52 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 5: CLOSED SESSIONS
ENDNOTES:
1 California Government Code section 54962
2 California Constitution, Art. 1, section 3
3 61 Ops.Cal.Atty.Gen. 220 (1978); but see California Government Code section 54957.8 (multijurisdictional law enforcement agencies are authorized to meet in closed session to discuss the case records of ongoing criminal investigations, and other related matters). 4 California Government Code section 54957.1
5 California Government Code section 54954.5
6 California Government Code section 54954.2
7 California Government Code section 54954.5
8 California Government Code sections 54956.9 and 54957.7 9 California Government Code section 54957.1(a)
10 California Government Code section 54957.1(b)
11 California Government Code section 54957.2
12 Hamilton v. Town of Los Gatos (1989) 213 Cal.App.3d 1050; 2 Cal.Code Regs. section 18707 13 Roberts v. City of Palmdale (1993) 5 Cal.4th 363
14 California Government Code section 54956.9; Shapiro v. Board of Directors of Center City Development Corp. (2005) 134 Cal.App.4th 170 (agency must be a party to the litigation). 15 82 Ops.Cal.Atty.Gen. 29 (1999)
16 Page v. Miracosta Community College District (2009) 180 Cal.App.4th 471 17 “The Brown Act,” California Attorney General (2003), p. 40 18 California Government Code section 54956.9(g)
19 Trancas Property Owners Association v. City of Malibu (2006) 138 Cal.App.4th 172 20 Government Code section 54956.9(e)
21 California Government Code section 54957.1
22 California Government Code section 54956.8
23 Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904; see also 93 Ops.Cal.Atty.Gen. 51 (2010) (redevelopment agency may not convene a closed session to discuss rehabilitation loan for a property already subleased to a loan recipient, even if the loan Incorporates some of the sublease terms and includes an operating covenant governing the property); 94 Ops.Cal.Atty.Gen. 82 (2011) (real estate closed session may address form, manner and timing of consideration and other items that cannot be disclosed without revealing price and terms).
24 73 Ops.Cal.Atty.Gen. 1 (1990)
25 California Government Code sections 54956.8 and 54954.5(b) 26 California Government Code section 54957.1(a)(1)
27 California Government Code section 54957(b)
28 63 Ops.Cal.Atty.Gen. 153 (1980); but see Duvall v. Board of Trustees (2000) 93 Cal.App.4th 902 (board may discuss personnel evaluation criteria, process and other preliminary matters in closed session but only if related to the evaluation of a particular employee). 29 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 85 Ops.Cal.Atty.Gen. 77 (2002)
30 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 80 Ops.Cal.Atty.
Gen. 308 (1997). Interviews of candidates to fill a vacant staff position conducted by a temporary committee appointed by the governing body may be done in closed session.
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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 53
31 California Government Code section 54957(b)(3)
32 88 Ops.Cal.Atty.Gen. 16 (2005)
33 Morrison v. Housing Authority of the City of Los Angeles (2003) 107 Cal.App.4th 860 34 California Government Code section 54957(b); but see Bollinger v. San Diego Civil Service Commission (1999) 71 Cal.App.4th 568 (notice not required for closed session deliberations regarding complaints or charges, when there was a public evidentiary hearing prior to closed session). 35 78 Ops.Cal.Atty.Gen. 218 (1995); Bell v. Vista Unified School District (2000) 82 Cal.App.4th 672; Furtado v. Sierra Community College (1998) 68 Cal.App.4th 876; Fischer v. Los Angeles Unified School District (1999) 70 Cal.App.4th 87
36 Moreno v. City of King (2005) 127 Cal.App.4th 17
37 California Government Code section 54957
38 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165 39 California Government Code section 54957.1(a)(5)
40 California Government Code section 54957.6
41 California Government Code section 54957.6(b); see also 98 Ops.Cal.Atty.Gen. 41 (2015) (a project labor agreement between a community college district and workers hired by contractors or subcontractors is not a proper subject of closed session for labor negotiations because the workers are not “employees” of the district).
42 California Government Code section 54957.6; and 51 Ops.Cal.Atty.Gen. 201 (1968) 43 California Government Code section 54957.1(a)(6)
44 California Government Code section 3549.1
45 California Government Code section 3540
46 California Government Code section 3547
47 California Education Code section 48918; but see Rim of the World Unified School District v. Superior Court (2003) 104 Cal.App.4th 1393 (Section 48918 preempted by the Federal Family Educational Right and Privacy Act in regard to expulsion proceedings). 48 California Education Code section 72122
49 California Education Code section 60617
50 California Government Code section 54956.96
51 California Government Code section 54956.7
52 California Government Code section 54957
53 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.
App.4th 354
54 California Government Code section 54957.8
55 California Government Code section 54962
56 California Health and Safety Code section 32106
57 California Government Code section 54956.75
58 California Government Code section 54956.81
59 California Government Code section 54956.86
60 California Government Code section 54956.87
61 California Government Code section 54956.95
62 46 Ops.Cal.Atty.Gen. 34 (1965)
63 82 Ops.Cal.Atty.Gen. 29 (1999)
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54 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 5: CLOSED SESSIONS
64 Government Code section 54963
65 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 327; see also California Government Code section 54963.
66 Roberts v. City of Palmdale (1993) 5 Cal.4th 363
67 80 Ops.Cal.Atty.Gen. 231 (1997)
68 76 Ops.Cal.Atty.Gen. 289 (1993)
69 California Government Code section 54963
70 California Government Code section 54963
71 California Government Code section 54957.1
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
January 24, 2023 Regular Meeting of the Lindsay City Council
OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT55 55 Chapter 6
REMEDIES
Invalidation ........................................................................................................................ 56 Applicability to Past Actions ............................................................................................. 57 Civil action to prevent future violations ........................................................................... 57 Costs and attorney’s fees ................................................................................................. 58 Criminal complaints .......................................................................................................... 58 Voluntary resolution .......................................................................................................... 59 January 24, 2023 Regular Meeting of the Lindsay City Council
56 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 6: REMEDIES
Certain violations of the Brown Act are designated as misdemeanors, although by far the most commonly used enforcement provisions are those that authorize civil actions to invalidate specified actions taken in violation of the Brown Act and to stop or prevent future violations. Still, despite all the safeguards and remedies to enforce them, it is ultimately impossible for the public to monitor every aspect of public officials’ interactions. Compliance ultimately results from regular training and a good measure of self-regulation on the part of public officials. This chapter discusses the remedies available to the public when that self-regulation is ineffective.
Invalidation
Any interested person, including the district attorney, may seek to invalidate certain actions of a legislative body on the ground that they violate the Brown Act.1 Violations of the Brown Act, however, cannot be invalidated if they involve the following types of actions:
Those taken in substantial compliance with the law. No Brown Act violation is found when the given notice substantially complies with the Brown Act, even when the notice erroneously cites to the wrong Brown Act section, but adequately advises the public that the Board will meet with legal counsel to discuss potential litigation in closed session;2 Those involving the sale or issuance of notes, bonds or other indebtedness, or any related contracts or agreements;
Those creating a contractual obligation, including a contract awarded by competitive bid for other than compensation for professional services, upon which a party has in good faith relied to its detriment;
Those connected with the collection of any tax; or
Those in which the complaining party had actual notice at least 72 hours prior to the regular meeting or 24 hours prior to the special meeting, as the case may be, at which the action is taken.
Before filing a court action seeking invalidation, a person who believes that a violation has occurred must send a written “cure or correct” demand to the legislative body. This demand must clearly describe the challenged action and the nature of the claimed violation. This demand must be sent within 90 days of the alleged violation or 30 days if the action was taken in open session but in violation of Section 54954.2, which requires (subject to specific exceptions) that only properly agendized items are acted on by the governing body during a meeting.3 The legislative
body then has up to 30 days to cure and correct its action. If it does not act, any lawsuit must be filed within the next 15 days. The purpose of this requirement is to offer the body an opportunity to consider whether a violation has occurred and to weigh its options before litigation is filed.
