Agenda packet — Lindsay City Council, April 11, 2023

LINDSAY CITY COUNCIL

REGULAR MEETING AGENDA
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on April 11, 2023, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087.

Persons with disabilities who may need assistance should contact the City Clerk prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE
Led by Council Member SANCHEZ.

4. APPROVAL OF AGENDA

5. PUBLIC COMMENT
The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via email. Public comments received via email will be distributed to the Council prior to the start of the meeting and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time.

6. COUNCIL REPORT

7. CITY MANAGER REPORT

8. RECOGNITION ITEMS

8.1 Proclamation in Honor of Autism Awareness Month (p. 4) Presented to Lindsay Unified School District Special Education

8.2 Proclamation in Honor of Flood Response Volunteers (p. 5) Presented to Lindsay Unified School District Learners,
Breakthrough Church, and
Sallie McDonald
April 11, 2023 Regular Meeting of the Lindsay City Council

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9. DISCUSSION ITEMS

9.1 Lewis Response Update
Presented by Chief Rick Carrillo, Director of Public Safety and Neyba Amezcua, Director of City Services & Planning

9.2 Regional Housing Element Study Session
Presented by Curtis Cannon, Planning Manager

9.3 Friday Night Market Boundaries Map and Oversight Committee Review (pp. 6 – 19) Presented by Francesca Quintana, City Clerk & Assistant to the City Manager

10. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.

10.1 Minutes from March 28, 2023, Regular Meeting (pp. 20 – 25)

10.2 Warrant List for March 20, 2023, through April 02, 2023 (p. 26)

10.3 Treasurer’s Report for March 2023 (p. 27)

10.4 Second Reading of Ordinance No. 609, An Ordinance of the City of Lindsay Amending Chapter 17.20 of Title Seventeen (17) of the Lindsay Municipal Code, Amending Final Map, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 28 – 34)

10.5 Second Reading of Ordinance No. 608, An Ordinance of the City of Lindsay Amending Chapter 14.03 of Title Fourteen (14) of the Lindsay Municipal Code, Amending Conduct in City Parks and Recreation Areas, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 35 – 38)

10.6 Consider Minute Order Approval of 2023 Model Year Ford Police Interceptor Utility Request for Proposals (RFPs) Submitted and Recommendation to Award Contract to Phil Long Ford of Denver, LLC (pp. 39 – 52)

11. PUBLIC HEARINGS

11.1 Consider Approval of Resolution No. 23-07, A Resolution of the City Council of the City of Lindsay Approving Tentative Parcel Map No. 23-01, to Subdivide Approximately 35.08 Acres North of Tulare Road, West of the Southern Pacific Railroad Tracks (APN’s 199-050- 017, 201-170-010, 201-180-013) Into Four Parcels and a Remainder, from NFDI LLC, and Finding that Project is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15315 of CEQA Guidelines and Direct City Clerk to File a Notice of Exemption (NOE) (pp. 53 – 64)
Presented by Curtis Cannon, Planning Manager
April 11, 2023 Regular Meeting of the Lindsay City Council

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12. ACTION ITEMS

12.1 Consider the Approval of Names for Appointment to the City Sign Ordinance Ad-Hoc Committee (pp. 65 – 67)
Presented by Joseph M. Tanner, City Manager

12.2 Review Existing Appointments and Consider the Approval of Appointment of Council Member Representatives to Boards, Agencies, and Committees (pp. 68 – 71) Presented by Francesca Quintana, City Clerk & Assistant to the City Manager

13. EXECUTIVE (CLOSED) SESSION

13.1 Conference With Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Cal. Gov. Code §54956.9(d)(2): At Least (1) Case, but the Number of Total Cases is Currently Unknown

13.2 Conference With Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Cal. Gov. Code §54956.9(d)(2): One (1) Case

14. REQUEST FOR FUTURE ITEMS
Council requests for future agenda items, can be called for by any Councilmember during the ‘Request for Future Items’ section of a regular meeting. Immediately following the request of an item, a vote will be taken on the item. If a majority of the City Council supports further study of the item, then a full staff analysis will be prepared within a reasonable time as determined by the City Manager unless otherwise directed by a majority of the City Council. Discussion shall be limited to whether an item should be added to an agenda, not the merit of the item.

15. ADJOURNMENT
Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the office of the City Clerk at (559) 562-7102 x 8034. Notification 48 hours prior to the meeting will enable the City to ensure accessibility to this meeting and/or provision of an alternative format of the agenda and documents in the agenda packet.

April 11, 2023 Regular Meeting of the Lindsay City Council

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Proclamation
WHEREAS, Autism Awareness Month aims to celebrate and promote acceptance for the condition that occurs in one in every 54 children as of 2020 in the United States; and WHEREAS, autism, a complex developmental condition affecting the patient’s ability to interact, communicate, and progress, has not one but many subtypes. First held in the year 1972 by the Autism Society, Autism Awareness Month emphasizes the need for public awareness to promote acceptance, celebrate the differences, and be more inclusive towards autistic individuals around us; and
WHEREAS, every April, the Autism Society works to build an inclusive community where autistic individuals are embraced and supported to achieve the highest quality of life possible; and
WHEREAS, early diagnosis and intervention tailored to individual needs can have lifelong benefits, easing the transition to adulthood and fostering greater independence; and WHEREAS, the Autism Society was founded in 1965 by Bernard Rimland. It is driven by the fact that autism is the fastest-growing developmental disability in the world, the Autism Society hosted one of its first nationwide efforts of an awareness campaign called National Autistic Children’s Week in 1972, which subsequently evolved into the Autism Awareness Month earmarked in April; and
WHEREAS, with the autism diagnosis rate increasing fast, we take these 30 days of April, to celebrate the differences, learn more about, and empower autistic individuals.

NOW, THEREFORE, BE IT RESOLVED, that I, Hipolito Angel Cerros, Mayor of the City of Lindsay, do hereby join the nation in recognizing April 2023 as National Autism Awareness Month as a symbol of our commitment to creating a culture of disability awareness and inclusion for all members of the Lindsay community.

IN WITNESS WHEREOF, I hereby set my hand and caused the Seal of the City of Lindsay to be affixed this 11th Day of April of 2023.

LINDSAY CITY COUNCIL
_____________________________
Hipolito A. Cerros, Mayor
April 11, 2023 Regular Meeting of the Lindsay City Council

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Proclamation
WHEREAS, on March 10, 2023, an emergency arose with respect to severe weather conditions and flooding which devastated homes in the City of Lindsay; and
WHEREAS, the Lindsay community greatly appreciates the genuine concern and interest of all the individuals who volunteered to work and provide assistance to our community members impacted by the recent storms; and WHEREAS, without being asked, members of our community recognized the need, acted in a professional and compassionate manner and demonstrated leadership from the heart; and
WHEREAS, community members immediately stepped up to assist in flood recovery and relief efforts and volunteered to manage and assist their community in need in many ways, including sandbag distribution, donations, and shelter; and
WHEREAS, many of Lindsay’s individuals offered their service and time to various endeavors without expectation of any personal gain, other than the satisfaction of knowing that they have helped others.

NOW, THEREFORE, BE IT RESOLVED, that I, Hipolito Angel
Cerros, Mayor of the City of Lindsay, do hereby proclaim recognize all who volunteered to provide relief during the recent storms.

IN WITNESS WHEREOF, I hereby set my hand and caused the Seal of the City of Lindsay to be affixed this 11th Day of April of 2023.

LINDSAY CITY COUNCIL
_____________________________
Hipolito A. Cerros, Mayor
April 11, 2023 Regular Meeting of the Lindsay City Council

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STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 9.3
MEETING DATE: April 11, 2023

ACTION & RECOMMENDATION
Friday Night Market Boundaries Map and Oversight Committee Review.

This is an informational item only, intended to facilitate a discussion on the Friday Night Market Boundaries Map and Oversight Committee. No action is required at this time, although Staff does recommend that the Council provide direction for the 2024 Friday Night Market.

BACKGROUND | ANALYSIS
At the February 28, 2023 Regular Meeting of the Lindsay City Council, the Council unanimously requested a discussion in regards to the Friday Night Market Boundaries Map as well as the Market Oversight Committee provisions as a part of the request for future items portion of the meeting.

Pursuant to Section A of the Agreement Between the City of Lindsay and VL Friday Night Market for Services Regarding the Friday Night Market (attached to this report), the market shall be permitted to operate in an area defined by the City. On March 02, 2023, the Market Boundaries Map attached to this report was agreed to between the City and Market Operator.

Pursuant to Section X of the Agreement, an Oversight Committee consisting of two City Council Members and the Market Operator was created. Effective, December 14, 2023, Council Member Caudillo and Mayor Cerros were appointed to the Oversight Committee. Section W of the Agreement states that if the Market Operator is unable to reach a resolution with a complaint from a Vendor, then the matter is escalated to the Market Oversight Committee. The purpose of the Oversight Committee is to have the final say in resolving disputes as submitted by Vendors through a Complaint Form.

FISCAL IMPACT
No fiscal impact associated with this action.

ATTACHMENTS
• Executed Agreement Between the City and VL Friday Night Market • Executed Addendum No. 1 to Agreement Between the City and VL Friday Night Market April 11, 2023 Regular Meeting of the Lindsay City Council

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• Executed Friday Night Market Boundaries Map
April 11, 2023 Regular Meeting of the Lindsay City Council

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AGREEMENT BETWEEN THE CITY OF LINDSAY AND VL FRIDAY NIGHT MARKET FOR

SERVICES REGARDING THE FRIDAY NIGHT MARKET
~
This Agreement is made and entered into as of the 28 day of _.__----=-:....;__;_....:..:..:,,'f--- - ' 2022 (the "Effective Date") by and between the CITY OF LINDSAY, a municipal corporation the "City") and the VL FRIDAY NIGHT MARKET, a private company (the "Market Operator"), duly organized and existing under and by virtue of the laws of the State of California This Agreement shall be effective as of the date set above and shall be for a period of one (1) year from the date of the first Market of the season. The City and Market Operator shall constitute the parties.

I. SCOPE OF SERVICES
Market Operator shall provide all staff, materials, equipment, and labor to coordinate a Friday Night Market, hereinafter called ("Market") as described in the VL FRIDAY NIGHT MARKET proposal.

Market Operator further agrees to comply with all applicable laws, ordinances, and rules imposed by the City of Lindsay, state and federal agencies. In the event of a conflict among this Agreement and the VL FRIDAY NIGHT MARKET proposal, this Agreement shall take precedence.

Services and maintenance provided by the Market Operator shall respectively include, but are not limited to those described herein:

A. THE VL FRIDAY NIGHT MARKET shall be permitted to operate within the City of Lindsay in an area defined by the City and provided to the Market Operator prior to the first market of the season and shall be subject to amendment by the City with five (5) business days' notice.

B. The Market season shall be defined as commencing on the date set above and constitute every Friday within the respective one (1) year period, with the exception of the single Friday in December when the annual City of Lindsay "Santa Night" is held.

C. In the event of a credible hazard, dangerous condition, or public health emergency, the City reserves the right to cancel Market operations with due notice to Market Operator.

D. Market Operator shall be responsible and assume all liability for street closure(s).

E. Cleanup shall occur during and following every Market event. In no instance shall trash be allowed to accumulate. Cleanup shall include sweeping, operating leaf blowers, and picking up trash as needed. The operation of leaf blowers should take into account the impact of noise on nearby residents and businesses, especially during evening and early morning hours.

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F. Market Operator will be granted access to public restrooms at Sweetbriar Plaza and will be responsible for fully stocking, cleaning, and managing the restrooms during the entirety of the Market session.

