Lindsay City Council
February 14, 2023

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.

February 14, 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.

February 14, 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:

February 14, 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.

February 14, 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.

February 14, 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.

February 14, 2023 Regular Meeting of the Lindsay City Council

1400 K Street, Sacramento, CA 95814
(916) 658-8200 | Fax (916) 658-8240
www.cacities.org
To order additional copies of this publication, call (916) 658-8200. $10
© 2011 League of California Cities. All rights reserved.

Printed on recycled paper.

February 14, 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
February 14, 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.

February 14, 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.

February 14, 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.

February 14, 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.

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 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 February 14, 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 February 14, 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 February 14, 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
February 14, 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

10.5 MEETING DATE: February 14, 2023

ACTION & RECOMMENDATION
Second 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.

Staff recommends that based on the approval of the first reading of Ordinance No. 605 (with no amendments) at the January 24, 2023, Regular Meeting of the Lindsay City Council, Council should approve the second reading of said ordinance. The new codes will be effective 60 days from the second reading.

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.

The City Council approved the first reading of Ordinance No. 605 (with no amendments) at the January 24, 2023, regular meeting.

FISCAL IMPACT
No fiscal impact associated with this action.

ATTACHMENTS
x Ordinance No. 605 – Redline Copy
February 14, 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:

February 14, 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:

February 14, 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.

February 14, 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; February 14, 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.

February 14, 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.

February 14, 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.

February 14, 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.

February 14, 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:

February 14, 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 February 14, 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.

February 14, 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.

February 14, 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.

February 14, 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.

February 14, 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
February 14, 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 February 14, 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, February 14, 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
________________________________________
Hipolito A. Cerros, Mayor
ATTEST:
____________________________________
February 14, 2023 Regular Meeting of the Lindsay City Council

Francesca Quintana, City Clerk
February 14, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT

TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 10.6
MEETING DATE: February 14, 2023

ACTION & RECOMMENDATION
Consider the Minute Order Approval of Addendum No. 1 to Agreement Between the City of Lindsay and VL Friday Night Market for Services Regarding the Friday Night Market and Authorize City Manager to Execute Any Documents Thereto.

Staff recommends that Council approve Addendum No. 1 to the agreement with VL Friday Night Market to ensure successful continuity in Market Operations for the next year.

BACKGROUND | ANALYSIS
At the February 08, 2022, Regular Meeting of the Lindsay City Council, the Council approved the contract with VL Friday Night Market (“Operator”) attached to this report for services regarding the Friday Night Market in downtown Lindsay. The Operator began operating the Friday Night Market that Spring and continued through November of 2022.

Throughout the Markets run in 2022, the Operator remained in good standing and abided by the provisions listed within Section I of the agreement.

Section II of the agreement states that ‘the term of the agreement shall commence on the effective date and continue for a period of one (1) year from the date of the first Market, and subject to extension if circumstances necessitate it and Parties agree to it in writing’. The Operator held the first Market on April 29, 2022, meaning that the agreement is expected to end on April 29, 2023.

FISCAL IMPACT
No fiscal impact to take this action. The City will benefit from a fee of $2,500 per market session which is deposited into FUND 347050 FRIDAY NIGHT MARKET.

ATTACHMENTS
x Agreement Between the City of Lindsay and VL Friday Night Market x Addendum to Agreement Between the City of Lindsay and VL Friday Night Market February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT

TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 10.7
MEETING DATE: February 14, 2023

ACTION & RECOMMENDATION
Consider the Minute Order Approval of Proposed City Hall Closure for One (1) City Hall Cleanup Day on Friday, March 17, 2023.

Staff recommends that Council approve the March 17, 2023, City Hall cleanup day and closure to the public.

BACKGROUND | ANALYSIS
Mid-Valley Disposal has agreed to donate two roll-off dumpsters: one (1) for the disposal of hard materials and one (1) for the disposal of papers/trash for a City Hall cleanup day. City Hall is in dire need of a cleanup of its offices, public spaces, and storage areas.

City Staff would like to close City Hall to the public from 8:00 AM – 5:00 PM on Friday, March 17, 2023, to allow staff to perform an extensive cleanup. Staff proposes the March 17th date to minimize the impact on departments day-to-day operations. This cleanup day would be solely for City Hall cleanup purposes, and roll-off dumpsters would not be available for use by the public.

FISCAL IMPACT
No fiscal impact associated with this action. Roll-off dumpsters will be donated for one (1) day use by Mid Valley Disposal.

ATTACHMENTS
x None
February 14, 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

10.8 MEETING DATE: February 14, 2023

ACTION & RECOMMENDATION
Consider the Minute Order Approval of Finding that Linda Vista Street Rehabilitation Project is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15301 Class 1 CEQA Guidelines and Direct City Clerk to File a Notice of Exemption (NOE).

BACKGROUND | ANALYSIS
California Environmental Quality Act (CEQA) requires all public agencies to review projects and programs for any environmental impact which may occur with the implementation of such project or program. The Linda Vista Street Rehabilitation Project is classified as an exempt project under CEQA Section 15301 Class 1 whose criteria is written below.

Class 1
Consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of "existing facilities" are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use.

FISCAL IMPACT
$58.00 fee to file Notice of Exemption (NOE) with the County recorder to be sourced from 1014070- 037000 COM DEV OTHER SERVICES & CHARGES FUND.

ATTACHMENTS
x Completed NOE Form
February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Nicholas Nave, Public Safety Lieutenant
DEPARTMENT: Public Safety
ITEM NO.: 10.9
MEETING DATE: February 14, 2023

ACTION & RECOMMENDATION
Consider Minute Order Approval of Purchase of Five (5) 2023 Ford Explorer Interceptor Police Vehicles and Recognize Phil Long Ford of Denver, LLC. as a Sole-Source Provider for the Purchase.

Pursuant to the City’s Procurement Policy and California Government Code, Staff recommends that Council approve the purchase of five (5) police vehicles, and recognize Phil Long Ford of Denver, LLC as the sole-source provider based on the following: the ordering window for the 2023 model year has long been closed, bids cannot be solicited for vehicles that can no longer be ordered (the 2023 year model) by any dealership, the City has not received an updated date of manufacture or delivery on the original order from Monarch Ford.

