth, together with the penalty herein set forth to be known as the Building Code complied by and adopted by the International Code Council, Inc., together with the following appendix Chapters A, B, C, D, F, G, H, I, K, L; the entire Chapter of California Part 8 Historical Building with Appendix A and the 202219 California Existing Building Code Part 10, thereto is hereby adopted and enacted by the Council of the City of Lindsay, to all intents and purposes and to the same effect as if each and every sentence, paragraph, work and clause in said code mentioned are referred to herein or therein were fully and specifically set forth herein, with the exception of the penalty provision thereof. A copy of these documents know as the Building Code of the City of Lindsay, shall be on file in the office of the Building Official (City Services Department), and shall be available for public inspection during normal business hours of the City of Lindsay.
Chapter 15.04.020
Mechanical Code
15.04.020 Mechanical Code
October 25, 2022 Regular Meeting of the Lindsay City Council
That certain code in book form to which more particular reference is herein made regulating the installation and maintenance of heating, ventilating, cooling and refrigeration systems, to be known and referred to as the 202219 California Mechanical Code is hereby adopted and enacted by the Council of the City of Lindsay as an ordinance of the City of Lindsay, to all intents and purposes and to the same effect as if each and every senten ce, comma, paragraph, work, phrase, and clause in said code mentioned or referred to herein or herein were and ea ch thereof was fully and specifically set forth herein. A copy of these documents knowknown as the Mechanical Code of the City of Lindsay, shall be on file in the office of the Building Official (City Services Department), and shall be available for public inspection during normal business hours of the City of Lindsay.
Chapter 15.04.030
Plumbing Code
15.04.030 Plumbing Code
A. That certain code in book form to which more particular reference is hereinafter made, regulating the business of plumbing, and the installation of plumbing fixtures and appliances, to be known and referred to as the 202219 California Plumbing Code, is hereby adopted and enacted by the Council of the City of Lindsay as an ordinance of the City of Lindsay, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, work, phrase, and clause in said code mentioned or referred to herein or herein were and each thereof was fully and specifically set forth herein. A copy of these documents knowknown as the Plumbing Code of the City of Lindsay, shall be on file in the office of the Building Official (City ServNices Department) of the City of Lindsay, and shall be available for inspection and review by the public during normal business hours.
Chapter 15.04.040
Electrical Code
15.04.040 Electrical Code
The 202219 Edition California Electrical Code, published by the California Building Standards Commission, including all amendments and appendices, is hereby adopted by reference as the Electrical Code of the City. This shall be the code for regulating and October 25, 2022 Regular Meeting of the Lindsay City Council
providing minimum standards for the protection of the public health, safety and welfare regarding the installation, alteration, addition, repair, relocation, replacements maintenance or use of electrical systems in the City of Lindsay and providing for the issuance of permits and collection of fees as hereinafter set forth and adopted by the governing body. A copy of these documents, known as the Electrical Code of the City of Lindsay, shall be on file in the office of the Building Official(Official (City Services Department) of the City of Lindsay, and shall be available for inspection and review by the public during normal business hours.
Chapter 15.04.050
Fire Code
15.04.050 Fire Code
There is hereby adopted by the Council of the City of Lindsay for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the California Fire Code, published by the International Code Council, Inc. being particularly the 202219 Edition thereof together with the following appendices thereto. A copy of these documents, known as the Fire Code of the City of Lindsay, shall be on file in the office of the Building Official (City Services Department) of the City of Lindsay, and shall be available for inspection and review by the public during normal business hours.
Chapter 15.04.060
Energy Code
15.04.060 Energy Code
That certain code in book form to which more particular reference is made, together with the amendments thereof, herein specifically set forth, known as the 202219 Edition of the California Energy Code, compiled by and adopted by the International Code Council, Inc., thereto is hereby adopted and enacted the Council of the City of Lindsay, to all intents and purposes and to the same effect as if each and every sentence, paragraph, work and clause in said code mentioned are referred to herein or therein were fully and specifically set forth herein, with the exception of the penalty provision thereof. A copy of these documents, known as the Energy Code of the City of Lindsay, shall be on file in October 25, 2022 Regular Meeting of the Lindsay City Council
the office of the Building Official (City Services Department) of the City of Lindsay, and shall be available for inspection and review by the public during normal business hours.