G. The Market Operator shall provide appropriate and sufficient waste receptables as needed. The Market Operator should monitor and ensure that neither Market vendors, attendees, or the general public within Market areas deposit any items into or onto storm drain inlets, planters, gutters, or grass/shrub/dirt areas.

H. The City shall provide electricity to Market Operator through use of streetscape outlets and outlets in the "Mercado" area for a pro-rated $250 monthly fee payable to the City.

Additionally, the Market Operator shall provide the City with a security deposit in the amount of one-thousand dollars ($1,000.00) payable to the City prior to the first market to the season. Said deposit shall be applied to any costs incurred by the City for necessary repairs or replacements of the streetscape outlets and outlets in the "Mercado" area.

I. The Market Operator will ensure streetscape outlets are not utilized for high-voltage equipment exceeding 20 amps. Damages to streetscape outlets and outlets in the "Mercado" area due to actions and/or negligent supervision of the Market Operator and/or activities of Market vendors or Market attendees shall be the sole responsibility of the Market Operator to repair or replace or reimburse the City for costs associated with necessary repairs or replacements.

J. Market Operator shall be responsible for providing additional safety lighting.

K. Upon vendor set up and periodically during t~e Market event, all Market-affected areas shall be inspected by Market Operator staff for dangerous conditions and/or hazards, hidden or otherwise. Market Operator staff shall make reasonable efforts to repair and/or notify the City of any dangerous or hazardous conditions immediately upon their discovery. Under no circumstances shall the Market Operator permit the Market vendors, attendees, or the public more generally to be in proximity of a known hazard.

L. Sidewalks affected by Market activities and other affected areas as identified by the City shall be pressure-washed prior to the first Market of the season and monthly thereafter throughout the Market season. A final pressure-washing of sidewalks affected by Market activities and other affected areas as identified by the City shall occur following the last market of the season. This process shall be evaluated by the City and the schedule confirmed or adjusted in frequency and scope as needed.

M. Market Operator shall ensure all public pathways including sidewalks are kept clear of obstructions such as electrical cords or debris:

N. Market Operator shall submit to the City for approval a Security Plan for Market vendors and attendees.

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0 . Market Operator shall comply with S.B. 1383 and the Lindsay Municipal Code 8.34.

P. Market Operator shall provide a Grease Tank in a designated area for vendors to properly dispose of cooking oils and monitor enforcement.

Q. Market Operator will prepare a Final Report to, be distributed to the City Manager and presented to City Council at the first regular meeting of the City Council in December or as soon thereafter.

R. Market Operator shall ensure that sufficient portable potties are available per Market capacity and building code regulations.

S. Market Operator shall grant brick-and-mortar restaurant businesses in the Downtown area a reduced participation fee of $100 (fro.m $125) and a waived reservation fee (from $15).

T. Market Operator shall grant brick-and-mortar retailers in the Downtown area a reduced participation fee of $15 (from $25) and a waived reservation fee (from $15.) U. Market Operator shall grant non-profit organizations that distribute informational resources, educational materials, et al. waived participation and reservation fees.

V. Market Operator shall grant non-profit organizations that intend to sell food and/or beverages for consumption a reduced participation fee of $100 (from $125) and a waived reservation fee (from $15).

W. Market Operator shall provide vendors with a Complaint Form in both English and Spanish. Market Operator shall accept and review all Complaint Forms submitted and commit itself in good faith to resolve disputes. If Market Operator is unable to reach a resolution with Complainant(s), the matter shall be escalated to the Friday Night Market Oversight Committee.

X. City shall establish an Oversight Committee consisting of two City Council members and the Market Operator. The Oversight Committee shall have final say in resolving disputes as submitted by vendors through a Complaint Form.

Y. Damages due to actions and/or negligent supervision of the Market Operator and/or activities of Market vendors or Market attendees shall be the sole responsibility of the Market Operator to repair or replace or reimburse for costs associated with necessary repairs or replacements.

II. TERM OF AGREEMENT
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.

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Ill. GENERAL PROVISIONS
This Agreement may be terminated by either the City or Market Operator with or without any reason, upon giving thirty (30) days written notice to other Party.

IV. REVENUE SHARE
V.

Market Operator shall pay the City a flat rate of two-thousand and five hundred dollars ($2,500.00) per Market session.

LICENSE, PERMITS, FEES AND ASSESSMENTS
The Market Operator shall obtain such licenses, permits and approvals (collectively the "Permits") as may be required by law for the performance of the work and services relating to the Market.

VI. PERSONNEL
All personnel used by the Market Operator will be employees of the Market Operator. Market Operator shall pay all salaries, insurance and expenses, all federal and state taxes. Market Operator must comply with legal requirements including the Federal Fair Labor Standards Act, Equal Opportunity Employment, and the Americans with Disabilities Act.

Under no circumstances or conditions shall any agent, servant, or employee of the Market Operator be considered as an employee of the City of Lindsay.

VII. NON-ASSIGNMENT
This Agreement is not assignable either in whole or in part by Market Operator without the written consent of City.

VIII. INSURANCE
Prior to commencing work, Market Operator shall procure and maintain at Market Operator's own cost and expense for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Market Operator, their agents, representatives, employees, or subcontractors.

The City of Lindsay shall be named as additional insured under such insurance policies and Market Operator shall provide the City with Certificates of Insurance evidencing such insurance and proof of payment of insurance premiums. Market Operator must notify the City within 24 hours of any cancellations or lapses in coverage of such insurance policies.

Without in any way affecting the indemnity provided, the Market Operator shall secure before commencement of the work and throughout the contract the following types and amounts of insurance:

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A. Minimum Limits of Insurance
If Market Operator, for any reason, fails to maintain insurance coverage that is required pursuant to this Contract, the same shall be deemed a material breach of contract. CITY, at its sole option, may terminate this Contract and obtain damages from the Market Operator resulting from said breach.

1. Commercial General Liability Insurance. MARKET OPERATOR shall maintain commercial general liability (CGL) with a limit of not less than $1 ,000,000 each occurrence/$1,000,000 in the annual aggregate.

2. Business Auto Liability Insurance. MARKET OPERATOR shall maintain business auto liability with a limit of not less than $1 ,000,000 each accident.

3. Workers' Compensation and Employer's Liability Insurance. Market Operator shall maintain workers' compensation insurance as required by the State of California and Employer's Liability Insurance in the amount of $1,000,000 per accident for bodily injury or disease.

4. Property Damage. Market Operator shall maintain broad form property damage insurance, to include fire legal liability with a limit of not less than $50,000 per occurrence.

B. Workers' Compensation and Employer's Liability
The insurer shall agree to waive all rights of subrogation against the City of Lindsay, its officers, officials, employees, and volunteers for losses arising from activities and operations of Market Operator in the performance of services under the contract.

1. If Market Operator, for any reason, fails to maintain insurance coverage that is required pursuant to this Contract, the same shall be deemed a material breach of contract. The City, at its sole option, may terminate this Contract and obtain damages from the Market Operator resulting from said breach.

C. Acceptability of Insurers
Insurance is to be placed with insurer with a current A. M. Best's rating of no less than A:6 unless otherwise approved by the City.

D. Verification of Coverage
Market Operator shall furnish the City of Lindsay with original certificates and amendatory endorsements effecting coverage required by this section. The certificates and endorsements for each policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements should be on forms provided by the City or on other than the City's forms, provided those forms and endorsements conform to the requirements.

All certificates and endorsements are to be received and approved by the City before work

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IX.
commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

E. Sub-Contractors
Market Operator shall include all sub-contractors as insureds under its policies or shall furnish separate certificates and endorsements for each sub-contractor. All coverages for subcontractors shall be subject to all requirements stated herein.

INDEMNIFICATION
The City of Lindsay shall not be liable for any damage, loss, or injury to the person, property or effects of the Market Operator or of any agent, servant, employee, contracted staff, volunteer or patron of the Market Operator on, in, or about the Market activities other than through the negligence attributable to the City. The Market Operator agrees to indemnify, protect, and hold harmless the City of Lindsay against any an all such damages, cost, attorney's fees, or employees.

The Market Operator shall carry workers' compensation insurance for all its employees in accordance with workers' compensation laws of the State of California. The Market Operator will indemnify the City, its officials, and employees against, and hold them harmless from, any and all liability for damages on account of injury to persons or damage to property resulting from or arising out of in any way connected with the performance by the Market Operator of this Agreement, and reimburse the City, its officials and employees for all costs, expenses, and losses incurred in consequence of any claims, demands, and/or causes of action which may be brought against the City arising out of the performance by the Market Operator of this Agreement.

The Market Operator agrees to indemnify and hold the City of Lindsay harmless from any liability, claims, or damages arising out of or in any way connected with the Market Operator's performance.

The Market Operator shall furnish the City with a Certificate of Insurance with limits of at least $1 ,000,000.00 for bodily injuries on each occurrence and $1,000,000.00 for property damage on each occurrence. The Certificate of Insurance shall state that the contractual liability assumed under this Agreement is covered and shall provide that ten (10) days' notice of cancellation or reduction in coverage shall be provided to the City. Certificates of said coverages shall be filed with the City Clerk before any work or services related to_ the Market commence.

X. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to its choice of law provisions). If any legal action is necessary to enforce or interpret this Agreement, the Parties agree that such action shall be brought in the Superior Court for the State of California, County of Tulare, or the U.S. District Court for the Central District of California, Western Division. The Parties hereby submit to the exclusive

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jurisdiction of such courts and waive any other venue to which either Party might be entitled by domicile or otherwise.

XI. ATTORNEYS' FEES
XII.

XIII.

XIV.

If any Party hereto brings an action or proceeding under this Agreement or to declare rights hereunder, the Prevailing Party in any such proceeding, action, or appeal thereon shall be entitled to recover all reasonable fees, costs and expenses, including reasonable attorneys' fees. Such fees, costs and expenses may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The attorneys' fees award shall not be computed in accordance with any court fee schedule but, shall be such as to fully reimburse all attorneys' fees reasonably incurred. "Prevailing Party" shall mean and include, without limitation, a Party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party of its claim or defense.

SEVERABILITY; NO WAIVER
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the other provisions of this Agreement, which shall remain in full force and effect. If any of the provisions of this Agreement shall be deemed to be unenforceable by reason of its extent, duration, scope or otherwise, then the Parties contemplate that the court making such determination shall enforce the remaining provisions of this Agreement, and shall reduce such extent, duration, scope, or other provision and shall enforce them in their reduced form for all purposes contemplated by this Agreement. No failure or delay by either Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.

ENTIRE AGREEMENT; ETC.

This Agreement expresses the full and complete understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the subject matter.

This Agreement may not be amended or modified except in writing signed by each of the Parties hereto. This Agreement shall be construed as to its fair meaning and not strictly for or against either Party. The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof.

COUNTERPARTS; AUTHORITY TO SIGN
This Agreement may be executed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signature pages of this Agreement transmitted by facsimile or sent by email in portable document format (PDF) will have the same legal effect as an original executed signature page. Each of the

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persons signing on behalf of a Party hereto represents that they have the right and power to execute this Agreement on such Party's behalf.
**SEE FOLLOWING PAGE FOR SIGNATURES**

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DocuSign Envelope ID: EBC1A402-2B6A-460E-9249-B45F0D27C43C IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in their behalf.

City Clerk
APPROVED AS TO FORM:

City Attorney
CITY OF LINDSAY:

City of Lindsay
251 E. Honolulu St.
,.-~9.3247
VL FRIDAY NIGHT MARKET:

VL Friday Night Market
1121 Maple Ave.

Lindsay, CA 932147 By+~r
Virginia Loya, Lead Entity of VL Friday Night Market
3/1/2022

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LINDSAY CITY COUNCIL

REGULAR MEETING AGENDA

MINUTES
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on March 28, 2023, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087.