Chapter 6
REMEDIES
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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 57
Although just about anyone has standing to bring an action for invalidation,4 the challenger must show prejudice as a result of the alleged violation.5
An action to invalidate fails to state a cause of
action against the agency if the body deliberated but did not take an action.6 Applicability to Past Actions
Any interested person, including the district attorney, may file a civil action to determine whether past actions of a legislative body occurring on or after January 1, 2013 constitute violations of the Brown Act and are subject to a mandamus, injunction, or declaratory relief action.7 Before filing
an action, the interested person must, within nine months of the alleged violation of the Brown Act, submit a “cease and desist” letter to the legislative body, clearly describing the past action and the nature of the alleged violation.8
The legislative body has 30 days after receipt of the letter to provide an unconditional commitment to cease and desist from the past action.9 If the body
fails to take any action within the 30-day period or takes an action other than an unconditional commitment, a lawsuit may be filed within 60 days.10
The legislative body’s unconditional commitment must be approved at a regular or special meeting as a separate item of business and not on the consent calendar.11 The unconditional commitment must be substantially in the form set forth in the Brown Act.12 No legal action may thereafter be commenced regarding the past action.13 However, an action of the legislative body in violation of its unconditional commitment constitutes an independent violation of the Brown Act and a legal action consequently may be commenced without following the procedural requirements for challenging past actions.14
The legislative body may rescind its prior unconditional commitment by a majority vote of its membership at a regular meeting as a separate item of business not on the consent calendar. At least 30 days written notice of the intended rescission must be given to each person to whom the unconditional commitment was made and to the district attorney. Upon rescission, any interested person may commence a legal action regarding the past actions without following the procedural requirements for challenging past actions.15
Civil action to prevent future violations
The district attorney or any interested person can file a civil action asking the court to:
Stop or prevent violations or threatened violations of the Brown Act by members of the legislative body of a local agency;
Determine the applicability of the Brown Act to actions or threatened future action of the legislative body;
Determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid under state or federal law; or
Compel the legislative body to tape record its closed sessions.
PRACTICE TIP: A lawsuit to
invalidate must be preceded by
a demand to cure and correct
the challenged action in order
to give the legislative body
an opportunity to consider its
options. The Brown Act does not
specify how to cure or correct
a violation; the best method
is to rescind the action being
complained of and start over, or
reaffirm the action if the local
agency relied on the action and
rescinding the action would
prejudice the local agency.
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58 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 6: REMEDIES
It is not necessary for a challenger to prove a past pattern or practice of violations by the local agency in order to obtain injunctive relief. A court may presume when issuing an injunction that a single violation will continue in the future where the public agency refuses to admit to the alleged violation or to renounce or curtail the practice.16 Note, however, that a court may not compel elected officials to disclose their recollections of what transpired in a closed session.17 Upon finding a violation of the Brown Act pertaining to closed sessions, a court may compel the legislative body to tape record its future closed sessions. In a subsequent lawsuit to enforce the Brown Act alleging a violation occurring in closed session, a court may upon motion of the plaintiff review the tapes if there is good cause to think the Brown Act has been violated, and make public the relevant portion of the closed session recording.
Costs and attorney’s fees
Someone who successfully invalidates an action taken in violation of the Brown Act or who successfully enforces one of the Brown Act’s civil remedies may seek court costs and reasonable attorney’s fees. Courts have held that attorney’s fees must be awarded to a successful plaintiff unless special circumstances exist that would make a fee award against the public agency unjust.18 When evaluating how to respond to assertions that the Brown Act has been violated, elected officials and their lawyers should assume that attorney’s fees will be awarded against the agency if a violation of the Act is proven.
An attorney’s fee award may only be directed against the local agency and not the individual members of the legislative body. If the local agency prevails, it may be awarded court costs and attorney’s fees if the court finds the lawsuit was clearly frivolous and lacking in merit.19 Criminal complaints
A violation of the Brown Act by a member of the legislative body who acts with the improper intent described below is punishable as a misdemeanor.20 A criminal violation has two components. The first is that there must be an overt act — a member of a legislative body must attend a meeting at which action is taken in violation of the Brown Act.21 “Action taken” is not only an actual vote, but also a collective decision, commitment or promise by a majority of the legislative body to make a positive or negative decision.22 If the meeting involves mere deliberation without the taking of action, there can be no misdemeanor penalty.
A violation occurs for a tentative as well as final decision.23 In fact, criminal liability is triggered by a member’s participation in a meeting in violation of the Brown Act — not whether that member has voted with the majority or minority, or has voted at all.
The second component of a criminal violation is that action is taken with the intent of a member “to deprive the public of information to which the member knows or has reason to know the public is entitled” by the Brown Act.24
PRACTICE TIP: Attorney’s
fees will likely be awarded if
a violation of the Brown Act is
proven.
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OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT 59
As with other misdemeanors, the filing of a complaint is up to the district attorney. Although criminal prosecutions of the Brown Act are uncommon, district attorneys in some counties aggressively monitor public agencies’ adherence to the requirements of the law.
Some attorneys and district attorneys take the position that a Brown Act violation may be pursued criminally under Government Code section 1222.25 There is no case law to support this view; if anything, the existence of an express criminal remedy within the Brown Act would suggest otherwise.26
Voluntary resolution
Arguments over Brown Act issues often become emotional on all sides. Newspapers trumpet relatively minor violations, unhappy residents fume over an action, and legislative bodies clam up about information better discussed in public. Hard lines are drawn and rational discussion breaks down. The district attorney or even the grand jury occasionally becomes involved. Publicity surrounding alleged violations of the Brown Act can result in a loss of confidence by constituents in the legislative body. There are times when it may be preferable to consider re-noticing and rehearing, rather than litigating, an item of significant public interest, particularly when there is any doubt about whether the open meeting requirements were satisfied.
At bottom, agencies that regularly train their officials and pay close attention to the requirements of the
Brown Act will have little reason to worry about
enforcement.
ENDNOTES:
1 California Government Code section 54960.1.
Invalidation is limited to actions that violate the
following sections of the Brown Act: section 54953 (the basic open meeting provision); sections 54954.2 and
54954.5 (notice and agenda requirements for regular
meetings and closed sessions); 54954.6 (tax hearings);
54956 (special meetings); and 54596.5 (emergency
situations). Violations of sections not listed above
cannot give rise to invalidation actions, but are subject to the other remedies listed in section 54960.1.
2 Castaic Lake Water Agency v. Newhall County Water
District (2015) 238 Cal.App.4th 1196, 1198
3 California Government Code section 54960.1 (b) and
(c)(1)
4 McKee v. Orange Unified School District (2003) 110 Cal.
App.4th 1310, 1318-1319
5 Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 547, 556, 561 6 Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1116-17, 1118 7 Government Code Section 54960.2(a); Senate Bill No. 1003, Section 4 (2011-2012 Session) 8 Government Code Sections 54960.2(a)(1), (2)
9 Government Code Section 54960.2(b)
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60 OPEN & PUBLIC V A GUIDE TO THE RALPH M BROWN ACT
CHAPTER 6: REMEDIES
10 Government Code Section 54960.2(a)(4)
11 Government Code Section 54960.2(c)(2)
12 Government Code Section 54960.2(c)(1)
13 Government Code Section 54960.2(c)(3)
14 Government Code Section 54960.2(d)
15 Government Code Section 54960.2(e)
16 California Alliance for Utility Safety and Education (CAUSE) v. City of San Diego (1997) 56 Cal.App.4th 1024; Common Cause v. Stirling (1983) 147 Cal.App.3d 518, 524; Accord Shapiro v. San Diego City Council (2002) 96 Cal. App. 4th 904, 916 & fn.6
17 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 334-36 18 Los Angeles Times Communications, LLC v. Los Angeles County Board of Supervisors (2003) 112 Cal.
