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 December 13, 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. PLEDGE
Led by Mayor CAUDILLO.
3. ROLL CALL
3.1 Oath of Office for Elected Councilmembers (pp. 5 – 6) Yolanda Flores (p. 5)
Rosaena Sanchez (p. 6)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
4. CITY COUNCIL REORGANIZATION
4.1 Selection of Mayor for a Two-Year Term Commencing on December 13, 2022 (p. 7) Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
4.2 Selection of Mayor Pro Tem for a One-Year Term Commencing on December 13, 2022 (p. 8)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
4.3 Review Existing Appointments and Consider the Approval of Appointment of Council Member Representatives to Boards, Agencies, and Committees (pp. 9 – 12) Presented by Geselle Arellano, Executive Assistant/Deputy City Clerk
5. APPROVAL OF AGENDA
6. 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 December 13, 2022 Regular Meeting of the Lindsay City Council
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.
7. COUNCIL REPORT
8. CITY MANAGER REPORT
9. RECOGNITION ITEMS
9.1 Proclamation in Honor of the Lindsay Police Officer’s Association’s (LPOA) Annual Santa Night (p. 13)
9.2 Fifteen (15) Year Service Award Presentation
Presented to Sergeant Kevin Riley
Presented by Chief Rick Carrillo, Director of Public Safety
10. PRESENTATION ITEMS
10.1 Introduction of Public Safety Officer Matt McMillan Presented by Chief Rick Carrillo, Director of Public Safety
10.2 Lindsay Sister City Committee Presentation (pp. 14 – 47) Presented by Carolina Serna and Laura Cortes
11. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
11.1 Minutes from November 08, 2022, Regular Meeting (pp. 48 – 52)
11.2 Warrant List for November 01, 2022, through December 04, 2022 (pp. 53 – 64)
11.3 Treasurers Report for November 2022 (p. 65)
11.4 Consider the Minute Order Renewal of Property Lease Agreement between the City of Lindsay and Lexsay’s Simple Sack Lunch and Authorize City Manager to Execute Any Documents Thereto (pp. 66 – 80)
11.5 Consider the Minute Order Approval of the City Council Regular Meeting Schedule for January – December 2023 (pp. 81 – 82)
11.6 Notification of Participation in the Federal Excess Property Acquisition Program (1033 Program) through the Defense Logistic Agency’s Law Enforcement Support Office (LESO) (pp. 83 – 85)
11.7 Consider the Approval of Resolution 22-60, A Resolution of the City Council of the City of Lindsay Authorizing Wage and Related Benefits for Employees of the Mid-Management Group (pp. 86 – 93)
December 13, 2022 Regular Meeting of the Lindsay City Council
11.8 Consider the Approval of Resolution 22-61, A Resolution of the City Council of the City of Lindsay Authorizing Salary Schedule Changes in Compliance with State-Mandated Minimum Wage and Minimum Salary Law Effective January 01, 2023 (pp. 94 – 100)
11.9 Consider the Minute Order Approval of Resolution 22-62, A Resolution of the Lindsay City Council of the City of Lindsay Accepting the 2022 Municipal Election Results as Certified by the Tulare County Registrar of Voters (pp. 101 – 108)
11.10 Notification of Cooperative Fire Protection Agreement Between the County of Tulare and City of Lindsay For Automatic Aid and Use of Radio Frequencies (pp. 109 – 119)
11.11 Consider the Approval of Resolution 22-63, A Resolution of the City Council of the City of Lindsay, Authorizing the Purchase and Sale Agreement for the Property Located at 100 E.
Honolulu Street, Lindsay, CA 93247 (APN 205-236-014), And Finding that the Acquisition is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15301 of The CEQA Guidelines, Authorizing Close of Escrow, and Authorizing City Manager to Execute Any Documents Thereto (pp. 120 – 128)
11.12 Consider the Approval of Resolution 22-64, A Resolution of the City Council of the City of Lindsay Authorizing the Withdrawal from the Central San Joaquin Valley Risk Management Authority (CSJVRMA) (pp. 129 – 131)
11.13 Consider Approval of Resolution 22-66, A Resolution of the City Council of the City of Lindsay Proclaiming a Local Emergency, Ratifying the Proclamation of a State Emergency by Governor Newsom on March 4, 2020, and Authorizing a Hybrid Meeting Format of the Legislative Bodies of the City of Lindsay to Allow Attendance In Person or Teleconference Pursuant to Government Code Section 54953(e)(3). (pp. 132 – 136)
12. PUBLIC HEARINGS
12.1 First Reading of Ordinance No. 604, An Ordinance of the City of Lindsay Amending Titles One (1) Through Eighteen (18) of the Lindsay Municipal Code to Set the Approval of Municipal Fees and Charges for Various Municipal Services via City Council Resolution, and Repealing all other Ordinances Relative to the Setting of Municipal Fees and Charges Thereto, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 137 – 157)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
12.2 Consider the Approval of Resolution 22-65, A Resolution of the City Council of the City of Lindsay Adopting a New Citywide Fee Schedule, Establishing and Amending Municipal Fees and Charges for Various Municipal Services, and Repealing all other Resolutions Relative to Municipal Fees and Charges Thereto (pp. 158 – 252) December 13, 2022 Regular Meeting of the Lindsay City Council
Presented by Tony Thrasher, Willdan Financial Services
13. ACTION ITEMS
13.1 Consider the Approval of Second Amendment to Professional Services Agreement to Provide Professional Consulting and Related Services by and between Retail Strategies, LLC and the City of Lindsay and Authorize City Manager to Execute Any Documents Thereto (pp. 253 – 255)
Presented by Joseph M. Tanner, City Manager
13.2 Consider the Approval of Resolution 22-67, A Resolution of the City Council of the City of Lindsay, County of Tulare, State of California, Authorizing the Purchase and Sale Agreement, Deed of Trust, and Covenant Agreement for the Property Located at 365 Sweetbriar Avenue, Lindsay, CA 93247 (APN’s 205-293-011 and 205-293-015) Commonly Referred to as McDermont Field House, Finding that the Acquisition is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15312 of the CEQA Guidelines, and Authorizing City Manager to Execute Any Documents Thereto (pp. 256 – 304)
Presented by Joseph M. Tanner, City Manager
14. EXECUTIVE (CLOSED) SESSION
14.1 Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Cal. Gov. Code §54956.9(d)(2): 1 Case
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.
December 13, 2022 Regular Meeting of the Lindsay City Council
STATE OF CALIFORNIA )
CITY OF LINDSAY ) ss. OATH OF OFFICE
COUNTY OF TULARE )
I, YOLANDA FLORES, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of California, and all local ordinances, and that I will faithfully and impartially perform the duties of the office of Council Member of the City of Lindsay, according to the law and to the best of my ability. ______________________________
YOLANDA FLORES
Subscribed and sworn before me this 13th day of December 2022. ______________________________
FRANCESCA QUINTANA
CITY CLERK
December 13, 2022 Regular Meeting of the Lindsay City Council
STATE OF CALIFORNIA )
CITY OF LINDSAY ) ss. OATH OF OFFICE
COUNTY OF TULARE )
I, ROSAENA SANCHEZ, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of California, and all local ordinances, and that I will faithfully and impartially perform the duties of the office of Council Member of the City of Lindsay, according to the law and to the best of my ability. ______________________________
ROSAENA SANCHEZ
Subscribed and sworn before me this 13th day of December 2022. ______________________________
FRANCESCA QUINTANA
CITY CLERK
December 13, 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.: 4.1
MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Selection of Mayor for a Two-Year Term Commencing on December 13, 2022.
Staff recommends that the Council make the appointment of a Mayor at the December 13, 2022, regular meeting.
BACKGROUND | ANALYSIS
Per Section 2.1 of the City Council Handbook approved on January 11, 2022, by Resolution 21-50:
“The Council shall appoint from among their members a Mayor. Nominations shall be recorded by the City Clerk. The City Clerk will confirm acceptance of each nomination and put each nominee’s name to a vote in the order of the nominations received. The Mayor shall serve a two-year term and serve as the Presiding Officer of the Council.”
Per Section 3.2 of the City Council handbook approved on January 11, 2022, by Resolution 21-50:
“The reorganization of the Council shall occur at the first meeting in December, or as soon thereafter.” Per Section 3.12 of the Charter of the City of Lindsay:
“The City Council shall elect from among its members a Mayor who shall serve at the pleasure of the City Council.”
FISCAL IMPACT
None.
ATTACHMENTS
None.
December 13, 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.: 4.2
MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Selection of Mayor Pro Tem for a One-Year Term Commencing on December 13, 2022.
Staff recommends that the Council make the appointment of a Mayor Pro Tem at the December 13, 2022, regular meeting.
BACKGROUND | ANALYSIS
Per Section 2.2 of the City Council Handbook approved on January 11, 2022, by Resolution 21-50:
“The Council shall appoint from among their members a Mayor Pro Tem. Nominations shall be recorded by the City Clerk. The City Clerk will confirm acceptance of each nomination and put each nominee’s name to a vote in the order of the nominations received. The Mayor Pro Tem shall serve a one-year term and fulfill the duties of the Mayor in their absence.”
Per Section 3.2 of the City Council handbook approved on January 11, 2022, by Resolution 21-50:
“The reorganization of the Council shall occur at the first meeting in December, or as soon thereafter.” Per Section 3.13 of the Charter of the City of Lindsay:
“The City Council shall elect from among its members a Mayor Pro Tern who shall serve at the pleasure of the City Council. The Mayor Pro Tern shall act as Mayor during the Mayor's absence or disability.”
FISCAL IMPACT
None.
ATTACHMENTS
None.
December 13, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Geselle Arellano, Executive Assistant/Deputy City Clerk DEPARTMENT: City Manager
ITEM NO.: 4.3
MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Review Existing Appointments and Consider the Minute Order Approval of Appointment of Council Member Representatives to Boards, Agencies, and Committees.
BACKGROUND | ANALYSIS
The City Council last appointed representatives to various boards, agencies, and committees on January 25, 2022. Staff is notifying Council of these appointments and asking them to consider their level of involvement, their schedule, and consider if appointments should be re-assigned based on Council Member’s interests. Maintaining active representation is critical to the long-term success of the City.
Table 1: Boards, Agencies, and Committees Appointments (effective December 14, 2022) Board, Agency, or
Committee Name
Meeting Time Council Member
Representative
Council Member
Representative
Alternate
Integrated Regional
Water Management
(IRWM)
First Tuesday of every
month at 9:00 AM
Caudillo Cerros
East Kaweah
Groundwater
Sustainability Agency
(EKGSA)
Fourth Monday of the
first month of every
quarter at 3:00 PM
Caudillo Cerros
Tulare County
Association of
Government (TCAG)
Board of Governors
Third Monday of every
month at 1:00 PM
Caudillo Serna
Tulare County
Regional Transit
Agency (TCRTA)
Board of Directors
Third Monday of every
month at 6:00 PM
Caudillo Serna
Tulare County
Association of
Government (TCAG)
Third Monday of every
month at 1:00 PM
No Appointment
Necessary
Cerros
*Per Committee Byllaws,
one (1) Alternate
December 13, 2022 Regular Meeting of the Lindsay City Council
Transit
Representative
Representative appointed per
County
Lindsay Wellness
Center Programming
Committee
Second Monday of
every month at 5:30
PM
Serna Sanchez
Healthy Kids Healthy
Lindsay
Quarterly, select
Weekday’s at 3:30 PM
Mayor
*Per Committee Policy, the
Mayor is automatically the
Board Member
Mayor Pro Tem *Per Committee Policy, the
Mayor Pro Tem is
automatically the Alternate
Board Member
Tulare County City
Selection Committee
Quarterly, select
Weekday’s at 4:00 PM,
or on an as-needed
basis
Mayor
*Per Committee Bylaws the
Mayor is automatically the
selected member
Cerros
Friday Night Market
Operations Ad-Hoc
Oversight Committee
As-needed basis Caudillo
*Per Agreement with Market
Operator, two (2) Council
Member Representatives are
needed
Cerros
*Per Agreement with Market
Operator, two (2) Council
Member Representatives are
needed
San Joaquin Valley
(SJV) Air Pollution
Control
District Special City
Selection Committee
As-needed basis,
typically in the
evenings
Serna Cerros
Tulare County
Council of Cities
Bimonthly,
Wednesday’s at 4:00
PM, or on an as-needed
basis
Flores N/A
Descriptions of Boards and Committees are as follows.
Integrated Regional Water Management (IRWM)
The Kaweah River Basin Integrated Regional Water Management (KIRWM) group is a collaborative effort to manage all aspects of water resources in the Kaweah River Basin Region. There are many agencies and stakeholders involved in the IRWM, including the Kaweah Delta Water Conservation District, County of Tulare, Exeter Irrigation District, Lakeside Irrigation District, Tulare Irrigation District and the cities of Visalia, Tulare, Lindsay, and Farmersville. The City of Lindsay has been successful with IRWM grant applications in the past 6 years and will continue to apply for grant application should they become available in the future.
East Kaweah Groundwater Sustainability Agency (EKGSA)
The East Kaweah Groundwater Sustainability Agency is responsible for submitting a groundwater sustainability plan (GSP) to the California Department of Water Resources (DWR) while working cooperatively with the Mid Kaweah and Greater Kaweah GSA’s to meet sustainability requirements for the Kaweah Sub-basin. Through the SGMA phases, the East Kaweah GSA’s Board of Directors, Technical Advisory Committee and Advisory Committee will collect and organize data, engage, and December 13, 2022 Regular Meeting of the Lindsay City Council
retain experts and consultants, and solicit feedback from beneficial users of groundwater and interested parties within the GSA boundary.
Tulare County Association of Government (TCAG) Board of Governors The Board of Governors directs Tulare County Association of Governments (TCAG) and is composed of one representative from each of the eight cities, five members of the County Board of Supervisors, three members-at-large, and one representative of public transit.
Tulare County Regional Transit Agency (TCRTA) Board of Directors The Tulare County Regional Transit Agency is a joint powers agency formed by the County of Tulare and the Cities of Exeter, Farmersville, Lindsay, Porterville, Tulare, and Woodlake. The purpose of the Joint Powers Agreement is to empower the Member Agencies to exercise their common powers by the formation and operation of TCRTA, with full power and authority to own, operate, and administer a public transportation system within the jurisdictions of the Member Agencies.
Tulare County Association of Government (TCAG) Transit Representative The Tulare County Association of Governments (TCAG) is required to have a member that represents transit agencies and riders on the Board. Per the policy, the elected official receiving the highest number of votes will be appointed as the member; the person with the second highest number of votes will have the opportunity to serve as the Transit alternate on the Board.
Lindsay Wellness Center Programming Committee
The Wellness Center has been developed through a partnership with the Lindsay District Hospital Board and the City of Lindsay with the purpose of establishing beneficial programming at the Wellness Center for the Lindsay community.
Healthy Kids Healthy Lindsay
Healthy Kids Healthy Lindsay creates opportunities for health, community improvement, personal responsibility, and safety for the community of Lindsay. Council bylaws automatically appoints the Mayor as a Board Member and the Mayor Pro Tem as the alternate Board Member Tulare County City Selection Committee
Tulare County City Selection Committee is compromised of the mayors of all eight (8) cities within Tulare County.
Friday Night Market Operations Ad-Hoc Oversight Committee The Friday Night Market Operations Ad-Hoc Committee consists of two City Council members and the Market Operator. The Oversight Committee shall have final say in resolving disputes as submitted by vendors through a Complaint Form. The purpose of the ad-hoc oversight committee would be to settle disputes which the market operator was unable to resolve with a vendor(s).
San Joaquin Valley (SJV) Air Pollution Control District Special City Selection Committee December 13, 2022 Regular Meeting of the Lindsay City Council
San Joaquin Valley (SJV) Air Pollution Control District Special City Selection Committee is a valleywide Special City Selection Committee which is charged with making appointments of city representatives to the San Joaquin Valley Air Pollution Control District’s (District’s) Governing Board.
The Special City Selection Committee consists of one member selected by a majority vote of the Council of each city located within the District. An alternate can be selected to attend if the primary member is unable to attend a meeting.
Tulare County Council of Cities
Tulare County Council of Cities serves as a framework in which Tulare County Cities can work effectively, efficiently, and cooperatively in developing solution to regional issues and is composed by the following cities, Lindsay, Porterville, Farmersville, Exeter, Tulare, Visalia, Woodlake, and Dinuba.
FISCAL IMPACT
None.
ATTACHMENTS
• None
December 13, 2022 Regular Meeting of the Lindsay City Council
Proclamation
WHEREAS, 2022 marks the 30th anniversary of the Lindsay Police Officer’s Association Santa Night; and
WHEREAS, a Toy Drive where toys are distributed to the local children of Lindsay is held at Santa Night every year; and
WHEREAS, the 2022 Santa Night and Toy Drive was held on December 9th, 2022, at the Lindsay Department of Public Safety; and
WHEREAS, the 2022 Toy Drive was made possible by contributions from the Lindsay Rib Cook Off Committee, Jason and Sandy Anderson, Anderson Family Business, E&E Industries, Lindsay Gardens, Eric and Laurie Williams, Porterville Quilters, Loyalty Car Club, CHP Chips - Toys for Kids, Lindsay Rotary, Visalia PetSmart, Alex and Mari Mejia, Ana Carretero, Cheryl Cook, and Paula McGee; and
WHEREAS, the goal of every Santa Night is to bring joy, comfort, and happiness to the children of Lindsay.
NOW, THEREFORE, BE IT RESOLVED, that I, , Mayor
of the City of Lindsay, do hereby thank every individual and group that made Santa Night possible, and urge all residents to join in activities that will benefit the Lindsay community.
IN WITNESS WHEREOF, I hereby set my hand and caused the Seal of the City of Lindsay to be affixed this 13th Day of December of 2022.
LINDSAY CITY COUNCIL
_____________________________
Mayor
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
History
The Sister City Program was started in 1973 as a cultural exchange between the City of Lindsay and Ono City, Japan.
Over the years more than 400 student, teachers, and
community members have visited Ono City. In return, more than 400 Japanese citizens have visited Lindsay to see our beautiful town and the surrounding area, including
Yosemite and Sequoia Parks.
December 13, 2022 Regular Meeting of the Lindsay City Council
How it all started
The history of the bicultural partnership started off with a mutual friend, was questioned by Japanese media and ultimately celebrated by both parties thanks to a charismatic Japanese mayor who made everyone feel like they were the center of attention.
The International Relations committee of the Lindsay Kiwanis Club was trying to determine a suitable service project in which both the committee and the club as a whole could become involved. Neal Barker suggested the possibility of a Sister City and Tom Shimasaki suggested some city in Japan.
Tom Shimasaki got in touch with Serio Takahara in Tokyo after contacting the Visalia Kiwanis Club. Mr. Takahara had formerly lived in Visalia and attended Sequoia Junior College (now College of the Sequoias) before returning to Tokyo. He had been instrumental in lining up Mikki City to form a relationship with Visalia. He was also the one to suggest Ono City for Lindsay as he knew the Mayor who had already expressed an interest in pursuing the matter further.
On July 17, 1972 the Lindsay City Council unanimously authorized Resolution #1431 to form a Sister City relationship with Ono City, Japan. As a result of this action, Mayor ReDoy Kiesz and his wife made a trip to Ono City to carry the charter papers for both Mayors to sign thereby officially establishing the relationship. On Feb. 17, 1973 the charter was signed by both mayors Kiesz and Hayashi and the Sister City relationship had its formal beginning.
Ono City’s first glimpse of its smaller Sister City was during the 1974 Orange Blossom Festival. Ono City Mayor Sachio Hayashi and his wife arrived in April 1974 as the guests of honor for the Festival. Barker wrote that Hayashi was interested in everyone and in every event that took place in the city.
December 13, 2022 Regular Meeting of the Lindsay City Council
Itinerary
Delegates have a full itinerary while
in Japan and while in Lindsay.
December 13, 2022 Regular Meeting of the Lindsay City Council
Airport Arrival in Osaka
December 13, 2022 Regular Meeting of the Lindsay City Council
Mayor’s Gift
December 13, 2022 Regular Meeting of the Lindsay City Council
The Wonderful Japanese People:
December 13, 2022 Regular Meeting of the Lindsay City Council
Ono is a Beautiful City!
December 13, 2022 Regular Meeting of the Lindsay City Council
Visit to City Hall and the Mayor
December 13, 2022 Regular Meeting of the Lindsay City Council
The Cherry Blossoms are beautiful!
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
Chinatown in Japan!
December 13, 2022 Regular Meeting of the Lindsay City Council
Visit to the High Schools
December 13, 2022 Regular Meeting of the Lindsay City Council
Ono City High Mascot
(Sunflower)
December 13, 2022 Regular Meeting of the Lindsay City Council
Himeji Castle
December 13, 2022 Regular Meeting of the Lindsay City Council
Tea Ceremony
December 13, 2022 Regular Meeting of the Lindsay City Council
Trying on Kimonos & Samurai Suit
December 13, 2022 Regular Meeting of the Lindsay City Council
Hot Springs Foot Spa
December 13, 2022 Regular Meeting of the Lindsay City Council
Kobe Excursion:
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Projects and Fun!
December 13, 2022 Regular Meeting of the Lindsay City Council
Pottery:
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Flower Arranging
December 13, 2022 Regular Meeting of the Lindsay City Council
Agriculture:
December 13, 2022 Regular Meeting of the Lindsay City Council
Yummy foods!
“People Who Love To Eat Are Always The Best People”
December 13, 2022 Regular Meeting of the Lindsay City Council
More new foods!
December 13, 2022 Regular Meeting of the Lindsay City Council
More food...
December 13, 2022 Regular Meeting of the Lindsay City Council
Delicacies!
December 13, 2022 Regular Meeting of the Lindsay City Council
Yummy!
December 13, 2022 Regular Meeting of the Lindsay City Council
Families
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
Goodbye Friends and Family!!
December 13, 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 November 08, 2022, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087.
Persons with disabilities who may need assistance should contact the City Clerk at least 24 hours prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].
1. CALL TO ORDER
2. ROLL CALL
Present Mayor Pro Tem Cerros
*Mayor Caudillo
Council Member Flores
Council Member Sanchez
Council Member Serna
*Teleconference participation
3. PLEDGE
Led by Mayor CAUDILLO.
4. APPROVAL OF AGENDA
Motion to Approve Agenda
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (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 December 13, 2022 Regular Meeting of the Lindsay City Council
2 of 5
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. • Public comment from an individual identifying themselves as ‘Mike’ via teleconference, he requested to know when construction will begin on the Mission Estates project. • In-person public comment from Frances Brower. Brower stated that the Annual Lindsay Harvest Festival was a huge success. The Harvest Festival fed over four hundred (400), and over a thousand dollars ($1,000) of free candy was given away. She thanked all those who were in attendance as well as the Lindsay City Council for waiving the Special Event Permit Fee.
6. COUNCIL REPORT
• Council Member SANCHEZ reported she attended and participated in the Military Banner Ceremony, Community Police Academy Shooting Range Day, and Lindsay High School rival game. SANCHEZ stated that the Community Police Academy allows individuals to know if they want to pursue a career in law enforcement. SANCHEZ thanked everyone involved in the Community Police Academy and hopes the program will continue to grow. • Council Member FLORES had no report.
• Mayor Pro Tem CERROS reported he attended and participated in the Annual Harvest Festival, Pumpkin Carving Party at the Wellness Center, Military Banner Ceremony, Lindsay High School rival game, and Annual Rib Cook Off. CERROS enjoyed being a part of the numerous community events and thanked Lindsay High School for their efforts. CERROS has an upcoming reported he will be attending the upcoming Tulare County Regional Transit Agency (TCRTA) Board Meeting and Sierra Vista Estates Community Meeting #2.
• Council Member SERNA reported he attended the Pumpkin Carving, Annual Harvest Festival, Coffee with the Mayor and Tulare County Supervisor Micari, Lindsay High School Bell Game Annual Rib Cook Off and Military Banner Ceremony.
• Mayor CAUDILLO reported that she enjoyed hosting the Coffee with the Mayor and County Supervisor Micari event. CAUDILLO attended and served as a costume contest judge at the Annual Harvest Festival. CAUDILLO attended the Annual Rib Cook Off, and Healthy Kids Healthy Lindsay meeting. CAUDILLO shared that Healthy Kids Healthy Lindsay has a new program named “Healthy Families America” which is designed to help families with children ages 0-3 months at risk of maltreatment or adverse childhood experiences.
7. CITY MANAGER REPORT
• CITY MANAGER reported the City is still waiting on items from the Mission Estates Developer in order to move forward with the project.
• CITY MANAGER attended and presented at the Community Police Academy class. The City’s water situation and current budget was discussed at the class. and budget situation. • CITY MANAGER reported the Community Police Academy Graduation will be held on November 9, 2022, at 5:30 PM at the Lindsay Public Safety Department. • CITY MANAGER reported the Annual Christmas Tree Lighting Festival will be held December 1, 2022, at 5:30 PM at Lindsay City Hall. City Employee Christmas Mixer will be held on December 2, 2022, at 5:30 PM in China’s Alley, the Council is invited. • CITY MANAGER reported the Annual Christmas Toy Drive will be held December 9, 2022. • CITY MANAGER reported that due to rain, the City has been running on 100% well-water, which creates discoloration in the water. However, this is normal and the water is safe to drink.
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• CITY MANAGER reported City Hall will be closed on November 11, 2022, November 24, 2022, and November 25, 2022, in observance of the holidays.
8. RECOGNITION ITEMS
8.1 Proclamation In Honor of Veteran’s Day (p. 4)
Presented to Rakeisha Jackson, United States Marine Corps
8.2 Badge Pinning of Public Safety Officer Kyle Frievalt
9. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
9.1 Minutes from October 25, 2022, Regular Meeting (pp. 5 – 10)
9.2 Warrant List for October 15, 2022 through October 31, 2022 (pp. 11 – 16)
9.3 Treasurers Report for October 2022 (p. 17 )
9.4 Second 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. 18 – 27)
9.5 Consider Minute Order Authorization of Termination of Professional Services Agreement Between the City of Lindsay and Retail Strategies, LLC, and Authorize City Manager to Execute Any Documents Thereto (pp. 28 – 40)
9.6 Consider Minute Order Approval to Award Contract to Provost & Pritchard for Construction Design Services for 2022-2023 Capital Improvement Projects Approved List (pp. 41 – 52) • Item 9.5 was pulled for discussion. The Mayor Pro Tem stated that he was worried that terminating the contract will end retail recruitment efforts. Mayor Pro Tem requested that this item be pulled from the consent calendar and voted on separately.
• Item 9.4 was pulled for discussion. Council Member SERNA asked for clarification on the item.
DIRECTOR OF CITY SERVICES & PLANNING informed him that a first reading of the Ordinance without any amendments was approved at the October 25, 2022 regular meeting and that this was a routine second meeting.
• Item 9.6 was pulled for discussion. Mayor CAUDILLO requested clarification on the fund any associated costs would be sourced from. DIRECTOR OF CITY SERVICES & PLANNING informed her that associated costs would be sourced from street funds.
December 13, 2022 Regular Meeting of the Lindsay City Council
4 of 5
Motion to Approve Consent Calendar with Item 9.5 Omitted 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SANCHEZ (5-0) AYE AYE AYE AYE AYE
Motion to Approve Item 9.5
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SANCHEZ FLORES (4-1) AYE AYE AYE NAY AYE
10. ACTION ITEMS
10.1 Consider the Approval of Resolution 22-60, A Resolution of the City Council of the City of Lindsay Authorizing Wage and Related Benefits for Employees of the Mid-Management Group (pp. 53 – 60)
Presented by Shelline K. Bennett, Liebert Cassidy Whitmore Motion to Approve Item 10.1
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SANCHEZ FLORES (2-2) NAY AYE NAY ABSTAIN AYE
• The motion did not pass with two (2) votes in favor, two (2) votes against, and one (1) abstention.
This was considered a tie vote and therefore considered a lost motion, and the motion did not carry.
Motion to Table Item 10.1 to the Next Regular Meeting
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SERNA CAUDILLO (3-2) AYE NAY AYE AYE NAY
10.2 Consider the Approval of Tentative Agreement/City of Lindsay Proposal to the Lindsay Police Officers Association (pp. 61 – 64)
Presented by Shelline K. Bennett, Liebert Cassidy Whitmore Motion to Approve Item 10.2
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS CAUDILLO (5-0) AYE AYE AYE AYE AYE
December 13, 2022 Regular Meeting of the Lindsay City Council
5 of 5
11. EXECUTIVE (CLOSED) SESSION
11.1 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
11.2 Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Cal. Gov. Code §54956.9(d)(2): 1 Case
11.3 Public Employee Performance Evaluation
Pursuant to Cal Gov. Code § 54957(b)(1)
Title: City Attorney
Item Requested by Ramona Caudillo, Mayor
• No reportable action out of closed session.
12. REQUEST FOR FUTURE ITEMS
13. ADJOURNMENT
Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the office of the City Clerk 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.
• Mayor Caudillo adjourned the meeting at 8:25 PM.
