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 August 08, 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 Council Member Sanchez.
3. ROLL CALL
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. PRESENTATION ITEMS
8.1 Update Regarding 2023-2024 California State Budget and Review of California State Senator Melissa Hurtado’s Pending Legislation (pp. 5 – 8) Presented by Eric Coyne, Representative for Senator Melissa Hurtado
8.2 Introduction of New Director of Finance Salvador Guzman Presented by Joseph M. Tanner, City Manager
August 08, 2023 Regular Meeting of the Lindsay City Council
9. DISCUSSION ITEMS
9.1 Review of Lindsay City Charter (pp. 9 – 36)
Item Requested by Mayor Cerros
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
10. STUDY SESSION(S)
10.1 Downtown Lindsay Commercial Community Facilities District Presented by Joseph M. Tanner, City Manager
10.2 Fiscal Year 2023-2024 Operating Budget Workshop
Presented by Joseph M. Tanner, City Manager
11. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
11.1 Minutes from July 25, 2023, Regular Meeting (pp. 37 – 41)
11.2 Warrant List for July 17, 2023, through July 30, 2023 (pp. 42 – 45)
11.3 Treasurer’s Report for July 2023 (p. 46)
11.4 Consider the Minute Order Approval of Letters of Support for Senate Bill 231, Senate Bill 265, and Senate Bill 577 (pp. 47 – 57)
11.5 Consider Approval of Resolution 23-31, A Resolution of the City Council of the City of Lindsay Superseding Resolution No. 22-45, Clarifying Language within the Resolution Relative to the Authorization of Overtime and Portal to Portal Pay for Employees Providing Mutual Aid Responses Under the Approved California Fire Assistance Agreement (pp. 58 – 65)
11.6 Consider the Approval of Resolution No. 23-32, A Resolution of the City Council of the City of Lindsay, California Declaring the Properties at 100 East Honolulu Street (APN 205- 236-014), 122 East Honolulu Street (APN 205-236-013), and 190 South Elmwood Avenue (APN 205-236-020), all in Lindsay California 93247 to be Surplus Property (pp. 66 – 72)
11.7 Consider the Minute Order Approval of Amended Job Title, Job Description, and Job Classification for the City Services Deputy Director Job Position (pp. 73 – 78)
11.8 Consider Approval of Resolution No. 23-33, A Resolution of the City Council of the City of Lindsay Affirming the City Manager’s Authority to Enter Into and Execute a Memorandum of Understanding (MOU) By and Between the City of Lindsay and the Lindsay City Employees’ Association (pp. 79 – 85)
11.9 Consider Minute Order Approval of Amendments and Revisions to the City Lindsay Personnel Rules and Regulations (pp. 86 – 208)
August 08, 2023 Regular Meeting of the Lindsay City Council
11.10 Consider the Approval of Resolution No. 23-35, A Resolution of the City Council of the City of Lindsay Authorizing the Delegation of Authority to Make Decision on Applications for Disability Retirement (pp. 209 – 212)
12. ACTION ITEMS
12.1 Consider the Designation of Voting Delegate and Alternate(s) for the Leage of California Cities Annual Conference and Expo (pp. 213 – 219)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
12.2 Consider the Selection of Dates and Times for City Council Brown Act, Harassment, and Ethics in Public Service Training (pp. 220 – 324)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
13. PUBLIC HEARING ITEMS
13.1 Public Hearing to Consider the Approval of Resolution No. 23-34 A Resolution of the City Council of the City of Lindsay Approving General Plan Amendment No. 23-01, Planned Unit Development No. 2023-02, and Adopting an Initial Study/Mitigated Negative Declaration (IS/MND) for General Plan Amendment No. 2023-01, Zone Change No. 2023- 01, and Planned Unit Development (PUD) No. 2023-02, A Request by Francisco Acevedo to Change the Land Use Designation from Low-Density Residential to Medium-Density Residential for A 2.5-Acre Portion of A Site Bound to the North by West Hickory Street, to the East By Parkside Avenue, to the South by Ono City Parkway, and the West by Sequoia Avenue/Road 214 (APNs 201-230-003 to -009) (pp. 325 – 452) Presented by Curtis Cannon, Planning Manager