Persons with disabilities who may need assistance should contact the City Clerk prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].

1. CALL TO ORDER

2. ROLL CALL
Present Mayor Cerros
Mayor Pro Tem Flores
Council Member Caudillo
Council Member Sanchez
Council Member Serna

3. PLEDGE
Led by Council Member CAUDILLO.

4. APPROVAL OF AGENDA
Motion to Approve Agenda
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO CERROS (5-0) AYE AYE AYE AYE AYE

5. PUBLIC COMMENT
The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via email. Public comments received via email will be distributed to the Council prior to the start of the meeting April 11, 2023 Regular Meeting of the Lindsay City Council

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and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time. • Public comment from Ana Carretero and Lina Contreras with Lindsay Rotary. They shared that 4,000 families were provided with over $230,000 worth of food and health and safety supplies.

This was made possible by GEM and over 15 Rotary Clubs. • Public comment from Amalia Lopez Principal of Alternative Education with LUSD. She recognized members of the Civic Club who were attending their first Council Meeting. Thanked City Council for all they do.
• Public comment from Raymond Ramirez. He asked that the City re-evaluate its water disposal method(s).
• Public comment from Eric Coyne with Senator Hurtado’s Office. He informed that the Governor has requested that the President declare a state of emergency and disaster for many Counties in the State including Tulare County. Hopes that the President will approve the request which would prompt more opportunities for individual assistance.

6. COUNCIL REPORT
• Council Member SERNA thanked the LUSD Civic Club and OBF Court for attending tonight’s meeting.
• Mayor Pro Tem FLORES thanked businesses, agencies, partners, and City Staff who assisted with the flood response.
• Council Member SANCHEZ thanked everyone for attending and coming together during this difficult time. There is still much work to be done to ensure the safety of the Lindsay Community. • Council Member CAUDILLO thanked City Staff, CITY MANAGER, HR MANAGER, PUBLIC SAFETY, RECREATION, FINANCE for their response to the flood. She feels that the City did the best that it could to respond to the flood and give back to the community. • Mayor CERROS shared that he attended TCRTA meetings and participated in the Ono City Fundraiser. He thanked Breakthrough Church and Lindsay Rotary for their efforts to provide relief to those affected by the recent flood. Shared that the Drying Center is still open and accepting donations. Welcomed the Civics Club and OBF Court.

7. CITY MANAGER REPORT
• CITY MANAGER thanked Council for their kind words, appreciates all their support. Thanked Lindsay Rotary and American Red Cross for providing food and health and safety products to the Community.
• CITY MANAGER shared that the Drying/Donation Center will be open until the end of the month. • CITY MANAGER shared that Lindsay Wellness Center has passed inspection from damage incurred by the last storm, and could possibly transition take over the duties/purpose of the Drying/Donation Center.
• CITY MANAGER informed that the April 11, 2023 City Council meeting that had originally been canceled is now scheduled to happen.
• CITY MANAGER shared that HCD has approved of the projects that the City wishes to complete with proceeds from the sale of McDermont.
• CITY MANAGER shared that 1 inch of rain is expected overnight. • CITY MANAGER shared that Hermosa Street Construction is scheduled to resume construction this Thursday.

April 11, 2023 Regular Meeting of the Lindsay City Council

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8. RECOGNITION ITEMS

8.1 Proclamation in Honor of 91st Annual Orange Blossom Festival (p. 4)

8.2 Proclamation in Honor of Orange Blossom Queen, Court, & Honored Couple (p. 5)

8.3 Proclamation in Honor of Self Help Enterprises Palm Terrace II (p. 6)

9. PRESENTATION ITEMS

9.1 Introduction of Assistant City Planner Araceli Mejia Presented by Neyba Amezcua, Director of City Services & Planning

9.2 Introduction of Detective Andrew Martinez
Presented by Chief Rick Carrillo, Director of Public Safety

9.3 Introduction and Oath of Office of Volunteer Firefighter Maria Sandoval Introduction presented by Chief Rick Carrillo, Director of Public Safety Oath of Office administered by Francesca Quintana, City Clerk & Assistant to the City Manager

10. DISCUSSION ITEMS

10.1 Lewis Response Update
Presented by Chief Rick Carrillo, Director of Public Safety and Neyba Amezcua, Director of City Services & Planning

11. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.

11.1 Minutes from March 16, 2023, Special Meeting (pp. 7 – 10)

11.2 Warrant List for March 07, 2023, through March 19, 2023 (pp. 11 – 14)

11.3 Consider Minute Order Approval of Valencia Street and Linda Vista Drive: Street, Sidewalk and Drainage Improvements Request for Proposals (RFPs) Submitted and Recommendation to Award Contract to Witbro, Inc. dba Seal Rite Paving & Grading (pp. 15 – 18)

11.4 Consider Minute Order Approval of Special Event Permit No. 23-04, for a Beer Garden on the Alleyway of 172 West Honolulu St. in Lindsay, California on April 01, 2023 through April 02, 2023 (pp. 19 – 40)
• Item 11.4 pulled for discussion. DIRECTOR OF CITY SERVICES AND PLANNING, provided a summary of the event and what is expected.

April 11, 2023 Regular Meeting of the Lindsay City Council

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Motion to Approve Consent Calendar
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SERNA FLORES (5-0) AYE AYE AYE AYE AYE

12. PUBLIC HEARINGS

12.1 First Reading of Ordinance No. 609, An Ordinance of the City of Lindsay Amending Chapter 17.20 of Title Seventeen (17) of the Lindsay Municipal Code, Amending Final Map, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 41 – 47)
Presented by Neyba Amezcua, Director of City Services & Planning • CITY CLERK noted for the record that Ordinance No. 609 was updated after publication in the agenda packet. The updated copy was made available to the Council and to the public for public inspection prior to the meeting.
• Mayor opened the public hearing at 7:25 PM, receiving no public comment, Mayor closed the public hearing at 7:26 PM.

Motion to Approve Item 12.1
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS CAUDILLO (5-0) AYE AYE AYE AYE AYE

12.2 First Reading of Ordinance No. 608, An Ordinance of the City of Lindsay Amending Chapter 14.03 of Title Fourteen (14) of the Lindsay Municipal Code, Amending Conduct in City Parks and Recreation Areas, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 48 – 51) Presented by Francesca Quintana, City Clerk & Assistant to the City Manager • Mayor opened the public hearing at 7:28 PM, receiving no public comment, Mayor closed the public hearing at 7:29 PM.

Motion to Approve Item 12.2
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SANCHEZ (5-0) AYE AYE AYE AYE AYE
April 11, 2023 Regular Meeting of the Lindsay City Council

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13. ACTION ITEMS

13.1 Consider the Approval of Names for Appointment to the City Sign Ordinance Ad-Hoc Committee (pp. 52 – 53)
Presented by Joseph M. Tanner, City Manager
• Public comment from Mercy Herrera. Stated that she is interested in serving on the ad-hoc committee.
• No action taken on this item.

School Traffic Flow/Pedestrian Safety Analysis
Result SERNA FLORES CAUDILLO CERROS SANCHEZ
(5-0) AYE AYE AYE AYE AYE
Council Boards, Agencies, Committees Assignments Review Result SERNA FLORES CAUDILLO CERROS SANCHEZ
(5-0) AYE AYE AYE AYE AYE
Downtown Fire Properties Project Update
Result SERNA FLORES CAUDILLO CERROS SANCHEZ
(5-0) AYE AYE AYE AYE AYE

15. ADJOURNMENT
Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to April 11, 2023 Regular Meeting of the Lindsay City Council

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be able to access this agenda and documents in the agenda packet, please contact the office of the City Clerk at (559) 562-7102 x 8034. Notification 48 hours prior to the meeting will enable the City to ensure accessibility to this meeting and/or provision of an alternative format of the agenda and documents in the agenda packet.
• Mayor adjourned the meeting at 7:47 PM.

April 11, 2023 Regular Meeting of the Lindsay City Council

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CITY OF LINDSAY | WARRANT LIST 4/2/2023
TRANSACTION DATES: 03/20/2023 THROUGH 04/02/2023
Check# Fund Date Vendor # Vendor Name Description Amount 22322 ($34.00)
101 ‐ GENERAL FUND 10/28/22 6968 JEREMIAH GARCIA ADV. ROADSIDE IMPAI                (34.00) 23136 ($200.00)
101 ‐ GENERAL FUND 03/03/23 6943 RICHARD CARRILLO VOID CHECK ‐ CANCELLED TR (200.00) 23196 ($600.00)
400 ‐ WELLNESS CENTER 03/17/23 6998 RONALD ERIK HANSEN MONTHLY MAINTENANCE              (600.00) 23222 ($2,202.36)
553 ‐ SEWER 03/17/23 336 TULARE COUNTY TAX C VOID CHECK           (1,407.24) 554 ‐ REFUSE 03/17/23 336 TULARE COUNTY TAX C VOID CHECK              (795.12) 23226 $2,202.36
553 ‐ SEWER 03/22/23 7020 RAUL JARA FY 22/23 SEWER CORR            1,407.24 554 ‐ REFUSE 03/22/23 7020 RAUL JARA FY22/23 REFUSE CORR               795.12 23227 $85.00
101 ‐ GENERAL FUND 03/23/23 7024 ANDREW MARTINEZ MEAL‐TRAVEL EXPENSE                  85.00 23228 $140.00
101 ‐ GENERAL FUND 03/23/23 803 FRESNO CITY COLLEGE FIELD TRAINING COUR               140.00 23229 $40,221.25
101 ‐ GENERAL FUND 03/28/23 2331 PORTERVILLE FORD P.S DETECTIVE VEHIC          40,221.25 23230 $517.56
101 ‐ GENERAL FUND 03/28/23 4660 CITY OF LINDSAY DED:052 WELLNESS                  31.84 101 ‐ GENERAL FUND 03/28/23 4660 CITY OF LINDSAY DED:L203 CDBG LOAN               485.72 23231 $106.60
101 ‐ GENERAL FUND 03/28/23 3192 SEIU LOCAL 521 DED:DUES UNION DUES               106.60 23232 $8,103.20
101 ‐ GENERAL FUND 03/28/23 6452 GREAT‐WEST TRUST DED:0500 DEF COMP            3,041.22 101 ‐ GENERAL FUND 03/28/23 6452 GREAT‐WEST TRUST DED:0555 DC LOANPAY            1,202.57 101 ‐ GENERAL FUND 03/28/23 6452 GREAT‐WEST TRUST DED:151 DEFERCOMP            3,351.81 101 ‐ GENERAL FUND 03/28/23 6452 GREAT‐WEST TRUST DED:ROTH ROTH               507.60 23233 $41.58
101 ‐ GENERAL FUND 03/28/23 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES                  41.58 23234 $94.59
101 ‐ GENERAL FUND 03/28/23 6246 MCDERMONT VENTURE I DED:051 MCDERMONT                  94.59 23235 $370.48
101 ‐ GENERAL FUND 03/28/23 1498 STATE OF CALIF FRAN DED:0511 FTB ‐ DEBT               370.48 23236 $464.32
101 ‐ GENERAL FUND 03/28/23 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS               464.32 EDD324 $4,496.03
101 ‐ GENERAL FUND 03/24/23 687 STATE OF CALIFORNIA EDD PR PD 3/24/23            4,496.03 IRS324 $35,695.40
101 ‐ GENERAL FUND 03/24/23 2011 INTERNAL REVENUE SE 941 PR PD 3/24/23          12,868.44 101 ‐ GENERAL FUND 03/24/23 2011 INTERNAL REVENUE SE 941 PR PD 3/24/23          22,826.96 101 ‐ GENERAL FUND 03/24/23 2011 INTERNAL REVENUE SE 941 PR PD 3/24/23