BACKGROUND | ANALYSIS
The Department of Public Safety has been struggling with aged and failing vehicles for several years. This deficiency was mentioned in the California State Audit Report 2020-804 and in response, the City put a fleet procurement and replacement plan in place to address the ongoing concerns of fleet reliability.

On August 25, 2021, the City issued a Request for Proposals (RFP) for the purchase of several new police vehicles. On October 26, 2021, the City Council awarded the contract to Monarch Ford of Exeter, California. At that time, the Department of Public Safety was provided an estimated delivery date of April 2022 for the vehicles. Due to the worldwide supply chain shortage surrounding certain components across several industries including the automotive industry, the Department of Public Safety was aware there was a potential for a delay in the delivery of these units. However, the department still does not have an updated date of manufacture or delivery, and Monarch Ford has been less than responsive to requests for updated status reports of the 2021 order. Since then, the Department of Public Safety has lost additional vehicles due to excessive repair costs associated with ten (10) to fifteen (15) year-old fleet vehicles with 150,000+ miles on them and is in dire need of vehicles that are safe for its employees and provide basic service to the public.

Phil Long Ford of Denver, LLC currently has sixteen (16) 2023 Ford Explorer Police Interceptors on order, nearly identical to the specifications of the original awarded order. These vehicles have been assigned February 14, 2023 Regular Meeting of the Lindsay City Council

Vehicle Identification Numbers by the manufacturer, which indicates they will build shortly. Several of these vehicles are spoken for already, as the ordering window for the 2023 model year has long been closed, and the 2024 ordering window will not open until September of 2023. Phil Long of Denver, LLC has provided a quote of $241,575.00 for five (5) Police Interceptors, which includes the additional cost of having them shipped to our vehicle upfitter in San Diego, California. It is estimated that if purchased through Phil Long Ford of Denver, LLC, the vehicles could be on the road in Lindsay by June of 2023.

Staff is requesting that Council approve this purchase and recognize Phil Long Ford of Denver, LLC as the sole-source provider based on the following: the ordering window for the 2023 model year has long been closed, bids cannot be solicited for vehicles that can no longer be ordered (the 2023 year model) by any dealership, the City has not received an updated date of manufacture or delivery on the original order from Monarch Ford, and the dealership has been less than responsive to requests from the City.

FISCAL IMPACT
There is an approximately $9,000.00 difference in the price of each these vehicles, as opposed to the original 2021 Monarch Ford order, which represents an additional fiscal impact of approximately $50,000.00. This entire purchase, however, including upfitting is expected to be covered nearly 100% by Senator Hurtado’s directed funding from 2021.

ATTACHMENTS
x Quote from Phil Long Ford of Denver, LLC
February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 11.1
MEETING DATE: February 14, 2023

ACTION & RECOMMENDATION
Consider Approval of Resolution 23-05, A Resolution of the City Council of the City of Lindsay Proclaiming a Local Emergency, Ratifying the Proclamation of a State Emergency by Governor Newsom on March 4, 2020, and Authorizing a Hybrid Meeting Format of the Legislative Bodies of the City of Lindsay to Allow Attendance In Person or Teleconference Pursuant to Government Code Section 54953(e)(3) until February 28, 2023 and Information on Newly Passed Assembly Bill 2449.

BACKGROUND | ANALYSIS
Prior to the COVID-19 pandemic, the Brown Act placed strict requirements on teleconferencing at public meetings. When California entered into a state of emergency due to the COVID-19 pandemic, Governor Newsom loosened the Brown Act restrictions for teleconferencing meetings. However, Governor Newsom’s executive order expired on September 30, 2021, which led to the passage of AB 361.

AB 361 similarly loosens the restrictions on teleconferencing under the Brown Act in times when there is a state of emergency. AB 361 states that when California is in a state of an emergency, the typical teleconferencing rules under the Brown Act do not apply.

On June 14, 2022, the Lindsay City Council was asked to consider the future meeting format of the legislative bodies of the City of Lindsay. The City Council found that there is still a state of emergency that impacts the ability of members to safely meet in person and approved a hybrid meeting format moving forward. The City will have to abide by the rules set forth in AB 361. AB 361 requires that the agenda for virtual or teleconferenced meetings must: (1) give notice of the means by which members of the public may access the meeting and offer public comment; and (2) identify and include an opportunity for all person to attend via a call-in option or an internet-based service option. Additionally, if there is a disruption which prevents members of the public from offering public comments using the call-in option or internet-based service option, the City Council shall take no further action on items appearing on the meeting agenda until public is restored. The City Council cannot require that public comments be submitted in advance of the meeting and must provide an opportunity for the public to offer comment in real time. Lastly, the City Council must make findings via a resolution that there is either a state of emergency or there are local social distancing measures in place. These findings must be made no later than 30 days after the first teleconferenced meeting. Further, every 30 days after the City Council must find that it reconsidered the circumstances of the state of emergency and that one of the following February 14, 2023 Regular Meeting of the Lindsay City Council

circumstances exist: (1) the emergency continues to directly impact the ability of members to safely meet in person, or (2) state or local officials continue to impose or recommend measures to propose social distancing.

Because the City Council will hold a hybrid meeting and utilize teleconference at the regular City Council meeting held on February 14, 2023, it must pass this resolution in order to comply with AB 361.

The Governor’s State of Emergency will end on February 28, 2023, which means that the AB 361 City Council Resolution will no longer be necessary. However, newly passed AB 2449 will allow teleconferencing to continue without being subject to the stringent Brown Act rules prior to COVID. There are many requirements under AB 2449 to teleconference and it is only allowed in very limited circumstances. These requirements are summarized below.

Quorum
x Quorum must meet in-person from single physical location open to public.

Remote Participation by Member of Body
x Only permitted if:

1. Just Cause (childcare; contagious illness; physical/mental disability; travel while on official business of body/state or local agency).
ƒ Member may utilize only 2 times per year.
ƒ Member must provide a general description of the circumstances relating to their need to appear remotely at the given meeting.