13.2 First Reading of Ordinance No. 612, An Ordinance of the City Council of the City of Lindsay Amending the Zoning Designation From R-1-7 To RM-3 for a 2.5-Acre Portion of a Site Bound to the North By West Hickory Street, to the East by Parkside Avenue, to the South by Ono City Parkway, and the West by Sequoia Avenue/Road 214 (APNs 201-230- 003 To -009), and the Lindsay Zoning Map as Adopted by Ordinance 437 of the City of Lindsay and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 453 – 459)
Presented by Curtis Cannon, Planning Manager
13.3 Special Event Permit (pp. 460 – 488)
A. Continued First Reading of Ordinance No. 606, An Ordinance of the City Council of the City of Lindsay Amending Titles Five (5), Eight (8), and Eighteen (18) In Regards to the Special Event Permit and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 460 – 484) August 08, 2023 Regular Meeting of the Lindsay City Council
B. Continued Public Hearing to Consider the Approval of Resolution No 23-29, A Resolution of the City Council of the City of Lindsay Amending Special Event Permit Fees and Charges and Repealing All Other Resolutions Relative to Special Event Permit Fees and Charges Thereto (pp. 485 – 488) Presented by Araceli Mejia, Assistant City Planner
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.
The next Regular Meeting of the Lindsay City Council is scheduled to be held on September 12, 2023.
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 9.1
MEETING DATE: August 08, 2023
ACTION & RECOMMENDATION
Review of Lindsay City Charter.
This is an informational item only at this time with the purpose of facilitating a discussion among the City Council as it relates to the Lindsay City Charter.
BACKGROUND | ANALYSIS
At the June 27, 2023, Regular Meeting of the Lindsay City Council, the City Council unanimously approved to place a discussion item regarding the Lindsay City Charter on a future City Council agenda.
Attached to this report is the Lindsay City Charter which defines the organization, powers, functions, and essential procedures, et al. of Lindsay’s City government.
The following sections relative to Charter Amendment read as follows:
Section 12.01 Charter Amendment
Amendments to this Charter shall be approved by a majority of the voters of the City at an election on a date as determined by the City Council.
Section 12.02 How Amended
A. Amendments. Amendments to this Charter may be framed and proposed in any manner provided by law or by any of:
B. Council Ordinance. An ordinance of the City Council containing the full text of the proposed amendment;
C. Initiative. An initiative by the voters of the City; or D. Charter Commission. A report with specific full text as prepared by a duly elected Charter Commission as created pursuant to State law.
Section 12.03 Amendment Election
If a majority of the voters of the City voting on a proposed Charter amendment vote in favor of such amendment, the amendment shall become effective at the time fixed in the amendment. but if no time is therein fixed. at the time the approved amendment is tiled with the California Secretary of State by the City Clerk and chaptered by the Secretary of State. The City Clerk shall August 08, 2023 Regular Meeting of the Lindsay City Council
file the results of a Charter amendment election with the Secretary of State within 30 days following the election.
FISCAL IMPACT
No fiscal impact associated with this item as it is informational only and does not require action at this time.
ATTACHMENTS
• Lindsay City Charter
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER OF THE ARTICLE IV
CITY OF LINDSAY CITY MANAGER
4.01 City Manager Appointment.
January 8, 1996 4.02 Acting City Manager.
4.03 Powers and Duties of City
Sections: Manager.
ARTICLE I
NAME, BOUNDARIES AND ARTICLE V
FORM OF GOVERNMENT CITY CLERK
1.01 Name. 5.01 Office of City Clerk.
1.02 Boundaries. 5.02 Duties of City Clerk.
1.03 Form of Government.
ARTICLE VI
ARTICLE II CITY ATTORNEY POWERS, DUTIES AND 6.01 Office of City Attorney. OBLIGATIONS OF mE CITY 6.02 Duties of City Attorney. 2.01 Powers of the City. 6.03 Special Counsel. 2.02 General Law Powers.