SUMMARY BY FUNDING SOURCE
101 ‐ GENERAL FUND          90,102.01
400 ‐ WELLNESS CENTER             (600.00)
TOTAL $      89,502.01
April 11, 2023 Regular Meeting of the Lindsay City Council

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CASH RESOURCES
LOCATION GL ACCOUNT # TYPE BALANCE
Cash Register Funds (City Hall & Wellness) 100‐102 RES $800 Bank of the Sierra‐ Depository Account 100‐114 GEN $3,643,459 Bank of the Sierra ‐ AP/Operating 100‐100 GEN $11,700
Bank of the Sierra ‐ Payroll 100‐106 GEN 227,711$
Bank of the Sierra ‐ Wellness Center / UB Payment Cent 100‐500 GEN 1,015,665 $ Bank of the Sierra ‐ Impound Account 100‐120 RES 73,526 $ LAIF Savings: City & Successor Agency 100‐103 INV‐RES 6,002,793 $ MBS Investments 100‐700 INV‐RES 4,064,343 $
$15,039,997

CASH EXPENDED

ACCOUNTS PAYABLE & PAYROLL AMOUNT DEBT SERVICE AMOUNT
Accounts Payable 960,635 $ None
Payroll (March 10th Payday) 296,120 $
Payroll (March 24th Payday) 297,012 $
TOTAL $ 1,553,768 TOTAL $ ‐

INVESTMENTS
INVESTED FUNDS $10,067,136
Respectfully submitted, ABBREVIATIONS
GEN: GENERAL UNRESTRICTED
RES: RESTRICTED ACTIVITY
Director of Finance INV: INVESTMENT
City of Lindsay
Juana Espinoza
Monthly Treasurer's Report
March 31, 2023
Cash Balances Classified by Depository
TOTAL

INVESTMENT POLICY COMPLIANCE
As of the end of the month, the investments were in compliance with the requirements of the City's investment policy. This report reflects all cash and investments of the City of Lindsay (O/S checks not reflected in End Cash Balance).

April 11, 2023 Regular Meeting of the Lindsay City Council

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

ITEM NO.:

City Services and Planning

10.4 MEETING DATE: April 11, 2023

ACTION & RECOMMENDATION
Second Reading of Ordinance No. 609, An Ordinance of the City of Lindsay Amending Chapter 17.20 of Title Seventeen (17) of the Lindsay Municipal Code, Amending Final Map, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only.

Staff recommends that Council approve the second reading of Ordinance No. 609, given that a first reading was approved with no amendments.

BACKGROUND | ANALYSIS
The current security/bonding requirements for subdivision agreements within the Lindsay Municipal Code are relatively low, and do not adequately protect the City in the event of contractor default.

Ordinance No. 609 attached to this report increases the bonding requirements to ensure that the City is adequately protected in the event of contractor default.

Chapters 17.20.150 Public Improvement Agreement & 17.20.160 Improvement Security of the Lindsay Municipal Code were last updated in the year 1979. These two specific codes pertain to the Final Subdivision Map requirements for specific developments (typically for housing projects).

Prior to City Council’s approval of the Final Map, the subdivider needs to execute and file an agreement between themselves and the City, specifying the period in which they shall complete all public improvement work, as well as provide that if they fail to complete the work within the respective period, the City may complete the work and recover the full cost and expense thereof from the subdivider or his surety. To assure the subdividers full and faithful performance thereof, a bond or security for a sum the City Engineer deems sufficient to cover the cost of the improvements must be provided. The security shall be in the manner, form and kind provided by the Subdivision Map Act.

As proposed in Ordinance No. 609, the security shall generally be in the amount of one hundred percent (100%) of the estimated cost of the improvements, conditioned upon the faithful performance of the agreement by the subdivider, and in the additional amount of one hundred percent (100%) (the current code only requires 50%) of such sum securing the payment by the subdivider to his contractor, his April 11, 2023 Regular Meeting of the Lindsay City Council

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subcontractors, and to persons renting equipment or furnishing labor or materials to them for improvements.

Ordinance No. 609 was duly noticed pursuant to State Law in the Porterville Recorder at least 10 days prior to the March 28, 2023, Regular Meeting of the Lindsay City Council.

FISCAL IMPACT
No fiscal impact to approve this action.

ATTACHMENTS
• Ordinance No. 609 Redline Copy
April 11, 2023 Regular Meeting of the Lindsay City Council

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ORDINANCE NO. 609
AN ORDINANCE OF THE CITY OF LINDSAY AMENDING CHAPTER 17.20 OF TITLE SEVENTEEN (17) OF THE LINDSAY MUNICIPAL CODE, AMENDING

FINAL MAP
Section 1. PURPOSE. The provisions of this ordinance are intended to increase the bonding requirements to ensure that the City is adequately protected in the event of contractor default.

Section 2. CODE AMENDMENT. Lindsay Municipal Code Chapter 17.20.150 and

17.20.160 of Title Seventeen (17) are hereby amended as follows:

Chapter 17.20.150
Public Improvement Agreement
Prior to the approval by the city council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he shall complete all public improvement work to the satisfaction of the city engineer, and providing that if he fails to complete the work within the period, the city may complete it and recover the full cost and expense thereof from the subdivider or his surety. The agreement shall also provide for inspection of all public improvements by the city engineer and that the cost of the inspections shall be reimbursed to the city by the subdivider. providing that within a twelve (12) month period in which he or his agent or contractor, shall complete all improvement work and providing that if he shall fail to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall provide for the inspection of all improvements by the city engineer. Such an agreement shall include such stipulations as may be required to assure completion of the subdivision in accord with the requirements of the city.

The agreement may also provide the following:

1. For the construction of the improvements in units;

2. For extension of time under conditions therein specified.

April 11, 2023 Regular Meeting of the Lindsay City Council

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Chapter 17.20.160
Improvement Security
A. The subdivider shall file with the agreement required by the provisions of Section

17.20.150 of this chapter, to assure his full and faithful performance thereof, a bond or security for such sum as the city engineer deems sufficient to cover the cost of the improvements. The security shall be in the manner, form and kind provided by the Subdivision Map Act. The security shall generally be in the amount of one hundred percent of the estimated cost of the improvements, conditioned upon the faithful performance of his agreement by the subdivider, and in the additional amount of fifty one hundred percent of such sum securing the payment by the subdivider to his contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for improvements. The city council may require a lesser amount to secure the faithful performance or act, due to the implementation/use of city programs that allow for a lesser amount, but in no case shall such amount be less than fifty percent of the total estimated cost of the improvement or of the act to be performed. The security provided shall guarantee maintenance and/or repair of all defects in required public improvements for a period of one year following acceptance of the improvements by the city.

B. In lieu of a one hundred percent performance bond and fiftyone hundred percent labor and materials bond, surety may be assured by the filing of an instrument of credit, cash deposit, or deposit of negotiable bonds, which creates a trust fund in an amount equal to one two hundred fifty percent of the cost of the work estimated by the city engineer. The trust fund shall be maintained in a financial institution subject to regulation by the state and federal governments with the trust fund limited to the following conditions:

1. Ten percent of the cost, representing a labor and materials deposit, to be retained for thirty-five days after the filing of the notice of completion;

2. Funds may be discharged from the balance of the surety account from time to time as work is completed, up to ninety percent of value of work completed, with authorization of the city engineer, until all work is completed and the notice of completion is filed;

3. Prior to the final acceptance by the city of improvements, the subdivider shall provide the city with a one-year maintenance bond in the amount of ten (10) one hundred percent of the estimated cost of improvements.

C. In the event the subdivider fails to complete all improvement work in accordance with the provisions of this title and the city has completed them, or if the April 11, 2023 Regular Meeting of the Lindsay City Council

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subdivider fails to reimburse the city for the cost of incidental expenses or to cover the cost of replacement and repair of existing streets or other improvements damaged in the development of the subdivision or requiring repair or replacement during the one-year guarantee period, the city shall demand performance of the agreement by the bonding company, or use the cash or other security deposit placed with the city by the subdivider to do the work and reimburse itself for the cost of work agreed to be performed by the subdivider. If the amount of the surety bond or cash deposit exceeds all costs and expenses incurred by the city, the city shall release the remainder of the bond or certification less the cost and expense incurred by the city. The subdivider shall be liable to the city for any costs additional to those secured, in an action to be brought therefor by the city.

D. The city will require that the completion of all improvements be secured under the provisions of this title and will not permit completion of the improvements by assessment act financing.

E. All required improvements shall be constructed under the inspection of the director of public works, planning director and/or the city engineer. The cost of inspection of work shall be paid by the subdivider in an amount, as determined by the city engineer, sufficient to pay for the inspection, and in no case less than two percent as adopted via City Council resolution of the estimated cost of the improvements.

F. No extension of time, progress payments from cash deposits, or releases of surety bond or cash deposit shall be made except upon the certification by the city engineer that the work covered thereby has been satisfactorily completed, and upon approval of the city council.

All other code sections of Title 17 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.

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acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance.

SECTION 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Lindsay hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

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

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

THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the ____th day of __________________ 2023.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the ____th day of __________________ 2023.

April 11, 2023 Regular Meeting of the Lindsay City Council

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CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Hipolito A. Cerros, Mayor
ATTEST:
____________________________________
Francesca Quintana, City Clerk
April 11, 2023 Regular Meeting of the Lindsay City Council

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STAFF REPORT

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TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 10.5
MEETING DATE: April 11, 2023

ACTION & RECOMMENDATION
Second Reading of Ordinance No. 608, An Ordinance of The City of Lindsay Amending Chapter 14.03 of Title Fourteen (14) of the Lindsay Municipal Code, Amending Conduct in City Parks and Recreation Areas, 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. 608, given that a first reading was approved with no amendments as well as to ensure that the Lindsay Municipal Code is consistent with the specifications of the Lindsay Kiwanis Paw Park Project.

BACKGROUND | ANALYSIS
At the February 28, 2023, Regular Meeting of the Lindsay City Council, the City Council approved the Lindsay Kiwanis Paw Park Project. Upon Staff’s preparations for the project, Staff identified the need to amend Chapter 14.03.050 Animals in City Parks of the Lindsay Municipal Code. Currently, the Lindsay Municipal Code does not allow any person to bring, have, or free any animal within the perimeter of any public park/recreation area.

Ordinance No. 608 attached to this report proposes that the code be amended to allow dogs at the Lindsay Kiwanis Paw Park and City Parks (only when restrained by a leash or similar device).

Ordinance No. 608 was duly noticed pursuant to State Law in the Porterville Recorder at least 10 days prior to the March 28, 2023, Regular Meeting of the Lindsay City Council.

FISCAL IMPACT
No fiscal impact to approve this action.

ATTACHMENTS
• Ordinance No. 608 Redline Copy
April 11, 2023 Regular Meeting of the Lindsay City Council

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ORDINANCE NO. 608
AN ORDINANCE OF THE CITY OF LINDSAY AMENDING CHAPTER 14.03 OF TITLE FOURTEEN (14) OF THE LINDSAY MUNICIPAL CODE, AMENDING

CONDUCT IN CITY PARKS AND RECREATION AREAS
Section 1. PURPOSE. The provisions of this ordinance are intended to ensure that the Lindsay Municipal Code is consistent with the specifications of the Lindsay Kiwanis Paw Park Project.