Or

2. Emergency Circumstances (physical/family medical emergency). ƒ Requires a separate request to the body for each remote meeting & body must act on the request.
ƒ The body must request a general description of the circumstances relating to the member’s need to appear remotely at the given meeting.

And
ƒ Member must adhere to the following requirements to participate remotely:
x Must disclose if a person 18 years or older is present in room and member’s relationship with the individual.
x Must participate through both audio & visual technology (not only by phone).
x A member may not participate remotely more than three (3) consecutive months or 20% of the regular meetings for the local agency within a calendar year, or more than two (2) meetings if the legislative body regularly meets less than 10 times per calendar year.

February 14, 2023 Regular Meeting of the Lindsay City Council

FISCAL IMPACT
No fiscal impact associated with this action.

ATTACHMENTS
x Brown Act Remote Participation Rules Table
x Resolution No. 23-05
February 14, 2023 Regular Meeting of the Lindsay City Council

Brown Act Remote Participation
Rules
Traditional Brown
Act
AB 2449 AB 361
Expiration N/A 01/01/2026 Officially
01/01/2024 but,
ends when State
of Emergency is
lifted on
02/28/2022
Quorum Quorum must meet
from locations within
City boundaries
Quorum must meet inperson from single physical
location open to public
Quorum can meet
from any remote
location
Notice
&
Agenda
Must identify each
physical
teleconference
location
Must post 72 hours
prior to regular
meeting at every
teleconference
location
Must include remote
meeting link & procedure
for receiving & resolving
requests for
accommodation
Identify single publiclyaccessible physical location
where quorum will meet
Must contain
remote meeting
link & information
about
participating.

Must be renewed
monthly
Publi
c
Acce
ss
Must provide public
access to each
teleconference
location
Must provide public
access to the single
physical location
Must provide
callin/internetbased service
option
Must provide public
the opportunity to
address the body
from each
teleconference
location
Must provide public with
remote access through
two- way audiovisual
platform or telephonic
service & live
webcasting of meeting
February 14, 2023 Regular Meeting of the Lindsay City Council

Remote
Participati
on by
Member
of Body
OK Only permitted if:

Just Cause
(childcare; contagious
illness; physical/mental
disability; travel while on
official business of
body/state or local agency)
- Member may utilize
only 2x/year
- Member must provide
a general description of
the circumstances
relating to their need to
appear
remotely at the given
meeting
Or
Emergency Circumstances
- (physical/family medical
emergency)
- Requires a separate
request to the body for
each remote meeting &
body must act on the
request
- The body must
request a general
description of the
circumstances relating
to the member’s need
to
appear remotely at the
given meeting
And
Member must adhere to
the following requirements
to
participate remotely:
- Must disclose if a
person 18 years or older
OK
February 14, 2023 Regular Meeting of the Lindsay City Council

is present in room +
member’s
relationship w/individual
- Must participate
through both audio &
visual
technology (not only by
phone)
- A member may not
participate remotely
more than 3 consecutive
months or 20% of the
regular meetings for the
local
agency within a calendar
year, or more than 2
meetings if the legislative
body regularly meets <10
times per calendar year.

February 14, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-05

NUMBER 23-05
TITLE

MEETING

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY

PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE

PROCLAMATION OF A STATE EMERGENCY BY GOVERNOR
NEWSOM ON MARCH 4, 2020, AND AUTHORIZING A HYBRID

MEETING FORMAT OF THE LEGISLATIVE BODIES OF THE CITY OF

LINDSAY TO ALLOW ATTENDANCE IN PERSON OR

TELECONFERENCE PURSUANT TO GOVERNMENT CODE SECTION
54953(E)(3) UNTIL FEBRUARY 28, 2023
At a regularly scheduled meeting of the City of Lindsay City Council held on February 14, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City of Lindsay is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Lindsay’s legislative bodies are open and public, as required by the Ralph M. Brown Act, so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, state and local officials have imposed and recommended social distancing measures in the City of Lindsay, and with the COVID-19 pandemic still surging meeting in person would present imminent risk to health and safety of attendees; and

February 14, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-05

WHEREAS, as a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City of Lindsay shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953 until the state of emergency ends.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the City Council hereby proclaims that a local emergency now exists throughout the City, and local and state orders impose and recommend social distancing in the City of Lindsay, and with the COVID-19 pandemic still surging meeting in person would present imminent risk to health and safety of attendees.

SECTION 3.

SECTION 4.

SECTION 5.

SECTION 6.

The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

The staff and legislative bodies of the City of Lindsay are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the adoption of this Resolution; or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Lindsay may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

In compliance with AB 361 and newly passed Assembly Bill 2449, this Resolution shall be in effect until the state of emergency ends on February 28, 2023.

February 14, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-05

SECTION 7. The Lindsay City Council hereby understands that under AB 2449, the legislative bodies of the City of Lindsay may only teleconference under the provisions specified within AB 2449.

PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:

MEETING DATE February 14, 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
February 14, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Stephanie Orosco, Interim Recreation Services Director Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: Recreation/Wellness, City Clerk, and City Manager ITEM NO.: 11.2
MEETING DATE: February 14, 2023

ACTION & RECOMMENDATION
Consider Minute Order Approval of Job Description for Lead Lifeguard Position.

Staff recommends that Council approve the Seasonal Lead Lifeguard job description so that Staff may begin the recruitment process.

BACKGROUND | ANALYSIS
The Lead Lifeguard is a seasonal position who will work under the broad direction of the Recreation Services Director or their designee. The City plans to begin recruitment efforts for Two (2) Lead Lifeguards as soon as possible, assuming the job description is approved by the City Council.

The essential duties and responsibilities of the Lead Lifeguard includes, but is not limited to:
x Supervise staff. Program supervision includes, but is not limited to: Lap Swim, Masters Swim, Water Exercise, Swim Team practices, Recreation Swim, Swim Lessons, Water Polo, Private Parties and special facility events.
x Ensure that safety standards, sanitary requirements and regulations are enforced. x Assist in the planning, organization, set up and tear down of accommodations for special events and facility rentals and
x Handle registration and general daily functions of the aquatics facility. x Maintain a clean and safe work area, which may include monitoring pool chlorine levels.