2.03 Municipal Affairs.
ARTICLE VII 2.04 Intergovernmental Powers.
DEPARTMENTS, AGENCIES 2.05 Liberal Interpretation.
2.06 Duties and Obligations of the AND EMPLOYEES
City Council. 7.01 Departments.
7.02 Department Heads.
ARTICLE III 7.03 Personnel System.
MAYOR AND CITY COUNCIL 7.04 Boards, Commissions and
3.01 City Council. Committees.
3.02 Judge of Qualifications.
3.03 Vacancies and Forfeiture of ARTICLE VIII
Office. FINANCIAL PROCEDURES
3.04 Filling of Council Vacancies. 8.01 Financial Systems.
3.05 Compensation and Expenses. 8.02 Submission of Budget and
3.06 Powers and Duties of the City Budget Message.
Council. 8.03 Annual Budget.
3.07 Council Procedure. 8.04 City Council Review of Budget.
3.08 Actions Requiring an 8.05 Adoption of Budget.
Ordinance. 8.06 Budget Amendments After
3.09 Ordinances in General. Adoption.
3.10 Emergency Ordinances. 8.07 Overexpenditures Prohibited.
3.11 Ordinance Authentication, 8.08 Lapse of Appropriations. Recording and Codes. 8.09 Capital Program and Budget. 3.12 Mayor. 8.10 Public Documents.
3.13 Mayor Pro Tern. 8.11 Purchasing and Contracting. 3.14 Prohibitions on City Council. 8.12 Miscellaneous Fiscal
3.15 Independent Audit. Procedures.
C-l (Lllldsay Stipp. No.3, 2-07)
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
ARTICLE IX
TAXATION, REVENUES AND DEBT
9.01 Property Taxation.
9.02 Tax Limit.
9.03 9.04
9.05 9.06
10.01 10.02
10.03 Balanced Revenue System.
Annual Review of Rates & Fees.
Debt.
Depositories and Investments.
ARTICLE X
ELECTIONS
Election Procedures.
Special Elections.
Initiative, Referendum and
Recall.
ARTICLE XI
GENERAL PROVISIONS
11.01 Conflicts oflnterest.
11.02 Franchises.
11.03 Violations.
11.04 Definitions.
ARTICLE XII
CHARTER AMENDMENT
12.01 Charter Amendment.
12.02 How Amended.
12.03 Amendment Election.
ARTICLE XIII
TRANSITION AND SEVERABILITY
13.01 13.02
13.03 13.04
Transition.
Severability .
Transition of Current Ejected
Officials.
Continuity of Laws, Officers
and Em ployees.
(Lindsay Supp No.:1, 2·07) C-2
CHARTER OF THE
CITY OF LINDSAY, CALIFORNIA
January 8, 1996
Vision Statement:
The citizens of the City of Lindsay do enact this
Charter to fornl a better City government for all citizens of the City, to provide for the public health, safety, welfare and morals of its residents, property
owners and businesses, and to preserve and to enhance the quality oflife for ourselves, our families, our neighbors, and our businesses, for now and the
future.
ARTICLE I
NAME, BOUNDARIES AND FORM OF
GOVERNMENT
Section 1.01 Name.
The municipal corporation now existing and
known as the City of Lindsay shall remain and continue to exist as a municipal corporation under the name "City of Lindsay", but as a California Constitution Home Rule Charter City.
Section 1.02 Boundaries.
The boundaries of the City of Lindsay shall be as
now establ ished, and may be changed in the future as
provided by law, by this Charter, or by ordinance.
Section 1.03 Form of Government.
The organizational form of government under
which the City of Lindsay shall operate shall be that
which is commonly known as "The Council-Manager
Plan".