Section 2. CODE AMENDMENT. Lindsay Municipal Code Chapter 14.03.050 of Title Fourteen (14) are hereby added as follows:

Chapter 14.03.050
Animals In City Parks
A. It is unlawful for any person to bring, have, allow or free any animal within the perimeter of any public park/recreation area, including but not limited to, any horse, fowl, bovine or other domestic animal, or any reptile or other wild animal except:

1. Dogs at the Lindsay Kiwanis Paw Park or any other designated off-leash dog areas;

2. When prior approval has been given by the city services director, or designee;

3. When authorized in designated off-leash dog areas;

4. When Dogs or other permitted animals are restrained by leash or similar device; and

5. Americans with Disabilities Act (ADA) Service Animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal's work or the individual's disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls; and

6. Law enforcement dogs.

B. It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill, throw any stone or missile of any kind at or strike with any stick or weapon, any animal, bird, or fowl in any public park/recreation area.

C. Animals in City Parks must abide by the provisions within Title Six (6) Animals April 11, 2023 Regular Meeting of the Lindsay City Council

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of the Lindsay Municipal Code.

All other code sections of Title 14 remain unchanged.

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 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 April 11, 2023 Regular Meeting of the Lindsay City Council

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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.

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STAFF REPORT
TO: Lindsay City Council
FROM: Nicholas Nave, Public Safety Lieutenant
DEPARTMENT: Public Safety
ITEM NO.: 10.6
MEETING DATE: April 11, 2023

ACTION & RECOMMENDATION
Consider Minute Order Approval of 2023 Model Year Ford Police Interceptor Utility Request for Proposals (RFPs) Submitted and Recommendation to Award Contract to Phil Long Ford of Denver, LLC.

BACKGROUND | ANALYSIS
The Department of Public Safety has been diligently working to address concerns surrounding its aging fleet for the past two years. The City has secured additional funding for the purchase of vehicles through the United States Department of Agriculture (USDA).

On March 27, 2023, Staff released a Request for Proposal (RFP) for five (5) 2023 Ford Interceptor Utility vehicles. Bids were accepted until 4:00 PM on Friday, March 31, 2023. The City duly received one qualified bid from Phil Long Ford of Denver, LLC with no exceptions.

The bid received from Phil Long Ford of Denver, LLC was for five (5) 2023 Ford Explorer Police Interceptor Utility vehicles, as specified in the RFP, with no exceptions, for a per unit price of $48,315.00 or a total of $241,575.00 for all five (5) vehicles.

Additionally, these vehicles are currently in stock at, or in transit to the dealership in Denver, Colorado.

The City has previously done business with this dealership and was satisfied with their service and product.

FISCAL IMPACT
$241,575.00 is the overall cost to purchase the vehicles. Pursuant to the agreement with USDA, USDA will match 54.95% of the overall cost, therefore $132,745.46 will be covered/matched by USDA. The remaining $108,829.54 cost will be sourced from Senator Hurtado’s Grant Award to the Public Safety Department deposited into 101-GENERAL FUND.

ATTACHMENTS
• Notice of Request for Proposal (RFP)
• City of Lindsay 2023 Model Year Ford Police Interceptor Utility Request for Proposal (RFP) • Proposal from Phil Long Ford of Denver, LLC
April 11, 2023 Regular Meeting of the Lindsay City Council

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• Bid Opening Certification
April 11, 2023 Regular Meeting of the Lindsay City Council

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Rick Carrillo- Director of Public Safety
Lindsay Department of Public Safety
185 N. Gale Hill Ave.

Lindsay, CA 93247
Tel: (559)562-2511
Fax: (559)562-7126
www.lindsay.ca.us
March 27th, 2023
Dear Prospective Bidder,
Notice is hereby given that the City of Lindsay (hereinafter “The City”) requests a firm, written price quotation, which meets or exceeds the attached specification for the purchase of the following:
 Five (5) 2023 Ford Interceptor Utility vehicles
The City reserves the right to reject any or all bids, and to waive any irregularities in the bids, per Public Contract Code §22038(a), to accept other than the lowest bid, or not to award the bid. Bids may be rejected if they show any altercations of the price sheet, additions not called for, or alternative bids not properly documented.

Your price must include all standard features, all options listed in the specifications, discounts, delivery/destination charges and all other applicable fees and taxes. All quoted prices shall be current and firm for at least thirty (30) days. All prices to be F.O.B. to Lindsay, California.

Prospective bidders are furnished via email a bid packet. This information is also available on the City of Lindsay’s website: www.lindsay.ca.us. An authorized representative of the company must initial each page, include the dealership name on each page and sign/date the last page.

This transaction will be covered by a City of Lindsay Purchase Order, or Certified Check. All terms included in this proposal and specifications will be binding.

SEALED BIDS will be received at the City Clerk’s Office- 251 E Honolulu St. Lindsay, CA 93247 until Friday, March 31st, 2023 at 4:00 P.M. at which time they will be publicly opened. The envelope must be marked “VEHICLE BID DOCUMENTS- DO NOT OPEN WITH REGULAR MAIL”. Bids received after the date and time indicated will not be opened nor considered. It is the bidder’s responsibility to verify with the courier if the bid package was delivered as described per the bid opening requirements.

The bidder assumes all responsibility for having the bid delivered on time to the specified address. No bidder may withdraw its bid for a period of thirty (30) days after the date set for the opening of bids.

All bidders shall be licensed to sell and/or deliver vehicles in the State of California. Failure to possess the specified license shall render the bid non-responsive.

Questions regarding the bid process or specifics related to vehicle specifications shall be submitted via email to: Lt. Nicholas Nave, Lindsay Department of Public Safety: [email protected], no later than Thursday, March 30th, 2023 at 4:00 P.M.

Sincerely,
Lt. Nicholas Nave
April 11, 2023 Regular Meeting of the Lindsay City Council

Page 41 ends

Dealership Name: _______________________________ Initials_________

CITY OF LINDSAY

VEHICLE SPECIFICATIONS
2023 MODEL YEAR

FORD POLICE INTERCEPTOR UTILITY

1. The City of Lindsay is requesting a firm price quotation for five (5) 2023 model year Ford Police Interceptor Utility Vehicles (K8A/500A), gas, Non Eco-Boost motor

2. It is the intent of this specification to describe, as to the 2023 Police Interceptor Utility, a police vehicle used daily to enforce city, state, and federal law.

3. The manufacturer must use components, materials and design practice that are the best available in the industry for the type of operational condition to which this equipment will be subjected. Engine, transmission, differential, suspension, wheels, tires, and other equipment shall be heavy duty, selected to give maximum performance, service life, and safety; not just meet minimum requirements of this specification.

4. The term “heavy duty” as used in these specifications shall mean that the item to which the term is applied shall exceed when deemed applicable, the usual quantity, quality, or capacity of standard equipment.

5. Failure to read, examine and understand this specification will not excuse any failure to comply with the requirements of this specification or any resulting contracts, nor shall such failure be a basis for claiming additional compensation. If bidder suspects an error, omission, or discrepancy in this specification, bidder must immediately, and in any case not later than five (5) business days in advance of the bid due date, notify the contact person listed in the vehicle specifications. The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after the time specified for opening bids may not be considered. The City will not be responsible for any bidder errors or omissions.

6. Bid forms received after the designated time will not be accepted. The bidder assumes all responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be opened nor considered. No bidder may withdraw its bid for a period of thirty (30) days after the date set for the opening of bids. The City reserves the right to reject any or all bids, and to waive any irregularities in the bids, per Public Contract Code §22038(a).

7. Bids will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official.

April 11, 2023 Regular Meeting of the Lindsay City Council

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Dealership Name: _______________________________ Initials_________

8. CRITERIA FOR EVALUATION AND AWARD
The City evaluates three categories of information: responsiveness, responsibility, and price. All bids, regardless of the type of solicitation, must meet the following responsiveness and responsibility criteria:

A. Responsiveness- The City will determine whether the bid complies with the instructions for submitting bids, including completeness of bid, which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection.

B. Responsibility- The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine “responsibility” include, but are not limited to: excessively high or low priced bid, past performance, references (including those found outside the bid), compliance with applicable laws- including tax laws, bidder’s record of performance and integrity, has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. The City reserves the right to inspect bidder’s facilities, equipment, and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.

C. Price- The City will then evaluate bids that have met the requirements above.

9. Clarification of any item in this specification may be obtained via email from Lt. Nicholas Nave, Operations Division Commander for the Lindsay Department of Public Safety, at [email protected]

10. BIDDER QUALIFICATIONS
All bidders must be licensed to sell and/or deliver vehicles in or to the State of California.

11. Failure on the part of the bidder to comply with the requirements and conditions of this invitation for bid and this specification may subject his/her bid to rejection. No exceptions or deviations from this specification will be considered unless each exception or deviation is specifically stated by the bidder as an exception with a detailed statement completely defining the exception(s). The burden of proof of compliance with this specification is the responsibility of the bidder.

12. The vehicle shall be a new (unused) 2023 model year. The vehicle shall be supplied with all equipment and accessories indicated as standard equipment in the manufacturer’s published literature. Optional equipment as necessary to meet the following specifications shall also be installed.

April 11, 2023 Regular Meeting of the Lindsay City Council

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Dealership Name: _______________________________ Initials_________

13. QUALITY ASSURANCE PROVISION
If the manufacturer and/or dealer requests a City of Lindsay employee inspect the vehicle outside the local area, all costs associated with the travel will be borne by the manufacturer and/or dealer.

14. WARRANTY
The vehicle purchased to these specifications shall include all standard warranties and powertrain care extended service plans.

A copy of the manufacturer’s warranty policy and procedures manual shall be provided to the City of Lindsay upon delivery.

15. TITLE AND REGISTRATION
The dealer is responsible for providing all documentation required for registering the vehicle with the California Department of Motor Vehicles (DMV). The City of Lindsay is exempt from DMV fees.

Manufacturer’s Statement of Origin (MSO) or equivalent documents:

City of Lindsay
c/o Lindsay Police Department
185 N Gale Hill Ave.

Lindsay, CA 93247

16. GUARANTEE
The manufacturer/dealer delivering the vehicle against this specification shall guarantee that the vehicle meets minimum requirements set forth herein. If the vehicle delivered does not meet the minimum requirements of the specification, the City of Lindsay shall have the right to require correction or replacement of the vehicle(s).

17. DELIVERY
Prior to delivery, the vehicle shall be serviced and inspected by the dealer. The dealer shall be responsible for delivery of the vehicle in a complete and ready-for-use condition with all components tested, properly functioning, lubricated, and serviced. All fluids shall be filled to the manufacturer’s recommended capacity, and fuel tanks at least ½ full when they arrive at the delivery destination. The vehicle shall be clean and free from defects when delivered.

Delivery shall be between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday (excluding holidays), to the Lindsay Department of Public Safety- 185 N Gale Hill Ave., Lindsay, CA 93247. The dealer shall contact Lt. Nicholas Nave at (559)562-2511 ext. 7151 to schedule a time to deliver the vehicle.

The dealer shall be responsible for ensuring the delivery performance of all subcontractors.

April 11, 2023 Regular Meeting of the Lindsay City Council

Page 44 ends

Dealership Name: _______________________________ Initials_________ All risks of transportation and related charges shall be the responsibility of the dealer.

All claims for visible or concealed damage shall be filed by the dealer. The City of Lindsay will notify the dealer promptly of any damaged goods and assist the dealer in arranging for inspection.

Delivery period (After Receipt of Order): ________________days.

18. ACCEPTANCE
The vehicle will be subject to a complete inspection by the City of Lindsay and/or its authorized agent(s) prior to acceptance. Inspection criteria shall include, but not be limited to- conformity to specification, mechanical integrity, damage, quality, workmanship, and materials. Three (3) business days shall be allowed for this process.