December 13, 2022 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY | WARRANT LIST 12/4/2022
TRANSACTION DATES: 11/01/2022 THROUGH 12/04/2022
Check# Fund Date Vendor # Vendor Name Description Amount 22358 $1,000.00
101 ‐ GENERAL FUND 11/04/22 6971 CHINAS ALLEY 12/3/22 DEPOSIT ‐ MIXER 1,000.00 22359 $1,286.34
101 ‐ GENERAL FUND 11/10/22 2873 ADVANTAGE ANSWERING 11/01/22‐11/30/22 1,286.34 22360 $15.00
101 ‐ GENERAL FUND 11/10/22 6362 AMERICAN BUSINESS M H.R. #16092 TONER 15.00 22361 $919.68
101 ‐ GENERAL FUND 11/10/22 6600 AMERICAN HERITAGE L NOV. ACCIDENT PLAN 919.68 22362 $195.00
101 ‐ GENERAL FUND 11/10/22 3898 AMERICAN INCORPORAT 801 ELMWOOD HVAC SV 195.00 22363 $200.00
400 ‐ WELLNESS CENTER 11/10/22 6950 ANA CARRETERO OCT 2022 ZUMBA GOLD 200.00 22364 $75.00
400 ‐ WELLNESS CENTER 11/10/22 6097 ANGELICA BERMUDEZ OCT 2022 ZUMBA 75.00 22365 $150.00
400 ‐ WELLNESS CENTER 11/10/22 5819 ANITA GUTIERREZ OCT 2022 ZUMBA 150.00 22366 $6,481.50
552 ‐ WATER 11/10/22 6630 AQUA‐METRIC SALES, 5/8"X3/4" IPERL TR/ 6,481.50 22367 $186.57
101 ‐ GENERAL FUND 11/10/22 5457 AUTO ZONE COMMERCIA 3/8" GAUGE 11.29 101 ‐ GENERAL FUND 11/10/22 5457 AUTO ZONE COMMERCIA DURALAST BATTERY 45.60 553 ‐ SEWER 11/10/22 5457 AUTO ZONE COMMERCIA MOTOR OIL/FILTER 129.68 22368 $3,457.00
552 ‐ WATER 11/10/22 051 BSK BACTI, MONTHLY ALK/ 2,397.00 553 ‐ SEWER 11/10/22 051 BSK WASTE WATER TESTING 515.00 556 ‐ VITA‐PAKT 11/10/22 051 BSK VITA‐PAKT WASTE WAT 545.00 22369 $4,350.00
261 ‐ GAS TAX FUND 11/10/22 1702 CENTRAL VALLEY SWEE OCT. STREET SWEEPIN 4,350.00 22370 $800.00
400 ‐ WELLNESS CENTER 11/10/22 5930 CHRIS ALLARD W.C. OCT. PM VISITS 800.00 22371 $325.06
101 ‐ GENERAL FUND 11/10/22 5832 CINTAS CORPORATION 10/26/22 UNIFORM 46.44 101 ‐ GENERAL FUND 11/10/22 5832 CINTAS CORPORATION 10/26/22 UNIFORM 46.44 101 ‐ GENERAL FUND 11/10/22 5832 CINTAS CORPORATION 10/26/22 UNIFORM 46.44 552 ‐ WATER 11/10/22 5832 CINTAS CORPORATION 10/26/22 UNIFORM 46.44 553 ‐ SEWER 11/10/22 5832 CINTAS CORPORATION 10/26/22 UNIFORM 46.44 554 ‐ REFUSE 11/10/22 5832 CINTAS CORPORATION 10/26/22 UNIFORM 46.43 556 ‐ VITA‐PAKT 11/10/22 5832 CINTAS CORPORATION 10/26/22 UNIFORM 46.43 22372 $3,001.09
600 ‐ CAPITAL IMPROVEMENT 11/10/22 2548 CIVICWELL 4‐428 HERMOSA CORRI 3,001.09 22373 $4,276.33
400 ‐ WELLNESS CENTER 11/10/22 6090 CLEAN CUT LANDSCAPE W.C. OCT LANDSCAPIN 860.00 883 ‐ SIERRA VIEW ASSESSMENT 11/10/22 6090 CLEAN CUT LANDSCAPE OCT. SIERRA VIEW ES 1,129.00 884 ‐ HERITAGE ASSESSMENT DIST 11/10/22 6090 CLEAN CUT LANDSCAPE OCT. HERITAGE PARK 274.00 887 ‐ SWEETBRIER TOWNHOUSES 11/10/22 6090 CLEAN CUT LANDSCAPE OCT. SAMOA TOWNHOME 133.00 887 ‐ SWEETBRIER TOWNHOUSES 11/10/22 6090 CLEAN CUT LANDSCAPE OCT. SWEETBRIER/HER 475.00 888 ‐ PARKSIDE 11/10/22 6090 CLEAN CUT LANDSCAPE OCT. PARKSIDE ESTAT 197.00 889 ‐ SIERRA VISTA ASSESSMENT 11/10/22 6090 CLEAN CUT LANDSCAPE OCT. SIERRA VIEW ES 83.33 890 ‐ MAPLE VALLEY ASSESSMENT 11/10/22 6090 CLEAN CUT LANDSCAPE MAPLEVALLEY VALVE R 571.00 890 ‐ MAPLE VALLEY ASSESSMENT 11/10/22 6090 CLEAN CUT LANDSCAPE OCT. MAPLE VALLEY 45.00 891 ‐ PELOUS RANCH 11/10/22 6090 CLEAN CUT LANDSCAPE OCT. PELOUS ESTATES 509.00 22374 $126.00
101 ‐ GENERAL FUND 11/10/22 2319 COMPUTER SYSTEMS PL 10/31/22 ANTIVIRUS 63.00 101 ‐ GENERAL FUND 11/10/22 2319 COMPUTER SYSTEMS PL 9/30/22 ANTIVIRUS 63.00 December 13, 2022 Regular Meeting of the Lindsay City Council
22375 $510.00
101 ‐ GENERAL FUND 11/10/22 102 CULLIGAN #53249 C.M. OCT 202 10.50 101 ‐ GENERAL FUND 11/10/22 102 CULLIGAN #53249 F.D. OCT 202 29.00 101 ‐ GENERAL FUND 11/10/22 102 CULLIGAN #53249 H.R. OCT 202 17.75 400 ‐ WELLNESS CENTER 11/10/22 102 CULLIGAN W.C. 860 N SEQUOIA 54.50 552 ‐ WATER 11/10/22 102 CULLIGAN 18829 AVE 240 38.75 552 ‐ WATER 11/10/22 102 CULLIGAN 18868 AVE 240 108.50 552 ‐ WATER 11/10/22 102 CULLIGAN 18899 AVE 240 193.75 552 ‐ WATER 11/10/22 102 CULLIGAN 23965 RD 188 38.75 552 ‐ WATER 11/10/22 102 CULLIGAN C.S. 150 N MIRAGE 10.50 553 ‐ SEWER 11/10/22 102 CULLIGAN WWTP‐23611 RD 196 8.00 22376 $850.00
552 ‐ WATER 11/10/22 6118 CVIN LLC D.B.A. VAS 11/1/22‐11/30/22 283.33 553 ‐ SEWER 11/10/22 6118 CVIN LLC D.B.A. VAS 11/1/22‐11/30/22 283.33 554 ‐ REFUSE 11/10/22 6118 CVIN LLC D.B.A. VAS 11/1/22‐11/30/22 283.34 22377 $578.00
552 ‐ WATER 11/10/22 6761 DENNIS R. KELLER CI TOC,REVIEW WELL 14/ 401.00 552 ‐ WATER 11/10/22 6761 DENNIS R. KELLER CI UPDATE TOC MATERIAL 177.00 22378 $1,208.00
101 ‐ GENERAL FUND 11/10/22 316 DEPT OF JUSTICE SEPT 2022 FINGERPRI 224.00 101 ‐ GENERAL FUND 11/10/22 316 DEPT OF JUSTICE SEPT 2022 FINGERPRI 914.00 101 ‐ GENERAL FUND 11/10/22 316 DEPT OF JUSTICE SEPT. BLOOD ALCOHOL 70.00 22379 $558.64
261 ‐ GAS TAX FUND 11/10/22 113 DEPT OF TRANSPORTAT SIGNAL LIGHT 7/1‐9/ 558.64 22380 $784.00
781 ‐ CAL HOME RLF 11/10/22 2540 DEPT.OF HOUSING & C 10/31 CALHOME TO HC 784.00 22381 $601.28
700 ‐ CDBG REVOLVING LN FUND 11/10/22 2540 DEPT.OF HOUSING & C 10/31/22 CDBG TO HC 601.28 22382 $18,031.38
720 ‐ HOME REVOLVING LN FUND 11/10/22 2540 DEPT.OF HOUSING & C 10/31/22 HOME TO HC 18,031.38 22383 $655.97
101 ‐ GENERAL FUND 11/10/22 119 DOUG DELEO WELDING 4"X4"X15' SQ TUBING 534.29 553 ‐ SEWER 11/10/22 119 DOUG DELEO WELDING WWTP VALVE/BUSHING 121.68 22384 $1,848.85
101 ‐ GENERAL FUND 11/10/22 6716 ESO SOLUTIONS INC ER‐LITE VOLUNTEER P 1,848.85 22385 $2,851.00
552 ‐ WATER 11/10/22 137 FRIANT WATER AUTHOR FKX ROUTINE OM&R CO 2,851.00 22386 $1,369.54
101 ‐ GENERAL FUND 11/10/22 6010 FRONTIER COMMUNICAT 209‐042‐9309 1.99 101 ‐ GENERAL FUND 11/10/22 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.26 101 ‐ GENERAL FUND 11/10/22 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.26 101 ‐ GENERAL FUND 11/10/22 6010 FRONTIER COMMUNICAT 209‐151‐2652 46.51 101 ‐ GENERAL FUND 11/10/22 6010 FRONTIER COMMUNICAT 209‐151‐2656 46.51 101 ‐ GENERAL FUND 11/10/22 6010 FRONTIER COMMUNICAT 209‐151‐2662 61.50 101 ‐ GENERAL FUND 11/10/22 6010 FRONTIER COMMUNICAT 562‐2512 155.79 552 ‐ WATER 11/10/22 6010 FRONTIER COMMUNICAT 209‐150‐2936 84.64 552 ‐ WATER 11/10/22 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.26 552 ‐ WATER 11/10/22 6010 FRONTIER COMMUNICAT 562‐1552 108.23 552 ‐ WATER 11/10/22 6010 FRONTIER COMMUNICAT 562‐7131 143.62 553 ‐ SEWER 11/10/22 6010 FRONTIER COMMUNICAT 209‐150‐3631 119.43 553 ‐ SEWER 11/10/22 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.25 553 ‐ SEWER 11/10/22 6010 FRONTIER COMMUNICAT 209‐151‐2654 46.51 553 ‐ SEWER 11/10/22 6010 FRONTIER COMMUNICAT 209‐1551‐2655 46.51 553 ‐ SEWER 11/10/22 6010 FRONTIER COMMUNICAT 559‐562‐6317 103.26 553 ‐ SEWER 11/10/22 6010 FRONTIER COMMUNICAT 562‐7132 312.01 22387 $325.00
400 ‐ WELLNESS CENTER 11/10/22 6093 GFIT OCT STRENGTH/CHAIR 325.00 22388 $1,729.54
101 ‐ GENERAL FUND 11/10/22 148 GOMEZ AUTO & SMOG ADJUST VALVE 279.50 552 ‐ WATER 11/10/22 148 GOMEZ AUTO & SMOG OIL, AIR/OIL FILTER 986.22 553 ‐ SEWER 11/10/22 148 GOMEZ AUTO & SMOG LIC#1051245 OIL 32.00 553 ‐ SEWER 11/10/22 148 GOMEZ AUTO & SMOG LIC#1400808 BATTERY 431.82 22389 $3,949.50
December 13, 2022 Regular Meeting of the Lindsay City Council
101 ‐ GENERAL FUND 11/10/22 6702 GOVERNMENTJOBS.COM 10/7/22‐10/6/23 SUB 3,949.50 22390 $625.00
101 ‐ GENERAL FUND 11/10/22 5279 GREG MCQUEEN BACKGROUND INVESTIG 625.00 22391 $8,610.82
101 ‐ GENERAL FUND 11/10/22 5647 GRISWOLD,LASSALLE,C MATTER: CITY CLERK 602.50 101 ‐ GENERAL FUND 11/10/22 5647 GRISWOLD,LASSALLE,C MATTER: CITY MANAGE 2,576.66 101 ‐ GENERAL FUND 11/10/22 5647 GRISWOLD,LASSALLE,C MATTER: CITY SERVIC 1,468.33 101 ‐ GENERAL FUND 11/10/22 5647 GRISWOLD,LASSALLE,C MATTER:CITY COUNCIL 3,963.33 22392 $885.94
101 ‐ GENERAL FUND 11/10/22 3576 HDS WHITE CAP CONST TECH LEVEL/ROLATAPE 885.94 22393 $50.00
101 ‐ GENERAL FUND 11/10/22 6604 HIPOLITO CERROS NOV COUCIL STIPEND 50.00 22394 $650.00
101 ‐ GENERAL FUND 11/10/22 6346 JEFF PFEIFFER OLIVE BOWL SQUIRREL 225.00 101 ‐ GENERAL FUND 11/10/22 6346 JEFF PFEIFFER SQUIRREL TREATMENT 425.00 22395 $800.00
101 ‐ GENERAL FUND 11/10/22 5833 JUAN CARLOS GARCIA WATER EFFICIENCY PR 800.00 22396 $1,125.00
553 ‐ SEWER 11/10/22 5335 JUAN GOMEZ WWTP‐OPERATIONS 1,125.00 22397 $25.00
400 ‐ WELLNESS CENTER 11/10/22 5804 KELSIE AVINA OCT 2022 ZUMBA 25.00 22398 $1,020.00
779 ‐ 00‐HOME‐0487 11/10/22 2437 KEMPER J. CORTEZ 106415610 1,020.00 22399 $70.00
101 ‐ GENERAL FUND 11/10/22 6972 LEMUS OROZCO MARIA WATER EFFICIENCY PR 70.00 22400 $7,360.50
101 ‐ GENERAL FUND 11/10/22 4076 LIEBERT CASSIDY WHI MATTER:LI012‐00001 1,510.50 101 ‐ GENERAL FUND 11/10/22 4076 LIEBERT CASSIDY WHI MATTER:LI012‐00005 2,550.00 101 ‐ GENERAL FUND 11/10/22 4076 LIEBERT CASSIDY WHI MATTER:LI012‐00007 3,300.00 22401 $5.40
101 ‐ GENERAL FUND 11/10/22 4686 LILY S. SALCEDO UUT REFUND FY 21/22 5.40 22402 $1,142.23
400 ‐ WELLNESS CENTER 11/10/22 5788 LINCOLN AQUATICS CHEM BOTTLE/SHELL D (330.00) 400 ‐ WELLNESS CENTER 11/10/22 5788 LINCOLN AQUATICS W.C. LIQUID CHLORIN 951.37 400 ‐ WELLNESS CENTER 11/10/22 5788 LINCOLN AQUATICS W.C. POOL CHEMICALS 520.86 22403 $140.00
101 ‐ GENERAL FUND 11/10/22 5424 LINDSAY VETERINARY 10/11/22 CASTRATION 25.00 101 ‐ GENERAL FUND 11/10/22 5424 LINDSAY VETERINARY 10/13/22 SPAY 40.00 101 ‐ GENERAL FUND 11/10/22 5424 LINDSAY VETERINARY 10/25/22 CASTRATION 75.00 22404 $1,800.00
400 ‐ WELLNESS CENTER 11/10/22 6260 LLEON SERVICES CHEMICAL BALANCING 1,800.00 22405 $5,000.00
553 ‐ SEWER 11/10/22 5399 MARCOS LOYA DISK HARVAR/SEQUOIA 5,000.00 22406 $75.00
400 ‐ WELLNESS CENTER 11/10/22 6499 MARGARITA BENITEZ B OCT 2022 ZUMBA 75.00 22407 $100.00
400 ‐ WELLNESS CENTER 11/10/22 6599 MARIA EDWARDS OCT. 2022 ZUMBA 100.00 22408 $3,187.52
101 ‐ GENERAL FUND 11/10/22 6550 MARIO SAGREDO ELECT MCDERMONT BALLARDS 163.57 101 ‐ GENERAL FUND 11/10/22 6550 MARIO SAGREDO ELECT WALKWAY LIGHTS 683.21 552 ‐ WATER 11/10/22 6550 MARIO SAGREDO ELECT WATER ROOM LIGHT FI 696.58 553 ‐ SEWER 11/10/22 6550 MARIO SAGREDO ELECT SEQUOIA LIFT STATIO 768.14 553 ‐ SEWER 11/10/22 6550 MARIO SAGREDO ELECT WASTEWATER AERATOR 686.02 556 ‐ VITA‐PAKT 11/10/22 6550 MARIO SAGREDO ELECT VITAPAKT POND PUMP 190.00 22409 $200.00
400 ‐ WELLNESS CENTER 11/10/22 6807 MARISOL DIAZ VELASQ OCT 2022 SPIN/POUND 200.00 22410 $700.00
101 ‐ GENERAL FUND 11/10/22 5964 MARY VALENTI, PH.D. INCIDENT INTERVENTI 200.00 101 ‐ GENERAL FUND 11/10/22 5964 MARY VALENTI, PH.D. PRE‐EMPLOYMENT EVAL 500.00 December 13, 2022 Regular Meeting of the Lindsay City Council
22411 $1,033.00
101 ‐ GENERAL FUND 11/10/22 6437 MORINDA MEDICAL GRO AUGUST 2022 CLAIMS 140.00 101 ‐ GENERAL FUND 11/10/22 6437 MORINDA MEDICAL GRO SEPTEMBER 2022 CLAI 893.00 22412 $588.35
101 ‐ GENERAL FUND 11/10/22 6162 MUNISERVICES STARS CA Q2 2022 588.35 22413 $300.00
101 ‐ GENERAL FUND 11/10/22 4365 NEYBA AMEZCUA CANOPIES BANNER REIMB 300.00 22414 $13.95
101 ‐ GENERAL FUND 11/10/22 1565 OACYS.COM INC DOMAIN PARKING & DN 13.95 22415 $180.81
552 ‐ WATER 11/10/22 6673 PACE SUPPLY CORP IPS 250PSI 180.81 22416 $22,786.90
552 ‐ WATER 11/10/22 4618 PROVOST & PRITCHARD WATER AND SEWER STUDY 5,674.40 552 ‐ WATER 11/10/22 4618 PROVOST & PRITCHARD WATER FEASIBILITY 4,913.50 552 ‐ WATER 11/10/22 4618 PROVOST & PRITCHARD WELL 11 FEASIBILITY 9,706.70 600 ‐ CAPITAL IMPROVEMENT 11/10/22 4618 PROVOST & PRITCHARD HERMOSA ST REHAB 94.00 600 ‐ CAPITAL IMPROVEMENT 11/10/22 4618 PROVOST & PRITCHARD TULARE/FOOTHILL REH 2,398.30 22417 $1,604.91
101 ‐ GENERAL FUND 11/10/22 285 QUILL CORPORATION 6FT POWER SURGE 52.16 101 ‐ GENERAL FUND 11/10/22 285 QUILL CORPORATION DRY ERASE BOARD 100.04 101 ‐ GENERAL FUND 11/10/22 285 QUILL CORPORATION EXTENSION CORD 13.04 101 ‐ GENERAL FUND 11/10/22 285 QUILL CORPORATION FOLDERS 222.92 101 ‐ GENERAL FUND 11/10/22 285 QUILL CORPORATION JOURNAL NOTEBOOKS 26.08 101 ‐ GENERAL FUND 11/10/22 285 QUILL CORPORATION LOGITECH & EENVELOP 178.62 101 ‐ GENERAL FUND 11/10/22 285 QUILL CORPORATION OFFICE SUPPLIES 134.77 101 ‐ GENERAL FUND 11/10/22 285 QUILL CORPORATION OFFICE SUPPLIES 18.68 101 ‐ GENERAL FUND 11/10/22 285 QUILL CORPORATION OFFICE SUPPLIES 182.28 101 ‐ GENERAL FUND 11/10/22 285 QUILL CORPORATION OFFICE SUPPLIES 207.39 101 ‐ GENERAL FUND 11/10/22 285 QUILL CORPORATION OFFICE SUPPLIES 49.29 400 ‐ WELLNESS CENTER 11/10/22 285 QUILL CORPORATION MARS MIX CARVING EVENT 37.99 400 ‐ WELLNESS CENTER 11/10/22 285 QUILL CORPORATION WIPES,BAND‐AID,SCIS 381.65 22418 $2,593.13
554 ‐ REFUSE 11/10/22 3016 QUINN COMPANY 2.5YD WHEEL LOADER 2,593.13 22419 $5,000.00
552 ‐ WATER 11/10/22 6095 RALPH GUTIERREZ WAT OCT. CPO WATER TRMT 2,500.00 553 ‐ SEWER 11/10/22 6095 RALPH GUTIERREZ WAT OCT. CPO WATER TRMT 2,500.00 22420 $50.00
101 ‐ GENERAL FUND 11/10/22 6602 RAMIRO SERNA NOV COUCIL STIPEND 50.00 22421 $75.00
101 ‐ GENERAL FUND 11/10/22 6603 RAMONA CAUDILLO NOV COUCIL STIPEND 75.00 22422 $40.23
101 ‐ GENERAL FUND 11/10/22 6943 RICHARD CARRILLO HEATER FOR RECORD D 40.23 22423 $540.00
101 ‐ GENERAL FUND 11/10/22 3622 RLH FIRE PROTECTION LIBRARY ALARM TROUB 375.00 400 ‐ WELLNESS CENTER 11/10/22 3622 RLH FIRE PROTECTION FIRE SPRINKLER INSP 165.00 22424 $50.00
101 ‐ GENERAL FUND 11/10/22 5511 ROSAENA SANCHEZ NOV COUCIL STIPEND 50.00 22425 $450.00
400 ‐ WELLNESS CENTER 11/10/22 3208 SHANNON PATTERSON AQUA,STRENGHT&BALAN 450.00 22426 $210.88
101 ‐ GENERAL FUND 11/10/22 5624 SIERRA SANITATION, 11/1‐11/28 OLIVE RE 210.88 22427 $47,197.44
101 ‐ GENERAL FUND 11/10/22 310 SOUTHERN CA. EDISON 600001505934 1,911.47 101 ‐ GENERAL FUND 11/10/22 310 SOUTHERN CA. EDISON 600001505934 2,150.86 101 ‐ GENERAL FUND 11/10/22 310 SOUTHERN CA. EDISON 600001505934 230.15 101 ‐ GENERAL FUND 11/10/22 310 SOUTHERN CA. EDISON 600001505934 3,225.69 101 ‐ GENERAL FUND 11/10/22 310 SOUTHERN CA. EDISON 600001505934 59.31 101 ‐ GENERAL FUND 11/10/22 310 SOUTHERN CA. EDISON LATE FEE‐23611 RD 1 38.36 261 ‐ GAS TAX FUND 11/10/22 310 SOUTHERN CA. EDISON 600001505934 5,749.70 552 ‐ WATER 11/10/22 310 SOUTHERN CA. EDISON 600001505934 24,573.13 553 ‐ SEWER 11/10/22 310 SOUTHERN CA. EDISON 600001505934 485.44 553 ‐ SEWER 11/10/22 310 SOUTHERN CA. EDISON WWTP 23611 RD 196 7,723.68 556 ‐ VITA‐PAKT 11/10/22 310 SOUTHERN CA. EDISON 600001505934 333.26 December 13, 2022 Regular Meeting of the Lindsay City Council
883 ‐ SIERRA VIEW ASSESSMENT 11/10/22 310 SOUTHERN CA. EDISON 600001505934 36.16 884 ‐ HERITAGE ASSESSMENT DIST 11/10/22 310 SOUTHERN CA. EDISON 600001505934 17.85 886 ‐ SAMOA 11/10/22 310 SOUTHERN CA. EDISON 600001505934 18.08 887 ‐ SWEETBRIER TOWNHOUSES 11/10/22 310 SOUTHERN CA. EDISON 600001505934 22.86 888 ‐ PARKSIDE 11/10/22 310 SOUTHERN CA. EDISON 600001505934 17.85 889 ‐ SIERRA VISTA ASSESSMENT 11/10/22 310 SOUTHERN CA. EDISON 600001505934 183.83 890 ‐ MAPLE VALLEY ASSESSMENT 11/10/22 310 SOUTHERN CA. EDISON 600001505934 CREDIT (23.64) 891 ‐ PELOUS RANCH 11/10/22 310 SOUTHERN CA. EDISON 600001505934 443.40 22428 $85.83
101 ‐ GENERAL FUND 11/10/22 6551 TIME WARNER CABLE 106076601 OCT. 85.83 22429 $648.38
779 ‐ 00‐HOME‐0487 11/10/22 3634 STATE FARM JUDITH MOOR 87WT209 648.38 22430 $200.27
101 ‐ GENERAL FUND 11/10/22 6703 STERICYCLE INC 9/19/22 SHRED SERVI 126.27 101 ‐ GENERAL FUND 11/10/22 6703 STERICYCLE INC 9/19/22 SHRED SERVI 74.00 22431 $4,096.67
101 ‐ GENERAL FUND 11/10/22 6146 SUPERION, LLC 10/1/22‐10/31/22 1,024.16 552 ‐ WATER 11/10/22 6146 SUPERION, LLC 10/1/22‐10/31/22 1,024.17 553 ‐ SEWER 11/10/22 6146 SUPERION, LLC 10/1/22‐10/31/22 1,024.17 554 ‐ REFUSE 11/10/22 6146 SUPERION, LLC 10/1/22‐10/31/22 1,024.17 22432 $2,692.00
552 ‐ WATER 11/10/22 1921 TELSTAR INSTRUMENTS WASTE WATER SERVICE 1,346.00 553 ‐ SEWER 11/10/22 1921 TELSTAR INSTRUMENTS WASTE WATER SERVICE 1,346.00 22433 $57.85
101 ‐ GENERAL FUND 11/10/22 144 THE GAS COMPANY 139 N SWEETBRIER BB 15.16 400 ‐ WELLNESS CENTER 11/10/22 144 THE GAS COMPANY 740 SEQUOIA BLDG CT 42.69 22434 $250.00
101 ‐ GENERAL FUND 11/10/22 5792 THOMSON REUTERS ‐ W OCT. ONLIN/SOFTWARE 250.00 22435 $354.93
400 ‐ WELLNESS CENTER 11/10/22 3396 TK ELEVATOR CORPORA W.C. FULL MAINTENAN 354.93 22436 $129.96
101 ‐ GENERAL FUND 11/10/22 6413 TRANS UNION LLC 8/26/22‐9/25/22 SVC 60.00 101 ‐ GENERAL FUND 11/10/22 6413 TRANS UNION LLC 9/26/22‐10/25/22 SV 69.96 22437 $45.05
553 ‐ SEWER 11/10/22 336 TULARE COUNTY TAX C 1ST INSTALLMENT PRO 45.05 22438 $45.05
553 ‐ SEWER 11/10/22 336 TULARE COUNTY TAX C 1ST INSTALLMENT PRO 45.05 22439 $800.68
553 ‐ SEWER 11/10/22 336 TULARE COUNTY TAX C 1ST INSTALLMENT PRO 800.68 22440 $2,100.39
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C NAVARRO JACQUELINE 2,100.39 22441 $2,511.71
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C AVINA JOSEPH 2,511.71 22442 $1,024.85
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C VARELA SILVESTREE & 1,024.85 22443 $777.87
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C MARTINEZ ADELFA TIN 777.87 22444 $1,099.83
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C VILLA GUADALUPE 1,099.83 22445 $2,226.22
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C BALGAITH SALEM 2,226.22 22446 $1,543.66
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C MAGANA SUSANA 1,543.66 22447 $1,583.67
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C SAID MOHSIN A. 1,583.67 22448 $1,477.23
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C GUTIERREZ RAFAEL 1,477.23 22449 $1,430.73
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C LOPEZ ANDREA 1,430.73 22450 $2,189.89
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C VILLA JESUS & MELIS 2,189.89 22451 $1,430.73
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C ESPINOZA RITO 1,430.73 December 13, 2022 Regular Meeting of the Lindsay City Council
22452 $1,470.01
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C GONZALEZ JOSE & GLO 1,470.01 22453 $1,430.73
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C CORTEZ JORGE 1,430.73 22454 $1,153.97
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C HERNANDEZ JOSE DE J 1,153.97 22455 $1,216.99
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C MOOR JUDITH M. 1,216.99 22456 $1,819.10
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C ANDRADE JUAN 1,819.10 22457 $1,197.73
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C ANDRADE ADRIANA 1,197.73 22458 $1,562.96
779 ‐ 00‐HOME‐0487 11/10/22 336 TULARE COUNTY TAX C PEREZ SANDY 1,562.96 22459 $2,844.23
101 ‐ GENERAL FUND 11/10/22 1513 UNITED RENTALS, INC BOOM MILITARY BANNE 2,844.23 22461 $16,480.80
101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/16/22 JULISSA LU 486.00 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/23 ALEXANDER GON 864.00 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/23 ALICIA FUENTE 172.80 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/23 JORGE GONZALE 691.20 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/23 JOSHUA DUFFEY 864.00 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/23 SANDRA MARTIN 864.00 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/23 SYDNEY MARTIN 453.60 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/23/22 JULISSA LU 820.80 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/30 ALEXANDER GON 864.00 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/30 ALICIA FUENTE 216.00 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/30 JORGE GONZALE 864.00 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/30 JOSHUA DUFFEY 864.00 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/30 SANDRA MARTIN 864.00 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/30 SYDNEY MARTIN 367.20 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/30/22 JULISSA LU 475.20 101 ‐ GENERAL FUND 11/10/22 5747 UNITED STAFFING 10/9/22 JULISSA LUN 820.80 400 ‐ WELLNESS CENTER 11/10/22 5747 UNITED STAFFING 10/23 BRETT MORRIS 864.00 400 ‐ WELLNESS CENTER 11/10/22 5747 UNITED STAFFING 10/23 ESMERALDA PAD 43.20 400 ‐ WELLNESS CENTER 11/10/22 5747 UNITED STAFFING 10/23 SILVIA HERNAN 696.60 400 ‐ WELLNESS CENTER 11/10/22 5747 UNITED STAFFING 10/23/22 LISETTE AN 491.40 400 ‐ WELLNESS CENTER 11/10/22 5747 UNITED STAFFING 10/30 BRETT MORRIS 864.00 400 ‐ WELLNESS CENTER 11/10/22 5747 UNITED STAFFING 10/30 SILVIA HERNAN 864.00 400 ‐ WELLNESS CENTER 11/10/22 5747 UNITED STAFFING 10/30/22 LIZETTE AN 291.60 552 ‐ WATER 11/10/22 5747 UNITED STAFFING 10/16/22 ALEXANDER 216.00 552 ‐ WATER 11/10/22 5747 UNITED STAFFING 10/23 ALICIA FUENTE 172.80 552 ‐ WATER 11/10/22 5747 UNITED STAFFING 10/30 ALICIA FUENTE 216.00 552 ‐ WATER 11/10/22 5747 UNITED STAFFING WATER WASTE SYDNEY 216.00 552 ‐ WATER 11/10/22 5747 UNITED STAFFING WATER WASTER SYDNEY 216.00 553 ‐ SEWER 11/10/22 5747 UNITED STAFFING 10/23 ALICIA FUENTE 172.80 553 ‐ SEWER 11/10/22 5747 UNITED STAFFING 10/30 ALICIA FUENTE 216.00 554 ‐ REFUSE 11/10/22 5747 UNITED STAFFING 10/23 ALICIA FUENTE 172.80 554 ‐ REFUSE 11/10/22 5747 UNITED STAFFING 10/30 ALICIA FUENTE 216.00 22462 $2,420.00
101 ‐ GENERAL FUND 11/10/22 624 US BANK TRUST ADMIN FEES 2,420.00 22463 $1,000.09
101 ‐ GENERAL FUND 11/10/22 1041 VERIZON WIRELESS 642065758‐00003 22.26 101 ‐ GENERAL FUND 11/10/22 1041 VERIZON WIRELESS 642065758‐00003 22.26 101 ‐ GENERAL FUND 11/10/22 1041 VERIZON WIRELESS 642065758‐00003 22.26 101 ‐ GENERAL FUND 11/10/22 1041 VERIZON WIRELESS 642065758‐00003 41.98 101 ‐ GENERAL FUND 11/10/22 1041 VERIZON WIRELESS 642065758‐00004 824.53 552 ‐ WATER 11/10/22 1041 VERIZON WIRELESS 642065758‐00003 22.26 553 ‐ SEWER 11/10/22 1041 VERIZON WIRELESS 642065758‐00003 22.27 554 ‐ REFUSE 11/10/22 1041 VERIZON WIRELESS 642065758‐00003 22.27 22464 $1,741.72