ARTICLE II
POWERS, DUTIES AND OBLIGATIONS OF
THE CITY
Section 2.01 Powers of the City.
The City shall have all powers possible for a city
to have under the Constitution and laws of the United
August 08, 2023 Regular Meeting of the Lindsay City Council
States and of the State of California as fully and
completely as though those powers were specifically
enumerated in this Charter.
Section 2.02 Gener.d Law Powers.
Nothing in this Charter shall be construed to prevent or restrict the City from exercising any and all rights, powers and privileges heretofore or hereafter
granted or prescribed by the General Laws of the
State of California. All General Law powers of cities
in California are hereby declared to be possessed by
the City.
Section 2.03 Municipal Affairs.
The City may make and enforce all ordinances and
regulations in respect to municipal affairs, subject
only to restrictions and limitations provided in this
Charter and applicable United States and California
Constitution provisions, and decisions of courts with
competent jurisdiction. As regards municipal affairs,
and all powers granted herein and hereby, this Charter shall supersede all laws inconsistent therewith.
Section 2.04 Intergovernmental Powers.
The City may exercise and perform any of its
functions and may participate in the financing
thereof, jointly or in cooperation, by contract or otherwise, with anyone or more states or any agency of the State of California, or any governmental jurisdiction or non-profit corporation thereof, or the United States or any of its agencies.
Section 2.05 Liberal Interpretation.
The powers of the City under this Charter shall be
construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way any of the
powers granted by this Charter.
Section 2.06 Duties and Obligations of the
City Council.
A. Duties. The City Council shall have the
power and it shall be the duty, obligation and responsibility of the City Council to develop plans and programs, provide adequate financial and physical reC-3
CHARTER
sources for, and to implement fully such plans and
programs as it finds necessary to accomplish the duties and obligations set out in this Charter, and State and federal law.
B. Balanced Programs. The City Council shall
make provision for, budget for, and at all times provide adequate financial resources and physical facilities for and shall have the power to maintain a balanced and full range of quality City services, activities and facilities to provide equitably for the quality oflife for all economic, social, ethnic and age groups
and geographical areas within the City.
ARTICLE III
MA YOR AND CITY COUNCIL
Section 3.01 City Council.
A. The Council. There shall be a City Council
composed of five Councilmembers elected by the
voters of the City at large.
B. Eligibility. Only registered voters of the City
residing within the corporate boundaries of the City
shall be eligible to file for, run for, and to hold the office of Council member.
C. Regular Election. The regular election of
Councilmembers shall be held on the first Tuesday
after the first Monday of November in even numbered years, unless such date is changed by ordinance.
D. Election of Councilmembers. A regular
Council election shall be held in November of 1996,
at which election three Councilmembers shall be
elected. A regular Council election shall be held in
November of 1998, at which election two Councilmembers shall be elected.
E. Who Elected. The winner orwinners in each
election in which the office of Councilmember is to
be filled shall be those candidates receiving the highest number of votes, in descending order, until all vacant Councilmember positions are filled.
F. Term. Councilmembers shall serve for four
years or until their successor is elected and qualified, except as set out hereinafter in this Charter. The
terms of Counci I members shall begin as soon as pos-
(Lindsay Supp. No.3, 2·07)
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
sible after canvass of the election is certified and
each Council member elected files all required disclosure or other statements required by law or ordinance.
G. Non-Prohibition. The prohibition referred to
in Article III, Section 3.14 A shall not apply to any
person who holds the office of Counci Imember at the
time ofthe adoption of this Charter.
Section 3.02 Judge of Qualifications.
A. Additional Standards of Conduct. The City
Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of office. The Council shall have the power to set additional standards of conduct for its members
beyond those specified in this Charter or by State
law, and may provide for such penalties as it deems
appropriate, including forfeiture of office.
B. Exercise of Qualification Powers. To exercise the judge of qualifications powers the Council shall have power to subpoena witnesses, administer
oaths and require the production of evidence. A
Councilmember charged with conduct constituting
grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing
shall be published in a newspaper of general circulation within the City at least one week in advance of the hearing.