App.4th 1313, 1327-29 and cases cited therein
19 California Government Code section 54960.5
20 California Government Code section 54959. A misdemeanor is punishable by a fine of up to $1,000 or up to six months in county jail, or both. California Penal Code section 19. Employees of the agency who participate in violations of the Brown Act cannot be punished criminally under section 54959.
However, at least one district attorney instituted criminal action against employees based on the theory that they criminally conspired with the members of the legislative body to commit a crime under section 54949.
21 California Government Code section 54959
22 California Government Code section 54952.6
23 61 Ops.Cal.Atty.Gen.283 (1978)
24 California Government Code section 54959
25 California Government Code section 1222 provides that “[e]very wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor.” 26 The principle of statutory construction known as expressio unius est exclusio alterius supports the view that section 54959 is the exclusive basis for criminal liability under the Brown Act.
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
1400 K Street, Suite 400, Sacramento, CA 95814
Phone: (916) 658-8200 | Fax: (916) 658-8240
www.cacities.org | www.cacities.org/events | www.westerncity.com January 24, 2023 Regular Meeting of the Lindsay City Council
Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
January 24, 2023 Regular Meeting of the Lindsay City Council
II
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.
The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.
About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
January 24, 2023 Regular Meeting of the Lindsay City Council
1 Table of Contents
About the Author ............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7 January 24, 2023 Regular Meeting of the Lindsay City Council
2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.
A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.
When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.
The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.
The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.
Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.
Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:
Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.
Hence, the birth of Rosenberg’s Rules of Order.
What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.
This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:
1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.
3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.
4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
January 24, 2023 Regular Meeting of the Lindsay City Council
3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.
Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.
Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three ways:
1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”
2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.”
3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common and recur often at meetings:
The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.
Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.
Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.
Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.
If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).
Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.
Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.
Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.
This is done in one of three ways:
1. The chair can ask the maker of the motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the motion.
Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
January 24, 2023 Regular Meeting of the Lindsay City Council
4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.
Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.
Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.
There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):
Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.
Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.
Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.
The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.
The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.
A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.
A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.
Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.
The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.
When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:
January 24, 2023 Regular Meeting of the Lindsay City Council
5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.
Counting Votes
The matter of counting votes starts simple, but can become complicated.
Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.
If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.
What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.
Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.
In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.
Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.
However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.
When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.
NOTE: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.
Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.
All motions require a simple majority, but there are a few exceptions.
The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:
Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
January 24, 2023 Regular Meeting of the Lindsay City Council
6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.
Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.
A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.
First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.
If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.
California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.
After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.
How does this work in practice?
Here are a few examples.
Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.
Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.
If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.
Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
January 24, 2023 Regular Meeting of the Lindsay City Council
7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.
Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.
Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.
Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
January 24, 2023 Regular Meeting of the Lindsay City Council
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January 24, 2023 Regular Meeting of the Lindsay City Council
1 City of Lindsay
Social Media Policy
Adopted on 08/09/2022 via Resolution No. 22-48
January 24, 2023 Regular Meeting of the Lindsay City Council
2 Overview
This policy establishes guidelines for the establishment and use by the City of Lindsay of social media sites (including but not limited to Facebook and Instagram) as a means of conveying City of Lindsay (“City”) information to its citizens.
The intended purpose behind establishing City of Lindsay social media sites is to disseminate information from the City, about the City, to its citizens. The City of Lindsay has an overriding interest in deciding what is “spoken” on behalf of the City on City social media sites.
For purposes of this policy, “social media” is understood to be content created by individuals, using accessible, expandable, and upgradable publishing technologies, through and on the Internet. Examples of social media include, but are not limited to, Facebook, Instagram, YouTube, Twitter, LinkedIn, and blogs. For purposes of this policy, “comments” include information, articles, pictures, videos or any other form of communicative content posted on a City of Lindsay social media site, either as its own post or attached to another post.
General Policy
1. The establishment and use by any City department of City social media sites are subject to approval by the City Manager or his/her designees. All City of Lindsay social media sites shall be administered by City of Lindsay designated staff.
2. City social media sites should make clear on their respective profile pages that they are maintained by the City of Lindsay and that they follow the City’s Social Media Policy.
3. Wherever possible, City social media sites should link back to the official City of Lindsay website for forms, documents, online services and other information necessary to conduct business with the City of Lindsay.
4. Designated staff will monitor content on City social media sites to ensure adherence to both the City’s Social Media Policy and the interest and goals of the City of Lindsay.
5. The City reserves the right to restrict or remove any content that is deemed in violation of this Social Media Policy or any applicable law. Any content removed based on these guidelines must be retained by the City Clerk for a reasonable period of time, including the time, date and identity of the poster, when available.
6. These guidelines must be displayed to users or made available by hyperlink.
January 24, 2023 Regular Meeting of the Lindsay City Council
3 7. The City will approach the use of social media tools as consistently as possible, enterprise wide.
8. The City of Lindsay’s website at https://www.lindsay.ca.us/ will remain the City’s primary and predominant internet presence.
9. All City social media sites shall adhere to applicable federal, state and local laws, regulations and policies.
10. City social media sites are subject to the California Public Records Act. Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure.
11. Employees representing the City government via City social media sites must conduct themselves at all times as a representative of the City and in accordance with all City policies.
12. This Social Media Policy may be revised at any time.
13. Comments on topics or issues not within the jurisdictional purview of the City of Lindsay may be removed.
14. Any posts deemed to be offensive, derogatory, hostile, or anything that is construed as discriminatory on the basis of race, sex, disability, or religion will be removed.
15. The City does not endorse any links or advertisements that may show up on its Facebook page.
Comment Policy
By posting or commenting on the City of Lindsay’s Facebook page, or other City of Lindsay social media, you agree to the terms of use of the City of Lindsay’s social media comment policy as provided herein.
1. As a public entity the City must abide by certain standards to serve all its constituents in a civil and unbiased manner.
2. The City of Lindsay Facebook and other social media pages are intended to be “family friendly,” so please keep your comments clean by following these simple rules. In addition to keeping it family friendly, we require that you follow our posting guidelines here. Please note that we utilize Facebook’s automatic content filtering feature. All City of Lindsay social media content is subject to monitoring.
3. The intended purpose behind establishing City of Lindsay social media sites is to disseminate information from the City, about the City, to its citizens.
January 24, 2023 Regular Meeting of the Lindsay City Council
4 4. Comments containing any of the following inappropriate forms of content shall not be permitted on City of Lindsay social media sites and are subject to removal and/or restriction by designated staff.
a. Comments not related to the original topic, including random or unintelligible comments; Profane, obscene, violent, or pornographic content and/or language;
b. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, or national origin; c. Defamatory or personal attacks;
d. Threats to any person or organization;
e. Comments in support of, or in opposition to, any political campaigns or ballot measures;
f. Solicitation of commerce, including but not limited to advertising of any business or product for sale;
g. Conduct in violation of any federal, state or local law; h. Encouragement of illegal activity;
i. Information that may tend to compromise the safety or security of the public or public systems; or
j. Content that violates a legal ownership interest, such as a copyright, of any party.
k. Harassment or content which constitutes and/or facilitates stalking; l. Content which violates the right to privacy;
m. Encouragement of violence;
n. Repetitive content;
o. Comments which may reasonably interfere with, inhibit, or compromise law enforcement investigations, police tactics, police responses to incidents and/or the safety of police staff and officers; p. Posts or comments that contain any external links.
5. A comment posted by a member of the public on any City of Lindsay social media site is the opinion of the commentator or poster only, and publication of a comment does not imply endorsement of, or agreement by, the City of Lindsay, nor do such comments necessarily reflect the opinions or policies of the City of Lindsay.