If a problem or discrepancy is found, the dealer shall retrieve the vehicle(s) within two (2) business days of notification for correction/repairs and redeliver said vehicle(s) as soon as the repairs are complete.

The dealer shall retain title and control of all goods until they are delivered, and acceptance has been made. A final invoice will not be signed until the City of Lindsay has inspected and accepted the vehicle.

19. MANUALS
One (1) factory service manual CD (or other digital storage format) covering all powertrain, drivetrain, powertrain control, emissions diagnosis, body, chassis, electrical components, and wiring diagram of the vehicles purchased shall be included at the time of delivery.

If the CD manual is not available when the vehicle is delivered, a due-bill must be include with the invoice.

20. SPECIFIC REQUIREMENTS- POLICE INTERCEPTOR UTILITY

1. Ford Utility Interceptor, Mid-Size, Four Door, AWD Police Pursuit Rated

2. Dark Car Feature

3. Driver Side Spotlight

4. Backup Camera

5. Police Engine Idle

6. Reverse Sensing

21. EXCEPTIONS
☐ No exceptions
☐ Exceptions taken (describe- attach additional pages)
April 11, 2023 Regular Meeting of the Lindsay City Council

Page 45 ends

Dealership Name: _______________________________ Initials_________

23. ADDITIONAL MATERIALS SUBMITTED
☐ No additional materials have been included with this bid. ☐ Additional materials attached (describe- attach additional pages)

24. PRICING
All standard features, all options listed in these specifications, all discounts, all delivery and destination charges, sales tax and all other applicable fees and taxes shall be included in your bid price.

Pursuant to all the vehicle specifications enumerated and described in this solicitation, we agree to furnish five (5) 2023 Ford Police Interceptor Utility vehicles to the City of Lindsay at the prices stated in this specification.

Description Quantity Unit Cost (includes all fees/taxes) 2023 Police Interceptor Utility 5 $
Total:

Payment terms (not less than net 30 days): ___________________________________ I certify that this quote meets all specifications provided for these vehicles by the City of Lindsay. I have read and initialed each page of the bid specification.

Authorized Signature Date
Printed Name
April 11, 2023 Regular Meeting of the Lindsay City Council

Page 46 ends

Dealership Name: _______________________________ Initials_________

CITY OF LINDSAY

VEHICLE SPECIFICATIONS
2023 MODEL YEAR

FORD POLICE INTERCEPTOR UTILITY

1. The City of Lindsay is requesting a firm price quotation for five (5) 2023 model year Ford Police Interceptor Utility Vehicles (K8A/500A), gas, Non Eco-Boost motor

2. It is the intent of this specification to describe, as to the 2023 Police Interceptor Utility, a police vehicle used daily to enforce city, state, and federal law.

Phil Long Ford Of Denver LLC
April 11, 2023 Regular Meeting of the Lindsay City Council

Page 47 ends

Dealership Name: _______________________________ Initials_________

C. Price- The City will then evaluate bids that have met the requirements above.

9. Clarification of any item in this specification may be obtained via email from Lt. Nicholas Nave, Operations Division Commander for the Lindsay Department of Public Safety, at [email protected]

10. BIDDER QUALIFICATIONS
All bidders must be licensed to sell and/or deliver vehicles in or to the State of California.

Phil Long Ford Of Denver LLC
April 11, 2023 Regular Meeting of the Lindsay City Council

Page 48 ends

Dealership Name: _______________________________ Initials_________

14. WARRANTY
The vehicle purchased to these specifications shall include all standard warranties and powertrain care extended service plans.

A copy of the manufacturer’s warranty policy and procedures manual shall be provided to the City of Lindsay upon delivery.

Manufacturer’s Statement of Origin (MSO) or equivalent documents:

City of Lindsay
c/o Lindsay Police Department
185 N Gale Hill Ave.

Lindsay, CA 93247

The dealer shall be responsible for ensuring the delivery performance of all subcontractors.

Phil Long Ford Of Denver LLC
April 11, 2023 Regular Meeting of the Lindsay City Council

Page 49 ends

Dealership Name: _______________________________ Initials_________ All risks of transportation and related charges shall be the responsibility of the dealer.

All claims for visible or concealed damage shall be filed by the dealer. The City of Lindsay will notify the dealer promptly of any damaged goods and assist the dealer in arranging for inspection.

Delivery period (After Receipt of Order): ________________days.

If the CD manual is not available when the vehicle is delivered, a due-bill must be include with the invoice.

20. SPECIFIC REQUIREMENTS- POLICE INTERCEPTOR UTILITY

1. Ford Utility Interceptor, Mid-Size, Four Door, AWD Police Pursuit Rated

2. Dark Car Feature

3. Driver Side Spotlight

4. Backup Camera

5. Police Engine Idle

6. Reverse Sensing

21. EXCEPTIONS
☐ No exceptions
☐ Exceptions taken (describe- attach additional pages)
x
15-30
Phil Long Ford Of Denver LLC
April 11, 2023 Regular Meeting of the Lindsay City Council

Page 50 ends

Dealership Name: _______________________________ Initials_________

23. ADDITIONAL MATERIALS SUBMITTED
☐ No additional materials have been included with this bid. ☐ Additional materials attached (describe- attach additional pages)

Description Quantity Unit Cost (includes all fees/taxes) 2023 Police Interceptor Utility 5 $
Total:

Authorized Signature Date
Printed Name
X
Net 30 Days
03/30/2023
Rhett M Butler - National Fleet Sales Manager
**Pricing based upon agency having tax exempt status.
48,315.00
$241,575.00
Phil Long Ford Of Denver LLC
April 11, 2023 Regular Meeting of the Lindsay City Council

Page 51 ends

April 11, 2023 Regular Meeting of the Lindsay City Council

Page 52 ends

STAFF REPORT
TO: Lindsay City Council
FROM: Curtis Cannon, Planning Manager
DEPARTMENT:

ITEM NO.:

City Services and Planning

11.1 MEETING DATE: April 11, 2023

ACTION & RECOMMENDATION
Consider Approval of Resolution No. 23-07, A Resolution of the City Council of the City of Lindsay Approving Tentative Parcel Map No. 23-01, to Subdivide Approximately 35.08 Acres North of Tulare Road, West of the Southern Pacific Railroad Tracks (APN’s 199-050-017, 201-170-010, 201-180-013) Into Four Parcels and a Remainder, from NFDI LLC, and Finding that Project is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15315 of CEQA Guidelines and Direct City Clerk to File a Notice of Exemption (NOE).

Based on the findings and subject to the conditions of approval within this report, Staff recommends that the City Council approve Resolution 23-07.

BACKGROUND | ANALYSIS
Tentative Parcel Map No. 23-01 is a request by NFDI LLC to subdivide approximately 35.08 acres of land (APN’s 199-050-017, 201-170-010, 201-180-013) owned by Valerie O’Hara into four parcels and a remainder. The existing parcel will be divided into the following four (4) parcels. • Parcel 1 (4.14 acres)
• Parcel 2 (6.55 acres)
• Parcel 3 (9.58 acres)
• Parcel 4 (6.81 acres)
• Remainder (8 acres)
The subject property is located North of Tulare Road and West of the Southern Pacific Railroad tracks.

The proposed project is located in the Mixed Use (MU), Medium Density Residential (R-M-3), and Low Density Residential (R-1-7) zones as shown below.

April 11, 2023 Regular Meeting of the Lindsay City Council

Page 53 ends

Page 2 ends

General Plan Map
Zone Map
The proposed Tentative Parcel Map 23-01 and its future uses are consistent with the requirements of the General Plan, Zoning Ordinance, and Subdivision Ordinance of the City of Lindsay.

The proposed Tentative Parcel Map 23-01 is being requested to allow for future development of a residential subdivision and a Mini Storage facility. The parcel lines follow the phase lines of the future subdivision that is currently being processed. The eight-acre remainder will be developed into a Mini Storage, as approved by the City Council on January 24, 2023. The future Tentative Subdivision Map is currently in the environmental review process and is anticipated to go before the City Council within the next few months.

Pursuant to Section 17.24.050 of the Lindsay Municipal Code, a Tentative Parcel Map may be approved if the proposed map meets the findings of the Municipal Code and the Conditions of Approval which are as follows.

April 11, 2023 Regular Meeting of the Lindsay City Council

Page 54 ends

Page 3 ends

1. City Engineer’s Requirements:
a. Tentative Parcel Map (TPM) shall meet all applicable requirements of the City of Lindsay Municipal Code Section 17.16.
b. Submit a Final Parcel Map in accordance with the City of Lindsay Municipal Code Section 17.24, and as may be directed by the City Surveyor. c. Public Improvements: Since street frontage improvements such as curb, gutter, sidewalk and pavement already exist for each proposed parcel, any additional water, sewer and/or drainage services or other public improvements will be required with future development of the parcels. Final Parcel Map shall include a Deferred Improvement note on the cover sheet to require construction of water services, sewer laterals, drive approaches and/or any required drainage improvements upon issuance of a building permit or development of the individual parcels.
d. Prior to any development approval or issuance of a building permit for any parcel, the property owner/developer shall request and obtain, if available, written approval from the City to provide water service to the property.

2. City Surveyor’s Requirements:
a. Final Parcel Map shall be prepared by a licensed land surveyor or registered civil engineer authorized to practice land surveying.
b. Final Parcel Map shall be based on a field survey.
c. Final Parcel Map shall be in substantial conformance to approved TPM. Show all required public right of way dedications, access easements, PUEs and any other required easements on the Final Parcel Map.
d. Prepare a 20.00-foot access easement or covenant of easement for the benefit of Parcel 1, by and over Parcel 2 by separate document and shown on the Final Parcel Map. e. Provide a Parcel Map Title Guarantee dated within 30 days of recordation. f. Provide Tax Clearance within 30 days of recordation.

3. City Requirements:
a. The site shall meet all City development and State Building Code requirements prior to beginning operations.
b. The business shall meet all City requirements, laws, and regulations found in the City’s Municipal Code.
c. The business shall pay all fees and taxes imposed by the City of Lindsay. d. No use shall emit particulate matter or other air pollutants in excess of the applicable air pollution emission standards of the San Joaquin Valley Air Pollution Control District, the state or of the federal government.
e. Security measures shall be implemented to ensure there is a less than significant impact on the City of Lindsay’s Public Safety Department.

California Environmental Quality Act (CEQA) Section 15315 identifies “Minor land divisions in an urbanized area” as Categorically Exempt. A draft Notice of Exemption has been prepared and attached to this report. Should the City Council approve Resolution No. 23-07, the City Clerk shall file the notice with the County Recorder.

April 11, 2023 Regular Meeting of the Lindsay City Council

Page 55 ends

Page 4 ends

The project was noticed pursuant to state law in the Porterville Recorder at least 10 days prior to the April 11,2023 Regular City Council Meeting.

Pursuant to Chapter 17.16.100 of the Lindsay Municipal Code, notice of the public hearing was given not less than ten days nor more than twenty-five days prior to the date of the hearing by mailing postage prepaid, a notice of the time and place of the hearing to the names and last known addresses of the recorded legal owners of all properties within 300 feet of each boundary of the site, as shown on the latest adopted assessment roll of Tulare County;

ATTACHMENTS
• Resolution No. 23-07 Proof of Notice of Public Hearing • Resolution No. 23-07 Notice of Public Hearing Mailed to Property Owners within 300 feet • Tentative Parcel Map No. 23-01
• CEQA Notice of Exemption
• Resolution No. 23-07
April 11, 2023 Regular Meeting of the Lindsay City Council

Page 56 ends

April 11, 2023 Regular Meeting of the Lindsay City Council

Page 57 ends

NOTICE OF PUBLIC HEARING
The City of Lindsay invites you to the public hearing for the consideration of the project below.