261 ‐ GAS TAX FUND 11/10/22 368 VOLLMER EXCAVATION, TEN LOAD OF COLD MI 1,340.41 261 ‐ GAS TAX FUND 11/10/22 368 VOLLMER EXCAVATION, TRANSFER LOAD OF DG 401.31 December 13, 2022 Regular Meeting of the Lindsay City Council
22465 $50.00
101 ‐ GENERAL FUND 11/10/22 4068 YOLANDA FLORES NOV COUCIL STIPEND 50.00 22466 $50.00
400 ‐ WELLNESS CENTER 11/10/22 5912 YVETTE DURAN OCT. 2022 POUND 50.00 22467 $1,727.50
101 ‐ GENERAL FUND 11/18/22 6971 CHINAS ALLEY EMPLOYEE XMAS DINNE 1,727.50 22468 $150.00
101 ‐ GENERAL FUND 11/21/22 447 SHERIFF'S CIVIL DIV DED:0530 GARNISHMNT 150.00 22469 $495.69
101 ‐ GENERAL FUND 11/21/22 4660 CITY OF LINDSAY DED:052 WELLNESS 21.69 101 ‐ GENERAL FUND 11/21/22 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 474.00 22470 $84.72
101 ‐ GENERAL FUND 11/21/22 3192 SEIU LOCAL 521 DED:DUES UNION DUES 84.72 22471 $7,170.16
101 ‐ GENERAL FUND 11/21/22 6452 GREAT‐WEST TRUST DED:0500 DEF COMP 2,671.98 101 ‐ GENERAL FUND 11/21/22 6452 GREAT‐WEST TRUST DED:0555 DC LOANPAY 1,225.43 101 ‐ GENERAL FUND 11/21/22 6452 GREAT‐WEST TRUST DED:151 DEFERCOMP 2,926.11 101 ‐ GENERAL FUND 11/21/22 6452 GREAT‐WEST TRUST DED:ROTH ROTH 346.64 22472 $41.58
101 ‐ GENERAL FUND 11/21/22 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 41.58 22473 $94.59
101 ‐ GENERAL FUND 11/21/22 6246 MCDERMONT VENTURE I DED:051 MCDERMONT 94.59 22474 $397.38
101 ‐ GENERAL FUND 11/21/22 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 397.38 22475 $150.00
101 ‐ GENERAL FUND 11/21/22 447 SHERIFF'S CIVIL DIV DED:0530 GARNISHMNT 150.00 22476 $495.69
101 ‐ GENERAL FUND 11/21/22 4660 CITY OF LINDSAY DED:052 WELLNESS 21.69 101 ‐ GENERAL FUND 11/21/22 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 474.00 22477 $84.72
101 ‐ GENERAL FUND 11/21/22 3192 SEIU LOCAL 521 DED:DUES UNION DUES 84.72 22478 $7,179.68
101 ‐ GENERAL FUND 11/21/22 6452 GREAT‐WEST TRUST DED:0500 DEF COMP 2,677.42 101 ‐ GENERAL FUND 11/21/22 6452 GREAT‐WEST TRUST DED:0555 DC LOANPAY 1,225.43 101 ‐ GENERAL FUND 11/21/22 6452 GREAT‐WEST TRUST DED:151 DEFERCOMP 2,930.19 101 ‐ GENERAL FUND 11/21/22 6452 GREAT‐WEST TRUST DED:ROTH ROTH 346.64 22479 $41.58
101 ‐ GENERAL FUND 11/21/22 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 41.58 22480 $94.59
101 ‐ GENERAL FUND 11/21/22 6246 MCDERMONT VENTURE I DED:051 MCDERMONT 94.59 22481 $397.38
101 ‐ GENERAL FUND 11/21/22 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 397.38 22482 $684.72
400 ‐ WELLNESS CENTER 11/23/22 6813 4IMPRINT INC BUDGET RFID SLEEVE 684.72 22483 $497.58
400 ‐ WELLNESS CENTER 11/23/22 2392 A & G TELEPHONE SER W.C. HOME ZONE LABO 497.58 22484 $621.39
101 ‐ GENERAL FUND 11/23/22 007 AG IRRIGATION SALES CITY PARK‐PVC PIPES 167.01 101 ‐ GENERAL FUND 11/23/22 007 AG IRRIGATION SALES REPLACEMENT BLADE 50.32 101 ‐ GENERAL FUND 11/23/22 007 AG IRRIGATION SALES SENIOR CNTR‐VALVES 128.26 552 ‐ WATER 11/23/22 007 AG IRRIGATION SALES WATER DEPT‐PVC PIPE 32.61 556 ‐ VITA‐PAKT 11/23/22 007 AG IRRIGATION SALES VITAPAKT POND‐OP. S 243.19 22485 $45.00
101 ‐ GENERAL FUND 11/23/22 1858 ALL PRO FIRE AND SA SOCCER FIELD OFFICE 45.00 22486 $24.50
101 ‐ GENERAL FUND 11/23/22 6362 AMERICAN BUSINESS M C.M. #13987 TONER 15.00 101 ‐ GENERAL FUND 11/23/22 6362 AMERICAN BUSINESS M FINANCE CHARGE 9.50 December 13, 2022 Regular Meeting of the Lindsay City Council
22487 $1,245.00
101 ‐ GENERAL FUND 11/23/22 3898 AMERICAN INCORPORAT 150 MIRAGE‐HVAC SVC 295.00 101 ‐ GENERAL FUND 11/23/22 3898 AMERICAN INCORPORAT CITY HALL‐HVAC SVC 780.00 553 ‐ SEWER 11/23/22 3898 AMERICAN INCORPORAT WWTP‐HVAC SERVICE 170.00 22488 $281.68
101 ‐ GENERAL FUND 11/23/22 3428 AT&T MOBILITY C.M. 287297286867 N 40.24 101 ‐ GENERAL FUND 11/23/22 3428 AT&T MOBILITY C.S. 287297286867 N 40.24 101 ‐ GENERAL FUND 11/23/22 3428 AT&T MOBILITY F.D. 287297286867 N 40.24 101 ‐ GENERAL FUND 11/23/22 3428 AT&T MOBILITY H.R. 287297286867 N 40.24 101 ‐ GENERAL FUND 11/23/22 3428 AT&T MOBILITY P.S. 287297286867 N 80.48 400 ‐ WELLNESS CENTER 11/23/22 3428 AT&T MOBILITY W.C. 287297286867 N 40.24 22489 $129.64
101 ‐ GENERAL FUND 11/23/22 5457 AUTO ZONE COMMERCIA ANTIFREEZE/COOLANT 21.74 101 ‐ GENERAL FUND 11/23/22 5457 AUTO ZONE COMMERCIA OIL & AIR FILTER 40.20 101 ‐ GENERAL FUND 11/23/22 5457 AUTO ZONE COMMERCIA WINDSHLD WASHER FLU 11.39 552 ‐ WATER 11/23/22 5457 AUTO ZONE COMMERCIA WIPER BLADES 56.31 22490 $451.40
101 ‐ GENERAL FUND 11/23/22 5381 AWAKE SKATE SHOP JACKET FOR CITY CLE 31.39 101 ‐ GENERAL FUND 11/23/22 5381 AWAKE SKATE SHOP JACKET FOR IT MANAG 31.39 101 ‐ GENERAL FUND 11/23/22 5381 AWAKE SKATE SHOP JACKET FOR P.S. 31.39 101 ‐ GENERAL FUND 11/23/22 5381 AWAKE SKATE SHOP JACKETS FOR CM&HR 62.79 101 ‐ GENERAL FUND 11/23/22 5381 AWAKE SKATE SHOP XMAS LIGHTING BANNE 294.44 22491 $2,250.00
101 ‐ GENERAL FUND 11/23/22 6689 BUILDING MAINTENANC NOV. CLEANING SERVI 321.43 101 ‐ GENERAL FUND 11/23/22 6689 BUILDING MAINTENANC NOV. CLEANING SERVI 321.43 101 ‐ GENERAL FUND 11/23/22 6689 BUILDING MAINTENANC NOV. CLEANING SERVI 321.43 101 ‐ GENERAL FUND 11/23/22 6689 BUILDING MAINTENANC NOV. CLEANING SERVI 321.43 552 ‐ WATER 11/23/22 6689 BUILDING MAINTENANC NOV. CLEANING SERVI 321.43 553 ‐ SEWER 11/23/22 6689 BUILDING MAINTENANC NOV. CLEANING SERVI 321.43 554 ‐ REFUSE 11/23/22 6689 BUILDING MAINTENANC NOV. CLEANING SERVI 321.42 22492 $276.00
101 ‐ GENERAL FUND 11/23/22 5013 BUZZ KILL PEST CONT 157 N MIRAGE #CL157 33.00 101 ‐ GENERAL FUND 11/23/22 5013 BUZZ KILL PEST CONT 174 SWEETBRIER #CL1 34.00 101 ‐ GENERAL FUND 11/23/22 5013 BUZZ KILL PEST CONT 801 ELMWOOD #CL801 25.00 101 ‐ GENERAL FUND 11/23/22 5013 BUZZ KILL PEST CONT 911 N PARKSIDE #CL9 27.00 552 ‐ WATER 11/23/22 5013 BUZZ KILL PEST CONT 729 W HONOLULU #CL7 28.00 553 ‐ SEWER 11/23/22 5013 BUZZ KILL PEST CONT 23611 RD 196 #CL236 33.00 886 ‐ SAMOA 11/23/22 5013 BUZZ KILL PEST CONT SAMOA #CLSAMOA 43.00 887 ‐ SWEETBRIER TOWNHOUSES 11/23/22 5013 BUZZ KILL PEST CONT HERMOSA TOWN HOMES 53.00 22493 $153.90
101 ‐ GENERAL FUND 11/23/22 1979 CALIFORNIA BUILDING JUL‐SEP 2022 SB1473 153.90 22494 $1,671.38
101 ‐ GENERAL FUND 11/23/22 6351 CANON FINANCIAL SER C.M. 11/1/22‐11/30/ 270.00 101 ‐ GENERAL FUND 11/23/22 6351 CANON FINANCIAL SER C.S. 11/1/22‐11/30/ 270.00 101 ‐ GENERAL FUND 11/23/22 6351 CANON FINANCIAL SER F.D. 11/1/22‐11/30/ 270.00 101 ‐ GENERAL FUND 11/23/22 6351 CANON FINANCIAL SER H.R. 11/1/22‐11/30/ 270.00 101 ‐ GENERAL FUND 11/23/22 6351 CANON FINANCIAL SER P.S. 11/1/22‐11/30/ 270.00 400 ‐ WELLNESS CENTER 11/23/22 6351 CANON FINANCIAL SER W.C. 11/1/22‐11/30/ 270.00 400 ‐ WELLNESS CENTER 11/23/22 6351 CANON FINANCIAL SER W.C. 7/1/22‐9/30/22 51.38 22495 $248.39
101 ‐ GENERAL FUND 11/23/22 076 CENTRAL VALLEY BUSI INSPECTION FORMS 186.42 261 ‐ GAS TAX FUND 11/23/22 076 CENTRAL VALLEY BUSI PROP 68 SIGNS 61.97 22496 $332.92
400 ‐ WELLNESS CENTER 11/23/22 6500 CHARTER COMMUNICATI NOV. W.C. INTERNET 332.92 22497 $1,133.69
101 ‐ GENERAL FUND 11/23/22 5832 CINTAS CORPORATION 11/16UNIFORMS&SUPPL 53.38 101 ‐ GENERAL FUND 11/23/22 5832 CINTAS CORPORATION 11/16UNIFORMS&SUPPL 53.39 101 ‐ GENERAL FUND 11/23/22 5832 CINTAS CORPORATION 11/16UNIFORMS&SUPPL 53.39 101 ‐ GENERAL FUND 11/23/22 5832 CINTAS CORPORATION 11/2UNIFORMS&SUPPLI 46.44 101 ‐ GENERAL FUND 11/23/22 5832 CINTAS CORPORATION 11/2UNIFORMS&SUPPLI 46.44 101 ‐ GENERAL FUND 11/23/22 5832 CINTAS CORPORATION 11/2UNIFORMS&SUPPLI 46.44 101 ‐ GENERAL FUND 11/23/22 5832 CINTAS CORPORATION 11/9UNIFORMS&SUPPLI 62.13 101 ‐ GENERAL FUND 11/23/22 5832 CINTAS CORPORATION 11/9UNIFORMS&SUPPLI 62.13 December 13, 2022 Regular Meeting of the Lindsay City Council
101 ‐ GENERAL FUND 11/23/22 5832 CINTAS CORPORATION 11/9UNIFORMS&SUPPLI 62.13 552 ‐ WATER 11/23/22 5832 CINTAS CORPORATION 11/16UNIFORMS&SUPPL 53.39 552 ‐ WATER 11/23/22 5832 CINTAS CORPORATION 11/2UNIFORMS&SUPPLI 46.43 552 ‐ WATER 11/23/22 5832 CINTAS CORPORATION 11/9UNIFORMS&SUPPLI 62.13 553 ‐ SEWER 11/23/22 5832 CINTAS CORPORATION 11/16UNIFORMS&SUPPL 53.39 553 ‐ SEWER 11/23/22 5832 CINTAS CORPORATION 11/2UNIFORMS&SUPPLI 46.43 553 ‐ SEWER 11/23/22 5832 CINTAS CORPORATION 11/9UNIFORMS&SUPPLI 62.13 554 ‐ REFUSE 11/23/22 5832 CINTAS CORPORATION 11/16UNIFORMS&SUPPL 53.39 554 ‐ REFUSE 11/23/22 5832 CINTAS CORPORATION 11/2UNIFORMS&SUPPLI 46.44 554 ‐ REFUSE 11/23/22 5832 CINTAS CORPORATION 11/9UNIFORMS&SUPPLI 62.13 556 ‐ VITA‐PAKT 11/23/22 5832 CINTAS CORPORATION 11/16UNIFORMS&SUPPL 53.39 556 ‐ VITA‐PAKT 11/23/22 5832 CINTAS CORPORATION 11/2UNIFORMS&SUPPLI 46.44 556 ‐ VITA‐PAKT 11/23/22 5832 CINTAS CORPORATION 11/9UNIFORMS&SUPPLI 62.13 22498 $1,090.00
101 ‐ GENERAL FUND 11/23/22 279 CITY OF PORTERVILLE OCT. ANIMAL SERVICE 1,090.00 22499 $343.13
101 ‐ GENERAL FUND 11/23/22 111 DEPT OF CONSERVATIO JUL‐SEP 2022 COMMER 81.14 101 ‐ GENERAL FUND 11/23/22 111 DEPT OF CONSERVATIO JUL‐SEP 2022 RESIDE 261.99 22500 $1,000.00
781 ‐ CAL HOME RLF 11/23/22 2540 DEPT.OF HOUSING & C 11/15 CALHOME TO HC 1,000.00 22501 $1,227.81
700 ‐ CDBG REVOLVING LN FUND 11/23/22 2540 DEPT.OF HOUSING & C 11/15/22 CDBG TO HC 1,227.81 22502 $6,833.91
720 ‐ HOME REVOLVING LN FUND 11/23/22 2540 DEPT.OF HOUSING & C 11/15/22 HOME TO HC 6,833.91 22503 $350.00
101 ‐ GENERAL FUND 11/23/22 6366 DJ RENE SALAZAR CHRISTMAS EMPLOYEE 350.00 22504 $3,629.94
553 ‐ SEWER 11/23/22 5978 DOMINO SOLAR LTD JB‐9325693‐00 OCT. 3,629.94 22505 $1,138.37
552 ‐ WATER 11/23/22 137 FRIANT WATER AUTHOR SLDMWA EXCHANGE COS 1,138.37 22506 $43.36
101 ‐ GENERAL FUND 11/23/22 151 GRAINGER INC RESET VALVE, ACORN 43.36 22507 $524.68
101 ‐ GENERAL FUND 11/23/22 1391 HOME DEPOT LANDSCAPE OP SUPPLI 283.32 101 ‐ GENERAL FUND 11/23/22 1391 HOME DEPOT P.S. PATIO FENCE MO 241.36 22508 $522.19
552 ‐ WATER 11/23/22 197 JORGENSEN COMPANY I SCBA ANNUAL FLOW TE 522.19 22509 $6,000.00
553 ‐ SEWER 11/23/22 6774 KAWEAH WATER FOUNDA SAFE DRINKING WATER 6,000.00 22510 $21,824.70
101 ‐ GENERAL FUND 11/23/22 6563 KAYLOR LANDSCAPE CHRISTMAS DECORATIO 21,824.70 22511 $69,515.67
101 ‐ GENERAL FUND 11/23/22 6100 KEENAN & ASSOCIATES DEC. COMPLETE CARE 428.00 101 ‐ GENERAL FUND 11/23/22 6100 KEENAN & ASSOCIATES DEC. PPO 250 ACTIVE 58,088.10 101 ‐ GENERAL FUND 11/23/22 6100 KEENAN & ASSOCIATES DEC. PPO 250 RETIRE 2,755.17 101 ‐ GENERAL FUND 11/23/22 6100 KEENAN & ASSOCIATES DEC. PPO 500 ACTIVE 8,244.40 22512 $25.00
101 ‐ GENERAL FUND 11/23/22 5424 LINDSAY VETERINARY 11/01 ANIMAL SERVIC 25.00 22513 $698.23
101 ‐ GENERAL FUND 11/23/22 6550 MARIO SAGREDO ELECT LIBRARY BTHRM LIGHT 698.23 22514 $149.66
101 ‐ GENERAL FUND 11/23/22 2735 MEZQUITE NURSERY, I P.S.‐TREE AND PLANT 149.66 22515 $25,312.67
600 ‐ CAPITAL IMPROVEMENT 11/23/22 6639 MOORE IACOFANO GOLT 7/1‐8/10 OLIVE BOWL 8,710.17 600 ‐ CAPITAL IMPROVEMENT 11/23/22 6639 MOORE IACOFANO GOLT OCT. OLIVE BOWL AAS 16,602.50 22516 $325.00
101 ‐ GENERAL FUND 11/23/22 6437 MORINDA MEDICAL GRO OCT. 2022 CLAIMS 325.00 22517 $160.52
101 ‐ GENERAL FUND 11/23/22 6162 MUNISERVICES SUTA CA‐Q2 2022 160.52 22518 $197.89
101 ‐ GENERAL FUND 11/23/22 6162 MUNISERVICES SUTA CA‐Q2 2022 197.89 22519 $470.31
101 ‐ GENERAL FUND 11/23/22 5625 NGLIC‐SUPERIOR VISI DEC. 2022 VISION PL 470.31 December 13, 2022 Regular Meeting of the Lindsay City Council
22520 $6,491.00
552 ‐ WATER 11/23/22 6513 WILLIAM A. OROSCO ANNUAL BACKFLOW TES 3,241.00 552 ‐ WATER 11/23/22 6513 WILLIAM A. OROSCO ANNUAL BACKFLOW TES 3,250.00 22521 $135.00
101 ‐ GENERAL FUND 11/23/22 276 PORTERVILLE RECORDE AD#109248‐PUBLIC HE 135.00 22522 $755.69
552 ‐ WATER 11/23/22 6977 DE VAULT ELECTRIC P 9" POWER WELL SOUND 755.69 22523 $25,621.75
552 ‐ WATER 11/23/22 4618 PROVOST & PRITCHARD OCT. WATER RATES 6.00 552 ‐ WATER 11/23/22 4618 PROVOST & PRITCHARD SEP WATER RATES STU 67.50 552 ‐ WATER 11/23/22 4618 PROVOST & PRITCHARD WATER FEASIBILITY 5,423.80 553 ‐ SEWER 11/23/22 4618 PROVOST & PRITCHARD OCT. GWM&R EAST PON 3,570.55 553 ‐ SEWER 11/23/22 4618 PROVOST & PRITCHARD OCT. SEWER RATES 6.00 553 ‐ SEWER 11/23/22 4618 PROVOST & PRITCHARD SEP SEWER RATES STU 67.50 553 ‐ SEWER 11/23/22 4618 PROVOST & PRITCHARD WWTP SAMPLE PFAS/PF 3,540.80 556 ‐ VITA‐PAKT 11/23/22 4618 PROVOST & PRITCHARD VITA‐PAKT CONSULT S 6,312.78 600 ‐ CAPITAL IMPROVEMENT 11/23/22 4618 PROVOST & PRITCHARD HERMOSA ST CONSTRUC 6,626.82 22524 $624.80
101 ‐ GENERAL FUND 11/23/22 399 QUAD KNOPF,INC. OCT. PLANNING SERVI 624.80 22525 $884.94
101 ‐ GENERAL FUND 11/23/22 285 QUILL CORPORATION 27‐INCH FHD MONITOR 359.09 101 ‐ GENERAL FUND 11/23/22 285 QUILL CORPORATION C.C.‐ OFFICE SUPPLI 62.03 101 ‐ GENERAL FUND 11/23/22 285 QUILL CORPORATION CORK BOARD 63.01 101 ‐ GENERAL FUND 11/23/22 285 QUILL CORPORATION CORK BOARD 65.76 101 ‐ GENERAL FUND 11/23/22 285 QUILL CORPORATION EXPO ERASER 93.27 101 ‐ GENERAL FUND 11/23/22 285 QUILL CORPORATION LOGITECH WRLSS COMB 95.69 101 ‐ GENERAL FUND 11/23/22 285 QUILL CORPORATION OFFICE SUPPLIES 93.26 101 ‐ GENERAL FUND 11/23/22 285 QUILL CORPORATION POP‐UP NOTES & FLAG 52.83 22526 $800.00
101 ‐ GENERAL FUND 11/23/22 6976 SANFORD LARRY WATER EFFICIENCY PR 800.00 22527 $78.38
101 ‐ GENERAL FUND 11/23/22 298 SAVE MART SUPERMARK H.R.‐RECRUIT SNACKS 42.43 101 ‐ GENERAL FUND 11/23/22 298 SAVE MART SUPERMARK REFRESHMENT‐SENATOR 35.95 22528 $510.68
101 ‐ GENERAL FUND 11/23/22 310 SOUTHERN CA. EDISON 700345129983‐LATE F 0.36 101 ‐ GENERAL FUND 11/23/22 310 SOUTHERN CA. EDISON 700439853113‐LATE F 0.18 101 ‐ GENERAL FUND 11/23/22 310 SOUTHERN CA. EDISON 700477296224‐LATE F 0.42 101 ‐ GENERAL FUND 11/23/22 310 SOUTHERN CA. EDISON 700477332697‐LATE F 0.53 101 ‐ GENERAL FUND 11/23/22 310 SOUTHERN CA. EDISON 700482892316‐LATE F 0.92 101 ‐ GENERAL FUND 11/23/22 310 SOUTHERN CA. EDISON LATE FEE‐7001528584 0.24 261 ‐ GAS TAX FUND 11/23/22 310 SOUTHERN CA. EDISON 108 HERMOSA ST PED 69.34 261 ‐ GAS TAX FUND 11/23/22 310 SOUTHERN CA. EDISON 135 W HONOLULU LS3A 97.93 261 ‐ GAS TAX FUND 11/23/22 310 SOUTHERN CA. EDISON 150 E HONOLULU 98.47 261 ‐ GAS TAX FUND 11/23/22 310 SOUTHERN CA. EDISON 151 W SAMOA LS3D 59.48 261 ‐ GAS TAX FUND 11/23/22 310 SOUTHERN CA. EDISON 151 W HONOLULU 65.66 261 ‐ GAS TAX FUND 11/23/22 310 SOUTHERN CA. EDISON 157 N MIRAGE AVE LE 24.94 261 ‐ GAS TAX FUND 11/23/22 310 SOUTHERN CA. EDISON 269 N SWEETBRIER AV 60.35 553 ‐ SEWER 11/23/22 310 SOUTHERN CA. EDISON 598 MONTE VISTA 31.86 22529 $201.03
101 ‐ GENERAL FUND 11/23/22 6703 STERICYCLE INC 10/17/22 SHRED SERV 126.75 101 ‐ GENERAL FUND 11/23/22 6703 STERICYCLE INC 10/17/22 SHRED SERV 74.28 22530 $550.00
263 ‐ TRANSPORTATION 11/23/22 3952 STEWART TITLE COMPA COND. TITLE GUARANT 550.00 22531 $4,096.67
101 ‐ GENERAL FUND 11/23/22 6146 SUPERION, LLC 11/01/22‐11/30/22 1,024.16 552 ‐ WATER 11/23/22 6146 SUPERION, LLC 11/01/22‐11/30/22 1,024.17 553 ‐ SEWER 11/23/22 6146 SUPERION, LLC 11/01/22‐11/30/22 1,024.17 554 ‐ REFUSE 11/23/22 6146 SUPERION, LLC 11/01/22‐11/30/22 1,024.17 December 13, 2022 Regular Meeting of the Lindsay City Council
22532 $4,375.51
101 ‐ GENERAL FUND 11/23/22 5755 TELEPACIFIC COMMUNI 11/09/22‐12/08/22 546.94 101 ‐ GENERAL FUND 11/23/22 5755 TELEPACIFIC COMMUNI 11/09/22‐12/08/22 546.94 101 ‐ GENERAL FUND 11/23/22 5755 TELEPACIFIC COMMUNI 11/09/22‐12/08/22 546.94 101 ‐ GENERAL FUND 11/23/22 5755 TELEPACIFIC COMMUNI 11/09/22‐12/08/22 546.94 101 ‐ GENERAL FUND 11/23/22 5755 TELEPACIFIC COMMUNI 11/09/22‐12/08/22 546.94 400 ‐ WELLNESS CENTER 11/23/22 5755 TELEPACIFIC COMMUNI 11/09/22‐12/08/22 546.94 552 ‐ WATER 11/23/22 5755 TELEPACIFIC COMMUNI 11/09/22‐12/08/22 546.94 553 ‐ SEWER 11/23/22 5755 TELEPACIFIC COMMUNI 11/09/22‐12/08/22 546.93 22533 $130,055.07
600 ‐ CAPITAL IMPROVEMENT 11/23/22 6974 TERRA WEST CONSTRUC HERMOSA IMPROVEMENT 130,055.07 22534 $6,111.78
101 ‐ GENERAL FUND 11/23/22 144 THE GAS COMPANY 140 N. MIRAGE 23.01 101 ‐ GENERAL FUND 11/23/22 144 THE GAS COMPANY 185 N GALE HILL 19.09 101 ‐ GENERAL FUND 11/23/22 144 THE GAS COMPANY 251 E. HONOLULU 17.13 101 ‐ GENERAL FUND 11/23/22 144 THE GAS COMPANY 488 N MT VERNON 15.16 400 ‐ WELLNESS CENTER 11/23/22 144 THE GAS COMPANY 740 SEQUOIA‐POOL 6,037.39 22535 $250.00
101 ‐ GENERAL FUND 11/23/22 5792 THOMSON REUTERS ‐ W NOV. ONLINE/SOFTWAR 250.00 22536 $7,200.00
101 ‐ GENERAL FUND 11/23/22 6978 TRAFFIC LOGIX CORPO WD‐ANNUAL FY22/23 7,200.00 22537 $500.00
400 ‐ WELLNESS CENTER 11/23/22 6510 UNITED SOLAR SERVIC SOLAR PANEL CLEANIN 500.00 22539 $12,626.28
101 ‐ GENERAL FUND 11/23/22 5747 UNITED STAFFING 11/13 ALEXANDER G. 691.20 101 ‐ GENERAL FUND 11/23/22 5747 UNITED STAFFING 11/13 ALICIA FUENTE 172.80 101 ‐ GENERAL FUND 11/23/22 5747 UNITED STAFFING 11/13 SANDRA MARTIN 725.76 101 ‐ GENERAL FUND 11/23/22 5747 UNITED STAFFING 11/13 SYDNEY MARTIN 172.80 101 ‐ GENERAL FUND 11/23/22 5747 UNITED STAFFING 11/13JOSHUA&JORGE 1,382.40 101 ‐ GENERAL FUND 11/23/22 5747 UNITED STAFFING 11/6 ALEXANDER GONZ 864.00 101 ‐ GENERAL FUND 11/23/22 5747 UNITED STAFFING 11/6 ALICIA FUENTES 216.00 101 ‐ GENERAL FUND 11/23/22 5747 UNITED STAFFING 11/6 JORGE GONZALEZ 723.60 101 ‐ GENERAL FUND 11/23/22 5747 UNITED STAFFING 11/6 JOSHUA DUFFEY 896.40 101 ‐ GENERAL FUND 11/23/22 5747 UNITED STAFFING 11/6 SANDRA MARTINE 345.60 101 ‐ GENERAL FUND 11/23/22 5747 UNITED STAFFING 11/6 SANDRA MARTINE 544.32 400 ‐ WELLNESS CENTER 11/23/22 5747 UNITED STAFFING 11/13 BRETT MORRIS 691.20 400 ‐ WELLNESS CENTER 11/23/22 5747 UNITED STAFFING 11/13 SILVIA HERNAN 864.00 400 ‐ WELLNESS CENTER 11/23/22 5747 UNITED STAFFING 11/13/22 LIZETTE AN 388.80 400 ‐ WELLNESS CENTER 11/23/22 5747 UNITED STAFFING 11/6 BRETT MORRIS 864.00 400 ‐ WELLNESS CENTER 11/23/22 5747 UNITED STAFFING 11/6 SILVIA HERNAND 864.00 400 ‐ WELLNESS CENTER 11/23/22 5747 UNITED STAFFING 11/6/22 LIZETTE ANG 232.20 552 ‐ WATER 11/23/22 5747 UNITED STAFFING 11/13 ALICIA FUENTE 172.80 552 ‐ WATER 11/23/22 5747 UNITED STAFFING 11/13 SYDNEY MARTIN 345.60 552 ‐ WATER 11/23/22 5747 UNITED STAFFING 11/6 ALICIA FUENTES 216.00 552 ‐ WATER 11/23/22 5747 UNITED STAFFING 11/6 SYDNEY MARTINE 324.00 552 ‐ WATER 11/23/22 5747 UNITED STAFFING 11/6 SYDNEY MARTINE 367.20 552 ‐ WATER 11/23/22 5747 UNITED STAFFING INV#210535 DUP PAYM (216.00) 553 ‐ SEWER 11/23/22 5747 UNITED STAFFING 11/13 ALICIA FUENTE 172.80 553 ‐ SEWER 11/23/22 5747 UNITED STAFFING 11/6 ALICIA FUENTES 216.00 554 ‐ REFUSE 11/23/22 5747 UNITED STAFFING 11/13 ALICIA FUENTE 172.80 554 ‐ REFUSE 11/23/22 5747 UNITED STAFFING 11/6 ALICIA FUENTES 216.00 22540 $2,848.35
552 ‐ WATER 11/23/22 5413 UNIVAR USA INC LIQUICHLOR 2,848.35 22541 $91.45
552 ‐ WATER 11/23/22 356 USA BLUEBOOK SULFURIC ACID 91.45 22542 $944.61
101 ‐ GENERAL FUND 11/23/22 1041 VERIZON WIRELESS 642065758‐00001 OCT 122.28 101 ‐ GENERAL FUND 11/23/22 1041 VERIZON WIRELESS 642065758‐00004 OCT 822.33 22543 $312.48
552 ‐ WATER 11/23/22 368 VOLLMER EXCAVATION, LOAD OF FILL SAND 312.48 December 13, 2022 Regular Meeting of the Lindsay City Council
22544 $156.60
101 ‐ GENERAL FUND 11/23/22 4716 WALO'S AUTO REPAIR KEYS 52.20 101 ‐ GENERAL FUND 11/23/22 4716 WALO'S AUTO REPAIR KEYS 52.20 552 ‐ WATER 11/23/22 4716 WALO'S AUTO REPAIR KEYS 52.20 22545 $2,400.00
306 ‐ COVID‐19 ARPA FUND 11/23/22 6975 PLATINUM ENGINEERIN FIRE DAMAGE INSPECT 2,400.00
SUMMARY BY FUNDING SOURCE
101 ‐ GENERAL FUND 204,715.42
261 ‐ GAS TAX FUND 12,938.20
263 ‐ TRANSPORTATION 550.00
306 ‐ COVID‐19 ARPA FUND 2,400.00
400 ‐ WELLNESS CENTER 24,269.16
552 ‐ WATER 87,137.88
553 ‐ SEWER 43,672.15
554 ‐ REFUSE 6,254.49
556 ‐ VITA‐PAKT 7,832.62
600 ‐ CAPITAL IMPROVEMENT 167,487.95
700 ‐ CDBG REVOLVING LN FUND 1,829.09
720 ‐ HOME REVOLVING LN FUND 24,865.29
779 ‐ 00‐HOME‐0487 30,916.65
781 ‐ CAL HOME RLF 1,784.00
883 ‐ SIERRA VIEW ASSESSMENT 1,165.16
884 ‐ HERITAGE ASSESSMENT DIST 291.85
886 ‐ SAMOA 61.08
887 ‐ SWEETBRIER TOWNHOUSES 683.86
888 ‐ PARKSIDE 214.85
889 ‐ SIERRA VISTA ASSESSMENT 267.16
890 ‐ MAPLE VALLEY ASSESSMENT 592.36
891 ‐ PELOUS RANCH 952.40
TOTAL $ 620,881.62
December 13, 2022 Regular Meeting of the Lindsay City Council
CASH RESOURCES
LOCATION GL ACCOUNT # TYPE BALANCE
Cash Register Funds (City Hall & Wellness) 100‐102 RES $800 Bank of the Sierra‐ Depository Account 100‐114 GEN $3,019,329 Bank of the Sierra ‐ AP/Operating 100‐100 GEN $11,700
Bank of the Sierra ‐ Payroll 100‐106 GEN $105,890
Bank of the Sierra ‐ Wellness Center 100‐500 GEN $948,063 Bank of the Sierra ‐ Impound Account 100‐120 RES $43,156 LAIF Savings: City & Successor Agency 100‐103 INV‐RES $5,971,598 MBS Investments 100‐700 INV‐RES $3,047,884
$13,148,419
CASH EXPENDED
ACCOUNTS PAYABLE & PAYROLL AMOUNT DEBT SERVICE AMOUNT
Accounts Payable 620,882 $ Tulare Road 105,968 $
Payroll (November 4th Payday) 234,527 $ Library 7,233 $ Payroll (November 18th Payday) $337,691 Sewer Plant Expansion $323,470 TOTAL $1,193,100 TOTAL $436,671
INVESTMENTS
INVESTED FUNDS $9,019,482
Respectfully submitted,
GEN: GENERAL UNRESTRICTED
RES: RESTRICTED ACTIVITY
Director of Finance INV: INVESTMENT
City of Lindsay
ABBREVIATIONS
Juana Espinoza
Monthly Treasurer's Report
November 30, 2022
Cash Balances Classified by Depository
TOTAL
INVESTMENT POLICY COMPLIANCE
As of the end of the month, the investments were in compliance with the requirements of the City's investment policy. This report reflects all cash and investments of the City of Lindsay (O/S checks not reflected in End Cash Balance).