6. The City of Lindsay reserves the right to deny access to City of Lindsay social media sites for any individual, who violates the City of Lindsay’s Social Media Policy, at any time and without prior notice.
January 24, 2023 Regular Meeting of the Lindsay City Council
5 7. Comments posted to City of Lindsay social media pages will be monitored and inappropriate content as defined above will be removed as soon as possible and without prior notice. Please note, comments posted to pages are monitored and our Facebook settings will automatically hide a comment if profanity is used within the post.
8. If you need to contact the Lindsay Police Department, please call their front desk at (559) 562-2511, or if it is an emergency, call 911 and ask for assistance. While comments posted on the City’s social media pages are monitored, posting a comment is neither the recommended nor best way to contact the City or Lindsay Police Department.
9. Departments shall monitor their social media sites for comments requesting responses from the City and for comments in violation of this policy.
10. All comments posted to any City of Lindsay Facebook site are bound by Facebook’s Statement of Rights and Responsibilities and Community Standards, located at www.facebook.com/terms.php, and
www.facebook.com/communitystandards, respectfully. The City of Lindsay reserves the right to report any violation of Facebook’s Statement of Rights and Responsibilities and/or Community Standards to Facebook with the intent of Facebook taking appropriate and reasonable responsive action.
11. By posting or commenting on the City of Lindsay social media platforms you agree to our terms of use. You participate by your own choice, taking personal responsibility for your comments, your username and any information you provide therein.
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23.03
NUMBER 23-03
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY
APPROVING AND ADOPTING THE AMENDED CITY OF LINDSAY
CITY COUNCIL HANDBOOK
At a regularly scheduled meeting of the City of Lindsay City Council held on January 24, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City Council of the City of Lindsay wishes to amend via resolution the agreed upon document, “City Council Handbook” which contains a set of norms and procedures to promote communication, understanding, fairness, and trust among the members of the Lindsay City Council and staff concerning their roles, responsibilities, and expectation for the management of the business of the City of Lindsay; WHEREAS, the City Council Handbook shall be amended by a majority vote of the City Council and may be updated administratively by the City Clerk in order to remain current with federal, state, and local law;
WHEREAS, if any rule, guideline, or policy contained in the City Council Handbook is in conflict with the provisions of the Charter of the City of Lindsay or the Lindsay Municipal Code, such rule shall be deemed invalid or modified to conform to the Charter or Lindsay Municipal Code. Such invalidity shall not affect other rules, guidelines, or policies contained herein which can be given effect without the invalid rule, guideline, or policy, and to this end these rules, guidelines, and policies are severable. Any deviation from the City Council Handbook shall not, alone, invalidate the approval of any matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The City Council hereby approves and adopts the amendments to the City Council Handbook.
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 their signature to the Resolution signifying its adoption by the City Council to the City of January 24, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23.03
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 January 24, 2023
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 HIPOLITO A. CERROS
CITY CLERK MAYOR
January 24, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Curtis Cannon, Planning Manager
DEPARTMENT:
ITEM NO.:
City Services and Planning
11.1 MEETING DATE: January 24, 2023
ACTION & RECOMMENDATION
Consider Approval of Resolution 23-04, A Resolution of the City Council of the City of Lindsay Approving Conditional Use Permit No. 23-01, A Request by NFDI LLC. to Allow for an Eight (8) Acre Mini Storage Facility in the Mixed-Use (MXU) Zone for Property Located North of Tulare Road, West of the Southern Pacific Railroad Tracks (Portion of APN 201-170-010) and Finding that the Project is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Sections 15315 and 15183 of the CEQA Guidelines.
The City Council is asked to consider approval of Resolution 23-04, approving CUP No. 23-01 based on the below project description and findings, and subject to the following conditions of approval, which are also reflected within Resolution 23-04.
x Pay all fees and taxes imposed by the City of Lindsay. x Meet all City development and State Building Code requirements prior to beginning operations. x Meet all City requirements, law, and regulation found in the Lindsay Municipal Code. x Failure to comply with any City and State requirements will be considered a violation of the conditional use permit and may result in the revocation of the use permit. x The Conditional Use Permit (CUP) is effective for a period of one (1) year from the date of approval.
x Provide Triple Refuse Bins.
x Sidewalk on Tulare Road to be four (4) feet, in addition to the existing four (4) feet. x Meet Americans with Disabilities Act (ADA) Standards. x Entire frontage maintained at all times.
x Minimum seven (7) foot block wall on the exterior of the project. x Wrought iron fencing on the frontage (Tulare Road), in between structures. x Fire rating to the portions which back up to future residential uses.
BACKGROUND | ANALYSIS
Project Description:
Conditional Use Permit No. 23-01 is requested by NFDI LLC. to establish a Mini Storage facility on a property owned by Valerie O’Hara, located North of Tulare Road and West of the Southern Pacific Railroad Tracks railroad tracks. The proposed project is located in the Mixed-Use Zone and General Plan January 24, 2023 Regular Meeting of the Lindsay City Council
designation of Mixed-Use. The property is also located within the former Lindsay Redevelopment Project Area No. 1.
The General Plan refers to the subject property as the O’Hara property and contains language that states that the O’Hara property has been designated as MX, and that any combination of Service Commercial, Light Industrial, Low and Medium density can be allowed, with a base designation of Service Commercial. In the Service Commercial zone, a mini storage is allowed as a conditionally permitted use.
Chapter 18.12 of the Lindsay Municipal Code states that development in the Mixed-Use Combining District shall be approved through the Conditional Use Permit (CUP) process.
The proposed Mini Storage project includes a 1,500 square foot office, five (5) parking spaces and approximately 139,300 square feet of storage units, as shown on the attached site plan. The storage units will be comprised of a variety of sizes. The applicant proposes that the building on Tulare Road will be constructed and painted as shown on the color in the attached illustrative photos. Main access to the property will be through a gated entrance that will be operated by an electronic code. A secondary emergency access will be provided through the West end of the property but will not be accessible to the public.
As a Mini Storage project, it is not anticipated that significant amounts of traffic, noise, or odors will be generated.
Findings for Conditional Use Permit:
In accordance with Section 18.17.070 of the Lindsay Municipal Code, a Conditional Use Permit (CUP) may be approved if the City Council makes the following findings:
1. That there are circumstances or conditions applicable to the land, structure or use which makes the granting of a use which makes the granting of a conditional use permit necessary for the preservation and enjoyment of a substantial property right. The General Plan (GP) states that although the site is MU or Mixed-Use, the underlying zoning of the subject site is Commercial Service (CS) to allow the uses in the CS zone of which a mini storage is a permitted use.
2. That the proposed location of the conditional use is in accordance with the objectives of the zoning code and the purpose of the district in which the site is located. As stated above, the GP supports commercial uses on the subject site, therefore, the proposed project meets the objectives and purposes of the GP and Zoning Code/Ordinance.
3. That the proposed use will comply with each of the applicable provisions of this title. The proposed project, as shown on the site plan, is consistent with the City General Plan and Municipal Code.
ATTACHMENTS:
x Illustrative Photos
x Site Plan
x CEQA Notice of Exemption
x Resolution No. 23-04
January 24, 2023 Regular Meeting of the Lindsay City Council
ILLUSTRATIVE PHOTOS
January 24, 2023 Regular Meeting of the Lindsay City Council Page 196
ILLUSTRATIVE PHOTOS
January 24, 2023 Regular Meeting of the Lindsay City Council Page 197
ILLUSTRATIVE PHOTOS
January 24, 2023 Regular Meeting of the Lindsay City Council Page 198
ILLUSTRATIVE PHOTOS
January 24, 2023 Regular Meeting of the Lindsay City Council Page 199
January 24, 2023 Regular Meeting of the Lindsay City Council Page 200 Notice of Exemption
To: Office of Planning and Research
P.O. Box 3044, Room 212
Sacramento, CA 95812-3044
County Clerk
County of Tulare
County Civic Center
221 South Mooney Boulevard
Visalia, CA. 93291
From: City of Lindsay
251 E. Honolulu St.
Lindsay, CA 93247
Project Title: Conditional Use Permit No.