C. Decision Subject to Judicial Review. Decisions made by the Council under this Section shall be subject to judicial review.
Section 3.03 Vacancies and Forfeiture of
Office.
A. Vacancies. The office of a Councilmember
shall become vacant upon the Councilmember's
death, resignation, removal from office or forfeiture
of office in any manner prescribed by law or by ordinance.
B. Forfeiture of Office. A Councilmember shall
forfeit that office if the Councilmember:
I. Lacks at any time during the term of office
for which elected any qual ification for the office prescribed by this Charter or by law; (Lindsay Supp. No.3, 2·07) C-4
2. Violates any express provision or prohibition
of this Charter;
3. Is convicted of a crime involving moral turpitude, or;
4. Fails to attend three consecutive regular
meetings of the Council without being excused by
the Council.
5. Establishes residence outside the City.
Section 3.04 Filling of Council Vacancies.
A. Vacancy. Should a vacancy in the City
Council occur more than 90 days prior to the election
at which Councilmembers are to be elected the vacancy shall be filled by majority vote of the remaining members of the City Council by the appointment of a qualified person to fill the remainder of the unexpired term.
B. Filling Vacancy By Regular Election. No appointment shall be made if the vacancy occurs less than 90 days prior to such election, in which case the vacancy shall be filled through the regular election process for the remainder of the unexpired term, if any.
C. Procedure to Fill Vacancy by Appointment.
Within 15 working days of the occurrence of the
Council vacancy, following a published notification
of such vacancy, persons who are eligible for and
interested in filling the vacancy shall file a standard application with the City Clerk. On the 16th working
day following the creation of the vacancy, the City
Clerk shall provide to the remaining Councilmembers the applications of all eligible applicants. Within 30 calendar days of receipt of said applications by the City Council the Council shall make an appointment
from among the eligible applicants.
Section 3.05 Compensation and Expenses.
The City Council may determine the annual salary
of the Mayor and Councilmembers by ordinance, but
no ordinance increasing such salary shall become
effective until the date of the commencement of the
terms of Council members elected at the next regular
election. The Mayor and Councilmembers shall receive their actual and necessary expenses incurred in the performance of their duties of office.
August 08, 2023 Regular Meeting of the Lindsay City Council
Section 3.06 Powers and Duties of the City
Council.
A. Powers. All powers of the City shall be
vested in the City Council except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law and by this Charter.
B. Duties of the City Council. The Council shall
make policy for the City and, additionally, shall be
responsible to the people of Lindsay for, but not limited to the following duties and responsibilities:
I. Considering ordinances and resolutions and
adopting those which it determines to be necessary
for the governance, proper administration and adequate financing of the City;
2. Providing oversight ofthe City Manager and
all municipal activities under his/her purview;
3. Carrying out all provisions of this Charter,
City ordinances and applicable State and federal
laws;
4. Conducting such reviews and taking such
actions as may be required for the effective governance and financing of the City;
5. Performing such other duties as may by State
law, ordinance or resolution be assigned to the City
Council, but in no way conflict with the duties of the
City Manager as set out in this Charter or by ordinance.
Section 3.07 Council Procedure.
A. Regular Meetings. The Council shall meet
regularly at least once in every month at such times
and places as the Council may by ordinance prescribe, and may provide for more frequent meetings as it shall determine.
B. Special Meetings. Special meetings of the
Council may be held on the call of the Mayor or of
three or more members of the City Council.
C. Notice and Agendas for Meetings. Notice of
all meetings of the City Council shall be provided
and all meeting agendas shall be prepared and all
meetings held pursuant to State law and procedures
established by the Council by ordinance.
C-5
CHARTER
D. Rules and Minutes. The City Council shall
determine its own rules and order of business byordinance.
E. Minute Book. The City Clerk shall keep a
minute book of the proceedings of the Council,
which book shall be a public record.