December 13, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Juana Espinoza, Director of Finance
DEPARTMENT:
ITEM NO.:
Finance
11.4 MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Consider the Minute Order Renewal of Property Lease Agreement between the City of Lindsay and Lexay’s Simple Sack Lunch and Authorize City Manager to Execute Any Documents Thereto.
BACKGROUND | ANALYSIS
Lexsay’s simple Sack Lunch (Lexsay’s) is a family owned and operated business serving specialty burritos to the Lindsay area. They are currently located at 801 N. Elmwood, Lindsay CA 93247.
Renewing Lexsay’s lease agreement will provide this local business with a smooth continuity of operations and allow them to continue serving local Lindsay customers.
An executive summary of the terms of the draft Property Lease Agreement is contained within this report, and the full draft Property Lease Agreement is attached outlining the terms and conditions of the property lease in detail.
Executive Summary
• Term: One Year beginning January 1, 2023, and ending December 31, 2023. • Option Term: One Year beginning January 1, 2024, and ending December 31, 2023. • Space: Approximately 400 sq feet.
• Rent: $700 per month
• Additional utilities and common area maintenance: None
FISCAL IMPACT
Rent collected in the amount of $700/month will be deposited into 101-GENERAL FUND.
ATTACHMENTS
• Draft Property Lease Agreement
December 13, 2022 Regular Meeting of the Lindsay City Council
LEASE AGREEMENT
This LEASE AGREEMENT (this “Agreement”) is effective as of January 1, 2023 (“Effective Date”), and is made by and between City of Lindsay (“Owner”), and Lexsay’s Simple Sack Lunch (“Lessee”), on the terms and conditions set forth below.
1. Lease.
1.1 Property. Owner is the simple owner of certain real property located at 801 N. Elmwood Ave, Lindsay, CA 93247, identified by Assessor Parcel Number: 201-150-003-000.
The subject property to be leased by Owner to Lessee shall be a vacant lot and is depicted on Exhibit 1 (the “Property” or the “Premises”). Owner hereby leases to Lessee the Property depicted on Exhibit 1, and Lessee hereby leases the Property from Owner, on the terms and conditions set forth in this Agreement.
1.2 Existing Lease Agreement. The Property is subject to conditions set forth within an existing lease agreement between the City of Lindsay and the Lindsay United Soccer Club (“LUSC”) which is included as Exhibit 2 of this Agreement. Lessee hereby acknowledges that they have received a copy of the existing lease agreement and all related attachments between the City of Lindsay and LUSC for the subject property to be leased by Owner to LUSC described within Exhibit 2 of this Agreement as the Small Office of 200± square feet Southeast portion of the City of Lindsay Clubhouse (the “Property” or the “Premises”).
2. Term.
2.1 Original Term. The term of this Agreement and the Leasehold Estate (the “Original Term”) shall commence on the Effective Date and continue until the one (1) year anniversary of the Effective Date, unless extended as provided herein.
2.2 Renewal Term. Provided Lessee is not in default under this Agreement, Lessee shall have the option, in its sole discretion, to extend and renew the term of this Agreement for one (1) additional year. Lessee may exercise such options by written notice delivered to Owner no later than sixty (60) days prior to the expiration of the Original Term or the then-existing Renewal Term, as applicable.
3. Rent.
3.1 Original Term Rent. In consideration of the rights granted to Lessee in this Agreement, Lessee will pay Owner commencing on the Effective Date and continuing until the end of the Original Term, unless this Agreement is sooner terminated. Lessee shall pay Owner a monthly fee equal to $700 per month. Lessee shall pay the monthly fee on the first day of each and every month during the Original Term each month until the termination or expiration of this Lease Agreement.
3.2 Renewal Term Rent. If Lessee exercises its right to renew the term of this Agreement for any Renewal Term, this rent amount shall increase to $750 per month, beginning and effective on the start date of the Renewal Term.
3.3 Security Deposit. None.
4. Development and Operation.
December 13, 2022 Regular Meeting of the Lindsay City Council
4.1 Lessee Responsibility. Lessee agrees to comply with all municipal, county, state, and federal law.
4.2 Grant of Lease. Owner grants to Lessee a License (“the License”) to perform the following acts on the Property. Lessee shall have access to a portion of the Clubhouse for the purpose of restaurant operations Monday through Sunday of each week between the hours of 4:00AM to 12:00PM. Lessee shall set hours of operation. Lessee shall be permitted to secure Property. Lessee shall secure the office and shall provide a key to the Owner as requested. Lessee is responsible for the cleanliness of all areas utilized. The Owner shall ensure that if the facility is utilized outside of the Lessee hours, the facility will be cleaned prior to the next regularly scheduled use by Lessee. The Property shall be utilized by Lessee for the purpose of a restaurant and shall not be utilized by Lessee for any other purpose. The Owner shall perform annual building inspections of the property.
4.3 Incidental Rights and Obligations. Lessee shall have full and exclusive management authority over the Property areas during the times of scheduled operations and shall assume full responsibility for the timely cleaning of all areas used. Lessee shall be permitted to install telephone services and assume all responsibility for installation, control of use, and service cost. Lessee will be responsible for non-permanent interior modifications to accommodate their operations. The Owner shall provide facility management oversight, routine building and grounds maintenance, and schedule use of the building outside of the Lessee operational hours. The Owner shall schedule all activities in the Clubhouse aside from Lessee’s daily usage and will notify Lessee of the schedule. The Owner, Lessee, and other users of the facility shall meet semi-annually to address any concerns and coordinate schedules and programmed use for the next six (6) months.
4.3 Ownership of Improvements. Lessee can request to make improvements to the property with sixty (60) days notice. Following the expiration of all terms, Owner shall become the sole owner of all right, title, and interest in and to the Improvements, however, Owner shall have the right to demand Lessee to return the Property to its original condition at Lessee’s sole expense. Lessor will be responsible for repairs and installations of permanent fixtures i.e., HVAC, light fixtures, and windows.
5. Insurance Requirements.
5.1 Commercial General Liability. Lessee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CB 00 001, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Lessee’s general liability policies shall be primary and shall not seek contribution from the Owner’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Owner and its officers, officials, employees, and agents shall be additional insureds under such policies. Any failure to comply with reporting provisions of the policies by Lessee shall not affect coverage provided the Owner. Coverage shall state that Lessee insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage shall contain a waiver of subrogation in favor of the Owner
December 13, 2022 Regular Meeting of the Lindsay City Council
5.2 Property Insurance. Against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.
5.3 Worker’s Compensation and Employer’s Liability – Statutory. Lessee shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Lessee shall submit to Owner, along with the certificate of insurance, a waiver of subrogation endorsement in favor of Owner, its officers, agents, employees, and volunteers.
5.4 All Coverages. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the Owner, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the Owner.
5.5 Evidence of Insurance. Prior to commencement of work, the Lessee shall furnish the Owner with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Lessee must agree to provide complete, certified copies of all required insurance policies if requested by the Owner.
5.6 Acceptability of Insurers. Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher.
5.7 Subcontractors and Consultants. A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Lessee.
6. Taxes. Owner shall be responsible for, and shall timely pay before the same become delinquent, all taxes, assessments, or other governmental charges that are imposed on, or arise in connection with, the Property. Lessee shall be responsible for all other tax created by lessee’s activity on the Property.
7. Utilities.
7.1 Utilities belonging to Lessee. Lessee agrees to pay any and all utilities supplied to the Premises. Owner shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises. No such failure or interruption shall entitle Lessee to terminate this Lease, unless such failure or interruption persists for an unreasonable period, without cure.
7.2 Utilities not belonging to Lessee. The Property is subject to conditions set forth within an existing lease agreement between the City of Lindsay and the Lindsay United Soccer Club (“LUSC”). Lessee is hereby granted authorization by Owner to work directly with LUSC to determine the appropriate cost sharing for all shared utilities supplied to the Property, if any.
December 13, 2022 Regular Meeting of the Lindsay City Council
8. Maintenance. In the event Lessee fails to maintain the Premises in good order, condition and repair, Owner shall give Lessee notice to do such acts as are reasonably required to maintain the Premises. In the event Lessee fails promptly to commence such work or diligently prosecute the same to completion, Owner may but is not obligated to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Owner shall be paid by Lessee promptly after demand. Lessee shall keep the leased area and covered patio area adjacent to the Property in a neat, clean and orderly condition and shall repair any damage that occurs due to the use of the property.
9. Indemnity. The Lessee agrees to defend and indemnify the Owner for any liability stemming from any adverse judgment or settlement against the Owner in connection with any activity performed or allowed by the Lessee at the Property, specifically the Lessee shall indemnify the Owner against all liability, claims, demands, losses, damages, costs, charges, and expenses, including reasonable attorney's fees, that the Owner may in any way sustain, incur or become liable for in consequence of any activities performed or allowed by the Lessee at the Property. If the Lessee fails to defend and indemnify as set forth in this Agreement, the Owner may bring a separate suit against the Lessee for failure to do so and immediately terminate the lease agreement. For purposes of any such potential suit the Lessee hereby waives any and all applicable statutes of limitations applicable to indemnity claims arising in connection with prosecution of a lawsuit and the party’s rights and obligations for indemnity shall flow from this written agreement. If the Owner fails to defend and indemnify as set forth in this Agreement, the Lessee may bring a separate suit against the Owner for failure to do so. For purposes of any such potential suit the Owner hereby waives any and all applicable statutes of limitations applicable to indemnity claims arising in connection with prosecution of a lawsuit and the party’s rights and obligations for indemnity shall flow from this written agreement.
10. Default; Termination.
10.1 Notice and Cure. In the event of an alleged breach or default by either party of any representation, warranty, or obligation under this Agreement, the non-defaulting party shall provide the defaulting party with a reasonably-detailed written notice of such default and a thirty (30) day opportunity to cure such default; provided, however, that if curing the default will reasonably take longer than the said thirty (30) day time period, the defaulting party shall have such time period reasonably necessary to cure such default, provided that the defaulting party commences to cure the default within the initial thirty (30) day period. Following the application of the foregoing notice and cure requirements, the non-defaulting party may terminate this Agreement and/or exercise any other rights or remedies available to it at law or in equity; provided, however, that the non-defaulting party shall use commercially reasonable efforts to mitigate its damages arising from such default.
10.2 Termination. Notwithstanding any provision of this Agreement to the contrary, Lessee may terminate this Agreement at any time by written notice to Owner; provided, however, that any notice of termination following the Operations Date shall not be effective until sixty (60) days following Owner’s receipt of such notice. In the event this Agreement is terminated by Lessee in accordance with this section, Owner authorizes Lessee to execute and record a notice of termination evidencing such termination.
11. Assignment and Sublease. Lessee shall not voluntarily or by operation of law assign, transfer, mortgage otherwise encumber all or any part of Lessee’s interest in this Lease or December 13, 2022 Regular Meeting of the Lindsay City Council
in the Premises, and shall not sublet or license all or any part of the Premises, without the prior written consent of Owner in each instance, with such consent not being unreasonably withheld and any attempted assignment, transfer, mortgage, encumbrance, subletting or license without such consent shall be wholly void. Lessee may assign this Lease to any parent company, subsidiary or sister company, or closely related entity of Lessee and/or its owners (“Related Party Assignment”).
In any such event of a Related Party Assignment, Lessee shall inform Owner, provide Owner with the Related Party Assignment documents for Owner to acknowledge Owner’s receipt of same and Owner shall promptly acknowledge the receipt of the Related Party Assignment and return a copy thereof to Lessee. In no event shall Owner withhold its acknowledgement or otherwise try to interfere with any such Related Party Assignment.
12. Miscellaneous.
12.1 Entire Agreement. This Agreement, together with its attached exhibits, which are incorporated into this Agreement by this reference, contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes any other agreement or understanding, all of which shall be of no force or effect. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing and signed by each of the parties hereto. The terms and conditions of this Agreement are not to be construed more liberally in favor of, or more strictly against, either party to this Agreement. The use of the neuter gender includes the masculine and feminine, and the singular number includes the plural, and vice versa, whenever the context so requires. The terms “include”, “includes” and “including”, as used herein, are without limitation. Captions and headings used herein are for convenience of reference only and do not define, limit, or otherwise affect the scope, meaning, or intent hereof.
12.2 Governing Law. The terms and provisions of this Agreement shall be interpreted in accordance with the laws of the state in which the Premises is located without reference to the choice of law principles of such state or any other state.
12.3 Legal Counsel and Advice. Each party to this Agreement has had the opportunity to consult with legal counsel and other advisors of its own choosing prior to executing this Agreement.
12.4 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon Owner and Lessee, any Assignee, and each of their respective heirs, transferees, successors, and assigns. References to Lessee in this Agreement shall be deemed to include Assignees that hold a direct ownership interest in this Agreement.
12.5 Notices. All notices or other communications required or permitted hereunder, including payments to Owner, shall be in writing, and shall be personally delivered, delivered by reputable overnight courier, or sent by registered or certified mail, return receipt requested and postage prepaid, to the addresses set forth on the signature page of this Agreement.
Notices personally delivered shall be deemed given the day so delivered. Notices given by overnight courier shall be deemed given on the first business day following the mailing date.
Notices mailed as provided herein shall be deemed given on the third business day following the mailing date. Any party may change its address for purposes of this subsection by giving written notice of such change to the other party in the manner provided in this subsection.
12.6 Choice of Law. The Property is located in the County of Tulare, State of California. The laws of the State of California shall govern the validity, enforceability or December 13, 2022 Regular Meeting of the Lindsay City Council
interpretation of this Agreement. Tulare County shall be the venue for any action or proceeding, in law or equity that may be brought in connection with this Agreement. Both parties hereby waive any rights they may possess under Section 394 of the Code of Civil Procedure to transfer to a neutral county or other venue any action arising out of this Agreement.
12.7 Mediation. Should a dispute arise between any of the parties, the dispute will be submitted to mediation before litigation. Any party may start the process by giving written notice to the other party. The mediator will be selected and mediation conducted through the California Mediation Rules and Procedures, or with the mutual consent of the parties, by another mediation organization or mediator. The mediation will be confidential in accordance with California Evidence Code 1152.5 and the parties will equally bear the mediation costs.
IN WITNESS WHEREOF, the parties execute this Agreement effective as of the Effective Date.
OWNER:
____________________________________
City of Lindsay
251 E Honolulu St.
Lindsay, CA 93247
Address for Payment and Notices:
251 E Honolulu St.
Lindsay, CA 93247
(559)562-7102
LESSEE:
____________________________________
Lexsay’s Simple Sack Lunch
801 N. Elmwood
Lindsay CA 93247
Address for Payment and Notices:
815 N. Lafayette
Lindsay, CA 93247
(559)920-3249
December 13, 2022 Regular Meeting of the Lindsay City Council
EXHIBIT 1
PROPERTY/PREMISES
Kitchen portion of the Clubhouse, located at 801 N. Elmwood, Lindsay CA, 93247, identified by Assessor Parcel Number: 201-150-003-000
PHOTO/MAP OF PROPERTY
Clubhouse
December 13, 2022 Regular Meeting of the Lindsay City Council
EXHIBIT 2
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Geselle Arellano, Executive Assistant/Deputy City Clerk DEPARTMENT: City Manager
ITEM NO.: 11.5
MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Minute Order Approval of the City Council Regular Meeting Schedule for January – December 2023.
BACKGROUND | ANALYSIS
Staff recommends that council approve the proposed City Council Regular Meeting Schedule for January to December 2023. The Lindsay City Council holds regular meetings on the second and fourth Tuesdays of every month unless otherwise noticed.
FISCAL IMPACT
None.
ATTACHMENTS
• 2023 City Council Regular Meeting Schedule
December 13, 2022 Regular Meeting of the Lindsay City Council
City Council Regular Meeting Schedule
Year 2023
Meeting Date
Tuesday, January 10th
Tuesday, January 24th
Tuesday, February 14th
Tuesday, February 28th
Tuesday, March 14th
Tuesday, March 28th
CANCELED – Tuesday, April 11th
*Cancelation for Spring Recess
Tuesday, April 25th
Tuesday, May 9th
Tuesday, May 23rd
Tuesday, June 13th
Tuesday, June 27th
Tuesday, July 11th
Tuesday, July 25th
CANCELED – Tuesday, August 8th
*Cancelation for Beginning of New School Year
Tuesday, August 22nd
Tuesday, September 12th
Tuesday, September 26th
Tuesday, October 10th
Tuesday, October 24th
Tuesday, November 14th
CANCELED – Tuesday, November 28th
*Cancelation for Thanksgiving holiday
Tuesday, December 12th
CANCELED – Tuesday, December 26th
*Cancelation for Christmas holiday
December 13, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Nicholas Nave, Public Safety Lieutenant
DEPARTMENT: Public Safety
ITEM NO.: 11.6
MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Notification of Participation in the Federal Excess Property Acquisition Program (1033 Program) through the Defense Logistic Agency’s Law Enforcement Support Office (LESO).
This is an informational item only, no action by Council is required at this time.
BACKGROUND | ANALYSIS
The Lindsay Department of Public Safety has continuously been a participating partner in the Federal Excess Property Acquisition Program (“1033 program”) through the Defense Logistics Agency’s Law Enforcement Support Office (“LESO”). This program allows for the transfer to Law Enforcement Agencies (LEA’s) excess federal property that has a concurrent commercial, non-commercial or law enforcement use. Currently, the Lindsay Department of Public Safety has six (6) rifles and various calibers of ammunition that have been obtained through the program, which are used for training purposes.
Presential Executive Order (EO) EO14074 amended certain aspects of the program and what types of property could be transferred or utilized by Law Enforcement, and under what circumstances certain items of “controlled property” could be utilized.
One component of the order is to provide notice to the public and governing body. This component is fulfilled by bringing forward this report and its attachments to the Lindsay City Council along with making related documents available for public inspection.
FISCAL IMPACT
The City could see thousands of dollars in potential savings, dependent on what property is requested or received from the program. To date, The City has seen approximately $5,000 in savings.
ATTACHMENTS
• Executive Order (EO) 14074 Notice
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
Resolution No. 22-60
RESOLUTION NO. 22-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY
AUTHORIZING WAGE AND RELATED BENEFITS
FOR EMPLOYEES OF THE MID-MANAGEMENT GROUP
WHEREAS, the City Council of the City of Lindsay (“City” or “City Council”) is authorized to set the terms and conditions of employment for unrepresented employees; and WHEREAS, the City Council desires to memorialize in a single Resolution the benefits and compensation currently provided to Mid-Management employees (“Mid-Management”); and WHEREAS, this Resolution is intended to and does supersede all previous resolutions and terms and conditions of employment for Mid-Management employees; and WHEREAS, this Resolution may be modified, amended, terminated, or superseded by the City Council at any time; and
WHEREAS, this Resolution shall apply to all Mid-Management employees, which include the following positions: Public Safety Lieutenant, Administrative Supervisor, HR Manager, Maintenance Senior III, Assistant to the City Manager and City Clerk, IT Manager, City Services Assistant Director, Planning Manager, Finance and Accounting Manager, Executive Projects Manager, and City Services Manager and Building Inspector; and NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council adopts this Resolution, which shall be effective December 13,2022 and will remain in effect until it is modified, amended, terminated, or superseded by further resolution of the City Council.
SECTION I – INCORPORATION
In the event of a conflict between this Resolution and the City of Lindsay Personnel Rules and Regulations (“Personnel Rules and Regulations), this Resolution shall prevail. Unless otherwise specified in this Resolution or made inapplicable by the terms of the Personnel Rules and Regulations, the Personnel Rules and Regulations are incorporated in this Resolution.
SECTION II - HOURS OF WORK AND OVERTIME
SECTION 2.1 HOURS OF WORK
Hours of Work The provisions in this section govern hours of work for employees. However, this provision shall not interfere with essential services of a department. Under no condition shall any full-time employee for the City work less than 40 hours per week within five (5) consecutive days. Shifts vary as required to meet the operational requirements of the department where the employee works. When desirable, the City Manager may designate other working hours for employees whose specific duties require it.
December 13, 2022 Regular Meeting of the Lindsay City Council
Resolution No. 22-60
SECTION 2.1 OVERTIME
All Mid-Management employees are classified as exempt employees and are ineligible for overtime pay.
SECTION III - LEAVES
SECTION 3.1 HOLIDAYS
Holiday leave shall be provided in accordance with Rule X of the Personnel Rules and Regulations.
SECTION 3.2 VACATION
Vacation leave shall be provided in accordance with Rule XI of the Personnel Rules and Regulations. However, accruals will cap at 300 hours accrued and will cease to accrue until the employee has used vacation and is under the 300-hour cap.
SECTION 3.3 SICK LEAVE
Sick leave shall be provided in accordance with Rule XI of the Personnel Rules and Regulations.
SECTION 3.4 ADMINISTRATIVE LEAVE
Mid-Management employees receive 80 hours of administrative leave per year, which is accrued bi-weekly.
SECTION 3.5 OTHER LEAVES
Other leaves, including jury leave, military leave, and medical and family leaves shall be provided in accordance with Rule XI of the Personnel Rules and Regulations.
SECTION IV – SPECIAL PAYS
SECTION 4.1 BILINGUAL PAY
The City will provide $18.46 bi-weekly in compensation for certified translators who utilize their bilingual skills as determined by the City.
SECTION 4.2 LONGEVITY PAY
Mid-Management employees to receive longevity pay as follows:
a. Upon the anniversary of the completion of 10 consecutive years of service with the City, each employee covered by this Resolution will be given 5% longevity compensation.
December 13, 2022 Regular Meeting of the Lindsay City Council
Resolution No. 22-60
b. Upon the anniversary of the completion of 15 consecutive years of service with the City, each employee covered by this Resolution will be given 2.5% longevity compensation. c. Upon the anniversary of the completion of 20 consecutive years of service with the City, each employee covered by this Resolution will be given 2.5% longevity compensation.
SECTION 4.3 CELL PHONE STIPEND
Employees may request to receive a $60 monthly stipend to be used towards payment of their personal cellular telephone account if they agree to allow the City to use their personal cellular telephone number to contact them regarding work related issues. Employees who chose to decline the monthly stipend will be provided a City issued cell phone.
SECTION 4.4 UNIFORM ALLOWANCE
Lieutenants shall receive Public Safety Uniforms.
a. Upon hire, Lieutenants shall be provided a public safety uniform. b. After six months of employment, Lieutenants covered by this resolution will receive a uniform allowance of $38.46 per payroll period.
SECTION V – RETIREMENT BENEFITS
SECTION 5.1 CalPERS DEFINED BENEFIT PLAN
Mid-Management employees are subject to the following retirement contributions based on the appropriate CalPERS contract:
a. Safety employees who are not defined as “new members” will pay the entire nine percent (9%) employee contribution.
b. Miscellaneous employees who are not defined as “new members” will pay the entire eight percent (8%) employee contribution.
c. Employees who are defined as “new members” under PEPRA will be subject to all applicable PEPRA provisions. New members will contribute fifty percent (50%) of the total normal cost of the retirement benefit, as determined by CalPERS.
SECTION 5.2 DEFINED CONTRIBUTION PLAN
The defined contribution deferred compensation plan is a voluntary retirement program. MidManagement employees determine how much of their pay is to be contributed to the deferred compensation plan. The City will match the employee’s contribution up to 6% of the employee’s total annual income.
