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Minutes

Lindsay City Council
July 11, 2023

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Minutes
Meeting
July 11, 2023
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Lindsay City Council
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6
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Text extracted from the city's file for reading and search. Open the original on lindsayca.api.civicclerk.com. That file is the official record.

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 July 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. Those who would like to make a public comment during the public comment portion of the agenda may do so by utilizing the raise hand feature or indicating they would like to make a comment in the chat.

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. PLEDGE
Led by Mayor Pro Tem FLORES.

3. ROLL CALL
Present Mayor Cerros
Mayor Pro Tem Flores
Council Member Sanchez
Absent *Council Member Caudillo
*Council Member Serna
*Absent with notice.

4. CONSIDER THE REQUEST BY COUNCILMEMBER CAUDILLO TO

EXCUSE HER ABSENCES FROM COUNCIL MEETINGS FROM
JULY 11, 2023, TO OCTOBER 08, 2023, DUE TO MEDICAL REASONS (pp. 5 – 32)
Presented by Megan Dodd, City Attorney
• Mayor CERROS made a motion to approve this action, however not receiving a second to the motion, the CITY CLERK declared the motion dead. Therefore, no action was taken on this item.

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5. APPROVAL OF AGENDA
Motion to Approve Agenda
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (3-0) ABSENT AYE ABSENT AYE AYE

6. PUBLIC COMMENT
The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via 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. • In person public comment from Jose SORIA. SORIA recommended that the City look into being a part of or joining the Mosquito Factor Abatement District. There are currently many mosquito issues in the County. SORIA hopes the City will consider discussing being a part of this district as most of Tulare County is already a part of said district.

7. COUNCIL REPORT
• Mayor Pro Tem FLORES had no report.
• Council Member SANCHEZ had no report.
• Mayor CERROS was happy to partner with the Fresno Area Hispanic Chamber of Commerce to host a Business Resource Fair for the Hispanic Community at the Wellness Center. The event was a great success and the Mayor thanked Recreation Staff and event sponsors for all their help on the event. The event saw over 60 attendees. The event provided many resources to the Hispanic business community. Mayor CERROS also participated in a walk-through and tour of Lindsay with Assemblyman Mathis and his Chief of Staff Matthew Tuttle. Mayor CERROS took this time to inform the assemblyman of the status of downtown and brainstorm plans for the future. Mayor CERROS provided a letter of support for SB326 on a personal capacity. Mayor CERROS attended the Woodlake Firework show and hopes to see a firework show in Lindsay in the future. Mayor CERROS indicated he might request this as a part of the request for future items portion of the meeting.

8. CITY MANAGER REPORT
• CITY MANAGER reported that Fourth of July was a very busy night for the Department of Public Safety, some small fires occurred, however staff was able to respond and address any issues that night.

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• CITY MANAGER reported that an individual has been offered employment for the position of Director of Finance.
• CITY MANAGER reported that the budget process is currently underway. • CITY MANAGER shared that the City is officially a part of PRISM, the City’s new insurance provider. The City will continue to work with its former insurance provider on any claims that were incurred prior to the City joining the new insurance company.

Thanked CITY CLERK for her efforts to complete this project. • CITY MANAGER informed that there have been a number of security upgrades performed on City accounts by the City’s IT company. Informed that should anyone have any issues, then they can reach out to City Staff to get it fixed.

9. RECOGNITION ITEMS

9.1 Letter of Recognition to Sergeant John Moreno, Officer Manuel Vejar, Fire Apparatus Engineer Brendan Diaz, and Reserve Officer Kenneth Clifford Presented by Chief Rick Carrillo, Director of Public Safety

10. DISCUSSION ITEMS

10.1 California Law Regarding Storage of Vehicles (pp. 33 – 49) Requested by Mayor Cerros
Presented by Chief Rick Carrillo, Director of Public Safety

10.2 Lindsay Downtown Highest and Best Use Analysis (pp. 50 – 106) Requested by Mayor Cerros
Presented by Joseph M. Tanner, City Manager
• In person public comment from Jose SORIA. SORIA appreciates the focus on arts in the downtown area. SORIA recommends that the City start outreach/communicating with downtown vacant property business owners to inquire about the possibility of revitalization to increase property value instead of selling. SORIA does not recommend downtown archway as large trucks might pass through it and knock it down. • Council Member SANCHEZ requested a list of vacant properties and their status. • City Council unanimously directed the City to begin the Surplus Land Act Process for City-owned downtown property as well as vacant property tax and downtown business district.