F. Voting. Voting on ordinances and resolutions
shall be as determined by ordinance. All votes shall
be recorded in the minute book. The number of votes
required to adopt any issue before the Council shall
be as determined by the rules of the Council.
G. Quorum. Three members ofthe Council shall
constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council.
Section 3.08 Actions Requiring an
Ordinance.
A. Acts Required By Ordinance. In addition to
other acts required by law or by this Charter to be
done by ordinance, those acts of the City Council
shall be by ordinance which:
I. Adopt or amend an administrative code or
establish, alter or abolish any City department, office, agency, authority or corporation;
2. Levy taxes;
3. Provide for a fine or other penalty or establish a rule or regulation for which a fine or other penalty is imposed;
4. Grant, renew or extend a franchise;
5. Authorize the borrowing of money except as
provided elsewhere in this Charter;
6. Convey title to or lease or authorize the conveyance or lease of any lands owned by the City;
7. Regu late land use and development; and,
8. Amend or repeal any ordinance previously
adopted.
B. Other Acts. Acts other than those referred to
in the preceding Sub-Section may be taken byordinance, resolution or motion, as determined by the rules of the Council.
(Lindsay SlIpp. No.3, 2.(7)
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
Section 3.09 Ordinances in General.
A. Form. Every proposed ordinance shall be
introduced in writing in the final form required for
adoption as prescribed in the Council rules, and shall
be enacted or repealed in the form: "The City Council of the City of Lindsay does ordain".
B. In Writing. A copy of any proposed ordinance shall be provided to the City Clerk a minimum of three days prior to the meeting at which such ordinance is proposed to be introduced. The City Clerk immed iately shall distribute a copy of such proposed
ordinance to each Councilmember, the City Manager
and City Attorney, and any member of the public
who requests such.
C. One Subject. No ordinance shall contain
more than one subject, which shall be clearly expressed in its title.
D. Procedure. An ordinance may be introduced
by any Councilmember at any regular, special or adjourned meeting of the Council, subject to the time limitations of this Section.
E. Reading and Adoption. An ordinance may be
read by title only at the time of its introduction, and must be available to the public in full text in the office of the City Clerk when introduced. The second reading and adoption of the introduced ordinance
shall be held at a regular. special or adjourned meeting of the Council, which meeting shall be not less than five calendar days after its introduction. The
ordinance may be read by title only at the second
reading.
F. Ordinance Effective Date. Except as otherwise provided in this Charter, by State law and by ordinance, every adopted ordinance shall become
effective at the expiration of 30 days after adoption,
or at any later date specified in the ordinance.
G. Adoption of Standard Codes. The Council
may adopt standard codes, compilations and codifications by reference thereto in an adopting ordinance, without specific verbatim publication or codification
in the City Code. Such Codes shall be:
I. Adopted by ordinance by the procedure and
requirements prescribed for ordinances generally,
except that:
(Lindsay Supp, No, J, 2-07) C-6
a.) The requirement for distribution and filing of
copies ofthe ordinance shall be construed to include
copies of the specific standard Code as well as of the
adopting ordinance, and~
b.) A copy of each adopted standard Code as
well as of the adopting ordinance shall be authenticated and recorded by the City Clerk and maintained as a matter of public record in the office of the City
Clerk~
2. Made available by the City Clerk for distribution or for purchase at a reasonable price.
H. Ordinance Publication. The City Clerk shall
publish every ordinance adopted by the City Council,
in full text or as a brief summary thereof. within 20
days following such adoption, in a newspaper of general circulation in the City or, if there is no newspaper of general circulation in the City, by posting in three established public places.
Section 3.10 Emergency Ordinances.
A. Emergency Defined. To meet a public emergency affecting life, health, property or the public peace, the City Council may adopt one or more
emergency ordinances.