December 13, 2022 Regular Meeting of the Lindsay City Council
Resolution No. 22-60
SECTION VI – HEALTH AND WELFARE BENEFITS
SECTION 6.1 HEALTH, VISION, AND DENTAL
During the period this Resolution remains in effect, the City will contribute 100% of the premium for health, vision, and dental for the employee-only plan and 50% of the premiums for health, vision, and dental for dependents.
Mid-Management employees who retire from the City with 15 or more years of continuous service with the City will receive a 3.5% employer contribution of the employee-only premium for each year of service in the plans offered by the City until the retiree reaches the age of Medicare eligibility. For example, an employee with 16 years of continuous service will receive a contribution of 56% of the employee-only premium. The retiree will no longer receive any contribution upon reaching Medicare eligibility. The City may modify, amend, or terminate the retiree benefit at any time.
SECTION 6.2 LIFE INSURANCE
City employees are covered under the term life insurance program. An optional employee paid group supplemental life insurance program is also available to City employees. The employee paid term life insurance policy covers the employee and dependents and is portable (may be continued after individual is not employed by the City).
The City of Lindsay has also adjusted the benefit associated with the Basic Life benefit. MidManagement employees receive one and one-half of the employee’s salary up to $225,000.
SECTION 6.3 EMPLOYEE ASSISTANCE PROGRAM
The City offers an Employee Assistance Program (“EAP”).
SECTION 6.4 OTHER BENEFITS
Mid-Management employees are eligible to participate in all City-wide employee benefit and assistance plans. Please see the relevant plans and the Benefits Summary for additional information.
SECTION VII – IRC SECTION 125 PLAN
The City offers an IRC Section 125 plan to employees.
December 13, 2022 Regular Meeting of the Lindsay City Council
Resolution No. 22-60
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE December 13, 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
CITY CLERK MAYOR
December 13, 2022 Regular Meeting of the Lindsay City Council
City of Lindsay HOURLY
Hourly Salary Matrix (Effective December 13, 2022) (1)
Miscellaneous TIER 1, hired before July 1, 2018
Category Bargaining Unit Position 1234567
Non‐Exempt Unrepresented Interns / Seasonal 15.0000 15.0000 15.0000 15.0000 15.0000 15.0000 15.0000 Non‐Exempt SEIU Recreation ‐ Lifeguard 15.7500 16.5375 17.3644 18.2326 19.1442 20.1014 21.1065 Non‐Exempt SEIU Recreation I 15.7500 16.5375 17.3644 18.2326 19.1442 20.1014 21.1065 Non‐Exempt SEIU Maintenance 15.7500 16.5375 17.3644 18.2326 19.1442 20.1014 21.1065 Non‐Exempt SEIU Account Clerk I 15.7500 16.5375 17.3644 18.2326 19.1442 20.1014 21.1065 Non‐Exempt SEIU Code Enforcement Officer 15.7500 16.5375 17.3644 18.2326 19.1442 20.1014 21.1065 Non‐Exempt SEIU Records Clerk 15.9014 16.6965 17.5313 18.4079 19.3283 20.2947 21.3094 Non‐Exempt SEIU Maintenance Senior I 15.9014 16.6965 17.5313 18.4079 19.3283 20.2947 21.3094 Non‐Exempt SEIU Com. Dev. Specialist II 17.1190 17.9750 18.8737 19.8174 20.8083 21.8487 22.9411 Non‐Exempt SEIU Administrative Secretary 17.1249 17.9812 18.8802 19.8242 20.8155 21.8562 22.9490 Non‐Exempt SEIU Executive Assistant / Deputy City Clerk 19.8000 20.7900 21.8295 22.9210 24.0670 25.2704 26.5339 Non‐Exempt SEIU Records / IT Clerk 19.8000 20.7900 21.8295 22.9210 24.0670 25.2704 26.5339 Non‐Exempt SEIU Maintenance Senior II 20.0819 21.0860 22.1403 23.2474 24.4097 25.6302 26.9117 Non‐Exempt SEIU Account Clerk III 20.1805 21.1895 22.2490 23.3615 24.5295 25.7560 27.0438 Non‐Exempt SEIU Animal Control Officer 20.0819 21.0860 22.1403 23.2474 24.4097 25.6302 26.9117 Non‐Exempt SEIU Engineering Technician 25.0677 26.3211 27.6371 29.0190 30.4699 31.9934 33.5931 Non‐Exempt SEIU Assistant City Planner 25.0677 26.3211 27.6371 29.0190 30.4699 31.9934 33.5931 Non‐Exempt SEIU Building Inspector I 25.0677 26.3211 27.6371 29.0190 30.4699 31.9934 33.5931 Exempt Unrepresented Administrative Supervisor 30.9000 32.4450 34.0673 35.7706 37.5591 39.4371 41.4090 Exempt Unrepresented Maintenance Senior III 30.9000 32.4450 34.0673 35.7706 37.5591 39.4371 41.4090 Exempt Unrepresented Assistant to the City Manager / City Clerk 30.9000 32.4450 34.0673 35.7706 37.5591 39.4371 41.4090 Exempt Unrepresented City Services Assistant Director 30.9000 32.4450 34.0673 35.7706 37.5591 39.4371 41.4090 Exempt Unrepresented Human Resources Manager 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 Exempt Unrepresented Planning Manager 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 Exempt Unrepresented Finance & Accounting Manager 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 Exempt Unrepresented Executive Projects Manager 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 Exempt Unrepresented IT Manager 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 Exempt Unrepresented City Services Manager / Building Inspector 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 STEPS
December 13, 2022 Regular Meeting of the Lindsay City Council Page 91 Miscellaneous TIER 2, hired after July 1, 2018
Category Bargaining Unit Position 1234567
Non‐Exempt Unrepresented Interns / Seasonal 15.0000 15.0000 15.0000 15.0000 15.0000 15.0000 15.0000 Non‐Exempt SEIU Recreation ‐ Lifeguard 15.7500 16.3013 16.8718 17.4623 18.0735 18.7061 19.3608 Non‐Exempt SEIU Recreation I 15.7500 16.3013 16.8718 17.4623 18.0735 18.7061 19.3608 Non‐Exempt SEIU Maintenance 15.7500 16.3013 16.8718 17.4623 18.0735 18.7061 19.3608 Non‐Exempt SEIU Account Clerk I 15.7500 16.3013 16.8718 17.4623 18.0735 18.7061 19.3608 Non‐Exempt SEIU Code Enforcement Officer 15.7500 16.3013 16.8718 17.4623 18.0735 18.7061 19.3608 Non‐Exempt SEIU Records Clerk 15.9014 16.4580 17.0340 17.6302 18.2472 18.8859 19.5469 Non‐Exempt SEIU Maintenance Senior I 15.9014 16.4580 17.0340 17.6302 18.2472 18.8859 19.5469 Non‐Exempt SEIU Com. Dev. Specialist II 17.1190 17.7182 18.3383 18.9802 19.6445 20.3320 21.0437 Non‐Exempt SEIU Administrative Secretary 17.1249 17.7243 18.3446 18.9867 19.6512 20.3390 21.0509 Non‐Exempt SEIU Executive Assistant / Deputy City Clerk 19.8000 20.4930 21.2103 21.9526 22.7210 23.5162 24.3393 Non‐Exempt SEIU Records / IT Clerk 19.8000 20.4930 21.2103 21.9526 22.7210 23.5162 24.3393 Non‐Exempt SEIU Maintenance Senior II 20.0819 20.7848 21.5123 22.2652 23.0445 23.8510 24.6858 Non‐Exempt SEIU Account Clerk III 20.1805 20.8868 21.6179 22.3745 23.1576 23.9681 24.8070 Non‐Exempt SEIU Animal Control Officer 20.0819 20.7848 21.5123 22.2652 23.0445 23.8510 24.6858 Non‐Exempt SEIU Engineering Technician 25.0677 25.9451 26.8531 27.7930 28.7657 29.7725 30.8146 Non‐Exempt SEIU Assistant City Planner 25.0677 25.9451 26.8531 27.7930 28.7657 29.7725 30.8146 Non‐Exempt SEIU Building Inspector I 25.0677 25.9451 26.8531 27.7930 28.7657 29.7725 30.8146 Exempt Unrepresented Administrative Supervisor 30.9000 31.9815 33.1009 34.2594 35.4585 36.6995 37.9840 Exempt Unrepresented Maintenance Senior III 30.9000 31.9815 33.1009 34.2594 35.4585 36.6995 37.9840 Exempt Unrepresented Assistant to the City Manager / City Clerk 30.9000 31.9815 33.1009 34.2594 35.4585 36.6995 37.9840 Exempt Unrepresented City Services Assistant Director 30.9000 31.9815 33.1009 34.2594 35.4585 36.6995 37.9840 Exempt Unrepresented Human Resources Manager 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 Exempt Unrepresented Planning Manager 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 Exempt Unrepresented Finance & Accounting Manager 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 Exempt Unrepresented Executive Projects Manager 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 Exempt Unrepresented IT Manager 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 Exempt Unrepresented City Services Manager / Building Inspector 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 STEPS
December 13, 2022 Regular Meeting of the Lindsay City Council Page 92 Public Safety
Category Bargaining Unit Position 1234567
Non‐Exempt Unrepresented Fire Apparatus Engineer 21.0860 22.1403 23.2474 24.4097 25.6302 26.9117 28.2573 Non‐Exempt POA Public Safety Officer 25.3747 26.6434 27.9756 29.3744 30.8431 32.3852 34.0045 Non‐Exempt POA Public Safety Sergeant 30.8945 32.4393 34.0612 35.7643 37.5525 39.4301 41.4016 Non‐Exempt Unrepresented Fire Lieutenant 29.4234 30.8945 32.4393 34.0612 35.7643 37.5525 39.4301 Exempt Unrepresented Public Safety Lieutenant 41.3511 43.4187 45.5896 47.8691 50.2626 52.7757 55.4145 ExecutivesCategory Bargaining Unit Position Minimum Maximum Exempt Unrepresented City Manager 55.0514 80.0000Exempt Unrepresented Director of Public Safety 41.4567 70.0000 Exempt Unrepresented Director of Finance 41.7193 70.0000 Exempt Unrepresented Director of City Services 36.1722 70.0000 Exempt Unrepresented Recreation Services Director 34.3651 60.0000 All hourly rates are based on a 40‐hour work week.Fire employees will convert to a 56‐hour work week upon completion of their training.
To calculate fire shift hourly rates, multiply the rate listed above by 40 hours and divide by 56 shift hours. (1) Five year history:
12/13/2022 Incoporated Mid‐Management Resolution 22‐XX. 11/13/2022 Incorporated LPOA MOU rates.
1/1/2022 Incoporated CA min wage rates and 3% hazard pay. 7/1/2021 Incorporated 2% COLA increase.1/1/2021 Incorporated CA min wage rates.1/1/2020 Incorporated CA min wage rates.7/1/2019 Incorporated LPOA MOU rates.1/1/2019 Incorporated CA min wage rates.1/1/2018 Incorporated CA min wage rates.1/1/2017 Incorporated CA min wage rates.
STEPS
December 13, 2022 Regular Meeting of the Lindsay City Council Page 93
STAFF REPORT
TO: Lindsay City Council
FROM: Juana Espinoza, Director of Finance
DEPARTMENT:
ITEM NO.:
Finance Department
11.8 MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Consider the Approval of Resolution 22-61, A Resolution of the City Council of the City of Lindsay Authorizing Salary Schedule Changes in Compliance with State-Mandated Minimum Wage and Minimum Salary Law Effective January 01, 2023.
Staff recommends that Council adopt Resolution 22-61 to increase affected pay rates to meet the 2023 California minimum wage requirements of $15.50 per hour for non-exempt positions and $31.00 per hour for exempt positions. This action is required to meet the State’s mandated base pay requirements with an effective date of January 01, 2023.
BACKGROUND | ANALYSIS
In 2016, the California State Legislature and Governor approved and adopted SB3, requiring stepped increases to the minimum wage rate for employees with the goal of reaching a $15.00 per hour minimum wage for non-exempt employees and an adjusted minimum wage for exempt employees set at a rate of at least twice the minimum wage set for non-exempt employees by January 1, 2022.
Thereafter, CA minimum wage rates will be adjusted annually for inflation based on the lower of the national consumer price index (CPI-W) or 3.5%, annually. The State does not have the ability to pause, or delay increases to the CA min wage rates established by SB3.
On July 27, 2022, the Director of the Department of Finance certified that based on the annual inflation rate from 07/01/2021-06/30/2022, under Labor Code section 1182.12(c)(3)(A), the state hourly minimum wage must be increased, effective January 1, 2023, to $15.50 per hour.
The City of Lindsay is subject to minimum wage laws and is recommending an update to the affected positions effective January 1, 2023. The positions affected by this change are listed in the table below:
Position Effective 01/01/2022 Effective 01/01/2023 Financial Impact Interns/Seasonal Staff $15.00 $15.50 $0.50 per hour/position Administrative Supervisor $30.00 $31.00 $1.00 per hour/position Maintenance Senior III $30.00 $31.00 $1.00 per hour/position December 13, 2022 Regular Meeting of the Lindsay City Council
Assistant to the City
Manager/City Clerk
$30.00 $31.00 $1.00 per hour/position
City Services Assistant
Director
$30.00 $31.00 $1.00 per hour/position
ATTACHMENTS
• Resolution 22-61
• City of Lindsay Hourly Salary Matrix, effective January 1, 2023 December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-61
NUMBER 22-61
TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY
AUTHORIZING SALARY SCHEDULE CHANGES IN COMPLIANCE
WITH STATE-MANDATED MINIMUM WAGE AND MINIMUM
SALARY LAW EFFECTIVE JANUARY 01, 2023
MEETING At a regularly scheduled meeting of the City of Lindsay City Council held on December 13, 2022, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the State of California’s minimum wage rate is set to $15.50 per hour for non-exempt employees effective January 01, 2023 and the State of California’s minimum wage for exempt employees is set at $31.00 per hour; and
WHEREAS, the City Council authorizes pay for all staff in accordance with each employee’s step on the salary schedule for the position that employee holds; and WHEREAS, employees will automatically progress up one step on the approved salary schedule on the employee’s anniversary date unless otherwise not recommended by the Department Head or City Manager in accordance with the City’s Personnel Rules and Regulations; and WHEREAS, Public Employees’ Retirement Law Government Code Section 20636 for public agency members and CCR 570.5 sets requirements for publicly available pay rate schedules; and WHEREAS, salaries listed for the Mid-Management employees are contingent on the passage of Resolution 22-60; and
WHEREAS, the City Council directs staff to publish the City of Lindsay adopted salary schedule.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Lindsay shall adjust employee pay rates to conform to minimum wage laws effective January 01, 2023.
SECTION 2. The schedule shall be adjusted in conformity with Public Employee’s Retirement Law Government Code Section 20636 for public agency members and CCR 570.5 guidelines for publicly available pay rate schedules.
SECTION 3. This resolution shall be effective immediately upon its approval and adoption.
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-61
SECTION 4. The Mayor, or presiding officer, is hereby authorized to affix her/his signature to the Resolution signifying its adoption by the City Council to the City of Lindsay, and the City Clerk, or their appointed deputy, is directed to attest thereto.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE December 13, 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
CITY CLERK MAYOR
December 13, 2022 Regular Meeting of the Lindsay City Council
City of Lindsay HOURLY
Hourly Salary Matrix (Effective January 1, 2023) (1)
Miscellaneous TIER 1, hired before July 1, 2018
Category Bargaining Unit Position 1234567
Non‐Exempt Unrepresented Interns / Seasonal 15.5000 15.5000 15.5000 15.5000 15.5000 15.5000 15.5000 Non‐Exempt SEIU Recreation ‐ Lifeguard 15.7500 16.5375 17.3644 18.2326 19.1442 20.1014 21.1065 Non‐Exempt SEIU Recreation I 15.7500 16.5375 17.3644 18.2326 19.1442 20.1014 21.1065 Non‐Exempt SEIU Maintenance 15.7500 16.5375 17.3644 18.2326 19.1442 20.1014 21.1065 Non‐Exempt SEIU Account Clerk I 15.7500 16.5375 17.3644 18.2326 19.1442 20.1014 21.1065 Non‐Exempt SEIU Code Enforcement Officer 15.7500 16.5375 17.3644 18.2326 19.1442 20.1014 21.1065 Non‐Exempt SEIU Records Clerk 15.9014 16.6965 17.5313 18.4079 19.3283 20.2947 21.3094 Non‐Exempt SEIU Maintenance Senior I 15.9014 16.6965 17.5313 18.4079 19.3283 20.2947 21.3094 Non‐Exempt SEIU Com. Dev. Specialist II 17.1190 17.9750 18.8737 19.8174 20.8083 21.8487 22.9411 Non‐Exempt SEIU Administrative Secretary 17.1249 17.9812 18.8802 19.8242 20.8155 21.8562 22.9490 Non‐Exempt SEIU Executive Assistant / Deputy City Clerk 19.8000 20.7900 21.8295 22.9210 24.0670 25.2704 26.5339 Non‐Exempt SEIU Records / IT Clerk 19.8000 20.7900 21.8295 22.9210 24.0670 25.2704 26.5339 Non‐Exempt SEIU Maintenance Senior II 20.0819 21.0860 22.1403 23.2474 24.4097 25.6302 26.9117 Non‐Exempt SEIU Account Clerk III 20.1805 21.1895 22.2490 23.3615 24.5295 25.7560 27.0438 Non‐Exempt SEIU Animal Control Officer 20.0819 21.0860 22.1403 23.2474 24.4097 25.6302 26.9117 Non‐Exempt SEIU Engineering Technician 25.0677 26.3211 27.6371 29.0190 30.4699 31.9934 33.5931 Non‐Exempt SEIU Assistant City Planner 25.0677 26.3211 27.6371 29.0190 30.4699 31.9934 33.5931 Non‐Exempt SEIU Building Inspector I 25.0677 26.3211 27.6371 29.0190 30.4699 31.9934 33.5931 Exempt Unrepresented Administrative Supervisor 31.0000 32.5500 34.1775 35.8864 37.6807 39.5647 41.5430 Exempt Unrepresented Maintenance Senior III 31.0000 32.5500 34.1775 35.8864 37.6807 39.5647 41.5430 Exempt Unrepresented Assistant to the City Manager / City Clerk 31.0000 32.5500 34.1775 35.8864 37.6807 39.5647 41.5430 Exempt Unrepresented City Services Assistant Director 31.0000 32.5500 34.1775 35.8864 37.6807 39.5647 41.5430 Exempt Unrepresented Human Resources Manager 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 Exempt Unrepresented Planning Manager 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 Exempt Unrepresented Finance & Accounting Manager 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 Exempt Unrepresented Executive Projects Manager 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 Exempt Unrepresented IT Manager 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 Exempt Unrepresented City Services Manager / Building Inspector 33.7849 35.4741 37.2478 39.1102 41.0657 43.1190 45.2750 STEPS
December 13, 2022 Regular Meeting of the Lindsay City Council Page 98 Miscellaneous TIER 2, hired after July 1, 2018
Category Bargaining Unit Position 1234567
Non‐Exempt Unrepresented Interns / Seasonal 15.5000 15.5000 15.5000 15.5000 15.5000 15.5000 15.5000 Non‐Exempt SEIU Recreation ‐ Lifeguard 15.7500 16.3013 16.8718 17.4623 18.0735 18.7061 19.3608 Non‐Exempt SEIU Recreation I 15.7500 16.3013 16.8718 17.4623 18.0735 18.7061 19.3608 Non‐Exempt SEIU Maintenance 15.7500 16.3013 16.8718 17.4623 18.0735 18.7061 19.3608 Non‐Exempt SEIU Account Clerk I 15.7500 16.3013 16.8718 17.4623 18.0735 18.7061 19.3608 Non‐Exempt SEIU Code Enforcement Officer 15.7500 16.3013 16.8718 17.4623 18.0735 18.7061 19.3608 Non‐Exempt SEIU Records Clerk 15.9014 16.4580 17.0340 17.6302 18.2472 18.8859 19.5469 Non‐Exempt SEIU Maintenance Senior I 15.9014 16.4580 17.0340 17.6302 18.2472 18.8859 19.5469 Non‐Exempt SEIU Com. Dev. Specialist II 17.1190 17.7182 18.3383 18.9802 19.6445 20.3320 21.0437 Non‐Exempt SEIU Administrative Secretary 17.1249 17.7243 18.3446 18.9867 19.6512 20.3390 21.0509 Non‐Exempt SEIU Executive Assistant / Deputy City Clerk 19.8000 20.4930 21.2103 21.9526 22.7210 23.5162 24.3393 Non‐Exempt SEIU Records / IT Clerk 19.8000 20.4930 21.2103 21.9526 22.7210 23.5162 24.3393 Non‐Exempt SEIU Maintenance Senior II 20.0819 20.7848 21.5123 22.2652 23.0445 23.8510 24.6858 Non‐Exempt SEIU Account Clerk III 20.1805 20.8868 21.6179 22.3745 23.1576 23.9681 24.8070 Non‐Exempt SEIU Animal Control Officer 21.0860 21.8241 22.5879 23.3785 24.1967 25.0436 25.9201 Non‐Exempt SEIU Engineering Technician 25.0677 25.9451 26.8531 27.7930 28.7657 29.7725 30.8146 Non‐Exempt SEIU Assistant City Planner 25.0677 25.9451 26.8531 27.7930 28.7657 29.7725 30.8146 Non‐Exempt SEIU Building Inspector I 25.0677 25.9451 26.8531 27.7930 28.7657 29.7725 30.8146 Exempt Unrepresented Administrative Supervisor 31.0000 32.0850 33.2080 34.3703 35.5732 36.8183 38.1069 Exempt Unrepresented Maintenance Senior III 31.0000 32.0850 33.2080 34.3703 35.5732 36.8183 38.1069 Exempt Unrepresented Assistant to the City Manager / City Clerk 31.0000 32.0850 33.2080 34.3703 35.5732 36.8183 38.1069 Exempt Unrepresented City Services Assistant Director 31.0000 32.0850 33.2080 34.3703 35.5732 36.8183 38.1069 Exempt Unrepresented Human Resources Manager 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 Exempt Unrepresented Planning Manager 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 Exempt Unrepresented Finance & Accounting Manager 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 Exempt Unrepresented Executive Projects Manager 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 Exempt Unrepresented IT Manager 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 Exempt Unrepresented City Services Manager / Building Inspector 33.7849 34.9673 36.1912 37.4579 38.7689 40.1258 41.5302 STEPS
December 13, 2022 Regular Meeting of the Lindsay City Council Page 99 Public Safety
Category Bargaining Unit Position 1234567
Non‐Exempt Unrepresented Fire Apparatus Engineer 21.0860 22.1403 23.2474 24.4097 25.6302 26.9117 28.2573 Non‐Exempt POA Public Safety Officer 26.6434 27.9756 29.3744 30.8431 32.3852 34.0045 35.7047 Non‐Exempt POA Public Safety Sergeant 32.4393 34.0612 35.7643 37.5525 39.4301 41.4016 43.4717 Non‐Exempt Unrepresented Fire Lieutenant 29.4234 30.8945 32.4393 34.0612 35.7643 37.5525 39.4301 Exempt Unrepresented Public Safety Lieutenant(2) 41.3511 43.4187 45.5896 47.8691 50.2626 52.7757 55.4145 ExecutivesCategory Bargaining Unit Position Minimum Maximum Exempt Unrepresented City Manager 55.0514 80.0000Exempt Unrepresented Director of Public Safety 41.4567 70.0000 Exempt Unrepresented Director of Finance 41.7193 70.0000 Exempt Unrepresented Director of City Services 36.1722 70.0000 Exempt Unrepresented Recreation Services Director 34.3651 60.0000 All hourly rates are based on a 40‐hour work week.
Fire employees will convert to a 56‐hour work week upon completion of their training.
To calculate fire shift hourly rates, multiply the rate listed above by 40 hours and divide by 56 shift hours. (1) Five year history:
1/1/2023 Incorporated CA min wage rates.
12/13/2022 Incoporated Mid‐Management Resolution 22‐60.11/13/2022 Incorporated LPOA MOU rates. 1/1/2022 Incoporated CA min wage rates and 3% hazard pay. 7/1/2021 Incorporated 2% COLA increase.1/1/2021 Incorporated CA min wage rates.1/1/2020 Incorporated CA min wage rates.7/1/2019 Incorporated LPOA MOU rates.1/1/2019 Incorporated CA min wage rates.1/1/2018 Incorporated CA min wage rates.1/1/2017 Incorporated CA min wage rates. (2) Range includes Resolution 22‐60 A Resolution of the City Council of the City of Lindsay Authorizing Wage and Related Benefits for Employees of the Mid‐Management Group presented to Council on December 13, 2022. If Resolution 22‐60 is not approved by the Council on December 13, 2022, the following range will apply:
Category Bargaining Unit Position 1 2 3 4 5 6 7
Exempt Unrepresented Public Safety Lieutenant 38.1600 40.0680 42.0714 44.1750 46.3837 48.7029 51.1381 STEPS
STEPS
December 13, 2022 Regular Meeting of the Lindsay City Council Page 100
STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 11.9
MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Consider the Minute Order Approval of Resolution 22-62, A Resolution of the City Council of the City of Lindsay Accepting the 2022 Municipal Election Results as Certified by the Tulare County Registrar of Voters.
BACKGROUND | ANALYSIS
The City of Lindsay held a municipal election as part of the state-wide general election on November 8, 2022. Registered voters were eligible to cast votes for two (2) open Council Member positions. The Tulare County Registrar of Voters canvassed returns from the Lindsay precincts and mail-in ballots to determine the election results.
The results of the election for City Council seats were:
Candidate Total Votes Percentage
Yolanda Flores 606 30.81%
Rosaena Arevalo-Sanchez 538 27.35%
Elvia Nathalie Jara 515 26.18%
Julie R. Grzybeck 308 15.66%
The newly elected Council Members are Yolanda Flores and Rosaena Arevalo-Sanchez. The Tulare County Registrar of Voters certified the election on November 30, 2022.
FISCAL IMPACT
No fiscal impact to approve this action. The new Council members will participate in making decisions that will impact the City’s resources.
ATTACHMENTS
• Election Certification from the Registrar of Voters
• Resolution 22-62
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-62
NUMBER 22-62
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY ACCEPTING THE 2022 MUNICIPAL ELECTION RESULTS AS
CERTIFIED BY THE TULARE COUNTY REGISTRAR OF VOTERS
At a regularly scheduled meeting of the City of Lindsay City Council held on December 13, 2022, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, a General Municipal Election was held in the City of Lindsay on November 08, 2022; and
WHEREAS, the Tulare County Registrar of Voters has canvassed returns from the Lindsay precincts including votes by mail.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Yolanda Flores and Rosaena Arevalo-Sanchez received the highest number of votes for two (2) open City Council seats and are hereby elected to serves as Council members for the ensuring four (4) years.
SECTION 2. Complete returns are recorded by the Tulare County Registrar of Voters as follows:
Candidate Total Votes Percentage
Yolanda Flores 606 30.81%
Rosaena Arevalo-Sanchez 538 27.35%
Elvia Nathalie Jara 515 26.18%
Julie R. Grzybeck 308 15.66%
SECTION 3. This resolution shall be effective immediately upon its approval and adoption.
SECTION 4. The Mayor, or presiding officer, is hereby authorized to affix her/his signature to the Resolution signifying its adoption by the City Council of the City of Lindsay, and the City Clerk, or his duly appointed deputy, is directed to attest thereto.
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-62
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE December 13, 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
CITY CLERK MAYOR
December 13, 2022 Regular Meeting of the Lindsay City Council
COOPERATIVE FIRE PROTECTION AGREEMENT
BETWEEN
COUNTY OF TULARE
AND
CITY OF LINDSAY FOR AUTOMATIC AID AND USE OF RADIO
FREQUENCIES
This is a COOPERATIVE FIRE PROTECTION AGREEMENT between TULARE COUNTY, hereinafter referred to as “COUNTY” and the City of Lindsay (hereinafter referred to as "THE CITY”, and is entered into this 1st day of January 2023
WHEREAS, pursuant to Federal Communications Commission Rules and Regulations section
90.179, the sharing of radio frequencies is authorized; and WHEREAS, pursuant to Government Code section 549817,the County and the CITY may enter into an agreement to provide for the rendering of assistance whenever fires or emergency incidents may occur within certain areas of the jurisdictions of the parties which due to the location or size of the fires, or other emergency incidents, such fires or emergency incidents cannot be adequately responded to and handled by the fire department of the party having jurisdiction without additional assistance; and NOW, THEREFORE, the parties hereto mutually agree as follows:
1. IDENTIFICATION: This Agreement is between the County of Tulare and the City of Lindsay, concerning fire protection.
2. AUTHORITY: This Agreement is prepared under the Authority of the Cooperative Fire Protection Agreement (hereinafter called the Agreement) between the COUNTY and the CITY. This agreement shall become the Understanding upon signature of all parties.
3. PURPOSE: The Agreement provides interagency guidelines for emergency responders and information necessary to properly execute the terms of this agreement.
4. DEFINITIONS: Unless the particular provisions or context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words used in this Agreement.
A. “FIRE Protection Services” shall mean firefighting capacity to contain, control, and extinguish fires and shall exclude first aid and reserve services.
B. “Requesting Party” shall mean any party to this Agreement that requests fire protection within the Agency Having Jurisdiction (AHJ) from the other party to this Agreement.
C. “Receiving Party” shall mean any party to this Agreement that receives a request for fire protection within the jurisdiction of the requesting party.
D. “Unit” shall mean an engine company including apparatus, equipment, and personnel.
December 13, 2022 Regular Meeting of the Lindsay City Council
E. "Dispatch" shall mean any radio traffic activity or request that causes the COUNTY Emergency Communication Center to engage on behalf of the CITY.
F. "Closest available resources" shall mean any participating Mutual Aid fire agency's firefighting apparatus that is nearest in proximity to the location of the emergency activity.