Chapter 15.04.070
Green Building Code
15.04.070 Green Building Code
That certain code in book form to which more particular reference is made, together with the amendments thereof, herein specifically set forth, known as the 202019 California Green Building Standards, compiled by and adopted by the International Code Council, Inc., thereto is hereby adopted and enacted the Council of the City of Lindsay, to all intents and purposes
and to the same effect as if each and every sentence, paragraph, work and clause in said code mentioned are referred to herein or therein were fully and specifically set forth herein, with the exception of the penalty provision thereof. A copy of these documents, known as the Green Building Code of the City of Lindsay, shall be on file in the office of the Building Official (City Services Department) of the City of Lindsay, and shall be available for inspection and review by the public during normal business hours.
15.04.080
Residential Code
15.04.080 Residential Code
That certain code in book form to which more particular reference is made, together with the amendments thereof, herein specifically set forth, known as the 202219 California Residential Code, compiled by and adopted by the International Code Council, Inc., thereto is hereby adopted and enacted the Council of the City of Lindsay, to all intents and purposes and to the same effect as if each and every sentence, paragraph, work and clause in said code mentioned are referred to herein or therein were fully and specifically set forth herein, with the exception of the penalty provision thereof. A copy of these documents, known as the Residential Code of the City of Lindsay, shall be on file in the office of the Building Official (City Services Department) of the City of Lindsay, and shall be available for inspection and review by the public during normal business hours.
Chapter 15.04.090
October 25, 2022 Regular Meeting of the Lindsay City Council
Referenced Standards Code
15.04.090 Referenced Standards Code
That certain code in book form to which more particular reference is made, together with the amendments thereof, herein specifically set forth, known as the 202219 California Referenced Standards Code, compiled by and adopted by the International Code Council, Inc., thereto is hereby adopted and enacted the Council of the City of Lindsay, to all intents and purposes and to the same effect as if each and every sentence, paragraph, work and clause in said code mentioned are referred to herein or therein were fully and specifically set forth herein, with the exception of the penalty provision thereof. A copy of these documents, known as the Referenced Standards Code of the City of Lindsay, shall be on file in the office of the Building Official (City Services Department) of the City of Lindsay, and shall be available for inspection and review by the public during normal business hours.
Chapter 15.04.120
Rename Penalty For Violation to California Administrative Code
15.04.120 Rename Penalty For Violation to California Administrative Code That certain code in book form to which more particular reference is made, together with the amendments thereof, herein specifically set forth, known as the 2022 19 Administrative Code, compiled by and adopted by the International Code Council, Inc., thereto is hereby adopted and enacted the Council of the City of Lindsay, to all intents and purposes and to the same effect as if each and every sentence, paragraph, work and clause in said code mentioned are referred to herein or therein were fully and specifically set forth herein, with the exception of the penalty provision thereof. A copy of these documents, known as the Administrative Code of the City of Lindsay, shall be on file in the office of the Building Official (City Services Department) of the City of Lindsay, and shall be available for inspection and review by the public during normal business hours.
Chapter 15.04.130
Historical Building Code
15.04.130 Historical Building Code
October 25, 2022 Regular Meeting of the Lindsay City Council
That certain code in book form to which more particular reference is made, together with the amendments thereof, herein specifically set forth, known as the 202219 Historical Building Code, compiled by and adopted by the International Code Council, Inc., thereto is hereby adopted and enacted the Council of the City of Lindsay, to all intents and purposes and to the same effect as if each and every sentence, paragraph, work and clause in said code mentioned are referred to herein or therein were fully and specifically set forth herein, with the exception of the penalty provision thereof. A copy of these documents, known as the Historical Building Code of the City of Lindsay, shall be on file in the office of the Building Official (City Services Department) of the City of Lindsay, and shall be available for inspection and review by the public during normal business hours.
Chapter 15.04.140
Existing Building Code
15.04.140 Existing Building Code
That certain code in book form to which more particular reference is made, together with the amendments thereof, herein specifically set forth, known as the 202219 Existing Building Code, compiled by and adopted by the International Code Council, Inc., thereto is hereby adopted and enacted the Council of the City of Lindsay, to all intents and purposes and to the same effect as if each and every sentence, paragraph, work and clause in said code mentioned are referred to herein or therein were fully and specifically set forth herein, with the exception of the penalty provision thereof. A copy of these documents, known as the Existing Building Code of the City of Lindsay, shall be on file in the office of the Building Official (City Services Department) of the City of Lindsay, and shall be available for inspection and review by the public during normal business hours.