B. Manner of Adoption. Emergency ordinances
shall be:
1 . Introduced in the form and manner prescribed for ordinances generally;
2. Plainly designated as an emergency ordinance, including after the enacting clause a declaration stating that an emergency exists and describing it in clear and specific terms;
3. Introduced with or without the provision of
copies three days in advance;
4. Adopted after reading in entirety, with or
without amendment, or rejected, at the meeting at
which it is introduced;
5. Adopted only by a four fifths affirmative
vote of the City Council if the Council consists of
five members. three Councilmembers if the Council
consists of only four members, and all three members
if the Council consists of only three members;
6. Effective upon adoption or at such later time
as stated in the ordinance;
August 08, 2023 Regular Meeting of the Lindsay City Council
7. Published and printed as prescribed for other
adopted ordinances;
C. Manner of Repeal. Emergency ordinances
automatically shall be repealed as of the 61 st day
following the date on which it was adopted, but such
automatic repeal shall not prevent reenactment ofthe
ordinance in the manner specified in this Charter if
the emergency still exists, or:
I . Repealed or replaced by adoption of another
ordinance in the manner specified in this Charter; or
2. Repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.
Section 3.11 Ordinance Authentication,
Recording and Codes.
A. Recordation. The City Clerk shall authenticate by signing and shall record in full in properly indexed books kept for the purpose, each ordinance
and resolution adopted by the City Council.
B. Codification. Within three years after adoption of this Charter, and at least every ten years thereafter, the City Council shall provide for and the
City Clerk shall prepare or have prepared a general
codification of all City Ordinances having the force
and effect of law.
C. Codification Adoption. The general codification shall be adopted by the Council by ordinance and shall be reproduced promptly in bound or looseleaf form, together with this Charter and any amendments thereto, and such Codes adopted by reference and such other rules, regulations and resolutions of
the City as the Council may specify.
D. Code Name and Availability. The codification shall be cited officially as the Lindsay City Code. Copies of the Code shall be furnished to City
officers, placed in libraries and public offices for free public reference, and made available for purchase at
a reasonable price as fixed by the City Council.
E. Reproduction of Ordinances. The City Clerk
shall cause each ordinance and each amendment to
this Charter to be reproduced promptly following its
adoption, and such ordinances and charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the City Council.
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CHARTER
F. Reproduction of Code. Following reproduction and distribution of the first Lindsay City Code, and at all times thereafter, the ordinances and Charter shall be reproduced in substantially the same style as
the Code currently in effect, and shall be suitable in
form for integration therein.
G. Distribution. The Council shall make such
arrangements as it deems desirable with respect to
reproduction and distribution of any current changes
in or additions to the provisions of the City standard
codes adopted by reference.
Section 3.12 Mayor.
A. Office of Mayor. The office of Mayor is
hereby created. The City Council shall elect from
among its members a Mayor who shall serve at the
pleasure of the City Council.
B. Duties of Mayor. The duties of the Mayor
shall be assigned by the Council by ordinance, which
shall include but not be limited to the duties listed in this Sub-Section:
I. Preside at meetings of the City Council;
2. Represent the City in intergovernmental relationships;
3. Be recognized as the head of the City government for alI ceremonial purposes and by the Governor for purposes of military law; C. No Administrative Duties. The Mayor shall
have no administrative duties.
D. Process of Selection. The process for the selection of Mayor and Mayor Pro Tem shall be included in and as set out in the rules of the Council.
Section 3.13 Mayor Pro Tern.
The office of Mayor Pro Tern is hereby created.
The City Council shall elect from among its members
a Mayor Pro Tern who shall serve at the pleasure of
the City Council. The Mayor Pro Tern shall act as
Mayor during the Mayor's absence or disability.
Section 3.14 Prohibitions on City Council.
A. Future City Employment. No former Councilmember shall hold any compensated appointive office or employment with the City of Lindsay until
(Lindsay Stipp. No.3, 2·07)
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
four years after the expiration of the term for which
the Councilmember was elected to the Council.
B. Exception. Nothing in this Section shall be
construed to prohibit the Council from selecting any
current or former Councilmember to represent the
City on the governing board of any regional or other
intergovernmental agency.