G. "Mutual Aid" is defined as the provision of resources (personnel, apparatus, and equipment) to a requesting party already engaged in emergency operations, which have exhausted or will shortly exhaust the local jurisdiction resources.
5. GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California. The parties agree that this contract is made in and shall be performed in Tulare County, California.
6. DISPUTE RESOLUTION: If a dispute arises out of or relating to this Agreement or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation or some other dispute resolution procedure, unless the parties mutually agree otherwise. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties; otherwise, each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within 30 days, either party may pursue litigation to resolve the dispute.
7. CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.
8. HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
9. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority or is agreed by the parties to be in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.
10. ASSURANCES OF NON-DISCRIMINATION: The COUNTY and the CITY shall not discriminate in employment or in the provision of services on the basis of any characteristicor December 13, 2022 Regular Meeting of the Lindsay City Council
condition upon which discrimination is prohibited by state or federal law or regulation.
11. FURNISHING OF FIRE PROTECTION SERVICES: The requesting party shall furnish fire protection services within the jurisdiction of the party requesting such-service pursuant to the following provisions:
A. The COUNTY and the CITY agree to furnish fire protection personnel, equipment, materials and supplies, and to render such fire protection services to each other as may be necessary to suppress fire of a size, and/or complexity beyond the control of either party hereto acting without the assistance of the other, and the control of which therefore requires the assistance from the other within the defined service area as per Exhibit A.
B. The territories covered by this Agreement are the Lindsay City limits and the territory of the COUNTY (South to Avenue 208, North to Avenue 256, West to Road 196, and East to Road 236) as identified in Exhibit A attached hereto and incorporated herewith.
C. As requested by the COUNTY, and or upon receiving dispatch information, the CITY will respond one (1) Unit into the COUNTY area to all related emergency incidents that require more than a single unit response as defined by the Tulare County Fire Department Standard Response Plan (Exhibit A).
D. As requested by the CITY, and or upon receiving dispatch information, the COUNTY will respond one (1) unit into the CITY limits on all related emergency incidents that require more than a single unit response as defined by the Tulare County Fire Department Standard Response Plan (Exhibit B attached hereto and incorporated herewith). The county, as the Operational Area Fire and Rescue (OES) Coordination Communication Center shall assist CITY with additional emergency equipment requests by placing requests to the Operation Area Fire Department Mutual Aid participating agencies.
E. The Requesting party is not obligated to furnish any service if apparatus, equipment, personnel, or any combination thereof is not available as determined by either Fire Chief, or his/her designated representative.
F. The COUNTY “Training Facility” located at the corner of Road 196 and Avenue 228, (Station 15 in Lindsay), may be made available to the CITY. Requests for the use of the Training Facility must be made to the Fire Chief, or his/her designated representative with no less than 2 weeks’ notice. The cost of any consumable products will be incurred by the CITY and reimbursed to the County no greater than 60 days after uses of consumable items. A Training Liability Waver shall be completed prior to the use of the training facility by the CITY. See “Exhibit C”
G. The party which has primary jurisdiction for fire protection in the area involved will direct all operations and support activities and request additional assistance as is needed; however, it is provided that the first arriving unit from either AHJ will take initial action to protect life and property. When either party-hereto responds to-incidents outside its jurisdiction, the agency with primary responsibility will provide an officer of its department, who will supervise and direct activities and assume responsibility for releasing any fire December
resources from the
13, 2022 Regular Meeting
scene.
of the Lindsay City Council
H. Except as may be provided by separate written agreement between the parties hereto, the assurance of mutual aid set forth herein shall constitute the sole consideration for the performance hereof, and neither party shall be obligated to reimburse hereunder, or for any use of material, damage to equipment, or liability incurred which may occur in the course rendering the firefighting assistance herein provided for.
I. Nothing contained herein shall be construed as a contract law or equity for the benefit of any third party, which may be affected by the Agreement.
J. Nothing contained herein shall affect either party's responsibility to provide worker's compensation insurance or protection for its employees.
K. This Agreement shall supersede all previous fire protection service agreements made between COUNTY and the CITY. This is a furtherance of the "California Disaster and Civil Defense Master Mutual Aid Agreement".
12. RADIO COMMUNICATIONS: The CITY agrees to acquire and maintain its own radio communications equipment meeting Federal Communication Commission specification compatible with COUNTY fire operations frequencies and to operate on the following frequencies:
TLC 1 Transmit: 155.895, Receive: 154.010
TLC-2 Transmit: 158.925, Receive: 153.905
TLC-3 Transmit: 153.830 Receive: 153.830
TLC-4 Transmit: 158.760 Receive: 154.100
V-Fire 21:154.280, V-Fire 22:154.265, V-Fire 23: 154.295 V-Fire 24: 154.275 V-Fire 25: 154.285, and Lindsay Fire Transmit: 158.880
Equipment by type and use, authorized for frequency use:
Base Station: 2. Mobile: 8. Portable: 15 Pager: 10
13. RADIO EQUIPMENT: The equipment referred to in paragraph 12 above, shall be and remain the property of the CITY, but COUNTY shall be the licensee pursuant to Federal Communications Commission Rules and Regulations. The applications for authority to add to or modify station licenses shall be made by and in the name of the COUNTY.
14. COUNTY STANDARDS: In rendering of fire protection services, the COUNTY, standards of performance including all work, the assignment and discipline of personnel, and othermatters incidental to the performance of such services and the control of personnel so employed, shall remain with the County Fire Chief. In the event of a dispute between the parties concerning the extent of the duties and functions to be rendered under this Agreement or the level or manner of performance of such services, the determination made by the County Fire Chief shall be final and conclusive.
December 13, 2022 Regular Meeting of the Lindsay City Council
15. THE CITY STANDARDS: In rendering of fire protection services by THE CITY, the standards of performance including all work, the assignment and discipline of personnel, and other matters incidental to the performance of such services and the control of personnel so employed, shall remain with the City of Lindsay Police Chief. In the event of a dispute between the parties concerning the extent of the duties and functions to be rendered under this agreement or the level or manner of performance of such services, the determination made by the City of Lindsay Police Chief shall be final and conclusive.
16. EMPLOYEE STATUS: No officers, agents, or employees of the County Fire Chief or County-hired Extra Help Firefighters shall be deemed to be City employees or have any City pension, civil service, or any status or right with regard to the City. No officers, agents or employees of the City shall be deemed to be Tulare County employees or have anyCOUNTY pension, civil service, or any status or right with regard to the COUNTY.
17. TERMINATION: Each party shall have the right to terminate this Agreement upon the default of the other party, such termination to be effective upon thirty (30) days written notice of termination to the defaulting party. Default occurs upon the failure of a party to remedy a default under the terms of this agreement within thirty (30) days after the non-defaulting party has given the other party written notice pursuant to paragraph 22 this this Agreement, of a failure to comply and the nature thereof.
18. INDEMNIFICATION: The CITY shall hold harmless, defend, and indemnify the COUNTY from any liability, claims, actions, costs, damages, or losses including those brought by a “third party”, for injury, including death, to any person or damage to any property arising out of any activities by the CITY or its employees, officers, agents, and volunteers up to the limits of the CITY's liability insurance policy. The COUNTY shall hold harmless, defend, and indemnifythe CITY from any liabilities, claims, actions, costs, damages, or losses, including those brought by a “third party” for injury, including death, to any person or damage to any property arising out of any activities by the COUNTY or its employees, officers, agents, and extra-help firefighters under this Agreement. These obligations shall continue beyond the term of this Agreement as to any act which occurred during this Agreement.
19. AMENDMENT: This Agreement may only be amended by the mutual written consent of both parties.
20. INTEGRATION: This Agreement, upon its effective date, will supersede and replace any existing agreements between the parties with respect to emergency dispatch and communication services. Both parties acknowledge that the headings used herein are for reference only, and that the terms of the Agreement are set out in the text under such headings.
21. TERM OF AGREEMENT: This Agreement shall become effective on the 1st day of November 1, 2022, and shall terminate on the 1st day of November 2025, provided, however, such Agreement shall automatically be extended for one or more consecutive terms of one (1) year each, upon the same terms and conditions, which are applicable to the original term of the Agreement. Either party shall have the right to terminate this Agreement without cause upon 90 days prior written notice to the other party.
December 13, 2022 Regular Meeting of the Lindsay City Council
22. NOTICE: Any notice to be given hereunder shall be written and served either by personal delivery or by first-class mail, postage prepaid and properly addressed, as follows:
COUNTY:
Board of Supervisors
County of Tulare Administration
Building County Civic Center
2800 West Burrel Ave.
Visalia, CA 93291
CITY OF LINDSAY:
City Manager
City of Lindsay
251 E. Honolulu Street
Lindsay, CA 93247
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.
Approved as to Form: Approved as to Form:
County Counsel
Board of Supervisors, Chairperson Joe Tanner, City Manager County of Tulare City of Lindsay
JoeTanner(Nov 10, 202214:25PST)
City of Lindsay, City Clerk
December 13, 2022 Regular Meeting of the Lindsay City Council
EXHIBIT A
AUTO AID FIRE PROTECTION
Auto aid shall be provided within the limits of the County of Tulare and the CITY subject to Exhibit A. However, neither party shall be required to reduce its own fire protection resources, personnel, services, and facilities to the detriment of its normal fire protection capability.
No response to an Auto Aid request will be made by either the COUNTY or the CITY unless such request is received through the established communications channel common to each party and made by a responsible fire official of the party requesting such aid.
COUNTY and the CITY will respond to those incidents involving fire, traffic accidents and technical rescue activities. It is not intended to include automatic aid for emergency medical incidents.
Mutual aid for medical incidents may be provided upon request.
Fire protection personnel, furnished by one party to the other party, will work as far as possible, under their own supervisors. Equipment furnished by one party to the other party will ordinarilybe operated by personnel of the party furnishing the equipment. General directions relative to the work will be given by the Incident Commander or his/her designee.
Neither party shall be obligated to reimburse the other for any use of material, damage to equipment, or liability incurred which may occur in the course of rendering firefighting assistance, other than as may be expressly provided elsewhere in this Agreement.
Auto aid covers day-to-day operations only and shall not be in force and effect when a state of extreme emergency has been proclaimed and when the California Disaster and Civil Defense Master Mutual Aid Agreement becomes operative.
Both parties agree to schedule quarterly training drills for the firefighters affected by this Agreement. Each party shall be responsible for providing the quarterly training for their own personnel.
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
EXHIBIT B
December 13, 2022 Regular Meeting of the Lindsay City Council
EXHIBIT C
December 13, 2022 Regular Meeting of the Lindsay City Council
2022-11-08 County and City Cooperative
Agreement for Aid and Radio Freq
Final Audit Report 2022-11-10
"2022-11-08 County and City Cooperative Agreement for Aid an d Radio Freq" History
Document created by Francesca Quintana ([email protected]) 2022-11-08 - 7:09:22 PM GMT
Document emailed to [email protected] for signature 2022-11-08 - 7:09:49 PM GMT
Email viewed by [email protected]
2022-11-08 - 7:36:45 PM GMT
Email viewed by [email protected]
2022-11-10 - 10:25:03 PM GMT
Signer [email protected] entered name at signing as Joe Tanner 2022-11-10 - 10:25:25 PM GMT
Document e-signed by Joe Tanner ([email protected]) Signature Date: 2022-11-10 - 10:25:27 PM GMT - Time Source: server Agreement completed.
2022-11-10 - 10:25:27 PM GMT
Created
:
By:
2022-11-08
Francesca Quintana
([email protected]) Signed
Transaction CBJCHBCAABAA80wvAVAarXZpLslG-4HDecember 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-63
NUMBER 22-63
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY,
AUTHORIZING THE PURCHASE AND SALE AGREEMENT FOR THE
PROPERTY LOCATED AT 100 EAST HONOLULU STREET, LINDSAY,
CA 93247 (APN 205-236-014), AND FINDING THAT THE ACQUISITION
IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION
15301 OF THE CEQA GUIDELINES, AUTHORIZING CLOSE OF
ESCROW, AND AUTHORIZING CITY MANAGER TO EXECUTE ANY
DOCUMENTS THERETO
At a regularly scheduled meeting of the City of Lindsay City Council held on December 13, 2022, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, the City of Lindsay and Jose Cabrera (“Seller”) have negotiated a draft Purchase and Sale Agreement (“PSA”) for the acquisition of property located at 100 E. Honolulu Street in the City of Lindsay, California (the “Property”); and
WHEREAS, Government Code Section 37350 states that the City may purchase, lease, receive, hold, and enjoy real and personal property and control and dispose it for the common benefit; and WHEREAS, the acquisition of the Property provides a unique opportunity for the City of Lindsay to take ownership of a building for a low cost; and
WHEREAS, the City has not yet committed to any development plans for the Property until such time as the City Council approves a particular project or use that will benefit the community; and WHEREAS, the City Council approves execution of the PSA attached to this Resolution as Exhibit A.
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 authorizes the City Manager or their designee to negotiate and execute the PSA on behalf of the City subject to such nonsubstantive or minor modifications or amendments as may be necessary to December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-63
complete the transaction contemplated hereby, and subject further to the City Attorney’s approval as to form.
SECTION 3. That the City Manager or their designee shall negotiate and execute such other instruments, in a form approved by the City Attorney, and take any and all other action, as may be reasonably necessary to complete the acquisition of, and to close escrow on, the Property. Without limiting the generality of the foregoing, the City Manager or their designee is hereby authorized to execute a certificate of acceptance of the grant deed for the property, pursuant to Government Code section 27821 in a form approved by the City Attorney.
That the City Council finds that the acquisition of the Property is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines Section 15301(d) (Categorical Exemption). Nothing in the PSA limits the City’s discretion to take any and all action necessary to comply with CEQA prior to approving any future project on the site.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE December 13, 2022
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-63
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
FRANCESCA QUINTANA
CITY CLERK MAYOR
December 13, 2022 Regular Meeting of the Lindsay City Council
APN: 205-236-014 City of Lindsay / Jose Cabrera
PURCHASE AND SALE AGREEMENT
of Commercial Property Located at
100 E. Honolulu St., Lindsay, CA 93247
THIS AGREEMENT is made and entered into by and between Jose Cabrera (hereinafter called "Seller"), and The City of Lindsay, a Municipal Corporation, (hereinafter called "City").
Instruments in the form of a Grant Deed ("Deed") covering the commercial property particularly described therein ("Property"), will be executed concurrently with this Agreement and delivered to City representatives.
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement.
2. The City shall:
A. PAYMENT- Pay to the order of the Seller the sum of eighty five hundred dollars and zero cents ($8,500.00) as consideration in full for the Property, and for entering into this Agreement.
Said sum shall be paid when title to the Property has vested in City free and clear of all liens, encumbrances, assessments, easements and leases recorded or unrecorded, except for recorded public utility easements and public right of way.
B. APPLICABLE TERMS – Not pursue the collection of any debt owed by the Seller to the City incurred from the June 11, 2021 Fire Response after the close of escrow. The City will not pursue the collection of any future payment from the Seller for costs incurred by the City at any time, including, but not limited to, City Fire Department charges, sanitation, fencing, and all emergency and non-emergency charges related for the cleanup and rehabilitation of the Property.
.
C. RECORDATION OF INSTRUMENT - Accept the Deed and cause the same to be recorded in the office of the Tulare County Recorder at such time as when clear title can be conveyed.
D. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees incurred in this transaction.
E. CLEARANCE OF BONDS. ASSESSMENTS. OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount shown in Clause 2.A. above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which the December 13, 2022 Regular Meeting of the Lindsay City Council
APN: 205-236-014 City of Lindsay / Jose Cabrera
Deeds record, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien as of the date of recordation of the Deeds.
F. SELLER TO REMOVE PERSONAL AND BUSINESS PROPERTY – Provide the Seller the opportunity to access the Property to remove all of his personal and business property by no later than January 16, 2023. The City shall will take all actions necessary, including removing the fence or otherwise providing access to the Property, to allow Seller, his agents, contractors, subcontractors, or any other person or entity hired by Seller or working on behalf of the Seller, to gain access to the Property for such purpose.
3. The Seller:
A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all monies payable under this Agreement up to and including the total amount of the unpaid principal and interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder. Seller shall cooperate with the Escrow Officer in obtaining lien clearance documents from any and all creditors holding liens against the Property.
B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or any portion of the Property, or if there are such leases, Seller agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said Property held by tenant of Seller.
C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors, permission to enter the Property prior to the close of escrow, no earlier than when Seller has removed all of his personal and business property pursuant to the terms set forth in Paragraph 2(F), for the purposes of preparation for the construction of the City's facilities, subject to all applicable terms and conditions contained in this Agreement and the associated Deed.
D. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving the requirements to clear any defects and imperfections in all matters of record title, the Seller indemnifies and holds the City harmless from any and all claims that other parties may make or assert on the title to the Property. Seller's obligation to indemnify the City shall not exceed the amount paid to the Seller under this Agreement. Seller hereby represents and warrants that he is the sole vested owner of the Property, holding all ownership and possessory rights, and is the authorized signatories to grant the rights referenced in this Agreement without conflict or claims from other parties.
E. HAZARDOUS SUBSTANCES – There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence or use of hazardous December 13, 2022 Regular Meeting of the Lindsay City Council
APN: 205-236-014 City of Lindsay / Jose Cabrera
substances on or within the Property.
Seller has not used the Property for any industrial operations that use hazardous substances.
Seller is not aware of any prior use of such property. Seller has not installed any underground storage tanks, above ground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous substances on any part of the Property or Seller's remaining adjacent property. Sellers are not aware of any such prior installations. The purchase price of the Property being acquired reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous substances which require mitigation under Federal or State law, City may elect to recover its cleanup costs from those who caused or contributed to the contamination.
F. TAX REPORTING AND WITHHOLDING -The Foreign Investment in Real Property Tax Act of 1980 ("FIRPIA"), as amended by the Tax Reform Act of 1984, places special requirements for tax reporting and withholding on the parties to a real estate transaction where the transferor (Seller) is a non-resident alien or non-domestic corporation or partnership, or is a domestic corporation or partnership controlled by a non-resident or non-resident corporation or partnership. In accordance with the provisions of Section 1445 of the Internal Revenue Code of 1954, as amended, and any regulations promulgated thereunder, Seller shall execute an affidavit under penalty of perjury setting forth Seller's name, address, federal tax identification number, and certifying whether Granter is a "foreign person" in accordance with the provisions of the Internal Revenue Code. Further, tax withholding may be required in accordance with the California Revenue and Taxation Code Section 18662. It is specifically understood and agreed by Grantor that closing of this escrow is subject to, and contingent upon, deposit into escrow of a FIRPTA Affidavit of Non-Foreign Status and a California Form 593-C, Real Estate Withholding Certificate and associated required paperwork, completed and signed by Grantor, and Escrow Agent is hereby authorized and instructed to withhold from Grantor's proceeds amounts so required by these laws and to forward any amounts withheld to the appropriate taxing authority.
G. INDEMNIFICATION - Indemnify and hold harmless City from any and all claims, damages, costs, judgments, or liability arising from the June 11, 2021 fire occurring at 100 E.
Honolulu St., Lindsay, CA 93247. Seller’s obligation to indemnify the City shall not exceed the amount paid to the Seller under this Agreement.
4. The Parties agree:
A. ESCROW - At City's option, to open an escrow in accordance with this Agreement at an escrow company of City's choice. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time.
If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the executed Deeds by Seller, with Certificate of Acceptance attached, along with $8,500 with the escrow agent on Seller's behalf. City and Seller agree to deposit with escrow agent all December 13, 2022 Regular Meeting of the Lindsay City Council
APN: 205-236-014 City of Lindsay / Jose Cabrera
additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check or wire transfer from such account.
Any taxes which have been paid by Seller, prior to opening of this escrow, shall be pro-rated between City and Seller prior to close of escrow. Seller shall also have the sole right after close of escrow, to apply to the County Tax Collector of said County for any refund of such taxes which may be due Seller for the period after City's acquisition.
B. Seller is responsible 100% taxes, fees and assessments on the property. i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Seller for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Seller's property subject to this transaction as required to convey clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deeds when conditions of this escrow have been fulfilled by City and Seller.
ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized.
C. MISCELLANEOUS REALTY ITEMS ACQUIRED - Payment in Clause 2.A. includes, but is not limited to, payment for landscaping, fencing, irrigation, concrete walkways, concrete driveway and gravel, which are considered to be part of the realty and are being acquired by City in this transaction.
D. JUDGMENT IN LIEU OF DEED - In the event Seller does not deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of the Property, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights.
December 13, 2022 Regular Meeting of the Lindsay City Council
APN: 205-236-014 City of Lindsay / Jose Cabrera
E. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.
F. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.
G. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon approval by the Lindsay City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.
H. COUNTERPARTS - This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document.
I. ELECTRONIC AND FACSIMILE SIGNATURES - In the event that the parties hereto utilize electronic or facsimile documents which include signatures, such documents shall be accepted as if they bore original signatures provided that documents bearing ORIGINAL SIGNATURES are provided following transmittal of the electronic or facsimile signature.
Documents for recordation by the Clerk Recorder must contain original signatures.
J. NO THIRD-PARTY BENEFICIARIES INTENDED - Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
K. BINDING EFFECT - This Agreement shall inure to the benefit of and constitute a binding obligation upon the successors and assigns of the parties hereto.
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
December 13, 2022 Regular Meeting of the Lindsay City Council
APN: 205-236-014 City of Lindsay / Jose Cabrera
GRANTOR:
Jose Cabrera
100 E Honolulu St.
Lindsay, CA 93247
By: ________________________________ Date:________________________________ CITY OF LINDSAY:
Joseph M. Tanner, City Manager
251 E. Honolulu St.
Lindsay, CA 93247
By: ________________________________ Date:________________________________ December 13, 2022 Regular Meeting of the Lindsay City Council
Joseph M. Tanner
City Manager
City of Lindsay
251 E. Honolulu, P.O. Box 369
Lindsay, CA 93247
559.562.7102 x 8010
[email protected]
December 13, 2022
Jeanette Workman
Program Administrator
Central San Joaquin Valley Risk Management Authority
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA, 95833
Re: Notice of Withdrawal
Mrs. Workman,
On December 13, 2022, the City of Lindsay’s City Council approved a Notice of Withdrawal and Resolution regarding our desire to withdraw from the Central San Joaquin Valley Risk Management Authority (CSJVRMA) effective June 30, 2023.
The City’s decision to withdraw from CSJVRMA was based on our desire to have expanded services, better customer service and flexibility. Please forward this letter to the Board of Directors at the next Board meeting or as you see fit to move the process along.
If the City determines that other coverage options do not meet our needs, the City will reapply to CSJVRMA. Thank you for your time and understanding in this matter.
Sincerely,
Joseph M. Tanner
City Manager
Cc: Megan Dodd, City Attorney
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-64
NUMBER 22-64
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY
AUTHORIZING THE WITHDRAWAL FROM THE CENTRAL SAN
JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA)
At a regularly scheduled meeting of the City of Lindsay City Council held on December 13, 2021, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, it is the desire of the City of Lindsay terminate its participation and withdraw from the Central San Joaquin Valley Risk Management Authority (“CSJVRMA”); and WHEREAS, the City of Lindsay’s decision to withdraw from the Central San Joaquin Valley Risk Management Authority (CSJVRMA) was based on its desire to acquisition expanded services, better customer service, and flexibility; and
WHEREAS, Article XIX of the CSJVRMA Joint Powers Agreement reference that “Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program.”; and
WHEREAS, if the City of Lindsay has determined that if other coverages do not meet its needs, the City will reapply to participate in the Central San Joaquin Valley Risk Management Authority (CSJVRMA); and
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 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.
SECTION 4. The Mayor or presiding officer, is hereby authorized to affix their signature to the Resolution signifying its adoption by the City Council to the City of Lindsay, and the City Clerk, or their appointed deputy, is directed to attest thereto.
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-64
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE December 13, 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
CITY CLERK MAYOR
December 13, 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.: 11.13
MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Consider Approval of Resolution 22-66, 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 December 13, 2022 Regular Meeting of the Lindsay City Council
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 December 13, 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. 22-66
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-66
NUMBER 22-66
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 December 13, 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 December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-66
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.
December 13, 2022 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 22-66
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE December 13, 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
CITY CLERK MAYOR
December 13, 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.: 12.1
MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
First Reading of Ordinance No. 604, An Ordinance of the City of Lindsay Amending Titles One (1) Through Eighteen (18) of the Lindsay Municipal Code to Set the Approval of Municipal Fees and Charges for Various Municipal Services via City Council Resolution and Repealing all other Ordinances Relative to the Setting of Municipal Fees and Charges Thereto.
Staff recommends that Council approve this action as it will ensure that revenues produced by user fees are sufficient to defray the cost of providing such services, and that fees and charges are updated regularly to ensure optimal cost recovery.
BACKGROUND | ANALYSIS
On August 26, 2021, the State Auditor issued Report 2020-804 regarding the City of Lindsay which was conducted as part of the high-risk local government agency audit program. In Report 2020-804, the State Auditor issued a number of findings and required the City of Lindsay to submit a Corrective Action Plan by November 2021. On November 09, 2021, the Lindsay City Council adopted the City of Lindsay Corrective Action Plan via Resolution 21-48.
On December 22, 2021, the City released a Request for Proposal (“RFP”) for a Full Cost Allocation Plan and Comprehensive Citywide Fee Study. On February 22, 2022, the City Council awarded the contract to Willdan Financial Services.
The User Fee Study and Cost Allocation Plan were conducted directly in response to State Auditor Report 2020-804, thus prompting a review and analyzation of the Lindsay Municipal Code to identify any fees and to amend the code to set the approval of municipal fees and charges for various municipal services via Resolution of the Lindsay City Council.
On November 26, 2022, the Public Hearing Notice of Ordinance No. 604 was duly noticed in accordance with California State law in the Porterville Recorder. The purpose of Ordinance No. 604 is to amend titles one (1) through eighteen (18) of the language within the Lindsay Municipal Code which reference specific fees, to instead set the approval of fees and charges via City Council Resolution.
FISCAL IMPACT
No fiscal impact to approve this action.
December 13, 2022 Regular Meeting of the Lindsay City Council
ATTACHMENTS
• Public Hearing Notice Proof
• Ordinance 604 – Redline Copy
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
ORDINANCE NO. 604
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING TITLES ONE (1) THROUGH EIGHTEEN (18) OF THE LINDSAY
MUNICIPAL CODE TO SET THE APPROVAL OF MUNICIPAL FEES AND
CHARGES FOR VARIOUS MUNICIPAL SERVICES VIA CITY COUNCIL
RESOLUTION AND REPEALING ALL OTHER ORDINANCES RELATIVE TO THE SETTING OF MUNICIPAL FEES AND CHARGES THERETO.
Section 1. PURPOSE. The provisions of this ordinance are intended to amend the Lindsay Municipal Code to set the approval of Municipal Fees and Charges for various Municipal Services via City Council Resolution.
Section 2. CODE AMENDMENT. Lindsay Municipal Code Titles One (1) through Eighteen (18) are hereby amended to read in their entirety as follows:
Chapter 01.16.010
Penalty For Code Violation
A. Except where specifically provided otherwise in the Lindsay Municipal Code, violation of any of the provisions of this code shall be unlawful and constitute an infraction.
B. Any residential person convicted of violating any provision of the Lindsay Municipal Code shall be punished by an amount which is set by resolution of the City Council.
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding five hundred dollars for a second violation of the same section within one year;
3. A fine not exceeding one thousand hundred dollars for each additional violation of the same section within one year.
C. Any non-residential person or group convicted of violating any provision of the Lindsay Municipal Code shall be punished by:
1. A fine not exceeding one thousand dollars for a first violation;
2. A fine not exceeding five thousand dollars for a second violation of the same section within one year;
3. A fine not exceeding ten thousand dollars for each additional violation of the same section within one year.
December 13, 2022 Regular Meeting of the Lindsay City Council
D. The phrase "violation of the same section," as used in this section, means and refers to a violation of the same numbered section of the Lindsay Municipal Code.
Chapter 1.16.020
Failure To Appear After Release On Bond Or Own Recognizance; Penalty; Presumption
Every person who is charged with the commission of an infraction who is released from custody on an appearance bond or on his or her own recognizance and who, in order to evade the process of the court, willfully fails to appear as required, is guilty of an infraction. It shall be presumed that a defendant who is cited to appear or who has been released upon his or her promise to appear and who fails to appear within fourteen days of the date assigned for his or her appearance, in so doing, intended to evade the process of the court. Any conviction of an infraction under this section shall be punishable by a fine in an amount which is set by resolution of the City Council. not to exceed two hundred, fifty dollars.
Chapter 1.18.040
Violations, Penalties And Enforcement
The city council of the city of Lindsay intends to secure compliance with the provisions of this code, and state codes specifically adopted by reference in the applicable chapters of this code. To the extent that such compliance may be achieved by less drastic methods of enforcement, the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense.
Notwithstanding any other provisions of this code, and state codes specifically adopted by reference in the applicable chapters of this code, each violation of the provisions of this code may be enforced alternatively as follows:
A. Misdemeanor: Unless otherwise specified in this code, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code, and state codes specifically adopted by reference in the applicable chapters of this code, may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by this code. Any person convicted of a misdemeanor under the provisions of this code, and state codes specifically adopted by reference in the December 13, 2022 Regular Meeting of the Lindsay City Council
applicable chapters of this code, shall be punished by a fine in an amount which is set by resolution of the City Council not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.
B. Infraction: In the alternative, with the concurrence of the city attorney, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code, and state codes specifically adopted by reference in the applicable chapters of this code, may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by this code. Unless otherwise set forth in this code, fines shall be assessed in amounts which are set by resolution of the City Council. specified as follows:
a. A fine not exceeding one hundred dollars ($100.00) for a first violation; b. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within twelve (12) months, or five hundred dollars ($500.00) for building and safety code violations;
c. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within twelve (12) months, or one thousand dollars ($1,000.00) for building and safety code violations.
Civil Action: The city attorney, or an attorney hired for such purposes by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this code, or state codes specifically adopted by reference in the applicable chapters of this code, as provided by law, and the city shall be entitled to its attorney fees and costs.