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

11.1 Minutes from June 27, 2023, Regular Meeting (pp. 107 – 112)

11.2 Warrant List for June 19, 2023 through July 02, 2023 (pp. 113 – 124)

11.3 Treasurer’s Report for June 2023 (p. 125)

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11.4 Consider the Minute Order Approval of Resolution No. 23-26, A Resolution of the City Council of the City of Lindsay Terminating the Proclamation and Existence of A Local Disaster (pp. 126 – 128)

11.5 Consider the Approval of Authorization to Bid the Water Treatment Plant Filter Bank D Project and Finding that Project is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15062 and Granting City Staff Authorization to File a California Environmental Quality Act (CEQA) Notice of Exemption (pp. 129 – 131)

11.6 Consider the Approval of Downtown Lindsay Demolition and Cleanup Project Request for Proposals (RFPs) Submitted and Recommendation to Award Contract to Resource Environmental, Inc. (pp. 132 – 134)

11.7 Consider the Minute Order Acceptance of the Hermosa Street Improvements Project as Complete and Grant City Staff Authorization to File a Notice of Completion with the County of Tulare Recorder (pp. 135 – 137)
• Item 11.6 pulled for discussion, ENGINEER TECHNICIAN provided images of the project.

Motion to Approve Consent Calendar
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (3-0) ABSENT AYE ABSENT AYE AYE

12. ACTION ITEMS

12.1 Consider the Approval of Names for Appointment to the City Water Ad-Hoc Committee (pp. 138 – 143)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager Motion to Approve Item 12.1
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS FLORES (3-0) ABSENT AYE ABSENT AYE AYE

13. PUBLIC HEARING ITEMS

13.1 Public Hearing to Consider the Approval of Resolution No. 23-27, A Resolution of the City Council of the City of Lindsay Approving Conditional Use Permit (CUP) No. 23-02 Which Amends Conditional Use Permit (CUP) No. 22-01 Which Allowed for A Cannabis Dispensary, Cultivation, and Consumption Lounge Within the Central Commercial Zone and Retail Cannabis Dispensary Zone for the Property at 123 West Honolulu Street, Lindsay, CA

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93247, In Order to Authorize Phase Out of the Building Construction and Finding that Project is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15301 (pp. 144 – 156)
Presented by Curtis Cannon, Planning Manager
• Mayor opened public hearing at 7:47 PM.
• Receiving no public comment, Mayor closed public hearing at 7:48 PM.

Motion to Approve Item 13.1 with Elevate LLC required to complete Phase I of building construction within six (6) months of the date in which the building permit is issued and Phase II by December 01, 2024. 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
FLORES CERROS (3-0) ABSENT AYE ABSENT AYE AYE

14. EXECUTIVE (CLOSED) SESSION

14.1 Conference with Labor Negotiators Pursuant to Cal Gov. Code § 54957.6 Agency Designated Representative: Joseph M. Tanner, City of Lindsay Employee Organization: The Lindsay City Employees’ Association; ‘Service Employees International Union (SEIU)’

14.2 Conference with Labor Negotiators Pursuant to Cal Gov. Code § 54957.6 Agency Designated Representative: Joseph M. Tanner, City of Lindsay Employee Organization: Lindsay Public Safety Officers’ Association (LPOA) • No reportable action out of closed session.

15. 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.
• Mayor CERROS made a motion for a future discussion regarding a Lindsay Fireworks show.

Minor fireworks show, however not receiving a second to the motion, the CITY CLERK declared the motion dead. Therefore, item was not added to a future agenda.

16. ADJOURNMENT
Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with

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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.

The next Regular Meeting of the Lindsay City Council is scheduled to be held on July 25, 2023. • Mayor adjourned the meeting at 8:36 PM.

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