Associated benefit with this position include 24 hours of sick leave time available after 90 days of employment with no additional benefits unless required by law. It is the policy of the City of Lindsay to screen for any potential conflicts of interest in the recruitment process and adequately mitigate against the appearance of any bias, real or perceivable.

FISCAL IMPACT
The fiscal impact for each Lead Lifeguard is $6,000 per position per season and would be sourced from FUND 400 – WELLNESS CENTER ENTERPRISE FUND.

February 14, 2023 Regular Meeting of the Lindsay City Council

ATTACHMENTS
x Lead Lifeguard Job Description
February 14, 2023 Regular Meeting of the Lindsay City Council

City of Lindsay
Job Description
Lead Lifeguard

Class Title: Lead Lifeguard Salary: Tier 1: $16.75 – $21.11 Hourly Tier 2: $16.75 – $19.36 Hourly
Department: Wellness/Recreation Step Range: 1-7
Location: 860 N. Sequoia
Lindsay, CA 93247
Status: Seasonal
Date: MM/DD/YYYY Union: None
GENERAL PURPOSE:

Under supervision, supervise, train, schedule and evaluate the staff assigned to the swimming facility; perform lifeguard and related duties; provide swimming instruction; manage the operation of pool; and perform other duties as required.

SUPERVISION RECEIVED:

Works under the general supervision of the Recreation Services Director or their designee.

SUPERVISION EXERCISED:

Supervision exercised over Seasonal Lifeguards.

ESSENTIAL DUTIES AND RESPONSIBILITIES:
x Supervise, organize, motivate, assist with hiring, schedule and evaluate the staff; x Ensure that safety standards, sanitary requirements and regulations are enforced; x Prepare and maintain routine reports on staff and operations; x Prepare staff schedules;
x Ensure the planning of aquatic events and/or parties are in compliance with City policies; x Supervise the care and maintenance of swim lesson and lifesaving equipment; x Inventory equipment and supplies;
x Enforce water safety rules and regulations;
x Perform rescues;
x Perform first aid and resuscitation;
x Act as a liaison between the public, staff, and office personnel; x Suggest program improvements;
x Supervise routine maintenance;
x Plan and facilitate staff meetings and in-service training; x Handle registration and general daily functions of the aquatics facility; x Notify supervisors of disturbances, emergencies and staff performance problems; x Open and close swimming facility;
x Assist in the planning, organization, set up and tear down of accommodations for special events and facility rentals and
x Assist supervisors as requested.

February 14, 2023 Regular Meeting of the Lindsay City Council

City of Lindsay
Job Description
Lead Lifeguard

PERIPHERAL DUTIES:
x May supervises the work of volunteers, Aquatic Aides, and Instructors at the aquatic center.

ABILITY TO:
x Remain vigilant and act quickly in making rescues and rendering aid; x Perform rescues under difficult conditions;
x Enforce water safety standards and departmental regulations; x Instruct staff in department policies and the enforcement of rules; x Supervise staff. Program supervision includes, but is not limited to: Lap Swim, Masters Swim, Water Exercise, Swim Team practices, Recreation Swim, Swim Lessons, Water Polo, Private Parties and special facility events;
x Provide leadership and motivate staff;
x Train and evaluate staff;
x Maintain effective relations with the public and staff; x Communicate effectively with public and staff;
x Independently make decisions;
x Read, understand and explain County policies and procedures; x Maintain records and periodic reports;
x Perform simple arithmetic calculations to make change; x Maintain a clean and safe work area, which may include monitoring pool chlorine levels; x Accept constructive criticism and direction from supervisors; x Motivate program participants;
x Effectively deal with stressful and emergency situations; x Swim 300 yards continuously per lifeguard training prerequisites; x Tread water for two minutes per lifeguard training prerequisites; x Administer first aid;
x Perform tasks requiring physical strength and/or stamina to effectively rescue victims, administer first aid, and CPR;
x Perform work, which involves frequent lifting, pushing and pulling of heavy objects; x Hear and distinguish a variety of sounds in a noisy environment such as participants in need of assistance, whistles, or co-workers requesting assistance in a rescue effort; x See program participants in need of assistance from any distances; x Speak loudly to warn program participants of impending danger; x Successfully complete all training provided by the department.

February 14, 2023 Regular Meeting of the Lindsay City Council

City of Lindsay
Job Description
Lead Lifeguard

DESIRED MINIMUM QUALIFICATIONS:

Education and Experience:

Any combination of experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:
(A) 520 hours of lifeguard experience.
(B) 260 hours of swimming instruction experience or
(C) Any equivalent combination of education and experience.

SPECIAL REQUIREMENTS:
x Possession of or the ability to obtain a valid California Driver's License by time of appointment. x Possession of a current American Red Cross Lifeguard Training Certificate and a current CPR Certificate. Acceptable Lifeguard and CPR Certifications include:
o American Red Cross Lifeguarding/First Aid/CPR/AED or
o American Red Cross Lifeguarding/First Aid with
o The American Red Cross CPR for the Professional Rescuer or o The American Heart Association Basic Life Support (BLS) for the Healthcare provider or o The American Red Cross CPR – AED for Lifeguards
TOOLS AND EQUIPMENT:

Motor vehicle, mobile radio, phone, calculator, computer and computer.

PHYSICAL DEMANDS:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is regularly required to use hands to finger, handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee frequently is required to stand, walk; talk and hear; sit; climb or balance; stoop or kneel. The employee is occasionally required to crouch or crawl; and smell.

Work hours are based on seasonal conditions. Flexible work hours or shifts are possible (5 day work week) with weekend hours. The employee must frequently lift and/or move up to 50 pounds and occasionally lift and/or move up to 75 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, depth perception, and the ability to adjust focus.