All other code sections in Title 15 of the Lindsay Municipal Code remain unchanged.
Section 3. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15060(c)(2) (The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment).
Section 4. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability, or responsibility for damage to person or property upon the City of Lindsay, or any official, employee or agent thereof.
October 25, 2022 Regular Meeting of the Lindsay City Council
Section 5. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance.
Section 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Lindsay hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 7. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate, contradict or otherwise conflict with, applicable State and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Lindsay Municipal Code as amended by this ordinance are substantially the same as provisions in the Lindsay Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 8. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(l) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.
THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the ____th day of __________________ 2022.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the ____th day of __________________ 2022.
October 25, 2022 Regular Meeting of the Lindsay City Council
CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Ramona Caudillo, Mayor
ATTEST:
____________________________________
Francesca Quintana, City Clerk
October 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT:
ITEM NO.:
City Manager
13.1 MEETING DATE: October 25, 2022
ACTION & RECOMMENDATION
Consider the Approval of Additional Funding for City of Lindsay Water Rebate Efficiency Program.
BACKGROUND | ANALYSIS
On July 26, 2022, the Lindsay City Council approved the City of Lindsay Water Rebate Efficiency Program to promote water conservation, awareness, and reduce the water usage of Lindsay residents. To date, the program has given out approximately two hundred (200) free shower heads totaling approximately $2,200, $5,600 in turf rebates, and is expects to expend the remaining $7,200 in program funds on turf and toilet replacement rebates in the queue. Staff is recommending the approval of an additional $15,000 in funding for the program. This additional funding would go towards turf and toilet replacement rebates only.
An outline of the program with the additional funding is provided below. • Program Offerings
o Turf Rebates – Grass to artificial turf or drought resident landscaping. $2.00 per square foot
Minimum 20 square feet
Maximum 400 square feet
o Toilet Replacement/Upgrade – $35.00 per unit
• Eligibility
o Must be a City of Lindsay water account holder to receive rebate. o May combine rebates for one account.
o Existing residential homes only.
o Property owner or permission from the property owner must be obtained. • General
o Proof of purchase is required for all devices. Proof of purchase must include the date, retailer name and information, item information including thorough description, and ideally model number and price.
o All items must be for the account holder’s address.
o The City is not responsible for any damage to devices, property, or injury. All will be on the account holder.
o Account holder must receive all required permits.
o An inspection is required before and after equipment or improvement is installed.
October 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
o Manufacturer’s installation and maintenance instructions must be followed. o Any disputes will be decided by the City Manager or their designee.
Please Note: If a City of Lindsay employee applies for the program, they will be subject to the same application process and a copy of their application, whether approved or denied, will be forwarded to the City Clerk to ensure compliance with program guidelines.
FISCAL IMPACT
Staff recommends allocating an additional $15,000 to the program bringing total for this fiscal year to $30,000. The funds will be sourced from the City’s General Fund (Fund 101) and transferred to the Water Fund (Fund 552). The full amount allocated to the program, $30,000, will be credited against the debt owed from the General Fund to the Water Fund.
ATTACHMENTS
• None
Application
• The property
owner fills out
the paper
work and
submits it the
City.
Inspection
• An inspectioin
is done by
staff to verify
size of turf or
improvment
needed.
Installation
• Account
holder is
responsible
for
installation
and permits.
Inspection &
Sign off
• Staff inpects
the property
and verifies
items were
instaflled and
permit was
issued.
Finance Cuts
check
• Finance
receives
notice to cut
the check for
the approite
amount.
October 25, 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.: 13.2
MEETING DATE: October 25, 2022
ACTION & RECOMMENDATION
Consider the Approval of Resolution 22-56, A Resolution of the City Council of the City of Lindsay Authorizing the City of Lindsay to Enter Into An Agreement for Joint Participation in the Permanent Local Housing Allocation (PLHA) Program For Fiscal Years 2020-2025 and to Delegate the County of Tulare as the Administering Local Government for the Program.
BACKGROUND | ANALYSIS
California’s Department of Housing and Community Development (hereto referred to as “HCD”) released a Notice of Funding Availability (NOFA) for the Permanent Local Housing Allocation Program (hereto referred to as “PLHA”), which provides grants to “Entitlement and Non-entitlement Local governments in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.” The estimated funding amount the City of Lindsay is eligible to apply for is $703,289 over five (5) years.