Administrative Citation: Upon a finding by the city official vested with the authority to enforce the various provisions of this code, or state codes specifically adopted by reference in the applicable chapters of this code, that a violation exists, he or she may issue an administrative citation under the provisions of this chapter.
Chapter 1.18.090
Hearing Officer
The city manager shall designate the hearing officer for the administrative citation hearing. The hearing officer shall not be a current Lindsay city employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.
December 13, 2022 Regular Meeting of the Lindsay City Council
Chapter 2.04.030
Regular Meetings
The regular meetings of the city council shall be held on the second and fourth Tuesday of each and every month at the city council chambers in the City Hall being situate on the north side of Honolulu Street between Mirage and Gale Hill A venues in the city.
The hour at which the meetings shall begin shall be six seven p.m.
The city council may adjourn regular meetings from time to time and the adjournment meetings shall be a part of the regular meetings.
Chapter 2.06.030
Duties And Responsibilities; Generally
In addition to those duties and responsibilities set out in Section 2.06.020. the city clerk shall have the duties and responsibilities which are not referred to with particularity in statutory form as follows:
A. Receive Documents Addressed to the City Council and to the City of Lindsay.
The city clerk shall receive all documents addressed to the city council and present the same to the council at its meetings, shall maintain a file of the same, and shall reply thereto as directed, and the city clerk shall prepare and send out all correspondence required or directed by the city council or members thereof pertaining to the business of the council or committees thereof.
B. Agenda and Council Chamber Preparation. The city clerk, in conjunction with the city manager, shall prepare the agenda of items to be considered at meetings, both regular and special, and shall make available all necessary facilities for the conduct of meetings at the council chambers or elsewhere.
C. Answer Citizen Inquiries. The city clerk, by telephone, correspondence or in person, shall answer citizen inquiries concerning the city and its business, wherein appropriate, and shall endeavor to assist all citizens in their quest for information.
D. Internal Administration of the City Clerk's Office. The city clerk shall prepare the city clerk department budget, maintain sufficient stocks of supplies and materials for fulfillment of city procedures, shall establish proceedings involving department personnel regulations, and shall handle all matters involving office December 13, 2022 Regular Meeting of the Lindsay City Council
machines and equipment.
E. Maintenance of Municipal Code Book. The city clerk shall maintain the municipal code of the city in a current and up-to-date form reflecting any and all ordinance changes, amendments or adoptions.
F. Maintenance of Calendar File. The city clerk shall maintain a file system so that he/she may advise city agencies, departments and department heads and the city council of expiration dates on agreements, leases, bonds, insurance policies, special permits, due dates when special action is required, franchises, due dates on payments, and so forth.
G. Issuance of Permits and Collection of Fees. The city clerk shall have charge of and shall collect all fees in connection with city services furnished to taxpayers and property owners and shall have charge of and shall collect the fees for business licenses and building permits and other fee impositions and shall issue any and all permits required by various municipal ordinances or regulations.
H. Secretary to Boards and Commissions. The city clerk shall be and act as secretary to all city boards and commissions, including specifically the city planning commission, and shall attend all meetings thereof and keep accurate records of the proceedings thereof.
I. Bond of City Clerk. Before entering upon the duties of his/her office, the city clerk shall execute a bond to the city in the manner and form provided for by the Government Code of the state. The penal sum of such bond shall be the in an amount which is set by resolution of the City Council. sum of two thousand dollars.
Chapter 3.12.150
Penalty For Violation
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine in an amount which is set by resolution of the City Council of not more than five hundred dollars or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.
Chapter 5.08.050
Penalty For Violation
December 13, 2022 Regular Meeting of the Lindsay City Council
Any person who violates any provisions of this chapter which are declared to be unlawful shall be guilty of an infraction and shall be punishable by a fine in an amount which is set by resolution of the City Council. in the amount of fifty dollars.
Chapter 5.36.080
Penalties And Violations
A. Violators of this chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citations and revocation structure:
1. Except as otherwise provided in this chapter, any violation of this chapter shall be subject to administrative fines in an amount which is set by resolution of the City Council. in the following amounts:
i. An administrative fine not exceeding one hundred dollar s ($100) for a first violation;
ii. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation; and iii. An administrative fine not exceeding five hundred dollar s ($500) for each additional violation within one (1) year of the first violation.
2. If any person violates any portion of this chapter and cannot present proof of a valid permit, the sidewalk vendor shall be assessed administrative fines in an amount which is set by resolution of the City Council. the following amounts:
i. An administrative fine not exceeding two hundred and fifty dollars ($250) for a first violation;
ii. An administrative fine not exceeding five hundred dollar s ($500) for a second violation within one (1) year of the first violation; and iii. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.
3. Upon proof of a valid permit issued by the City, the administrative fines for a second violation set forth in subsection (B) shall be reduced to the administrative fines set forth for a first violation in an amount which is set by resolution of the City Council. subsection (A).
B. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the California Government Code, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed.
December 13, 2022 Regular Meeting of the Lindsay City Council
C. Notwithstanding the foregoing, the City Manager, or City Council on appeal, may allow a person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition for violations of this subsection.
Chapter 6.04.040
Penalty For Violation
Any person violating this chapter or Chapter 4 of the Ordinance Code of the County of Tulare, or the provisions of an alternatively adopted code within the city limits shall be deemed guilty of an infraction and shall be punished by an amount which is set by resolution of the City Council.
A. A fine not exceeding fifty dollars for a first violation; B. A fine not exceeding one hundred dollars for a second violation of the same ordinance within one year;
C. A fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year.
Chapter 6.08.070
Penalty For Violation
Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine in an amount which is set by resolution of the City Council. of not less than ten dollars nor more than two hundred dollars. If any violation is continued, each day's violation shall be deemed a separate violation.
Chapter 8.05.220
Violation Of Smoking Or Posting
A. Any person who violates the prohibitions contained in Sections 8.05.050 through
8.05.170 of this chapter and any proprietor who violates Section 8.05.200 of this chapter by failing to post the signs or take the other actions required by this section may be prosecuted as an infraction, punishable in the manner hereinafter prescribed and/or may have his/her business license revoked.
December 13, 2022 Regular Meeting of the Lindsay City Council
B. Fines for the crimes made infractions by this section shall be levied in an amount which is set by resolution of the City Council. the amount prescribed. Any person, who violated any provisions of this chapter by smoking in a designated nonsmoking area, shall be guilty of an infraction, punishable by a fine in an amount which is set by resolution of the City Council. of fifty dollars for the first violation, and one hundred dollars for each subsequent violation. Any employer or proprietor, who violates any provisions of this chapter by failure to post required signs or by failure to request violation smokers to extinguish the lit object may be guilty of an infraction punishable by a fine in an amount which is set by resolution of the City Council. of one hundred dollars for the first violation, and two hundred fifty dollars for each subsequent violation and/or may have his/her business license revoked. Subsequent violations may be prosecuted as misdemeanors with fines in an amount which is set by resolution of the City Council. up to one thousand dollars and/or jail time of up to six months.
Chapter 8.05.230
Enforcement
A. Voluntary enforcement of and mandatory compliance with this chapter shall lie with the employer or proprietor of the establishment. An individual violating this chapter shall be requested by the employer or proprietor not to smoke and shall be made aware of the posted "No Smoking" signs. If the individual continues to violate this chapter, the employer or proprietor shall inform the individual they are guilty of an infraction of a city ordinance punishable by a fine in an amount which is set by resolution of the City Council.fifty-dollar fine for the first violation and one hundred dollars for each subsequent violation.
B. It shall be the responsibility of the public safety director to enforce, on behalf of the city, the provisions of this chapter. The public safety director shall be authorized to prosecute, in the name of the city, criminal action for the recovery of fines for violation of this chapter made infractions by Section 8.05.220 for violations of Sections 8.05.050 through 8.05.200 herein.
C. In the performance of the enforcement responsibilities assigned by this chapter, the chief of the police department shall:
1. Establish a telephone number through which all complaints by citizens relating to violation of this chapter may be directed or referred.
December 13, 2022 Regular Meeting of the Lindsay City Council
2. Reduce such complaints to writing, and analyze the frequency and volume thereof in relation to alleged violations of this chapter by or at particular establishments or facilities.
3. Conduct an on-site inspection of an establishment or facility with respect to which the nature and volume of complaints suggest long-standing and pronounced violations of any of the provisions of this chapter.
4. Provide to the owner, operator or manager of any such establishment or facility a copy of the provisions of this chapter and such advisory assistance to rectify future violations as may be necessary to achieve compliance with the provisions of this chapter.
5. Follow up such investigation and advice with a written directive explaining in detail the steps required in order to achieve further compliance with the provisions of this chapter.
6. If the violations do not cease following expiration of a reasonable period of time, request commencement of a criminal or civil proceeding by the city attorney pursuant to the provision of Section 8.05.250 of this chapter, or civil remedies listed below as may be appropriate to do one, some, or all of the following civil remedies:
i. Public Nuisance. Any continuing violation of the provisions of this chapter may be declared a public nuisance hereunder, and the city attorney may proceed to abate the same by filing a civil action on a court of competent jurisdiction.
ii. License Revocation. Any continuing violation of the provisions of this chapter by proprietors may be punishable by the city revoking his/her business license.
iii. Injunctive Relief. Any continuing violation of the provisions of this chapter by proprietors may be restrained by a temporary restraining order, preliminary and/or permanent injunction.
Chapter 8.12.210
Penalties
Any person who violates any provision of this chapter which is declared to be unlawful shall be guilty of a misdemeanor, subject to a penalty of imprisonment in the county jail December 13, 2022 Regular Meeting of the Lindsay City Council
for a term not exceeding six months, or by a fine in an amount which is set by resolution of the City Council not to exceed one thousand dollars for each violation, or both.
Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction. Any person convicted of an infraction under this chapter shall be punished by a fine in an amount which is set by resolution of the City Council.:
(1) a fine not exceeding fifty dollars for a first violation; (2) a fine not exceeding one hundred dollars for the second violation of this chapter within one year; and (3) a fine not to exceed two hundred fifty dollars for each additional violation of this chapter within one year.
Chapter 8.18.070
Fines For Violations
The owner of a shopping cart shall pay a fine, and there is hereby imposed upon such owner as a debt owing to the city in an amount which is set by resolution of the City Council.the sum of fifty dollars for each occurrence in excess of three occurrences during any six-month period for failure to retrieve shopping carts in accordance with Section 22435.7 of the Business and Professions Code of the State of California.
Chapter 8.20.110
Violation; Penalty
Each violation of the provisions of this chapter shall be deemed a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine in an amount which is set by resolution of the City Council not exceeding one thousand dollars or both. Upon recommendation of the prosecuting attorney, the court may reduce the charged offense from misdemeanor to an infraction punishable under Chapter 1.16 of this code.
Chapter 8.28.060
Penalty For Violation
Any violation of this chapter shall constitute a misdemeanor and shall be punishable by a fine in an amount which is set by resolution of the City Council not to exceed two hundred dollars for the first offense of this chapter, and by fine of five hundred dollars or imprisonment for not more than six months for any subsequent violation of this December 13, 2022 Regular Meeting of the Lindsay City Council
chapter.
Chapter 8.34.100
Enforcement
A. Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the city enforcement official or representative. Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations or the filing of lien on the subject property. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
C. Responsible Entity for Enforcement
1. Enforcement pursuant to this ordinance may be undertaken by the City Enforcement Official, which may be the city manager or their designated entity, code enforcement officer, legal counsel, or combination thereof.
D. Process for Enforcement
1. City Enforcement Officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring).
2. City may issue an official notification to notify regulated entities of its obligations under the ordinance.
3. For incidences where prohibited container contaminants are found in containers, the city will issue a Notice of Violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within five (5) days after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator’s containers on more than three (3) consecutive occasions, the city may assess contamination penalties on the generator.
December 13, 2022 Regular Meeting of the Lindsay City Council
4. With the exception of violations of generator contamination of container contents addressed under Section 17(d)(3), the city shall issue a Notice of Violation requiring compliance within 30 days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the requirements contained in this section.
Notices shall be sent to “owner” at the official address of the owner maintained by the city finance department or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
E. Penalty Amounts are dependent upon the type of violation for Types of Violations are and are in an amount which is set by resolution of the City Council. The penalty levels are as follows:
1. For a first violation, the amount of the base penalty shall be one hundred ($100) per violation. 2. The amount of the base penalty shall not exceed two hundred dollars ($200.00) for a second violation of the same ordinance within twelve (12) months. 3. The amount of the base penalty shall not exceed five hundred dollars ($500.00) for each additional violation of the same ordinance within twelve (12) months.
F. Factors Considered in Determining Penalty Amount
The following factors can be used to determine the amount of the penalty for each violation within the appropriate penalty amount:
1. The nature, circumstances, and severity of the violation(s).
2. The willfulness of the violator's misconduct.
3. Whether the violator took measures to avoid or mitigate violations of this chapter.
4. Evidence of any economic benefit resulting from the violation(s).
5. The deterrent effect of the penalty on the violator.
6. Whether the violation(s) were due to conditions outside the control of the violator.
G. Compliance Deadline Extension Considerations The city may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with December 13, 2022 Regular Meeting of the Lindsay City Council
Section 10 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.
2. Delays in obtaining discretionary permits or other government agency approvals; or,
3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
H. Appeals Process Appeal process of citations issued is identified in Title 1, Section
1.18.100, Appeal of Administrative Citation of the Lindsay Municipal Code.
I. Education Period for Non-Compliance Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, type of regulated entity, to determine compliance, and if the city determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
J. J. Civil Penalties for Non-Compliance Beginning January 1, 2024, if the city determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 10, as needed.
Chapter 9.28.080
Penalty
Any person violating any of the provisions of Sections 9.28.030, 9.28.040 and 9.28. 050 shall be guilty of an infraction and shall be punished by a fine in an amount which is set by resolution of the City Council. of not less than fifty dollars nor more than two hundred fifty dollars.
Chapter 9.48.030
Penalty For Violation
December 13, 2022 Regular Meeting of the Lindsay City Council
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in an amount which is set by resolution of the City Council of not more than five hundred dollars or by imprisonment for not more than six months, or by both fine and imprisonment. Each day during any portion of which any violation of this chapter is committed, continued or permitted is deemed a separate offense, and shall be punishable as such.
Chapter 10.04.190
Violation; Penalty
1. Violation of any of the provisions of this chapter shall be unlawful and constitute an infraction. Any person convicted of violating any provision of this chapter shall be punished by a fine in an amount which is set by resolution of the City Council.
1. A fine not exceeding fifty dollars for a first violation;
2. A fine not exceeding one hundred dollars for a second violation of the same section within one year;
3. A fine not exceeding two hundred fifty dollars for each additional violation of the same section within one year.
2. The phrase "violation of the same section" as used in this section means and refers to a violation of the same numbered section of the Lindsay Municipal Code.
Chapter 10.08.050
Penalty For Violation
1. It is unlawful for any person to violate any provision or to fail to comply with its terms and provisions of this chapter.
2. Any person violating any provisions or failing to comply with any provisions of this chapter is guilty of a misdemeanor.
3. Any person convicted of a misdemeanor for violating any provisions or failing to comply with this chapter shall be punishable by a fine in an amount which is set by resolution of the City Council of not more than five hundred dollars, or by imprisonment in the county or city jail not exceeding six months, or by both such fine and imprisonment.
Chapter 10.10.120
Enforcement And Penalties
December 13, 2022 Regular Meeting of the Lindsay City Council
For purposes of insuring that applicable developments comply with the provisions of this chapter, the city shall, following written notice to the employer, initiate enforcement action(s) against the employer which may include, but not be limited to:
1. Withholding the issuance of a building permit or certificate of use and occupancy.
2. Issuance of a stop work order. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of the chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in an amount which is set by resolution of the City Council not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person and shall be punishable therefor as provided for in this chapter.
Chapter 12.24.130
Penalty For Violation
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in an amount which is set by resolution of the City Council not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by the person, and shall be punishable therefor as provided for in this chapter.
Chapter 13.04.345
City Water Conservation Plan
The City Council has adopted by Resolution its Water Conservation Plan which sets forth water conservation phases and conservation measures including mandatory restrictions on water usage by property owners and water consumers and prohibitions concerning misuse of water. Violation of the measures in effect, currently and as may be amended by Resolution from time-to-time, pursuant to the applicable phase of Water Conservation December 13, 2022 Regular Meeting of the Lindsay City Council
Plan, shall be enforceable as set forth per any applicable remedy provisions in this Municipal Code, including but not limited to Section 1.16 and 13.04.340. Additionally, the City may strictly enforce the water conservation program by issuing citations in amounts which is set by resolution of the City Council. of $50.00 for the first cited violation, $100.00 for the second cited violation within a 12-month period, and $250.00 for any subsequent cited violation within a 12 month period. Monetary citations issued may be collected via the monthly utility bill. The City's Water Conservation Plan is deemed to be the City's "Water Shortage Contingency Plan" to the extent applicable by State law.
Chapter 14.02.060
Penalties For Violations
Any person, violating any of the provisions of this title, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine in an amount which is set by resolution of the City Council of not more than one thousand dollars ($1,000.00) or by the imprisonment in the County of Tulare jail for not more than six months, or both such fine and imprisonment. The city attorney or his/her designee will have the discretion to reduce said violation to an infraction. The penalty for an infraction shall be a fine in an amount which is set by resolution of the City Council of a maximum of two hundred fifty dollars ($250.00) per violation.
Chapter 14.03.160
Penalty
1. Any person violating the provisions of this title shall be guilty of a misdemeanor and subject to penalties.
2. Notwithstanding the classification of a violation of this title as a misdemeanor, at the time an action is commenced to enforce the provisions of this title, the trial court, upon recommendation of the prosecuting attorney, may reduce the charge of the offense from a misdemeanor to an infraction pursuant to Section 19(c) of the California Penal Code.
3. Operation of vehicles in parks. The City will strictly enforce no operation or parking of vehicles in parks or recreation areas, except as noted in Section 14.03.030. Per Title 1, General Provisions of the Municipal Code of the City of Lindsay, Chapter 1.16, General Penalty, Section 1.16.010, Penalty for Code Violations, and shall be subject to a fine in an amount which is set by resolution of the City Council. the following amounts will be enforced:
1. First Violation Fine, $50.00
2. Second Violation Fine, $100.00
3. Third Violation Fine, $250.00
December 13, 2022 Regular Meeting of the Lindsay City Council
Chapter 17.40.020
Penalty For Violation
Any offer to sell, contract to sell, sale or deed of conveyance made contrary to the provisions of this title is a misdemeanor, and any person, firm or corporation, upon conviction thereof shall be punishable by a fine in an amount which is set by resolution of the City Council of not more than five hundred dollars, or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
All other remaining code sections in chapters one (1) through eighteen (18) 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.
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, December 13, 2022 Regular Meeting of the Lindsay City Council
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 sixty (60) 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 __________________ 2023.
CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Mayor
ATTEST:
____________________________________
Francesca Quintana, City Clerk
December 13, 2022 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
Juana Espinoza, Director of Finance
DEPARTMENT: City Manager & Finance
ITEM NO.: 12.2
MEETING DATE: December 13, 2022
ACTION & RECOMMENDATION
Consider the Approval of Resolution 22-65, A Resolution of the City Council of the City of Lindsay Adopting a New Citywide Fee Schedule as a Part of the User Fee Study and Cost Allocation Plan Reports, Establishing and Amending Municipal Fees and Charges for Various Municipal Services, and Repealing all other Resolutions Relative to Municipal Fees and Charges Thereto.
Staff recommends that the Council pass and adopt Resolution 22-65 and implement the new fees sixty (60) days post public hearing adoption in time for the upcoming developments within the City.
BACKGROUND | ANALYSIS
On August 26, 2021, the State Auditor issued Report 2020-804 regarding the City of Lindsay which was conducted as part of the high-risk local government agency audit program. In Report 2020-804, the State Auditor issued a number of findings and required the City of Lindsay to submit a Corrective Action Plan by November 2021. On November 09, 2021, the Lindsay City Council adopted the City of Lindsay Corrective Action Plan via Resolution 21-48. The User Fee Study and Cost Allocation Plan were conducted directly in response to State Auditor Report 2020-804.
To ensure the revenues produced by user fees are sufficient to defray the cost of providing municipal services and activities and that they do not exceed the estimated reasonable cost of providing such services, the City must periodically review its user fees and charges.
On December 22, 2021, the City released a Request for Proposal (“RFP”) for a Full Cost Allocation Plan and Comprehensive Citywide Fee Study. On February 22, 2022, the City Council awarded the contract to Willdan Financial Services.
Upon execution of all final agreements, on March 21, 2022, City Staff and Willdan Financial Services began evaluating the City’s current fee structure and charges and conducted a comprehensive analysis and study of the City’s activities and services, the costs of providing those services and activities, the beneficiaries of those services, and the revenues produced by those paying fees and charges for such services and activities.
The results and findings of said analysis and cost allocation study are detailed in the attached final reports issued by Willdan. The proposed fee schedule within the User Fee Study Report represent the reasonable December 13, 2022 Regular Meeting of the Lindsay City Council
costs incurred by the City in providing the listed services and activities. The report does not include any fee recommendations that exceed the City’s cost of providing those related services and activities.
Staff brings forward Resolution 22-65 for adoption by the Lindsay City Council at this time to ensure the revenues produced by user fees are sufficient to defray the cost of providing such services and do not exceed the estimated reasonable cost of providing such services. It is important to emphasize that any user fees that are set to less than 100% cost recovery are subsidies that must be covered by another revenue source, and in most instances by the General Fund.
FISCAL IMPACT
The fiscal impact of adopting the user fees will be scaled to the use of those programs and services; revenues will be allocated to the fund and department providing those related services and activities.
ATTACHMENTS
• Public Hearing Notice Proof
• Cost Allocation Plan Report
• User Fee Study Report
• Willdan Financial Services Presentation
• Resolution 22-65
December 13, 2022 Regular Meeting of the Lindsay City Council
December 13, 2022 Regular Meeting of the Lindsay City Council
Cost Allocation Plan
City of Lindsay, CA
December 13, 2022 Regular Meeting of the Lindsay City Council
i Cost Allocation Plan
Table of Contents
Table of Contents ........................................................................................................................................... i List of Tables ................................................................................................................................................. ii Certification of Cost Allocation Plan ............................................................................................................. 1 Executive Summary ....................................................................................................................................... 2 Introduction .................................................................................................................................................. 5 Approach ....................................................................................................................................................... 6 Methodology ............................................................................................................................................................. 6 Applications ............................................................................................................................................................... 7 OMB Super Circular and 2 CFR Part 200 .................................................................................................................... 7 Central Service Departments ..................................................................................................................................... 8 Distribution Bases ...................................................................................................................................................... 9 Allocable Costs and Distribution Bases ....................................................................................................... 10 Allocable Costs ........................................................................................................................................................ 10 Central Service Allocation Methodology ................................................................................................................. 11 Section 1: City Attorney ...................................................................................................................................... 11 Section 2: City Council ......................................................................................................................................... 11 Section 3: City Manager ...................................................................................................................................... 12 Section 4: Finance ............................................................................................................................................... 12 Section 5: Non-Departmental ............................................................................................................................. 13 Iterative Allocation .................................................................................................................................................. 14 Appendix A .................................................................................................................................................. 15 Appendix B .................................................................................................................................................. 19 December 13, 2022 Regular Meeting of the Lindsay City Council
ii Cost Allocation Plan
List of Tables
Table 1: Allocated Costs to Recipient Departments (OMB Compliant CAP) ................................................. 3 Table 2: Allocated Costs to Recipient Departments (Full CAP) ..................................................................... 4 Table 3: Allocable Cost Summary ................................................................................................................ 10 Table A-1: Initial Allocation Percentages (OMB Compliant CAP) ................................................................ 16 Table A-2: Final Allocation Percentages (OMB Compliant CAP) ................................................................. 17 Table A-3: Final Allocation Amounts (OMB Compliant CAP) ...................................................................... 18 Table B-1: Final Allocation Amounts (Full CAP) .......................................................................................... 20 December 13, 2022 Regular Meeting of the Lindsay City Council
1 Cost Allocation Plan
Certification of Cost Allocation Plan
This is to certify that I have reviewed the cost allocation plan submitted herewith and to the best of my knowledge and belief:
(1) All costs included in this proposal 11/22/2022 to establish cost allocations or billings for Fiscal Year 2022 – 2023 are allowable in accordance with the requirements of this Part and the Federal award(s) to which they apply. Unallowable costs have been adjusted for in allocating costs as indicated in the cost allocation plan.
(2) All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the Federal awards to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently.
I declare that the foregoing is true and correct.
Governmental Unit: City of Lindsay
Signature: ___________________________________________________________________ Name of Official: ___________________________________________________________________ Title: ___________________________________________________________________ Date of Execution: ___________________________________________________________________ December 13, 2022 Regular Meeting of the Lindsay City Council
2 Cost Allocation Plan
Executive Summary
This cost allocation plan (“CAP”) summarizes a comprehensive analysis that has been completed for the City of Lindsay, California (the “City”) to determine the appropriate allocation of cost between the City’s departments. The primary objective of this Plan is to allocate costs from departments that provide services internally (“Central Service Departments”) to operating departments that conduct the day-to-day operations necessary to serve the community (“Operating Departments”). The costs, also known as internal service costs, typically represent (a) costs incurred for a common or joint purpose benefiting more than one cost objective, and (b) costs not readily assignable to the objectives specifically benefitted, without disproportionate effort to the results achieved. The term "indirect costs," as used herein, applies to costs of this type that originate in the central service departments.
To ensure central service department costs are appropriately allocated to the operating departments, Willdan analyzed the City’s cost code structure to determine which types of costs are allowable versus unallowable in accordance with standard and accepted cost allocation principles. The term “allocable costs” as used herein, applies to costs that are allowable for allocation.
The study is comprised of two separate allocation plans. Table 1 is the summary results of the allocation in compliance with the guidelines of the Office of Management and Budget Super Circular (the OMB Super Circular) and Code of Federal Regulations Part 200 (Cost Principles). Table 2 is the summary results of the full plan. The report also includes descriptions of the differences between the two plans, their separate purposes, and specific details of when the plans deviate from each other.
December 13, 2022 Regular Meeting of the Lindsay City Council
3 Cost Allocation Plan
Table 1: Allocated Costs to Recipient Departments (OMB Compliant CAP) Allocated Cost Summary Fiscal Year 2022-2023
Direct Cost Base
Operating Department / Division / Fund Total Allocation Modified Total
Direct Cost
Indirect Cost
Rate
$844,783 $10,237,532 8%
Operating Department
101: ASSET FORFEITURE $682 $10,000 7%
101: CITY SERVICES $53,240 $677,393 8%
101: COM DEV $37,961 $417,560 9%
101: HCD AGREEMENT SEPT 2020 $0 $0
101: LFA 2012 REVNU BOND-MCD $0 $0
101: LIBRARY LANDSCAPE DEBT $0 $0
101: PARKS $21,104 $233,169 9%
101: PUBLIC SAFETY $305,247 $3,600,999 8%
101: STREETS $26,482 $287,854 9%
200: STREET IMPROVEMENT FUND $0 $0
260: SB1 ROAD MAINTENANCE & REHAB $0 $0
261: GAS TAX FUND $25,221 $312,303 8%
263: TRANSPORTATION $14,493 $160,238 9%
266: LTF-ART 8 STREETS & ROADS $0 $0
306: - COVID-19 ARPA FUND $8,175 $86,629 9%
400: WELLNESS CENTER $78,710 $896,182 9%
460: STATE PARKS $1,706 $25,000 7%
552: WATER $123,409 $1,618,723 8%
553: SEWER $68,966 $857,729 8%
554: REFUSE $66,478 $888,523 7%
556: VITA-PAKT $4,147 $47,879 9%
660: RDA OBLIGATION RETIREMENT $0 $0
700: CDBG REVOLVING LN FUND $2,441 $30,250 8%
720: HOME REVOLVING LN FUND $2,851 $36,250 8%
781: CAL HOME RLF $171 $2,500 7%
883: SIERRA VIEW ASSESSMENT $1,071 $15,700 7%
884: HERITAGE ASSESSMENT DIST $259 $3,800 7%
886: SAMOA $171 $2,500 7%
887: SWEETBRIER TOWNHOUSES $464 $6,796 7%
888: PARKSIDE $210 $3,077 7%
889: SIERRA VISTA ASSESSMENT $163 $2,395 7%
890: MAPLE VALLEY ASSESSMENT $184 $2,700 7%
891: PELOUS RANCH $777 $11,384 7%
December 13, 2022 Regular Meeting of the Lindsay City Council
4 Cost Allocation Plan
Table 2: Allocated Costs to Recipient Departments (Full CAP) Allocated Cost Summary Fiscal Year 2022-2023
Direct Cost Base
Operating Department / Division / Fund Total Allocation Modified Total
Direct Cost
Indirect Cost
Rate
$974,783 $10,237,532 10%
Operating Department
101: ASSET FORFEITURE $760 $10,000 8%
101: CITY SERVICES $60,926 $677,393 9%
101: COM DEV $44,471 $417,560 11%
101: HCD AGREEMENT SEPT 2020 $0 $0
101: LFA 2012 REVNU BOND-MCD $0 $0
101: LIBRARY LANDSCAPE DEBT $0 $0
101: PARKS $24,707 $233,169 11%
101: PUBLIC SAFETY $353,765 $3,600,999 10%
101: STREETS $31,078 $287,854 11%
200: STREET IMPROVEMENT FUND $0 $0
260: SB1 ROAD MAINTENANCE & REHAB $0 $0
261: GAS TAX FUND $28,998 $312,303 9%
263: TRANSPORTATION $16,965 $160,238 11%
266: LTF-ART 8 STREETS & ROADS $0 $0
306: - COVID-19 ARPA FUND $9,628 $86,629 11%
400: WELLNESS CENTER $91,730 $896,182 10%
460: STATE PARKS $1,900 $25,000 8%
552: WATER $140,462 $1,618,723 9%
553: SEWER $79,233 $857,729 9%
554: REFUSE $75,403 $888,523 8%
556: VITA-PAKT $4,823 $47,879 10%
660: RDA OBLIGATION RETIREMENT $0 $0
700: CDBG REVOLVING LN FUND $2,807 $30,250 9%
720: HOME REVOLVING LN FUND $3,263 $36,250 9%
781: CAL HOME RLF $190 $2,500 8%
883: SIERRA VIEW ASSESSMENT $1,193 $15,700 8%
884: HERITAGE ASSESSMENT DIST $289 $3,800 8%
886: SAMOA $190 $2,500 8%
887: SWEETBRIER TOWNHOUSES $517 $6,796 8%
888: PARKSIDE $234 $3,077 8%
889: SIERRA VISTA ASSESSMENT $182 $2,395 8%
890: MAPLE VALLEY ASSESSMENT $205 $2,700 8%
891: PELOUS RANCH $865 $11,384 8%
December 13, 2022 Regular Meeting of the Lindsay City Council
5 Cost Allocation Plan
Introduction
In the early 1970s, the cost allocation plan concept was introduced to many government agencies. The purpose of a typical cost allocation plan is to identify costs related to rendering internal central support services and allocate those costs to operating departments or programs that utilize and benefit from their support, in a fair and equitable manner.