Project Location – City of Lindsay
Project Location – City of Lindsay Project Location – County: Tulare County Description of Nature, Purpose and Beneficiaries of Project: The proposed project is a mini-storage facility Name of Public Agency Approving Project: City of Lindsay Name of Person or Agency Carrying Out Project: NFDI LLC, 1878 N Mooney Blvd, Tulare CA 93274 Exempt Status: (check one)
Ministerial (15268);
Declared Emergency (15269 (a));
Emergency Project (15269(b)(c));
Categorical Exemption: State type and section number: Section 15315 Statutory Exemption. State code number:
Consistent with a Community or Zoning Plan, Section 15183 Reasons why project is exempt: The project does not require further review pursuant to Section 15183 (project consistent with a Community Plan, General Plan, or Zoning) of the State Guidelines. Section 15183 applies to projects which are: consistent with applicable General Plan and Zoning regulations. The proposed project is consistent with the MXU zone and the underlying Commercial Service zone which allows min-storage facilities as a permitted use. No potential new impact related to the development have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the General Plan EIR. No other special circumstances exist that would create a reasonable possibility that the project will have a significant adverse effect on the environment. The project also includes a parcel map to divide one parcel into four parcels, which is exempt under Section 15315. Therefore, pursuant to State CEQA Guidelines Section 15183 and 15315, no further environmental review is required.
Lead Agency Contact Person: Curtis Cannon Area Code/ Telephone: (559) 562-7102 Ext 8041 Signature: Date: 01/24/23 Title: Planning Manager
January 24, 2023 Regular Meeting of the Lindsay City Council
Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
January 24, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-04
NUMBER 23-04
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY APPROVING CONDITIONAL USE PERMIT NO. 23-01, A REQUEST BY NFDI LLC. TO ALLOW FOR AN EIGHT (8) ACRE MINI STORAGE
FACILITY IN THE MIXED-USE (MXU) ZONE FOR PROPERTY
LOCATED NORTH OF TULARE ROAD, WEST OF THE SOUTHERN
PACIFIC RAILROAD TRACKS (PORTION OF APN 201-170-010) AND
FINDING THAT THE PROJECT IS EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO SECTIONS 15315 AND 15183 OF THE CEQA
GUIDELINES
At a regularly scheduled meeting of the City of Lindsay City Council held on January 24, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, Conditional Use Permit (CUP) No. 23-01 was filed pursuant to the regulations contained in Ordinance No. 437, the Zoning Ordinance of the City of Lindsay; and WHEREAS, the City Council of the City of Lindsay, after ten (10) days published notice, did hold a duly noticed public hearing before said Council on January 24, 2023; and WHEREAS, City Planning Staff has prepared the necessary investigations and a staff report of information bearing upon the Conditional Use Permit (CUP) application; and WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) as it is consistent with the Community and Zoning Plan (Section 15183).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The project is exempt from the California Environmental Quality Act as it is consistent with the Community and Zoning Plan (Section 15183).
SECTION 3. The City Council of the City of Lindsay hereby finds that the proposed Conditional Use Permit (CUP) application is consistent with the provisions of the City of Lindsay Zoning Ordinance (Municipal Code Title 18).
January 24, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-04
SECTION 4. The site shall meet all City development and State Building Code requirements prior to beginning operations.
SECTION 5. Failure to comply with any City and State requirements will be considered a violation of the Conditional Use Permit (CUP) and may result in the revocation of the Conditional Use Permit (CUP).
SECTION 6. No use shall emit particulate matter or other air pollutants in excess of the applicable air pollution emission standards of the San Joaquin Valley Air Pollution Control District, the state or of the federal government.
SECTION 7. Security measures shall be implemented to ensure there is a less than significant impact to the City of Lindsay’s Department of Public Safety.
SECTION 8. In addition to the sections above, the Conditional Use Permit (CUP) shall be subject to the following conditions of approval from the Department of City Services & Planning and Public Safety:
x Pay all fees and taxes imposed by the City of Lindsay. x Meet all City requirements, law, and regulation found in the Lindsay Municipal Code.
x The Conditional Use Permit (CUP) is effective for a period of one (1) year from the date of approval.
x Provide Triple Refuse Bins.
x Sidewalk on Tulare Road to be four (4) feet, in addition to the existing four (4) feet.
x Meet Americans with Disabilities Act (ADA) Standards. x Entire frontage maintained at all times.
x Minimum seven (7) foot block wall on the exterior of the project. x Wrought iron fencing on the frontage (Tulare Road), in between structures.
x Fire rating to the portions which back up to future residential uses.
January 24, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-04
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE January 24, 2023
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 HIPOLITO A. CERROS
CITY CLERK MAYOR
January 24, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Curtis Cannon, Planning Manager
DEPARTMENT:
ITEM NO.:
City Services & Planning
11.2 MEETING DATE: January 24, 2023
ACTION & RECOMMENDATION
First Reading of Ordinance No. 605, An Ordinance of the City of Lindsay Amending Title Eight (8) Health and Safety, Recycling and Diversion of Construction and Demolition Debris of the Lindsay Municipal Code to Comply with Current State Legislation for the Recycling and Diversion of Construction and Demolition Debris Consistent with the Goals of the California Integrated Waste Management Act and CALGreen SB 1383 Baseline Requirements, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only.
BACKGROUND | ANALYSIS
The State of California adopts and modifies the California Integrated Waste Management Act from timeto-time, which includes provisions carried out and monitored by the CALGreen Building Standards and Requirements. Ordinance 605 is intended to replace and repeal portions of the existing Lindsay Municipal Code Section and Chapters 8.32.010 – 8.32.140 to ensure compliance with current state legislation.
The public hearing for the first reading of Ordinance No. 605 is a request by City staff to amend chapters
8.32.010 - 8.32.140 of the Lindsay Municipal Code. The first reading of this Ordinance was duly noticed in the Porterville Recorder on December 23, 2022.
Should the City Council approve the first reading of Ordinance No. 605 as well as a future second reading, thus adopting Ordinance No. 605, the new codes will be effective 60 days from the second reading.
FISCAL IMPACT
No fiscal impact associated with this action.
ATTACHMENTS
x Ordinance No. 605 Published Public Hearing Notice
x Ordinance No. 605 – Redline Copy
January 24, 2023 Regular Meeting of the Lindsay City Council
January 24, 2023 Regular Meeting of the Lindsay City Council
ORDINANCE NO. 605
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING TITLE 8 HEALTH AND SAFETY, AMENDING RECYCLING AND
DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS TO COMPLY
WITH CURRENT STATE LEGISLATION FOR THE RECYCLING AND
DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS CONSISTENT
WITH THE GOALS OF THE CALIFRONIA INTEGRATED WASTE
MANAGEMENT ACT AND CALGREEN SB 1383 BASELINE REQUIREMENTS SECTION 1. FINDINGS.
1. The state of California requires that each local jurisdiction in the state divert 65 percent of discarded waste materials from landfills. These amendments will assist the City of Lindsay in achieving this state mandate.
2. Any City or County deemed by the State of California to be out of compliance with the mandates of the California Integrated Waste Management Act is subject to a fine of up to $10,000 per day.
3. Construction and demolition debris reduction and recycling programs have proven to decrease the amount of materials that are landfilled and to be costeffective.
4. Except in unusual circumstances, it is feasible to divert at least 65 percent by weight of the solid waste including C&D debris from construction and demolition projects and 75 percent by weight of inert debris such as concrete and asphalt. Many other jurisdictions have successfully implemented C&D debris diversion requirements to increase recycling rates.