This public hearing will be your opportunity to communicate any questions or concerns regarding the proposed project.

Hearing Date and Time: Tuesday, April 11th, 2023, at 6:00pm Hearing Location: Council Chambers, City Hall, 251 E Honolulu St. Lindsay CA 93247 Project: Tentative Parcel Map (TPM 23-01)
Project Location: Tulare Rd. North of Westwood Ave.

Project Description: Subdivide approximately 35.08 acres into 4 parcels and a remainder with the intention of developing a residential subdivision and a mini storage facility.

AVISO DE AUDIENCIA PUBLICA
La Ciudad de Lindsay los invita a la junta de audiencia pública para la consideración del proyecto descrito en este aviso. Esta junta servirá como oportunidad de expresar cualquier preocupación o pregunta.

Hora y fecha de junta: martes, 11th de abril, 2023 a las 6:00pm Ubicación de junta: sala de consejo, City Hall, 251 E Honolulu St. Lindsay, CA 93247 Proyecto: mapa de parcela provisional
Ubicación de proyecto: Tulare Rd. Norte de Westwood Ave.

Descripción de proyecto: división de aproximadamente 35.08 acres por 4 parcelas y un restante.

El propósito de la división es para crear un proyecto residencial y una bodega con el resto.

Thank you/Gracias,
Araceli Mejia
Assistant City Planner
559-562-7102 ext. 8035

DEPARTMENT OF CITY SERVICES
7102
April 11, 2023 Regular Meeting of the Lindsay City Council

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FIESTA TRACT RM22/15
AUTUMN HILL ESTATES RM43/84 SOUTHERN PACIFIC RAIL ROAD 100' 100'
50'
50' 6.81 ACRES PARCEL 4 LOT 16 HOSTETTERS SUB RM 8/56
PARCEL MAP 3561
PM 36/64
TULARE ROAD AVE 232
30'
30'
60'
N1°26'37"W 1414.0'
234.2'
N88°54'28"W 832.5' N89°37'57"E 272.7'
N0°00'00"E 947.0' N0°17'51"W 208.7' N90°00'00"W 5.0' 239.9' 1149.7'
N23°46'30"W 1474.2' 4.14 ACRES PARCEL 1 6.55 ACRES PARCEL 2 9.58 ACRES PARCEL 3 REMAINDER 8.00 ACRES 498.7' 333.8' S0°00'00"E 266.5' 55.0' 165.1' N89°57'00"E 220.1' N0°00'55"W 100.0' N0°00'00"E 160.0' N90°00'00"W 15.0' N89°59'05"E 35.0' N90°00'00"W 253.3' N0°00'55"W 188.4' 66.9' 253.3'
N0°00'00"E 743.4'
N0°00'00"E 815.8' N90°00'00"E 8.0' 273.0' 606.2' 124.8' 148.2' N88°54'28"W 1616.1' N88°34'32"E 599.2'
875.0' JOB: 202272 OCTOBER 2022 SHEET 1 OF 1 200' SCALE: 1"= N 200' 0' 400' BEING A DIVISION OF LOT 16 OF THE MAP OF HOSTETTERS SUBDIVISION RECORDED IN BOOK 8 OF MAPS AT PAGE 56 OF OFFICIAL RECORDS AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF OF SECTION 6, TOWNSHIP 20 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF LINDSAY, COUNTY OF TULARE, STATE OF CALIFORNIA. TENTATIVE PARCEL MAP OCTOBER 2022 APPLICANT QUEST EQUITY LLC 1969 HILLMAN TULARE, CA (559)799-6993 AUTHORIZED AGENT AW ENGINEERING 810 W. ACEQUIA AVE VISALIA, CA 93291 (559) 713-6139 LAND SURVEYOR BRIAN S. BORUM LS 1445 W. GRAND AVE STE C GROVER BEACH, CA 93433 (805)270-4154 SITE DATA APN: 201-180-013, 201-170-010, 199-050-017 ZONING DESIGNATION: MIXED USE & R-1-7 EXITING USE: RURAL RESIDENTIAL/AG PROPOSED USED: MIXED USE/RESIDENTIAL TOTAL AREA : 35.08 ACRES ± FLOOD ZONE: ZONE X - PANEL NO. 06107C1305E EFF. 6-16-2009 ELECTRICITY: SOUTHERN CALIFORNIA EDISON WATER: CITY OF LINDSAY SEWER: CITY OF LINDSAY REFUSE: CITY OF LINDSAY TELEPHONE: AT&T www.borumlandsurveying.com NOTE: AERIAL IMAGERY IS FOR INFORMATIONAL PURPOSES ONLY AND PROVIDED BY MICROSOFT. BOUNDARY LINES SHOWN HEREON IS CALCULATED FROM RECORD N VICINITY MAP N.T.S.

ASH AVE

MAPLE AVE
ROAD 214
TULARE RD. (AVE. 232)
S.P.R.R FAIRVIEW DR. ALAMEDA ST. AUTUMN HILLS CITY OF LINDSAY FRESNO ST. SITE April 11, 2023 Regular Meeting of the Lindsay City Council Page 59 Notice of Exemption
To: Office of Planning and Research
P.O. Box 3044, Room 212
Sacramento, CA 95812-3044
County Clerk
Tulare County
Tulares County Government Center
Visalia, CA 93291
From: City of Lindsay
251 E. Honolulu St.

Lindsay, CA 93247
Project Title: Tentative Parcel Map
Project Applicant/Address: – NFDI LLC, 1878 N. Mooney Blvd., Tulare CA 93274 Project Location – City of Lindsay Project Location – County: Tulare County Description of Nature, Purpose and Beneficiaries of Project: The proposed project is a Tentative Subdivsion Map Name of Public Agency Approving Project: City of Lindsay Name of Person or Agency Carrying Out Project: NFDI LLC, ATTN: Greg Nunley Exempt Status: (check one)
Ministerial (15268);
Declared Emergency (15269 (a));
Emergency Project (15269(b)(c));
Categorical Exemption: State type and section number: Section 15315 Statutory Exemption. State code number:

Reasons why project is exempt: The project does not require further review pursuant to Section 15315 as a minor land division in an urbanized area. No potential new impacts related to the development have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the General Plan EIR. No other special circumstances exist that would create a reasonable possibility that the project will have a significant adverse effect on the environment. Therefore, pursuant to State CEQA Guidelines Section 15315, no further environmental review is required.

Lead Agency Contact Person: Curtis Cannon Area Code/ Telephone: (559) 562-7102 Ext 8041 Signature: Date: Title: Planning Manager

Signed by Lead Agency Date received for filing at OPR:

Signed by Applicant
April 11, 2023 Regular Meeting of the Lindsay City Council

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A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-07

Page 1 of 4 ends

NUMBER 23-07
TITLE

MEETING

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY APPROVING TENTATIVE PARCEL MAP NO. 23-01, TO SUBDIVIDE
APPROXIMATELY 35.08 ACRES NORTH OF TULARE ROAD, WEST
OF THE SOUTHERN PACIFIC RAILROAD TRACKS (APN’S 199-050- 017, 201-170-010, 201-180-013) INTO FOUR PARCELS AND A

REMAINDER, FROM NFDI LLC, AND FINDING THAT PROJECT IS

EXEMPT FROM REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION
15315 OF CEQA GUIDELINES AND DIRECT CITY CLERK TO FILE A

NOTICE OF EXEMPTION (NOE)
At a regularly scheduled meeting of the City of Lindsay City Council held on April 11, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, Tentative Parcel Map No. 23-01 was filed pursuant to the regulations contained in Chapter 17.24 of Title 17, Subdivisions of the Lindsay Municipal Code; and WHEREAS, the City Council of the City of Lindsay, after ten (10) days published notice, did hold a public hearing before said Council on April 11, 2023, and WHEREAS, Pursuant to Chapter 17.16.100 of the Lindsay Municipal Code, notice of the public hearing was given not less than ten days nor more than twenty-five days prior to the date of the hearing by mailing postage prepaid, a notice of the time and place of the hearing to the names and last known addresses of the recorded legal owners of all properties within 300 feet of each boundary of the site, as shown on the latest adopted assessment roll of Tulare County; and WHEREAS, Planning Staff have prepared necessary investigations and prepared a staff report of information bearing upon the Tentative Parcel Map application; and WHEREAS, the project is exempt from the California Environmental Quality Act as it is consistent with the Community and Zoning Plan (Section 15315).

April 11, 2023 Regular Meeting of the Lindsay City Council

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A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-07

Page 2 of 4 ends

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. The project is exempt from the California Environmental Quality Act as it is consistent with the Community and Zoning Plan (Section 15315).

SECTION 3. The City Council of the City of Lindsay hereby finds that the proposed Tentative Parcel Map application is consistent with the provisions of the City of Lindsay Municipal Code. Title 17.

SECTION 4. The site shall meet all City development and State Building Code requirements prior to beginning operations.

SECTION 5. The business shall meet all City requirements, laws, and regulations found in the City’s Municipal Code.

SECTION 6. The business shall pay all fees and taxes imposed by the City of Lindsay.

SECTION 7. No use shall emit particulate matter or other air pollutants in excess of the applicable air pollution emission standards of the San Joaquin Valley Air Pollution Control District, the state or of the federal government.

SECTION 8. Security measures shall be implemented to ensure there is a less than significant impact on the City of Lindsay’s Public Safety Department.

SECTION 9. In addition to the sections above, the following conditions of approval from the Department of City Services & Planning apply.

1. City Engineer’s Requirements:
a. Tentative Parcel Map (TPM) shall meet all applicable requirements of the City of Lindsay Municipal Code Section

17.16. b. Submit a Final Parcel Map in accordance with the City of Lindsay Municipal Code Section 17.24, and as may be directed by the City Surveyor.

April 11, 2023 Regular Meeting of the Lindsay City Council

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A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-07

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c. Public Improvements: Since street frontage improvements such as curb, gutter, sidewalk and pavement already exist for each proposed parcel, any additional water, sewer and/or drainage services or other public improvements will be required with future development of the parcels. Final Parcel Map shall include a Deferred Improvement note on the cover sheet to require construction of water services, sewer laterals, drive approaches and/or any required drainage improvements upon issuance of a building permit or development of the individual parcels.
d. Prior to any development approval or issuance of a building permit for any parcel, the property owner/developer shall request and obtain, if available, written approval from the City to provide water service to the property.

2. City Surveyor’s Requirements:
a. Final Parcel Map shall be prepared by a licensed land surveyor or registered civil engineer authorized to practice land surveying.
b. Final Parcel Map shall be based on a field survey.
c. Final Parcel Map shall be in substantial conformance to approved TPM. Show all required public right of way
dedications, access easements, PUEs and any other required easements on the Final Parcel Map.
d. Prepare a 20.00-foot access easement or covenant of easement for the benefit of Parcel 1, by and over Parcel 2 by separate document and shown on the Final Parcel Map.
e. Provide a Parcel Map Title Guarantee dated within 30 days of recordation.
f. Provide Tax Clearance within 30 days of recordation.

3. City Requirements:
a. The site shall meet all City development and State Building Code requirements prior to beginning operations.
b. The business shall meet all City requirements, laws, and regulations found in the City’s Municipal Code.
c. The business shall pay all fees and taxes imposed by the City of Lindsay.
d. No use shall emit particulate matter or other air pollutants in excess of the applicable air pollution emission standards of the April 11, 2023 Regular Meeting of the Lindsay City Council

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A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-07

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San Joaquin Valley Air Pollution Control District, the state or of the federal government.
e. Security measures shall be implemented to ensure there is a less than significant impact on the City of Lindsay’s Public Safety Department.