WORK ENVIRONMENT:

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

February 14, 2023 Regular Meeting of the Lindsay City Council

City of Lindsay
Job Description
Lead Lifeguard

While performing the duties of this job, the employee occasionally works in outside weather conditions.

The employee occasionally works near moving mechanical parts and is occasionally exposed to wet and/or humid conditions.

Exposure to variable temperatures and weather conditions; strong and unpleasant odors and fumes such as chlorine; noise from children; allergens such as poison oak, pollen, and bee stings; pool chemical fluctuations which might cause irritation to eyes and skin; and the possibility of administering first aid which may involve exposure to infections which might cause chronic disease or death.

The noise level in the work environment is usually moderately loud.

SELECTION GUIDELINES & APPLICATION PROCESS:

Formal employment application must be submitted, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change.

Appointment is subject to successfully passing a pre-employment physical, live-scan, background, and criminal history check. Before starting work, applicants must present documentation of their identity, authorization to work in the United States and a DMV driving record.

BENEFITS:

Seasonal, hourly, 24 hours of Sick Leave available after 90 days, no additional benefits (unless required by law).

Tier 1 (Employees hired prior to 07/01/2018): $16.75 – $21.11 Hourly Tier 2 (Employees hired after 07/01/2018): $16.75 – $19.36 Hourly Please view the City of Lindsay website Human Resource page for further benefit details.

COVID-19 CONSIDERATIONS:

Protecting the health and safety of our communities including our teams and of those considering a career with the City of Lindsay is our highest priority. We continue to closely monitor the evolving situation and we appreciate your understanding and flexibility with any related changes to our interviewing process. Those selected to interview will be contacted via email with instructions for a virtual or physical interview. The City of Lindsay is committed to doing everything we can to keep our staff and community safe and it will continue to adhere to all CAL/OSHA COVID-19 Emergency Temporary Standards.

February 14, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT

TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 11.3
MEETING DATE: February 14, 2023

ACTION & RECOMMENDATION
Consider Date for Special Meeting of the Lindsay City Council to Tour City Water & Sewer Facilities.

Staff recommends that Council consider their availability and pick one of the following dates to hold the Special Meeting: Friday, February 11, 2023, Friday, February 24, 2024, or Saturday, February 25, 2023, from 8:30 AM – 12:30 PM.

BACKGROUND | ANALYSIS
City Staff would like to schedule an upcoming Special Meeting of the City Council conducted pursuant to California State Law. This would be an informational meeting with the purpose of conducting a tour of the City’s water and sewer facilities. The tentative and proposed locations of this tour would be as follows: 1) Friant Water Canal, 2) Water Treatment Plant, 3) Water Tank, 4) Sewer Lift Stations, 5) Well 11, 6) Well 14 &15, and 7) Wastewater Treatment Plant.

Tulare County Regional Transit Agency (TCRTA) has graciously offered to provide an all-electric bus to serve as transportation to and from each tour location. TCRTA will provide the bus with driver at no cost to the City.

Staff asks that Council consider their availability and pick one of the following dates to hold the Special Meeting: Friday, February 11, 2023, Friday, February 24, 2024, or Saturday, February 25, 2023, from 8:30 AM – 12:30 PM.

FISCAL IMPACT
No fiscal impact associated with this action. The City will not incur any costs for transportation to and from each tour location.

ATTACHMENTS
x None.

February 14, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Neyba J Amezcua, Director of City Services & Planning DEPARTMENT:

ITEM NO.:

City Services & Planning

11.4 MEETING DATE: February 14, 2023

ACTION & RECOMMENDATION
Special Event Permit No. 23-01
A. Consider Application for Special Event Permit (SEP) No. 23-01 for a Brewfest at Olive Bowl/Kaku Park Located at Accessor’s Parcel Numbers (APNs) 205-320-001 & 205-030-044 on March 18, 2023
B. Consider Fee Waiver for Special Event Permit (SEP) No. 23-01 for a Brewfest at Olive Bowl/Kaku Park Located at Accessor’s Parcel Numbers (APNs) 205-320-001 & 205-030-044 on March 18, 2023
BACKGROUND | ANALYSIS
Part A: Brewfest Event Application
The Lindsay Chamber of Commerce (“Applicant”) submitted a Special Event Permit application on January 17, 2023, to hold a Brewfest event at the Olive Bowl/Kaku Park on March 18, 2023. Based on the information provided within the application, the event has been classified as a ‘Category V’ event.

Event Details:

Type of Event: Brewfest
Event Date: March 18, 2023
Hours: 2:00 PM to 6:00 PM
Setup Hours: 11:00 AM to 2:00 PM
Breakdown Hours: 6:00 PM to 9:00 PM
Location: Olive Bowl/Kaku Park
City Facility/Park Use: ܈YES ܆NO
Number of Attendees: 650
Alcohol sale: ܈YES ܆NO
Food truck & Merchandise Vendors: Up to 20 total
Car show: Loyalty Car Club (Approx. 20 cars)
February 14, 2023 Regular Meeting of the Lindsay City Council

Music: ܈Live bands ܈ DJ ցStage
Specialty Attraction(s): Mechanical Bull Ride
Requirements:
x Site Plan (attached to this report).
x Circulation & Parking Plan. There will be sufficient parking spots available for this event (attached to this report).
x Waste Plan. Mid-Valley will be providing the following services (confirmation attached to this report).

1. 2 – 3 Yard Trash Bins

2. 2 – 3 Yard Recycle Bins

3. 8 – 64 Gallon Trash Cans

4. 4 – 64 Gallon Recycle Cans

5. 3 – 64 Gallon Green Waste Cans for Food Vendors
x Restrooms. The event will use the existing restrooms at the Olive Bowl/Kaku Park, and applicant will provide the following to supplement the existing restrooms.

1. Men:
a. 1 Regular Portable Toilet
b. 1 Regular Portable Sink

2. Women:
a. 5 Regular Portable Toilets
b. 1 Regular Portable Sink
x Marketing/Advertising/Promotions. The applicant has provided a draft of their Flyer (attached to this report). The applicant is also requesting the use of City property to place event banners at the following locations.