5. The City does not intend, and nothing in this Ordinance shall be construed, to regulate in any way hazardous materials, hazardous substances, hazardous waste, or medical waste, as those terms may be variously defined in Federal, State or local law or regulation.
6. The Lindsay Municipal Code requires that the authority to collect and haul all waste materials, including construction and demolition debris, is assigned to the refuse collector the City has selected to haul waste.
Section 2. CODE AMENDMENT. Lindsay Municipal Code Title Eight (8) is hereby amended to read in its entirety as follows:
January 24, 2023 Regular Meeting of the Lindsay City Council
Chapter 8.32.010
Purpose
The purpose of this chapter is to increase the recycling and reuse of construction and demolition debris, consistent with the goals of the California Integrated Waste Management Act of 1989.
The provisions of this ordinance are intended to amend the Lindsay Municipal Code to implement a construction and demolition debris recycling program to protect the public health, safety and welfare of the community and to achieve the mandate of the California Integrated Waste Management Act by Diverting Construction and demolition debris from landfills.
Chapter 8.32.020
Definitions
For the purposes of this chapter, the following words and phrases shall have the following meanings unless the context otherwise requires:
"Accessory structure" means a structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure to which it is an accessory.
The structure is customary, incidental and subordinate to the use of the principal building or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.
"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition or renovation project within the boundaries, as defined in this section, and who is, therefore, responsible for meeting the requirements of this section.
"Building official" or "director" means the officer or other designated authority charged with the administration and enforcement of this section, or the city's duly authorized representative.
"Construction" means all building, landscaping, remodeling, including the addition, removal or destruction of buildings and landscaping.
"Construction and demolition debris" means and includes:
January 24, 2023 Regular Meeting of the Lindsay City Council
1. Used or commonly discarded materials generally considered to be not water soluble and nonhazardous in nature, including, but are not limited to, steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; or
2. Remnants of new materials, including, but are not limited to, cardboard, paper, plastic, wood and metal scraps from any construction, demolition and/or landscape project.
"Contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the state of California, or who performs (whether as contractor, subcontractor, owner-builder, or otherwise) any construction, demolition, remodeling, renovation or landscaping service relating to buildings or accessory structures in the city's boundaries.
"Covered project" means and includes any project which consists of one or more of the following:
1. Demolition projects that are five hundred square feet or greater;
2. Any project involving renovation of a kitchen and/or bath facility irrespective of total square footage or value;
3. The renovation, remodel or addition to an existing residential structure that is equal to or greater than five hundred square feet and/or projects that exceed twenty thousand dollars;
4. The renovation, remodel or addition to an existing commercial or multifamily residential structure that is equal to or greater than one thousand square feet and/or projects that exceed twenty thousand dollars;
5. Residential development and any new residential structure that is equal to or greater than one thousand square feet and/or projects that exceed twenty thousand dollars;
6. Commercial or multifamily residential development, and any new structure that is equal to or greater than one thousand square feet and/or projects that exceed twenty thousand dollars;
7. All city-sponsored construction, demolition and renovation projects that are equal to or greater than one thousand square feet;
8. All city services and construction projects which are awarded pursuant to the competitive bid procedures.
January 24, 2023 Regular Meeting of the Lindsay City Council
"Deconstruction" means a process to dismantle or remove usable materials from structures, in a manner which maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and transformation facilities.
"Demolition" means the deconstructing, razing, ruining, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior.
Demolition needs to be done by a contractor or owner-builder. "Designated recyclable and reusable materials" means and includes:
1. Inert solids, asphalt and masonry building materials generally used in construction including, but are not limited to, concrete, rock, stone and brick;
2. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted;
3. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. The following materials are excluded as the materials are not recyclable and should be landfilled: bamboo, palm fronds and yucca;
4. Metals including all metal scrap such as, but are not limited to, pipes, siding, window frames, door frames and fences;
5. Roofing materials including wood shingles and shakes as well as asphalt, stone and slate based roofing material;
6. Salvageable materials and structures including, but are not limited to, doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances;
7. Any other materials that the building official or director determines can be diverted due to the identification of a recycling facility, reuse facility or market accessible from the county.
"Director" means the agency's director of city services or his/her authorized representative.
"Divert" and "diversion" mean to use material for any lawful purpose other than disposal in a landfill, transformation facility or alternative daily cover. Methods to divert materials from landfills include reuse, salvage and recycling. Diversion does not include illegal dumping.
"Emergency demolition" means an emergency demolition can be performed only when a facility is determined to be structurally unsound and in danger of imminent collapse and a state or local government agency has issued an immediate demolition order. The order for emergency demolition only applies to the part of the building that is unsound; January 24, 2023 Regular Meeting of the Lindsay City Council
attached buildings may not be demolished under this order and must be treated as a regular demolition.
"Facilities" means recycling, salvage and reuse establishments and landfills. "Inert solids" means and includes asphalt, concrete, rock, stone, brick, sand, soil and fines. "Noncovered projects" means construction, demolition and renovation projects within the city that do not meet the established thresholds for covered projects. "Owner-builder." See "Contractor."
"Permit" means an official document or certificate issued by the building official authorizing performance of a specified activity.
"Project" means any activity involving construction, demolition or renovation, and which requires issuance of a permit from the city of Lindsay. "Recyclables" means materials which would otherwise become solid waste but which are capable of or suitable for recycling.
"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting or converting construction and demolition debris that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace or in the form of usable energy. Recycling does not include transformation.
"Recycling and Reuse Plan" means a form provided by the city for the purpose of compliance with this chapter that must be submitted by the applicant for any covered period.
"Renovation" means any change, addition or modification to an existing structure. "Reuse" means further or repeated use of construction and demolition debris. "Salvage" means the controlled removal of materials from a covered project for the purpose of recycling, reuse or storage for later reuse. "Source separated" means recyclables that have been segregated from solid waste by or for the generator thereof on the premises at which they were generated for handling different from that of solid waste.
"Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
January 24, 2023 Regular Meeting of the Lindsay City Council
Alternative daily cover (ADC)" means materials other than soil that have been approved by the California Integrated Waste Management Board for use as an overlay on an exposed landfill face.
"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, industry, public or private corporation, property owner, contractor, architect or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, or renovation project within the city.
"Contractor" means any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, renovation, or landscaping service relating to buildings or accessory structures in Lindsay.
"Construction and demolition (C&D) debris" means and includes:
A. Discarded materials generally considered to be not water soluble and nonhazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard and lumber from the construction or demolition of a structure or hardscape improvement as part of a construction or demolition project or from the renovation of a structure, hardscape improvement, and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; B. Clean cardboard, paper, plastic, wood and metal scraps from any construction and/or landscape project; and
C. Minimal amounts of other non-hazardous wastes that are generated at the construction or demolition projects provided such amounts are consistent with best management practices of the industry.
"Covered project" means any residential or non-residential construction or demolition project that is subject to the requirements of the California Green Building Standards (Cal Green) as amended by the city of Lindsay in effect at the time of building permit application. Notwithstanding the above, in those cases in which a dangerous situation has been determined to exist by the building division and/or the police department, the recycling and salvage requirements of this chapter may be waived in total or in part by the community development director.
January 24, 2023 Regular Meeting of the Lindsay City Council
"Deconstruction" means the soft demolition of any facility, structure, hardscape improvement or building through a planned dismantling and salvaging of reusable materials and parts.
"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, hardscape improvement or building, whether in whole or in part, whether interior or exterior and/or the removal of landscaping materials, including green waste.