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

MEETING DATE April 11, 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
April 11, 2023 Regular Meeting of the Lindsay City Council

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STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 12.1
MEETING DATE: April 11, 2023

ACTION & RECOMMENDATION
Consider the Approval of Names for Appointment to the City Sign Ordinance Ad-Hoc Committee.

Staff recommends that the City Council approve and appoint names to the established City Sign Ordinance Ad-Hoc Committee.

BACKGROUND | ANALYSIS
At the February 28, 2023, Regular Meeting of the Lindsay City Council, the Council approved the formation of the City Sign Ordinance Ad-Hoc Committee and appointed Mayor Cerros and Council Member Sanchez. The purpose of the committee is to make recommendations on amendments to the City’s current sign ordinance. This ad-hoc committee would abide by Brown Act guidelines, generally serve a single purpose, and would be dissolved when amendments to the City’s sign ordinance were adopted. The committee would meet three (3) times in the evening during the 2023 year to provide City Staff with input and recommendations regarding the City’s proposed amendments to the current sign ordinance. City Staff would be responsible for overseeing the committee meetings.

An ad-hoc committee composed of five (5) to six (6) members made up of two (2) City Council Members, one (1) to two (2) local business owners, one (1) representative appointed by the Lindsay Chamber of Commerce, and one (1) representative from Lindsay Murals was approved by the City Council. City Staff reached out to local businesses and community members regarding their interest in serving as representatives on the committee.

At the March 28, 2023 Regular Meeting of the Lindsay City Council, the names identified in Table 1 below were put forward for the City Council’s consideration and approval.

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Table 1
Staff Recommended List (March 28, 2023, Regular Meeting of the Lindsay City Council)

GROUP NAME
1 Lindsay City Council Hipolito A. Cerros, Mayor
2 Lindsay City Council Rosaena Sanchez, Council Member
3 Lindsay Chamber of Commerce Henry Brower, Board Member Husband of Francis Brower with the Spirit and the Bride Kingdom Coalition. Involved in Harvest Festival, Christmas activities/donations. In compliance with current City Sign Ordinance.
4 Local Business Owner Eddie Smith, Webb Sanders Funeral Home Involved in activities/donations in City. In compliance with current City Sign Ordinance.
5 Local Business Owner Raj Singh, Lindsay Chevron
Involved in activities/donations in City, most notably Santa Night, provides food for the community. Member of Sikh Community. In compliance with current City Sign Ordinance.
6 Community Member Valeriano Saucedo, Retired Judge
Involved in activities in the City. Provides English classes to Lindsay residents. Knowledgeable/experienced in the law and municipal government. Former Mayor.
7 Lindsay Murals Judyth Dreiger, Mural Society Vice President Involved in activities in the City. Conducts Lindsay mural outreach to the surrounding communities.

At that meeting, the City Council decided to take no action on the item and requested that the item be brought back to the Council with amendments. The Council requested that the list of names be amended to include additional business owners and residents and provided names for consideration.

Table 2 below demonstrates the list of names with the Council’s amendments incorporated.

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Table 2
City Council Amended List

GROUP NAME
1 Lindsay City Council Hipolito A. Cerros, Mayor
2 Lindsay City Council Rosaena Sanchez, Council Member
3 Local Business Owner Eddie Smith, Webb Sanders Funeral Home Involved in activities/donations in City. In compliance with current City Sign Ordinance.
4 Local Business Owner Raj Singh, Lindsay Chevron
Involved in activities/donations in City, most notably Santa Night, provides food for the community. Member of Sikh Community. In compliance with current City Sign Ordinance.
5 Community Member Valeriano Saucedo, Retired Judge
Involved in activities in the City. Provides English classes to Lindsay residents. Knowledgeable/experienced in the law and municipal government. Former Mayor.
6 Lindsay Murals Judyth Dreiger, Mural Society Vice President Involved in activities in the City. Conducts Lindsay mural outreach to the surrounding communities.
7 Lindsay Resident Mercy Herrera
Involved in Veritas Art Center. Mobile Notary business owner.

Longtime Lindsay resident.
8 Local Business Owner Brian Watson, State Farm
In violation of current City Sign Ordinance.
9 Local Business Owner Rich Alvarez, Primos Auto Insurance In violation of current City Sign Ordinance. Business Cited by City Building Official.

FISCAL IMPACT
No fiscal impact associated with this action.

ATTACHMENTS
• None
April 11, 2023 Regular Meeting of the Lindsay City Council

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STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 12.2
MEETING DATE: April 11, 2023

ACTION & RECOMMENDATION
Review Existing Appointments and Consider the Approval of Appointment of Council Member Representatives to Boards, Agencies, and Committees.

Staff recommends that the Council review these appointments and to consider their level of involvement, their schedule, and determine whether appointments should be re-assigned based on Council Member’s interests.

BACKGROUND | ANALYSIS
The City Council last appointed representatives to various boards, agencies, and committees on December 14, 2022. At the March 28, 2023, Regular Meeting of the Lindsay City Council, the Council requested to review the existing appointments and make changes if needed. Maintaining active representation is critical to the long-term success of the City.

Table 1: Boards, Agencies, and Committees Appointments (effective December 14, 2022) Board, Agency, or
Committee Name
Meeting Time Meeting
Format
Council Member
Representative
Council Member
Representative
Alternate
Integrated
Regional Water
Management
(IRWM)
First Tuesday of
every month at
9:00 AM
In-person Cerros Flores
East Kaweah
Groundwater
Sustainability
Agency (EKGSA)
Fourth Monday of
the first month of
every quarter at
3:00 PM
In-person Cerros Sanchez
Tulare County
Association of
Government
(TCAG) Board of
Governors
Third Monday of
every month at
1:00 PM
In-person Flores Serna
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Tulare County
Regional Transit
Agency (TCRTA)
Board of Directors
Third Monday of
every month at
6:00 PM
In-person Cerros Sanchez
Tulare County
Association of
Government
(TCAG) Transit
Representative
Third Monday of
every month at
1:00 PM
In-person No Appointment
Necessary
Cerros
*Per Committee Bylaws,
one (1) Alternate
Representative
appointed per County
Lindsay Wellness
Center
Programming
Committee
Second Monday of
every month at
5:30 PM
In-person Serna Sanchez
Healthy KidsHealthy LindsayQuarterly, select
Weekday’s at 3:30
PM
In-person Mayor
*Per Committee Policy,
the Mayor is
automatically the Board
Member
Mayor Pro Tem
*Per Committee Policy,
the Mayor Pro Tem is
automatically the
Alternate Board
Member
Tulare County
City Selection
Committee
Quarterly, select
Weekday’s at 4:00
PM, or on an asneeded basis
In-person Mayor
*Per Committee Bylaws
the Mayor is
automatically the
selected member
Flores
Friday Night
Market
Operations AdHoc Oversight
Committee
As-needed basis In-person Caudillo
*Per Agreement with
Market Operator, two
(2) Council Member
Representatives are
needed
Cerros
*Per Agreement with
Market Operator, two
(2) Council Member
Representatives are
needed
San Joaquin
Valley (SJV) Air
Pollution Control
District Special
City Selection
Committee
As-needed basis,
typically in the
evenings
In-person Serna Cerros
Tulare County
Council of Cities
Bimonthly,
Wednesday’s at
4:00 PM, or on an
as-needed basis
In-person Flores Cerros
Descriptions of Boards and Committees are as follows.

Integrated Regional Water Management (IRWM)
The Kaweah River Basin Integrated Regional Water Management (KIRWM) group is a collaborative effort to manage all aspects of water resources in the Kaweah River Basin Region. There are many agencies and stakeholders involved in the IRWM, including the Kaweah Delta Water Conservation District, County of Tulare, Exeter Irrigation District, Lakeside Irrigation District, Tulare Irrigation District and the cities of Visalia, Tulare, Lindsay, and Farmersville. The City of Lindsay has been successful with April 11, 2023 Regular Meeting of the Lindsay City Council

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IRWM grant applications in the past 6 years and will continue to apply for grant application should they become available in the future.

East Kaweah Groundwater Sustainability Agency (EKGSA)
The East Kaweah Groundwater Sustainability Agency is responsible for submitting a groundwater sustainability plan (GSP) to the California Department of Water Resources (DWR) while working cooperatively with the Mid Kaweah and Greater Kaweah GSA’s to meet sustainability requirements for the Kaweah Sub-basin. Through the SGMA phases, the East Kaweah GSA’s Board of Directors, Technical Advisory Committee and Advisory Committee will collect and organize data, engage, and retain experts and consultants, and solicit feedback from beneficial users of groundwater and interested parties within the GSA boundary.

Tulare County Association of Government (TCAG) Board of Governors The Board of Governors directs Tulare County Association of Governments (TCAG) and is composed of one representative from each of the eight cities, five members of the County Board of Supervisors, three members-at-large, and one representative of public transit.

Tulare County Regional Transit Agency (TCRTA) Board of Directors The Tulare County Regional Transit Agency is a joint powers agency formed by the County of Tulare and the Cities of Exeter, Farmersville, Lindsay, Porterville, Tulare, and Woodlake. The purpose of the Joint Powers Agreement is to empower the Member Agencies to exercise their common powers by the formation and operation of TCRTA, with full power and authority to own, operate, and administer a public transportation system within the jurisdictions of the Member Agencies.

Tulare County Association of Government (TCAG) Transit Representative The Tulare County Association of Governments (TCAG) is required to have a member that represents transit agencies and riders on the Board. Per the policy, the elected official receiving the highest number of votes will be appointed as the member; the person with the second highest number of votes will have the opportunity to serve as the Transit alternate on the Board.

Lindsay Wellness Center Programming Committee
The Wellness Center has been developed through a partnership with the Lindsay District Hospital Board and the City of Lindsay with the purpose of establishing beneficial programming at the Wellness Center for the Lindsay community.

Healthy Kids-Healthy Lindsay
Healthy Kids-Healthy Lindsay creates opportunities for health, community improvement, personal responsibility, and safety for the community of Lindsay. Council bylaws automatically appoints the Mayor as a Board Member and the Mayor Pro Tem as the alternate Board Member Tulare County City Selection Committee
Tulare County City Selection Committee is compromised of the mayors of all eight (8) cities within Tulare County.

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Friday Night Market Operations Ad-Hoc Oversight Committee The Friday Night Market Operations Ad-Hoc Committee consists of two City Council members and the Market Operator. The Oversight Committee shall have final say in resolving disputes as submitted by vendors through a Complaint Form. The purpose of the ad-hoc oversight committee would be to settle disputes which the market operator was unable to resolve with a vendor(s).

San Joaquin Valley (SJV) Air Pollution Control District Special City Selection Committee San Joaquin Valley (SJV) Air Pollution Control District Special City Selection Committee is a valleywide Special City Selection Committee which is charged with making appointments of city representatives to the San Joaquin Valley Air Pollution Control District’s (District’s) Governing Board.

The Special City Selection Committee consists of one member selected by a majority vote of the Council of each city located within the District. An alternate can be selected to attend if the primary member is unable to attend a meeting.

Tulare County Council of Cities
Tulare County Council of Cities serves as a framework in which Tulare County Cities can work effectively, efficiently, and cooperatively in developing solution to regional issues and is composed by the following cities, Lindsay, Porterville, Farmersville, Exeter, Tulare, Visalia, Woodlake, and Dinuba.

FISCAL IMPACT
No fiscal impact associated with this action.

ATTACHMENTS
• None
April 11, 2023 Regular Meeting of the Lindsay City Council

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Lindsay City CouncilApril 11, 2023

Lindsay City Council
April 11, 2023