1. Windmill

2. City Sign

3. Soccer Field
x Safety Plan: Per Lt. Nave (Department of Public Safety), this event will require six (6) security guards, in addition to two (2) Public Safety Officers assigned to this event for the entire duration of the event. The Applicant has contracted with Topknotch Security for a total of fifteen (15) security guards.
x Alcohol Management. All attendees I.D.’s will be verified upon entry and no minors will be allowed into the event.
x Indemnity (attached to this report).
x *Insurance. This event is required to provide the following.

1. $1 Million in Liquor Liability Insurance

2. $2 Million in General Liability and $3 Million in Aggregate Insurance x Inspections. Fire Department & Building and Safety Inspections will need to be conducted the day of the event.
*Please note – Insurance was pending at time of publication.

February 14, 2023 Regular Meeting of the Lindsay City Council

Part B: Fee Waiver Request
The Applicant is requesting that all of fees identified within Table 1 below be waived by action of the City Council. If the City Council approves the requested fee waiver, that action will not waive any damages/repairs fees that may result from the event.

Table 1

FISCAL IMPACT
If Council approves the fee waiver for SEP 23-01, the City will not generate $1,821.88 revenues to the General Fund.

ATTACHMENTS
x SEP 23-01 Application
x Event Flyer
x Site Plan
x Circulation & Parking Plan
x Waste Services Email Confirmation
x Security Contract
x ABC License Application
x Indemnity Letter Signed
x City Expenses Estimate
February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

LINDSAY

CHAMBER OF COMMERCE

LIKE & FOLLOW FOR MORE INFO
@THE_LINDSAY_CHAMBER
FACEBOOK.COM/LINDSAYCHAMBEROFCOMMERCE
LI AY

L M L OLW OL LIK OR M
@THE_LINDSAY_CHAMBER E C @ DS MB TH AY ER

LOCATED IN LINDSAY, CA

LOCATION TO BE ANNOUNCED
SAT, MAR 18TH, 2023
2PM - 6 PM

SPONSOR
FOOD
FOOD
VENDOR
FOOD
BAND

BREW BREW

BREWBREWBREW

BREWBREW
BREW
BREW
VENDOR

BREWBREWBREWBREW

BREWBREW
BREW
BREW
FOOD
FOOD
VENDOR
FOOD
BAND
BREW
VENDOR

SPONSOR
February 14, 2023 Regular Meeting of the Lindsay City Council Page 232

LINDSAY

CHAMBER OF COMMERCE

LIKE & FOLLOW FOR MORE INFO
@THE_LINDSAY_CHAMBER
FACEBOOK.COM/LINDSAYCHAMBEROFCOMMERCE

LINDSAY LIN

AMBER OF COMMER HAMCE C

LIKE & FOLLOW FOR MORE INFO IK W &E FO W I FO EN
@THE_LINDSAY_CHAMBER N H CH _L MA C

FACEBOOK COM/L DSAYCH BEROFCOM ERCE HA OO CEB ND M/LI ME OM B MA

LOCATED IN LINDSAY, CA

LOCATION TO BE ANNOUNCED
SAT, MAR 18TH, 2023
2PM - 6 PM

SPONSOR
FOOD
FOOD
VENDOR
FOOD
BAND

BREW BREW

BREWBREWBREW

BREWBREW
BREW
BREW
VENDOR

BREWBREWBREWBREW

BREWBREW
BREW
BREW
FOOD
FOOD
VENDOR
FOOD
BAND
BREW
VENDOR

SPONSOR

BREW BREW

SPONSOR

SPONSOR
February 14, 2023 Regular Meeting of the Lindsay City Council Page 233 B
B
B
B
B
B
B
B
B
B
B
B B
HW
HW
HW
HWHW
RR

ENTRANCE

PORTER POTTYHAND WASHBREWERIESFOOD VENDORRETAIL VENDORFOOD TRUCKCAR CLUB F
R
T
B
HW
P
C
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
February 14, 2023 Regular Meeting of the Lindsay City Council Page 234

CIRCULATION & PARKING PLAN
Parking Lot 145 SpotsOffsite ParkingOlive Street= 47 spotsApia Street= 23 spotsTotal available parking spots= 215 February 14, 2023 Regular Meeting of the Lindsay City Council Page 235 Parking area
February 14, 2023 Regular Meeting of the Lindsay City Council Page 236 1 Neyba Amezcua
From: Thomas Hamon <[email protected]>
Sent: Monday, February 6, 2023 2:57 PM
To: [email protected]
Cc: Neyba Amezcua; Ricardo Torres
Subject: RE: Trash Service Contract
Roxanne & Neyba,
We have reviewed the event, and we have come up with a bin/can solution.The following is what we will be supplying to the event free of charge.

1. 2Ͳ3yard Trash Bins

2. 2Ͳ3 Yard Recycle Bins

3. 8Ͳ64Gallon Trash Cans

4. 4Ͳ64 Gallon Recycle Cans

5. 3Ͳ64 Gallon Green Waste Cans for Food Vendors.

If you have any questions, please let me know.
“Service, Education,
Involvement, Integrity”
Thomas Hamon | Recycle Program Manager
Office address: 1707 E. Goshen Ave. Visalia, CA 93292
Office: (559) 567Ͳ0527
Cell: (559) 960Ͳ9716
From: [email protected] <[email protected]> Sent: Thursday, February 2, 2023 12:06 PM
To: Thomas Hamon <[email protected]>
Cc: Neyba Amezcua <[email protected]>
Subject: Trash Service Contract
Hello Thomas,
I am in need of a trash service contract for our Brewfest which will be help on Saturday, March 18th, 2023, from 2Ͳ8pm at the Olive Bowl Park, 18 N Olive, in Lindsay.Please let me know if you need any additional information. Roxanne SernaͲPresident
Lindsay Chamber of Commerce
PO Box 989
246 E Honolulu St
Lindsay CA 93247
(559)562-4929
February 14, 2023 Regular Meeting of the Lindsay City Council

2 ********Confidential Disclosure********
This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy, reͲtransmit, or disclose to anyone the message or any information contained in the message.If you have received the message in error, please advise the sender by reply eͲ mail, and delete the message.EͲmail communication is highly susceptible to spoofing, spamming, and other tampering, some of which may be harmful to your computer. If you are concerned about the authenticity of the message or the source, please contact the sender directly.