"Designated recyclable and reusable materials" means that portion of C&D debris that includes the following:
A. Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick; B. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, contaminated or painted;
C. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use; D. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, doorframes and fences;
E. Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material;
F. Salvageable materials and structures, including, but not limited to gypsum wallboard, doors, windows, mantelpieces, cabinets, lighting fixtures, toilets, sinks, bathtubs, appliances, decorative molding, flooring, carpeting, reusable hardware, bricks and decorative tiles in good repair; and G. Any other materials which the city sustainability manager or their designee determines can be recycled or reused due to the identification of a recycling facility, reuse facility, or market accessible to Menlo Park, including facilities which can further sort mixed C&D debris through mechanical and/or manual processes in order to remove additional materials for reuse or recycling. "Diversion" means any activity, including recycling, source reduction, reuse, deconstruction, or salvaging of materials, which causes materials to be diverted from disposal in landfills or incinerators and instead put to use as the same or different product. ADC is not a bona fide means of diversion.
"Hardscape improvements" means swimming pools, driveways, parking lots, walkways, patios and decks.
January 24, 2023 Regular Meeting of the Lindsay City Council
"Non-recyclable/non-reusable materials" means that portion of C&D debris for which there is no available facility within sixty (60) miles of the City of Lindsay boundaries for the return of these materials to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.
"Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting discarded materials that meet the quality standards necessary to be reused, remanufactured or processed.
"Salvage" means the controlled removal of designated recyclable and reusable materials from C&D debris, from a covered project, for the purpose of recycling, reuse, or storage for later recycling or reuse.
"Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground.
Chapter 8.32.030
Deconstruction And Salvage And Recovery
Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this chapter.
Interior building fixtures and finishes such as doors, cabinets, plumbing and electrical fixtures and floor finishes in structures planned for demolition shall be made available for salvage and recovery prior to demolition. In order to ensure sufficient time for these activities, no demolition may commence until a period of at least seven (7) working days prior to the date of issuance of the demolition permit.
It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable materials prior to demolition.
In the event the applicant believes that no materials can be salvaged for reuse or recycling from a particular project, a written form must be completed and provided to the building division identifying the reasons why salvaging cannot take place. The community development director or his designee will determine whether this requirement shall be waived in whole or in part.
January 24, 2023 Regular Meeting of the Lindsay City Council
Recovered and salvaged material from the deconstruction phase shall qualify in meeting the diversion requirements of this chapter.
Recovered or salvaged materials may be given or sold on the premises, or may be removed to a reuse warehouse or other reuse facility for storage or sale.
Chapter 8.32.040
Landfill Diversion Requirements
1. One hundred percent of inert solids and at least fifty percent by weight of the remaining construction and demolition debris resulting from the project shall be diverted to an approved facility or by salvage.
2. For each covered project, the diversion requirements of this chapter shall be met by submitting and following a C&D Debris and Reuse Plan that includes the following:
1. Deconstructing and salvaging all or part of the structure as practicable;
2. Directing one hundred percent of inert solids to reuse or recycling facilities approved by the city; and
3. Collecting (source separated or commingled) non-inert materials, such as cardboard and paper, wood, metals, green waste, new gypsum wallboard, tile, porcelain fixtures, and other easily recycled materials, and directing them to recycling facilities approved by the city and taking the remainder (but no more than fifty percent by weight) to a facility for disposal.
3. The applicant for any covered project shall make reasonable efforts to ensure that all construction and demolition waste diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales that are in compliance with all regulatory requirements for accuracy and maintenance.
4. Although it may not be an explicit condition of the building permit, contractors working on noncovered projects are encouraged to divert material from construction and demolition projects to the maximum extent practicable in accordance with this chapter.
It is required that at least the following specified percentages of C&D debris waste tonnage generated from every covered project shall be diverted from landfills by using recycling, reuse, salvage and other diversion programs:
January 24, 2023 Regular Meeting of the Lindsay City Council
x 65 percent by weight of the solid waste including C&D debris from construction and demolition projects and 75 percent by weight of inert debris such as concrete and asphalt.
Demolition Projects. Residential demolitions of one thousand (1,000) square feet or greater and all non-residential demolition projects, (including non-residential interior demolitions) in the city of Lindsay shall meet the diversion requirements for both inert materials and non-inert materials established in the California Green Building Standards as amended in effect at the time of building permit application demolition.
Construction Projects. Residential (single-family and multifamily) construction projects of one thousand (1,000) square feet or greater and non-residential construction projects shall meet the diversion requirements for both inert materials and non-inert materials established in the California Green Building Standards in effect at the time of building permit application.
Separate calculations will be required for the demolition portion and for the construction portion of projects involving both demolition and construction.
To ensure that recycled C & D material is reused, remanufactured or processed into viable products, use of the material as alternative daily cover (ADC) shall not count towards reaching the required diversion percentages.
Chapter 8.32.050
Projects Exempt From This Chapter Exemptions to Diversion Requirements It is not the intention of this chapter to require the recycling, reuse or diversion of materials not subject to those processes. If non-recyclable/non-reusable materials are present, the following exceptions to this chapter may be granted by the community development director or designee:
A. An exception to the exclusion of ADC as a bona fide diversion method may be granted. If an exception is granted, any designated recyclable and reusable materials that are also present must be one hundred percent (100%) diverted from disposal in a landfill.
B. In the event that more of the waste tonnage is non-recyclable/non-reusable material than the allowable disposal percentage in current Cal Green, and a good faith effort made by the applicant and the city to locate a material recycling/reuse facility has been unsuccessful, an exception to the requirements of this chapter may be granted. If an exception is granted, any designated recyclable and January 24, 2023 Regular Meeting of the Lindsay City Council
reusable materials that are also present must be one hundred percent (100%) diverted from disposal in a landfill.
Chapter 8.32.060
Submission And Required Contents Of C And D Debris Recycling And Reuse Plan
1. Prior to issuance of permit, every applicant for building or demolition permits involving any covered project shall complete and submit a properly completed C&D Debris Recycling and Reuse Plan to the building official unless a C&D Debris Recycling Reuse Plan for the project is already on file with the city and within thirty days following project completion.
2. A C&D Debris Recycling and Reuse Plan must contain all of the following information:
1. The name and address of the person applying for the permit;
2. Unless waived by the building official or designee, evidence that the owner or owners of the subject property acknowledge that they are aware of and understand that a violation of any provision of this chapter may result in the imposition of penalties and that any unpaid penalties imposed may be declared a lien on the subject property;
3. A description of the project, including location, scope, required permit(s) and estimated timeline for completion of the project;
4. The intended salvage, reuse and recycling facilities, chosen from a list of facilities approved by the city, to use, collect or receive all construction and/or demolition debris from the project;
5. The names and addresses of all vendors and facilities proposed to be used to collect, receive, dispose, recycle, reuse or salvage the project C&D debris;
6. The recycling or reuse percentage rate, as applicable, of each vendor and facility proposed to be used to recycle or reuse the project C&D debris.
Chapter 8.32.070
Evidence Of Compliance With C And D Debris Recycling And Reuse Plan
1. A C&D Debris Recycling and Reuse Plan shall be approved or denied no later than thirty days after a complete application is made.
2. Notwithstanding any other provision of this chapter, no permit shall be issued for any covered project unless and until the C&D Debris Recycling and Reuse Plan has been approved.
1. All of the information has been remitted on the C&D Debris Recycling and Reuse Plan.
January 24, 2023 Regular Meeting of the Lindsay City Council
2. The C&D Debris Recycling and Reuse Plan establishes a mechanism such that the diversion requirement shall be met.
3. If the director determines that the C&D Debris Recycling and Reuse Plan application is incomplete or fails to indicate that one hundred percent of inert solids and at least fifty percent by weight of all construction and demolition debris generated by the project will be reused or recycled, he or she shall either:
1. Return the C&D Debris Recycling and Reuse Plan application to the building official marked "Denied," including a statement of reasons, which shall then immediately stop processing the building or demolition permit application; or
2. Return the C&D Debris Recycling and Reuse Plan to the building official marked "Further Explanation Required."
4. Within thirty days following project completion, a final compliance report containing the following information and documentation must be submitted to the building official, listing every vendor or facility that collected, transported or received any C&D debris.