Before indirect costs and central support service charges may be claimed for reimbursement from an operating department, there must be some formal means of identifying, accumulating, and distributing these types of costs to all benefiting operating departments. The best method of accumulating, identifying, and determining a distribution of indirect costs is a cost allocation plan.
A City is made up of many departments, each with their own specific purposes or functions. Departments whose primary function is to provide support internally to other City departments are called central services.
Examples of central services are City Manager, Finance, and City Council. Within these departments there are numerous functions performed that provides support to the operating departments also referred to as direct cost centers. The direct cost centers, or departments and funds, that require support from Central Services and provide services directly to the community through their day-to-day operations, are called operating departments. Examples of operating departments are Community Development, Public Safety, Streets, and Parks. The Cost Allocation Plan allocates the costs of the central services to the operating departments based on the nature of the functions of each central service, upon which the operating departments depend. This is done to determine the total cost associated with providing direct services necessary to serve the Lindsay community. The goal of the cost allocation plan process is to allow cities to allocate eligible central service costs to the operating departments, thus 1) accounting for “all” costs, direct and indirect, for each operating department, and 2) facilitating the calculation of a fully burdened cost estimate of providing services to the public.
The purpose of this study is to:
1. Identify the central support and operating departments in the City;
2. Identify the functions and services provided by the central departments;
3. Identify allocable and non-allocable costs associated with the City’s central service departments; and
4. Distribute those costs to operating entities in a fair and equitable manner.
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6 Cost Allocation Plan
Approach
Methodology
The way in which each Indirect Service provides support to the operating departments is determined in order to perform allocations in a manner consistent with the nature of that Indirect Service. This ensures that the costs can be allocated to each operating department in a fair and equitable way. The Cost Allocation Plan identifies the functions of each central service department, and then determines a methodology to allocate or spread the central service costs in a manner that best represents the nature of those functions.
The mathematical representations of central service functions used to allocate indirect costs are commonly called distribution bases. A distribution basis is a set of data displayed as the level of measure of each department’s participation in a specific activity or City function. This basis is then used to distribute costs that reasonably relate to the activity or City function that the basis represents. Some examples of distribution bases are salary and benefits costs, number of full-time equivalent employees, total revenue, City Hall square footage, and number of IT devices. The data sets associated with these distribution bases for each department is collected to facilitate the allocation of indirect costs.
The methodology used for this Cost Allocation Plan is the iterative method, which is one of the most equitable and accurate methods for allocating costs from central services to operating departments. The iterative method utilizes a recursive application of central service cost distribution to allocate indirect costs.
In the first step, the allocable costs of central service departments are identified and distributed to all departments including the central service departments themselves, based on the appropriate allocation bases that were selected to represent the manner in which central services are utilized. This is repeated ad infinitum until all costs have been distributed to the operating departments, and none remain with the central service departments.
As an example, consider the allocation of central service costs associated with City Manager. The function of the department of the City Manager is identified, and the appropriate distribution basis is determined to be modified total direct cost and total full-time equivalent personnel per department and fund. The allowable costs are then distributed to all City departments and funds based on their proportional share of the total full-time equivalent personnel and modified total direct cost, including other central services. The costs allocated from central service to central service in the initial allocation are then allocated out using the same distribution methodology. This function is performed as many times as necessary until all costs for City Manager have been allocated.
All central service departments are treated equally. That is to say, this method is performed concurrently for the allowable costs in each of the central service departments for each iteration until all costs associated with the central service departments have been allocated to each direct service department. The method is complete when the total amount of allocable costs remaining in the central service departments is equal to zero (see Table A-1 and A-2).
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7 Cost Allocation Plan
Applications
Public agencies use cost allocation plans for many purposes such as internal accounting, the justification of user fees, application for reimbursement from federal programs or the determination of administrative effort associated with special districts and/or municipal service activities. In many of these cases, the agency will be required to certify that the costs identified are “reasonable”. Per the Code of Federal Regulations, a cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. The question of reasonableness is particularly important when determining the amount that a public agency should be reimbursed for central service overhead activities associated with a federally funded program. Additionally, public agencies should consider special care to only identify the portion of central service costs that have not been reimbursed through other means (such as grants, user fee revenues, transfers from other departments or internal service funds) to avoid double-counting. These cost reductions are done before the allocation methodologies are used and are detailed within the model itself.
OMB Super Circular and 2 CFR Part 200
This report details the allocations for two separate cost allocation plans. The primary model, presented in text and tables in the below sections and in Appendix A, provides a plan that complies with the Office of Management and Budget Super Circular (the OMB Super Circular) and CFR Part 200 (Cost Principles) that are used to determine central overhead costs incurred while carrying out activities associated with Federal awards, cost reimbursement contracts and some other intergovernmental agreements (as required). The secondary model presented in Appendix B of this report is the full cost allocation plan, which the City should use for standard City operations and budgeting. Unless otherwise indicated, the details of this report and Appendix A contain the OMB compliant allocation plan. The Appendix B tables contain the full cost plan and utilize the same distribution methodology as the OMB Compliant plan. While the overall methodology used for both plans is the same, there are specific guidelines that require additional cost exemptions for OMB Super Circular compliance outside of what was done for the full cost plan. Where such exemptions are done in the methodology has been explained below. Some commonly encountered examples that are usually exempt under OMB Super Circular guidelines are:
General Advertising
Bad Debt
Contingencies
Litigation
Debt Service
Entertainment
Capital
Lobbying
Legislative Body (City Council)
Promotional Items
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8 Cost Allocation Plan
Central Service Departments
Five (5) central service functions were identified for the purposes of this cost allocation plan:
City Attorney
City Council
City Manager
Finance
Non-Departmental or costs not readily assignable to a single central service department, for example City Sponsored community events.
December 13, 2022 Regular Meeting of the Lindsay City Council
9 Cost Allocation Plan
Distribution Bases
Distribution bases are the allocation factors that may be used to distribute the allocable costs to all departments and funds. As discussed previously, distribution bases are measurable and readily available data that are utilized to represent activities or functions, and which are then used to distribute costs matching that activity or function. Below are the bases that were analyzed in this study and used to allocate Central Services costs to operating departments and their definitions. FTEs – The total number of full-time equivalent personnel for all positions for each department and fund.
Modified Total Direct Cost – The total allowable expenditure budgeted for each department and fund for fiscal year 2022-23 which excludes capital, debt, and transfers.
December 13, 2022 Regular Meeting of the Lindsay City Council
10 Cost Allocation Plan
Allocable Costs and Distribution Bases
Allocable Costs
Table 3 identifies the allocable cost of each central service department for the OMB compliant allocation plan, with the total allocable costs for this study being $844,783. The total expenditures from the central service departments were $974,783 However, $130,000 of the expenditures were identified as unallowable by the 200 CFR Part 200 and have been excluded from allocation. Excluded expenditures for the OMB compliant plan pertained to:
City Council expenditures
Citywide community events – within Non-Departmental
Membership to State lobbying organizations – within City Manager The exclusions were related to City Council, lobbying, citywide advertising and promotion, and contingency costs. The remaining amount was distributed to the operating departments and the central services departments by distribution factor(s) that best represents the functions of each central service department and the demand placed on that central service by all City departments, as previously described in the Methodology section of this report. The allocation methodology for each central service is detailed in the following section of this report.
Table 3: Allocable Cost Summary
* As approved by Resolution 22-33 A Resolution of the City Council of the City of Lindsay Adopting the Fiscal Year 2022-2023 Operating Budget and the Fiscal Years 2023-2027 Five Year Capital Improvement Plan.
Allocable Cost Summary - Central Services Fiscal Year 2022-2023 Total Cost
Unallocable
Cost Allocable Cost
Summary $ 974,783 $ 130,000 $ 844,783
Central Service
101: CITY ATTORNEY 90,000 - 90,000
101: CITY COUNCIL 69,000 69,000 -
101: CITY MANAGER 214,210 31,000 183,210
101: FINANCE 254,393 - 254,393
101: NON-DEPARTMENTAL 347,180 30,000 317,180
December 13, 2022 Regular Meeting of the Lindsay City Council
11 Cost Allocation Plan
Central Service Allocation Methodology
The first step of the iterative allocation method is to distribute the allocable costs of the central service departments to other central service departments and operating departments based on the distribution methodology and bases that best represent the activity of the central service, and the functions it serves.
The sections below describe each central service and the methodology used to allocate their costs.
Corresponding tables detailing each distribution are attached in the Appendices as tables A-1 through A-3 for the OMB compliant plan and B-1 for the full cost plan.
Section 1: City Attorney
Allocation Method
Based on the assessment of the functions of the City Attorney, it is reasonable to distribute the allocable cost by using the method(s) described below.
Fifty percent (50%) of the allocable cost was allocated based on the amount of modified total direct costs of each department and fund.
Fifty percent (50%) of the allocable cost was allocated based on the total FTEs for each department and fund.
Section 2: City Council
The City Council represents the will of Lindsay residents and is collectively responsible for crafting policy as well as authorizing the expenditure of funds to achieve said will as a governing body. Under the CouncilManager form of government, the Council consists of five council members elected at large in staggered four-year terms. The Council's duties include but are not limited to: providing the residents of Lindsay with essential services such as public safety, clean drinking water and drivable roads; overseeing and authorizing spending for essential municipal services; participating in regional organizations, boards, and committees; making provisions for, budgeting for, and providing adequate financial resources and physical facilities for a full range of quality City services and activities that equitably provide for the quality of life for all economic, social, ethnic and age groups within the City; and ensuring the overall well-being of the City.
Allocation Method
Based on the assessment of duties of the City Council, it is reasonable to distribute the allocable cost by using the method(s) described below.
Fifty percent (50%) of the allocable cost was allocated based on the amount of modified total direct costs of each department and fund.
101: CITY ATTORNEY
Modified Total Direct Cost 50%
Total FTEs 50%
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12 Cost Allocation Plan
Fifty percent (50%) of the allocable cost was allocated based on the total FTEs for each department and fund.
For the OMB plan the costs of City Council are not allocated to ensure OMB compliance.
Section 3: City Manager
The City of Lindsay operates on the Council-Manager system of local government. This system combines the political leadership of elected officials in the form of the Council, with the strong managerial experience of the appointed City Manager. The City Manager provides executive direction and oversight of City operations, ensuring that City government responds in a timely and effective manner to constituent needs, and that City management and staff work collaboratively to address the issues and concerns of the community. The City Manager directly supervises all City Department Directors. The City Manager ensures that departments are operating at optimal capacity to best serve the residents of the community.
The City Manager’s Office staff includes the City Clerk & Assistant to the City Manager, the Human Resources Manager, the Executive Assistant/Deputy City Clerk, designated support staff, and selected Interns.
Allocation Method
Based on the assessment of duties of the City Manager, it is reasonable to distribute the allocable cost by using the method(s) described below.
Fifty percent (50%) of the allocable cost was allocated based on the amount of modified total direct costs of each department and fund.
Fifty percent (50%) of the allocable cost was allocated based on the total FTEs for each department and fund.
Section 4: Finance
The Finance department is responsible for general ledger accounting, banking and investment, debt management, governmental accounting and reporting, accounts payable and accounts receivable, and utility billing.
101: CITY COUNCIL
Modified Total Direct Cost 50%
Total FTEs 50%
101: CITY MANAGER
Modified Total Direct Cost 50%
Total FTEs 50%
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13 Cost Allocation Plan
Allocation Method
Based on the assessment of the functions of the Finance Department, it is reasonable to distribute the allocable cost by using the method(s) described below.
One hundred percent (100%) of the allocable cost was allocated based on the amount of modified total direct costs of each department and fund.
Section 5: Non-Departmental
The purpose of the Non-Departmental categorization is to accumulate those costs not easily associated with a particular cost center and to monitor certain expendable costs more easily for savings and control purposes.
Allocation Method
Based on the assessment of the functions of Non-Departmental, it is reasonable to distribute the allocable cost by using the method(s) described below.
One hundred percent (100%) of the allocable cost was allocated based on the amount of modified total direct costs of each department and fund.
101: FINANCE
Modified Total Direct Cost 100%
101: NON-DEPARTMENTAL
Modified Total Direct Cost 100%
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14 Cost Allocation Plan
Iterative Allocation
The total allocable expenditures of each central service department were allocated to other departments (including both operating departments and other central service departments) based on the individual methodologies outlined above in Sections 1 through 5 of the Allocation Percentages chapter. Any cost allocated from central service to central service is then reallocated out using the same methodology. This operation is done iteratively until all allocable cost is received by the operating departments and funds, and none remain with the central services. After completion of the iterative allocation method, a total combined allocable cost of $844,783 was distributed to all departments and funds until the allocable cost remained only in the operating departments and funds, and the amount of allocable costs remaining in central service departments was equal to zero.
The full cost plan follows the same methodology with the exception that all disallowed costs that were excluded solely for OMB compliance, but were reasonable for the full plan, were made allowable and included in the allocation. See Table B-1 for additional details for the full cost plan.
After implementing the iterative allocation methodology, all allocable central service costs have been distributed to the operating departments and funds. Table 1 in the Executive Summary of this report summarized the distribution of the total allocable cost of $844,783 to each recipient department for the OMB compliant CAP. Table 2 summarized the distribution of the total allocable cost of $974,783 to each recipient department for the full cost CAP.
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15 Cost Allocation Plan
Appendix A
Appendix A lists the tables detailing the allocation methodology performed in allocating central service costs for the OMB Compliant cost allocation plan.
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16 Cost Allocation Plan
Table A-1: Initial Allocation Percentages (OMB Compliant CAP) Central Service/Operating Departments 101: CITY ATTORNEY 101: CITY COUNCIL 101: CITY MANAGER 101: FINANCE 101: NON- DEPARTMENTAL 101: CITY ATTORNEY 0.4% 0.4% 0.4% 0.8% 0.8%
101: CITY COUNCIL 0.3% 0.3% 0.3% 0.6% 0.6%
101: CITY MANAGER 1.6% 1.6% 1.6% 1.9% 1.9%
101: FINANCE 1.9% 1.9% 1.9% 2.3% 2.3%
101: NON-DEPARTMENTAL 1.5% 1.5% 1.5% 3.1% 3.1%
101: ASSET FORFEITURE 0.0% 0.0% 0.0% 0.1% 0.1%
101: CITY SERVICES 5.4% 5.4% 5.4% 6.0% 6.0%
101: COM DEV 5.0% 5.0% 5.0% 3.7% 3.7%
101: HCD AGREEMENT SEPT 2020 0.0% 0.0% 0.0% 0.0% 0.0%
101: LFA 2012 REVNU BOND-MCD 0.0% 0.0% 0.0% 0.0% 0.0%
101: LIBRARY LANDSCAPE DEBT 0.0% 0.0% 0.0% 0.0% 0.0%
101: PARKS 2.8% 2.8% 2.8% 2.1% 2.1%
101: PUBLIC SAFETY 35.9% 35.9% 35.9% 32.1% 32.1%
101: STREETS 3.6% 3.6% 3.6% 2.6% 2.6%
200: STREET IMPROVEMENT FUND 0.0% 0.0% 0.0% 0.0% 0.0%
260: SB1 ROAD MAINTENANCE & REHAB 0.0% 0.0% 0.0% 0.0% 0.0% 261: GAS TAX FUND 2.7% 2.7% 2.7% 2.8% 2.8%
263: TRANSPORTATION 1.9% 1.9% 1.9% 1.4% 1.4%
266: LTF-ART 8 STREETS & ROADS 0.0% 0.0% 0.0% 0.0% 0.0% 306: - COVID-19 ARPA FUND 1.1% 1.1% 1.1% 0.8% 0.8%
400: WELLNESS CENTER 9.8% 9.8% 9.8% 8.0% 8.0%
460: STATE PARKS 0.1% 0.1% 0.1% 0.2% 0.2%
552: WATER 11.5% 11.5% 11.5% 14.4% 14.4%
553: SEWER 7.3% 7.3% 7.3% 7.6% 7.6%
554: REFUSE 5.9% 5.9% 5.9% 7.9% 7.9%
556: VITA-PAKT 0.5% 0.5% 0.5% 0.4% 0.4%
660: RDA OBLIGATION RETIREMENT 0.0% 0.0% 0.0% 0.0% 0.0% 700: CDBG REVOLVING LN FUND 0.3% 0.3% 0.3% 0.3% 0.3%
720: HOME REVOLVING LN FUND 0.3% 0.3% 0.3% 0.3% 0.3%
781: CAL HOME RLF 0.0% 0.0% 0.0% 0.0% 0.0%
883: SIERRA VIEW ASSESSMENT 0.1% 0.1% 0.1% 0.1% 0.1%
884: HERITAGE ASSESSMENT DIST 0.0% 0.0% 0.0% 0.0% 0.0%
886: SAMOA 0.0% 0.0% 0.0% 0.0% 0.0%
887: SWEETBRIER TOWNHOUSES 0.0% 0.0% 0.0% 0.1% 0.1%
888: PARKSIDE 0.0% 0.0% 0.0% 0.0% 0.0%
889: SIERRA VISTA ASSESSMENT 0.0% 0.0% 0.0% 0.0% 0.0%
890: MAPLE VALLEY ASSESSMENT 0.0% 0.0% 0.0% 0.0% 0.0%
891: PELOUS RANCH 0.1% 0.1% 0.1% 0.1% 0.1%
Central Service Departments
December 13, 2022 Regular Meeting of the Lindsay City Council Page 179 17 Cost Allocation Plan
Table A-2: Final Allocation Percentages (OMB Compliant CAP) Central Service/Operating Departments 101: CITY ATTORNEY 101: CITY COUNCIL 101: CITY MANAGER 101: FINANCE 101: NON- DEPARTMENTAL 101: CITY ATTORNEY 0.0% 0.0% 0.0% 0.0% 0.0%
101: CITY COUNCIL 0.0% 0.0% 0.0% 0.0% 0.0%
101: CITY MANAGER 0.0% 0.0% 0.0% 0.0% 0.0%
101: FINANCE 0.0% 0.0% 0.0% 0.0% 0.0%
101: NON-DEPARTMENTAL 0.0% 0.0% 0.0% 0.0% 0.0%
101: ASSET FORFEITURE 0.0% 0.0% 0.0% 0.1% 0.1%
101: CITY SERVICES 5.7% 5.7% 5.7% 6.6% 6.6%
101: COM DEV 5.3% 5.3% 5.3% 4.1% 4.1%
101: HCD AGREEMENT SEPT 2020 0.0% 0.0% 0.0% 0.0% 0.0%
101: LFA 2012 REVNU BOND-MCD 0.0% 0.0% 0.0% 0.0% 0.0%
101: LIBRARY LANDSCAPE DEBT 0.0% 0.0% 0.0% 0.0% 0.0%
101: PARKS 2.9% 2.9% 2.9% 2.3% 2.3%
101: PUBLIC SAFETY 37.9% 37.9% 37.9% 35.3% 35.3%
101: STREETS 3.7% 3.7% 3.7% 2.8% 2.8%
200: STREET IMPROVEMENT FUND 0.0% 0.0% 0.0% 0.0% 0.0%
260: SB1 ROAD MAINTENANCE & REHAB 0.0% 0.0% 0.0% 0.0% 0.0% 261: GAS TAX FUND 2.9% 2.9% 2.9% 3.0% 3.0%
263: TRANSPORTATION 2.0% 2.0% 2.0% 1.6% 1.6%
266: LTF-ART 8 STREETS & ROADS 0.0% 0.0% 0.0% 0.0% 0.0% 306: - COVID-19 ARPA FUND 1.2% 1.2% 1.2% 0.9% 0.9%
400: WELLNESS CENTER 10.4% 10.4% 10.4% 8.8% 8.8%
460: STATE PARKS 0.1% 0.1% 0.1% 0.2% 0.2%
552: WATER 12.3% 12.3% 12.3% 15.7% 15.7%
553: SEWER 7.8% 7.8% 7.8% 8.4% 8.4%
554: REFUSE 6.3% 6.3% 6.3% 8.6% 8.6%
556: VITA-PAKT 0.5% 0.5% 0.5% 0.5% 0.5%
660: RDA OBLIGATION RETIREMENT 0.0% 0.0% 0.0% 0.0% 0.0% 700: CDBG REVOLVING LN FUND 0.3% 0.3% 0.3% 0.3% 0.3%
720: HOME REVOLVING LN FUND 0.3% 0.3% 0.3% 0.4% 0.4%
781: CAL HOME RLF 0.0% 0.0% 0.0% 0.0% 0.0%
883: SIERRA VIEW ASSESSMENT 0.1% 0.1% 0.1% 0.2% 0.2%
884: HERITAGE ASSESSMENT DIST 0.0% 0.0% 0.0% 0.0% 0.0%
886: SAMOA 0.0% 0.0% 0.0% 0.0% 0.0%
887: SWEETBRIER TOWNHOUSES 0.0% 0.0% 0.0% 0.1% 0.1%
888: PARKSIDE 0.0% 0.0% 0.0% 0.0% 0.0%
889: SIERRA VISTA ASSESSMENT 0.0% 0.0% 0.0% 0.0% 0.0%
890: MAPLE VALLEY ASSESSMENT 0.0% 0.0% 0.0% 0.0% 0.0%
891: PELOUS RANCH 0.1% 0.1% 0.1% 0.1% 0.1%
Central Service Departments
December 13, 2022 Regular Meeting of the Lindsay City Council Page 180 18 Cost Allocation Plan
Table A-3: Final Allocation Amounts (OMB Compliant CAP) Department Classification Department 101: CITY ATTORNEY 101: CITY COUNCIL 101: CITY MANAGER 101: FINANCE 101: NON- DEPARTMENTAL Total Allocation 90,000 0 183,210 254,393 317,180 844,783
Central Service 101: CITY ATTORNEY - - - - - - Central Service 101: CITY COUNCIL - - - - - - Central Service 101: CITY MANAGER - - - - - - Central Service 101: FINANCE - - - - - - Central Service 101: NON-DEPARTMENTAL - - - - - - Operating Department 101: ASSET FORFEITURE 44 - 90 244 304 682 Operating Department 101: CITY SERVICES 5,140 - 10,463 16,751 20,886 53,240 Operating Department 101: COM DEV 4,746 - 9,662 10,483 13,070 37,961Operating Department 101: HCD AGREEMENT SEPT 2020 - - - - - - Operating Department 101: LFA 2012 REVNU BOND-MCD - - - - - - Operating Department 101: LIBRARY LANDSCAPE DEBT - - - - - - Operating Department 101: PARKS 2,622 - 5,337 5,851 7,295 21,104 Operating Department 101: PUBLIC SAFETY 34,142 - 69,502 89,729 111,874 305,247 Operating Department 101: STREETS 3,368 - 6,856 7,236 9,022 26,482 Operating Department 200: STREET IMPROVEMENT FUND - - - - - - Operating Department 260: SB1 ROAD MAINTENANCE & REHAB - - - - - - Operating Department 261: GAS TAX FUND 2,577 - 5,246 7,744 9,655 25,221 Operating Department 263: TRANSPORTATION 1,798 - 3,661 4,020 5,013 14,493 Operating Department 266: LTF-ART 8 STREETS & ROADS - - - - - - Operating Department 306: - COVID-19 ARPA FUND 1,076 - 2,191 2,184 2,723 8,175 Operating Department 400: WELLNESS CENTER 9,339 - 19,010 22,414 27,947 78,710 Operating Department 460: STATE PARKS 110 - 224 610 761 1,706 Operating Department 552: WATER 11,111 - 22,619 39,914 49,765 123,409 Operating Department 553: SEWER 6,984 - 14,218 21,258 26,505 68,966 Operating Department 554: REFUSE 5,712 - 11,627 21,870 27,268 66,478 Operating Department 556: VITA-PAKT 481 - 980 1,196 1,491 4,147 Operating Department 660: RDA OBLIGATION RETIREMENT - - - - - - Operating Department 700: CDBG REVOLVING LN FUND 249 - 507 750 935 2,441 Operating Department 720: HOME REVOLVING LN FUND 276 - 561 896 1,118 2,851 Operating Department 781: CAL HOME RLF 11 - 22 61 76 171Operating Department 883: SIERRA VIEW ASSESSMENT 69 - 141 383 478 1,071Operating Department 884: HERITAGE ASSESSMENT DIST 17 - 34 93 116 259Operating Department 886: SAMOA 11 - 22 61 76 171Operating Department 887: SWEETBRIER TOWNHOUSES 30 - 61 166 207 464 Operating Department 888: PARKSIDE 14 - 28 75 94 210Operating Department 889: SIERRA VISTA ASSESSMENT 11 - 21 58 73 163Operating Department 890: MAPLE VALLEY ASSESSMENT 12 - 24 66 82 184Operating Department 891: PELOUS RANCH 50 - 102 278 347 777 Central Service Departments
December 13, 2022 Regular Meeting of the Lindsay City Council Page 181 19 Cost Allocation Plan
Appendix B
Appendix B provides the table detailing the allocation performed in allocating central service costs for the full cost allocation plan. The methodology for the full plan is the same as for the OMB compliant plan, as it is the most reasonable and represents how indirect support is provided in the City. The difference between the two plans, as has been described in this report, is in the costs that can be allocated.
December 13, 2022 Regular Meeting of the Lindsay City Council
20 Cost Allocation Plan
Table B-1: Final Allocation Amounts (Full CAP)
Department Classification Department 101: CITY ATTORNEY 101: CITY COUNCIL 101: CITY MANAGER 101: FINANCE 101: NON- DEPARTMENTAL Total Allocation 90,000 69,000 214,210 254,393 347,180 974,783
Central Service 101: CITY ATTORNEY - - - - - - Central Service 101: CITY COUNCIL - - - - - - Central Service 101: CITY MANAGER - - - - - - Central Service 101: FINANCE - - - - - - Central Service 101: NON-DEPARTMENTAL - - - - - - Operating Department 101: ASSET FORFEITURE 44 34 105 244 333 760 Operating Department 101: CITY SERVICES 5,140 3,940 12,233 16,751 22,861 60,926 Operating Department 101: COM DEV 4,746 3,639 11,297 10,483 14,306 44,471 Operating Department 101: HCD AGREEMENT SEPT 2020 - - - - - - Operating Department 101: LFA 2012 REVNU BOND-MCD - - - - - - Operating Department 101: LIBRARY LANDSCAPE DEBT - - - - - - Operating Department 101: PARKS 2,622 2,010 6,239 5,851 7,985 24,707 Operating Department 101: PUBLIC SAFETY 34,142 26,176 81,262 89,729 122,456 353,765 Operating Department 101: STREETS 3,368 2,582 8,016 7,236 9,875 31,078 Operating Department 200: STREET IMPROVEMENT FUND - - - - - - Operating Department 260: SB1 ROAD MAINTENANCE & REHAB - - - - - - Operating Department 261: GAS TAX FUND 2,577 1,976 6,133 7,744 10,568 28,998 Operating Department 263: TRANSPORTATION 1,798 1,379 4,280 4,020 5,487 16,965Operating Department 266: LTF-ART 8 STREETS & ROADS - - - - - - Operating Department 306: - COVID-19 ARPA FUND 1,076 825 2,562 2,184 2,981 9,628 Operating Department 400: WELLNESS CENTER 9,339 7,160 22,227 22,414 30,590 91,730Operating Department 460: STATE PARKS 110 85 262 610 833 1,900Operating Department 552: WATER 11,111 8,519 26,446 39,914 54,472 140,462 Operating Department 553: SEWER 6,984 5,355 16,623 21,258 29,012 79,233 Operating Department 554: REFUSE 5,712 4,379 13,595 21,870 29,847 75,403 Operating Department 556: VITA-PAKT 481 369 1,145 1,196 1,632 4,823Operating Department 660: RDA OBLIGATION RETIREMENT - - - - - - Operating Department 700: CDBG REVOLVING LN FUND 249 191 593 750 1,024 2,807 Operating Department 720: HOME REVOLVING LN FUND 276 211 656 896 1,223 3,263 Operating Department 781: CAL HOME RLF 11 8 26 61 83 190Operating Department 883: SIERRA VIEW ASSESSMENT 69 53 165 383 523 1,193Operating Department 884: HERITAGE ASSESSMENT DIST 17 13 40 93 127 289 Operating Department 886: SAMOA 11 8 26 61 83 190Operating Department 887: SWEETBRIER TOWNHOUSES 30 23 71 166 226 517 Operating Department 888: PARKSIDE 14 10 32 75 103 234
Operating Department 889: SIERRA VISTA ASSESSMENT 11 8 25 58 80 182Operating Department 890: MAPLE VALLEY ASSESSMENT 12 9 28 66 90 205Operating Department 891: PELOUS RANCH 50 38 119 278 379 865 Central Service Departments
December 13, 2022 Regular Meeting of the Lindsay City Council Page 183 27368 Via Industria, Suite 200
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December 13, 2022 Regular Meeting of the Lindsay City Council