Unfortunately, the City of Lindsay is unable to administer the funds directly due to an existing settlement agreement with HCD. The program is currently open, and the State of California is accepting applications through November 30, 2022. The City has requested that Tulare County administer the PLHA funding allocated to the City of Lindsay, so that the funds can be preserved and utilized locally to preserve muchneeded affordable housing for low-income Senior Citizens.
In partnership with the City and the County, Self-Help Enterprises has requested to utilize the total five (5) year PLHA allocation, in the amount of $703,289 to support the Mt. Whitney Rehabilitation Project.
To facilitate this request, Tulare County, on behalf of the City of Lindsay, would apply for years 1-3 of PLHA funding pursuant to the open and active Notice of Funding Availability (NOFA). In the future, the County would also apply for year 4 and 5 funds when the NOFA becomes available, and to assist in administering the use of all PLHA funds. SHE would prepare the PLHA application on behalf of the County and/or assist with the application as needed to facilitate use of the funds. SHE acquired the Lindsay Mt.Whitney project in early 2022. SHE intends to add automated ADA controls, provide fire pump and fire alarm upgrades, address structural challenges with the building and provide interior improvements over the next one (1) to three (3) years. SHE will draw funds to complete repairs as they are available annually from HCD.
October 25, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
The opportunity has come to fully delegate the funding and administration of funds to the County by adopting and approving Resolution 22-56 delegating authority to the County to apply for and administer the full 5-year formula application for the Permanent Local Housing Allocation (PLHA) on the City’s behalf.
These actions would make the County the actual applicant for the funding and relieve the City of any responsibility with the execution of the project and funding process. The legally binding agreement is currently being developed by the County and HCD for submittal to the City for review and execution.
Staff recommends that Council approve and adopt Resolution No. 22-56 delegating PLHA authority to the County and authorize the City Manager to execute any documents thereto.
FISCAL IMPACT
There would be no fiscal impact to the City of Lindsay to approve this action. These funds are to be administered by the County of Tulare who will work with Self Help Enterprises in order to complete the project.
ATTACHMENTS
• Resolution No. 22-56
October 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-56
NUMBER 22-56
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY
AUTHORIZING THE CITY OF LINDSAY TO ENTER INTO AN
AGREEMENT FOR JOINT PARTICIPATION IN THE PERMANENT
LOCAL HOUSING ALLOCATION (PLHA) PROGRAM FOR FISCAL
YEARS 2020-2025 AND TO DELEGATE THE COUNTY OF TULARE AS
THE ADMINISTERING LOCAL GOVERNMENT FOR THE PROGRAM
At a regularly scheduled meeting of the City of Lindsay City Council held on October 25, 2022, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the State of California Department of Housing and Community Development ("State") is authorized to provide up to $304 million to Cities and Counties for assistance under the SB 2 Permanent Local Housing Allocation Program ("PLHA Program") Formula Component from the Building Homes and Jobs Trust Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB2)); and
WHEREAS, the State issued Permanent Local Housing Allocation Final Guidelines ("PLHA Program Guidelines") in October 2019; and
WHEREAS, the State issued a Notice of Funding Availability ("NOFA") dated May 3, 2021, under the Permanent Local Housing Allocation ("PLHA") Formula Component; and WHEREAS, eligible parties are able to submit an application for and administer Permanent Local Housing Allocation Formula component funds; and
WHEREAS, unfortunately, the City of Lindsay (“City”) is unable to apply for and administer funds directly due to an existing settlement agreement with the State; and WHEREAS, Section 300(c) of the PLHA Program Guidelines allows a local government to delegate another local government to submit an application and administer on its behalf its formula allocation of Program funds, provided that the local governments enter into a legally binding agreement and the funds are expended for eligible activities consistent with Program requirements; and
WHEREAS, the City of Lindsay desires to participate jointly with the County of Tulare (“County”) in said Program; and
WHEREAS, the County also desires to participate jointly with the City of Lindsay in said Program, and whereas the County agrees to administer the receipt of formula allocation Program funds on behalf of both Parties and act as the Applicant to the State for the funding; and October 25, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-56
WHEREAS, the City desires to delegate authority to the County to apply for and administer the City’s allocation of PLHA funds.
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 documents thereto that may be necessary.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE October 25, 2022
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
FRANCESCA QUINTANA RAMONA CAUDILLO
CITY CLERK MAYOR
October 25, 2022 Regular Meeting of the Lindsay City Council