1. Copies of receipts from every vendor or facility that collected, transported or received any C&D debris. Each receipt must specify the weight of any project C&D debris handled by the vendor or facility and must clearly demonstrate that all such C&D debris originated from the project site;
2. A calculation of the actual percentage, determined by weight, of the project C&D debris that was recycled or reused for each vendor or facility that collected, transported or received material;
3. A description of the manner in which the project C&D debris was recycled or reused and the names and addresses of all vendors and facilities employed in the recycling or reuse of project C&D debris including the recycling or reuse rate of each vendor or facility, as applicable.
5. Failure to accurately account for and submit the required documentation for all project C&D debris in the final compliance report constitutes a violation of this chapter.
Chapter 8.32.080
Diversion Requirements Exemption
1. Application. If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with established diversion requirements, the applicant may request, in writing, an exemption from one or all of the waste diversion requirements during the building permit process.
January 24, 2023 Regular Meeting of the Lindsay City Council
2. Meeting with Director. The director, or designee, shall review all exemption request information supplied by the applicant and may meet with the applicant to assess alternative ways of meeting waste diversion requirements. Based on the information supplied by the applicant, the director, or designee, shall determine whether it is possible for the applicant to meet any or all of the diversion requirements of the project.
3. Granting of Exemption. If it is determined that it is infeasible for the applicant to meet all of the diversion requirements specified herein, the director, or designee, shall determine alternate permit conditions and the building official will inform the applicant, in writing, of any such alternative requirements.
Chapter 8.32.090
On-Site Practices
During the term of the covered project, the applicant shall, according to the applicant's C&D Debris Recycling and Reuse Plan, recycle, reuse or divert the required percentages of waste, and keep records of the tonnage. To the maximum extent feasible, project waste shall be source separated on-site to increase diversion.
During the term of the demolition or construction project, the contractor shall recycle or divert the required percentages of materials, and keep records thereof in tonnage or in other measurements approved by the community development director or designee that can be converted to tonnage. The community development director or designee will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and/or reused from the project.
The diversion of a minimum of the required percentages of the C&D debris shall be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved.
To the maximum extent feasible, on-site separation of scrap wood and clean green waste in a designated debris box or boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and grinding machinery, metal and other materials that cannot be chipped or ground shall not be placed in such boxes.
To the maximum extent feasible on new construction, on-site separation shall be undertaken for gypsum wallboard, dimensional lumber and cardboard.
January 24, 2023 Regular Meeting of the Lindsay City Council
To the maximum extent feasible on demolition and construction sites, designated recyclable and reusable materials shall be kept separate from non-recyclable/nonreusable materials.
Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction.
Chapter 8.32.100
Reporting
1. Progress reports during construction may be required.
2. All documentation is subject to verification by the city.
3. It is unlawful for any person to submit documentation to the city under this chapter which that person knows to contain any false statements, including, but not limited to, false statements regarding tonnage of materials recycled or diverted.
Within sixty (60) days following the completion of the demolition portion, the contractor shall submit documentation to the building division that complies with the requirements of this chapter.
For construction projects, as a condition prior to final inspection and to approval of final inspection, the contractor shall submit to the building division documentation that complies with the requirements of this chapter.
The documentation shall consist of a final completed form showing actual tonnage data for recycled and diverted materials, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, or salvaged.
Any deposit posted shall be forfeited if the permittee does not furnish required reports within the time reporting requirements of this section.
On an annual basis, the Director of City Services & Planning or designee shall compile a report that, at minimum, describes the number and type of permits issued, the number and type of projects covered by diversion requirements, the total tonnage generated and the estimated diversion resulting from these projects.
January 24, 2023 Regular Meeting of the Lindsay City Council
Chapter 8.32.110
Enforcement
The director or his designee shall administer this chapter and shall enforce the requirements of this chapter, including, but not limited to, the authority to order that work be stopped where any work is being done contrary to the provisions of this chapter.
Chapter 8.32.120
Violations And Penalties
Applicants must comply with all city codes prior to any permit being issued under this chapter.
In addition to any other remedy authorized by this chapter or applicable law, any of the provisions of this chapter shall be subject to an administrative penalty, enforcement, and collection proceedings, as set forth in Chapter 1.18 of the Lindsay Municipal Code this chapter and authorized by Section 53069.4 of the California Government Code. Each day of a continuing violation constitutes a separate violation.
Chapter 8.32.130
Appeal
The applicant may file an administrative appeal as set forth in Chapter 1.18.080 of the Lindsay Municipal Code.
1. Except as herein provided, all appeals of decisions made by the building official or the director, or designee, on matters set forth in this chapter shall be subject to the provisions of the Lindsay Municipal Code.
2. Within ten calendar days after the date on which written notice of the decision is mailed or delivered to the owner, applicant or other interested party, the owner, applicant, other interested party or his authorized agent may appeal to the city council for review of the decision. The decision shall be final unless such an appeal is filed within ten calendar days of the mailing or delivery of notices to the applicant.
3. At the time of filing the appeal, the appellant shall pay a fee in an amount adequate to cover the cost of processing and hearing the appeal as established from time to time by resolution of the city council.
Chapter 8.32.140
January 24, 2023 Regular Meeting of the Lindsay City Council
C And D Debris Recycling And Reuse Plan
Applicants must comply with city ordinance code Section 8.32.060 et seq. prior to any permit being issued under this chapter.
Chapter 8.32.150
Information required before Issuance of a Permit
Applicants for projects affected under this chapter shall accurately estimate the tonnage of C&D debris to be generated from the project, and a waste management plan as required by Cal Green for diverting materials generated by the project, on a form or forms provided by the city, and submit the form(s) to the building division, as a portion of the building permit process. Approval of complete and accurate form(s) and waste management plan shall be a condition precedent to issuance of any building permit for a construction or demolition project.
Chapter 8.32.160
Administrative Fee
As a condition precedent to issuance of any permit for construction or demolition for a covered project, the applicant shall pay to the city a cash fee sufficient to compensate the city for all direct and indirect expenses incurred in administering the permit. The amount of this fee shall be in an amount which is set by Resolution of the City Council.
Chapter 8.32.170
On-Site Practices
During the term of the demolition or construction project, the contractor shall recycle or divert the required percentages of materials, and keep records thereof in tonnage or in other measurements approved by the community development director or designee that can be converted to tonnage. The Director of City Services & Planning or designee will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and/or reused from the project.
The diversion of a minimum of the required percentages of the C&D debris shall be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved.
To the maximum extent feasible, on-site separation of scrap wood and clean green waste in a designated debris box or boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and January 24, 2023 Regular Meeting of the Lindsay City Council
grinding machinery, metal and other materials that cannot be chipped or ground shall not be placed in such boxes.
To the maximum extent feasible on new construction, on-site separation shall be undertaken for gypsum wallboard, dimensional lumber and cardboard.
To the maximum extent feasible on demolition and construction sites, designated recyclable and reusable materials shall be kept separate from non-recyclable/nonreusable materials.
Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction.
Chapter 8.32.190
Responsible Party
Every applicant and/or owner of property on which a covered project occurs shall be responsible for compliance with the provisions of this chapter.
All other code sections of Title 8 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, January 24, 2023 Regular Meeting of the Lindsay City Council
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Lindsay hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 7. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate, contradict or otherwise conflict with, applicable State and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Lindsay Municipal Code as amended by this ordinance are substantially the same as provisions in the Lindsay Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
SECTION 8. EFFECTIVE DATE. The foregoing ordinance shall take effect 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 __________________ 2023.
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
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Hipolito A. Cerros, Mayor
ATTEST:
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January 24, 2023 Regular Meeting of the Lindsay City Council
Francesca Quintana, City Clerk
January 24, 2023 Regular Meeting of the Lindsay City Council