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

February 14, 2023 Regular Meeting of the Lindsay City Council

Qty Unit Cost Total
Olive Bowl Rental 10 hrs 65.00 $ 650.00 $
(2) Officers 8 hrs 82.05 $ 656.40 $
SEP Application 1 LS 175.00 $ 175.00 $
Fire inspection 2.00 hrs 82.05 $ 164.10 $
Building inspection 2.00 hrs 88.19 $ 176.38 $
Grand total $ 1,821.88
Special Inspections (Saturday, OT)
Facility Rental
Police Department
Permit Fee
Tear down from 6 pm to 9 pm
2023 Brewfest
Olive Bowl
18-Mar-23
Event from 2 pm to 6 pm
Set up from 11 am to 2 pm
February 14, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Neyba Amezcua, Director of City Services & Planning DEPARTMENT:

ITEM NO.:

City Services & Planning

12.1 MEETING DATE: February 14, 2023

ACTION & RECOMMENDATION
First Reading of Ordinance No. 607, An Ordinance of the City of Lindsay Enacting Chapter 15.03 of Title Fifteen (15) of the Lindsay Municipal Code to Set Forth Procedures and Expediting the Permitting Process for Electric Vehicle Charging Systems, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only.

Staff recommends that the City Council approve the first reading of Ordinance No. 607 which sets forth an expedited, streamlined permitting process for electric vehicle charging stations (EVCS).

BACKGROUND | ANALYSIS
In October 2021, the State of California adopted Assembly Bill 970 (2021, McCarty, Amending Government Code Section 65850.7 and adding 65850.71), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations by January 01, 2023. The ordinance shall include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review.

The proposed Ordinance No. 607 sets forth the procedures to streamline a building permit application within fifteen (15) days and covers the process for appeals (in case the application is denied by the Building Official). The first reading of this Ordinance was duly noticed in the Porterville Recorder on February 04, 2023. Furthermore, most of the procedures, such as electronic submittal of plans are already in place and comply with the requirements of the Assembly Bill. Should the Council adopt Ordinance No. 607 after a duly noticed public hearing and two (2) readings, City Staff will ensure that it successfully implements an expedited and streamlined for permit applicants and ensure applicants meet the requirements of the established checklist.

FISCAL IMPACT
There is no immediate financial impact or budget action necessary to approve this action.

February 14, 2023 Regular Meeting of the Lindsay City Council

ATTACHMENTS
x Checklist: “Submittal Requirements for Electric Vehicle Charging Station Applications” x Ordinance No. 607 – Redline Copy
February 14, 2023 Regular Meeting of the Lindsay City Council

&LW\6HUYLFHV
%XLOGLQJDQG3ODQQLQJ'HSDUWPHQW
10LUDJH$YH
/LQGVD\, CA 93

Submittal Requirements for EV Charging Station Applications Updated-DQ
Submittal Requirements for Electric Vehicle Charging Station Applications 5HTXLUHG Please use this as a checklist to assemble the materials required for your development application when submitting the application. The following items must be submitted in order to process your application. If the plans are not legible, or do not contain the information listed below, your application will be deemed incomplete and FDQFHOHG. ܆ Instructions:
 All plans and documents must be VXEPLWWHG in PDF format.  A separate PDF document is required for each plan type (i.e. separate PDF required for site plans, separate PDF for landscape plans, etc.).
 Each plan type should only have one PDF uploaded (i.e. if there is more than one site plan exhibit, upload a multi-page PDF).
 3OHDVHVXEPLWWREXLOGLQJDQGSODQQLQJGHSDUWPHQWIRUUHYLHZDW MDYLQD#OLQGVD\FDXV
DQGFFDQRQ#OLQGVD\FDXV
܆ Complete Application
܆ All Required Fees Paid
All fees must be paid before application is deemed complete. Fees must be paid within 3 days of fees being VKDUHG (FDOORUHPDLOwill be sent).
܆ Letter of Owner Authorization (If Owner is not the Applicant) ܆ Operational Statement: ܆ Project address & APN ܆ Project description (scope of work) ܆ Number of parking spaces proposed to be removed (if any) ܆ Landscaping/Trees proposed to be removed
܆ Overall Site Plan (electronic – does not need to be to scale but shall be legible) ܆ Outline the entire parcel with an area indicating the scope of work ܆ Property line dimensions & easements
܆ Vicinity map with north arrow ܆ Project address & APN February 14, 2023 Regular Meeting of the Lindsay City Council

&LW\6HUYLFHV
%XLOGLQJDQG3ODQQLQJ'HSDUWPHQW
10LUDJH$YH
/LQGVD\&$


Submittal Requirements for EV Charging Station Applications Updated -DQ
܆ Detailed Site Plan (electronic)
Plans shall include (at a minimum) items below.
܆ 1 =‘‘30 ‘scale ܆ North Arrow correctly
shown
܆ Easements, both existing and
proposed
܆ Fully dimensioned parking stalls that
depict the equipment is not in the 9 ft. x
18 ft. stall
܆ Provide the aisle width behind the stall
and the opposite stall size if there is
parking behind the proposed EV stall.
܆ Add this note: Any survey monuments
within the area of construction shall be
preserved or reset by a person licensed
to practice land surveying in the state of
California.
܆ Add this note: Repair all damaged
and/or off-grade concrete street
improvements as determined by the
construction management engineer prior
to occupancy.
܆ Add this note: Two working days
before commencing excavation
operations within the street right-of-way
and/or utility easements, all existing
underground facilities shall have been
located by Underground Services Alert
(USA). Call 1-800-642-2444
܆ Accessible EV charging stalls shall
comply with Sections 11B-228.3 and 11B812 of the California Building Code ܆ Property lines and dimensions of
property lines
܆ Overall and Detailed Site Plan (hard copies) 7KUHH IXOO VL]H KDUG FRSLHV  2QH
HOHFWURQLF of all site plan exhibits (individually folded to 8-1/2”x11” page size). Drop these off to &LW\6HUYLFHV'HSWor mail to the address above.
܆ Elevations (electronic): Include the height of all stations, transformers, etc.

The application completeness review process is up to a -day process. If all items on this checklist are not submitted, the application will be deemed incomplete and rejected. If all required items on this checklist are submitted and determined to meet all requirements outlined in this document, the application shall be deemed complete and accepted for processing. 3HU7LWWOH&LW\RI/LQGVD\0XQLFLSDO&RGH
February 14, 2023 Regular Meeting of the Lindsay City Council

ORDINANCE NO. 607
AN ORDINANCE OF THE CITY OF LINDSAY ENACTING CHAPTER 15.03 OF TITLE 15 OF THE LINDSAY MUNICIPAL CODE TO SET FORTH PROCEDURES

AND EXPEDITING THE PERMITTING PROCESS FOR ELECTRIC VEHICLE

CHARGING SYSTEMS
Section 1. PURPOSE. The provisions of this ordinance are intended to establish procedures for expediting the permitting processing for Electric Vehicle Charging Systems.

Section 2. CODE AMENDMENT. Lindsay Municipal Code Chapter 15.03 of Title Fifteen (15) Electric Vehicle Charging Stations Review Process is hereby added as follows:

Chapter 15.03
Expediting Permitting Processing for Electric Vehicle Charging Systems Sections:

15.03.010 Purpose and Intent

15.03.020 Definitions.

15.03.030 Permit Application Process

15.03.040 Requirements

15.03.050 Applications

15.03.060 Review

15.03.070 Appeal
Chapter 15.03.010
Purpose And Intent
The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is also February 14, 2023 Regular Meeting of the Lindsay City Council

purposed to comply with California Government Code Section 65850.7.

Chapter 15.03.020
Definitions
The following words and phrases as used in this section are defined as follows:

A. "Electronic submittal" means the utilization of the City's online portal, email, and or the Internet.

B. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electric Code, as it reads on January 1, 2022, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

C. "Specific, adverse impact" means a significant, quantifiable, direct, or unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

Chapter 15.03.030
Permit Application Process
Section 65850.7 of the California Government Code provides that every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for Electric Vehicle Charging Stations.

This section applies to the permitting of all electric vehicle charging stations in the City.

A. All electric vehicle charging stations legally established or permitted prior to the effective date of this ordinance shall not require a permit issued under this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station. Routine operations and maintenance or like-kind replacements of the components of an electric vehicle charging state shall not be considered a material change.

February 14, 2023 Regular Meeting of the Lindsay City Council

Chapter 15.03.040
Requirements
A. All electric vehicle charging stations shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the state and the City, local fire department and utility director, the California Building Code, City of Lindsay Municipal Code, and Federal laws including the Americans with Disabilities Act.

B. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electric Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and the accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

Chapter 15.03.050
Applications
A. All documents required for submission of an electric vehicle charging station application shall be made available on the City's website.

B. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

C. The Building and Safety Services Division shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.

D. The Building and Safety Services Division may refer to the recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California:

Community Readiness Guidebook published by the Governor's Office of Planning and Research, when adopting the electric vehicle charging station permit process and checklist. The checklist will be made available on the City's website.

February 14, 2023 Regular Meeting of the Lindsay City Council

Chapter 15.03.060
Review
A. The Building Official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Review of a complete permit application shall be limited to the Building Official's review of whether it meets all health and safety requirements of local, state and federal law. Local law requirements shall be limited to those standards and regulations necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installation. For direct current fast chargers (DCFC), the review of a complete permit application will be a fifteen-business day timeline.

B. A permit application that satisfies the information requirements in the checklist, as adopted by the City, shall be deemed complete.

C. A complete permit application and proposed installation that meets the required standards and approved checklist that does not have a specific, adverse impact on public health or safety shall be not be denied.

D. An applicant that provides an incomplete permit application shall be provided with a written correction notice detailing all deficiencies in the application and any information required to be eligible for expedited permit issuance.

E. The Building Official may require an applicant to apply for a conditional use permit if the official makes a written finding, based on substantial evidence, that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety and conditions are necessary. The decision of the Building Official may be appealed to the City Council in accordance with the procedures of Section 15.03.070.

F. The Director may not deny an application for a conditional use permit unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The Director's written findings shall include the basis for the rejection of potential feasible alternatives or conditions for preventing the adverse impact. The decision of the Director may be appealed to the City Council in accordance with the procedures Section 15.03.070.

G. Any conditions imposed on an application shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. Government Code Section 65850.7 requires that the Building Official shall not condition the approval for any conditional use permit on the approval February 14, 2023 Regular Meeting of the Lindsay City Council

of such a system by an association, as that term is defined by Civil Code 4080.

H. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

Chapter 15.03.070
Appeals
Any applicant aggrieved by any decision of the Director or Building Official may appeal to the City Council by filing a notice of appeal with the City Clerk within fifteen days after the decision is made. The council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such applicant at his last known address. The decision of the council shall be final and conclusive, and shall be served upon the appellant in the manner prescribed in this chapter for the service of a notice of hearing.

All other code sections of Title 15 remain unchanged.

SECTION 3. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15060(c)(2) (The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment).

SECTION 4. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability, or responsibility for damage to person or property upon the City of Lindsay, or any official, employee or agent thereof.

SECTION 5. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance.

SECTION 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, February 14, 2023 Regular Meeting of the Lindsay City Council

or its application to any other person or circumstance. The City Council of the City of Lindsay hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 7. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate, contradict or otherwise conflict with, applicable State and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Lindsay Municipal Code as amended by this ordinance are substantially the same as provisions in the Lindsay Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

SECTION 8. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(l) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.

THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the ____th day of __________________ 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
________________________________________
Hipolito A. Cerros, Mayor
ATTEST:
____________________________________
Francesca Quintana, City Clerk
February 14, 2023 Regular Meeting of the Lindsay City Council