C. Employee Appointments and Removals. Neither the City Council nor any of its members shall in any manner control or influence the appointment or
removal of any City department head or employee
whom the City Manager or any subordinate of the
City Manager is empowered to appoint.
D. Expression ofYiews. Nothing in this Section
shall be construed to limit the ability of the City
Councilor of Councilmembers to express its and
their views and fully and freely discuss with the City
Manager anything pertaining to appointment and removal of City department heads and employees.
E. Interference with Administration. The Council and Council members shall deal with City department heads and employees who are subject to the direction and supervision of the City Manager solely
through the City Manager, and neither the Council
nor any Counci Imember shall give orders to any such
department head or employee, either publicly or privately.
Section 3.15 Independent Audit.
A. Order of Audit. The City Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary.
B. Restrictions. Such audits shall be made by a
certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of
its officers. The person or firm selected by the City
Council shall be experienced in the audit of Calif ornia city governments.
C. Designation of Audit Firm. The City Council
may, without requiring competitive bids, designate
such accountants or firm to conduct the audit annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be
(Lindsay Stipp. No.3. 2-07) C-8
made not later than 30 days prior to the close of the
fiscal year to be audited.
ARTICLE IV
CITY MANAGER
Section 4.01 City Manager Appointment.
A. Office of City Manager. The office of City
Manager is hereby created. The City Council by majority vote shall appoint a City Manager through the mechanism of an employment agreement.
B. Qualifications. The City Manager shall be
selected and appointed solely on the basis of executive and administrative qualifications.
C. Requirements. The City Manager:
1. Shall serve at the pleasure of the City Council;
2. Shall be the chief executive and administrative officer of the City, all its agencies, authorities and corporations;
3. Shall be paid such salary, receive such benefits and have such expenses paid by the City on his/her behalf as are commensurate with and necessary to execute the responsibilities ofthe position and as shall be fixed by the Council;
D. Restrictions on Employment Agreement. The
City Manager employment agreement shall set out
the terms and conditions of employment, pay, benefits, goals and objectives, a requirement for periodic and regular performance evaluations, obligations, and
termination compensation. The agreement shall be
for an indefinite term, and shall be a public record.
E. Reduction of Salary and Benefits. The salary
and benefits of the City Manager shall not be reduced
by the City Council at any time unless the salaries
and benefits of all City employees are reduced in the
same percentage as proposed for the City Manager.
Section 4.02 Acting City Manager.
By letter filed with the City Clerk, the City Manager shall designate a City department head or employee to exercise the powers and perform the duties of City Manager on those occasions the City Manager will be absent from the City for longer than 48 August 08, 2023 Regular Meeting of the Lindsay City Council
hours. The City Council shall designate an Acting
City Manager in the event of the disability of the City Manager or at the request of the City Manager.
Section 4.03 Powers and Duties of City
Manager.
A. Chief Executive Officer. The City Manager
shall be responsible to the City Council for the administration of all City affairs placed in the City Manager's charge by ordinance or this Charter.
B. Duties By Ordinance. The duties of the City
Manager shall be established by ordinance, which
duties shall include but not be limited to the duties
assigned by this Charter.
C. Charter Duties. The City Manager shall:
I. Appoint, remove and discipline all employees of the City pursuant to requirements set out in this Charter and an ordinance establishing a merit
system of appointment and employment;
2. Delegate the appointment removal and discipline of subordinate employees to the department heads to which those employees are assigned, but
shall approve, modifY or disapprove all recommendations for appointment, removal and disciplinary actions taken against employees by department heads, pursuant to the terms of this Charter and the City
Personnel Ordinance;
3. Direct and supervise the administration of all
departments, offices, agencies, authorities, corporations, utilities and enterprises of the City;
4. Attend all City Council meetings, both public
and closed, at which the City Manager shall have the
right to take part in discussion but shall have no vote but, absent a directive to the contrary, the City Manager shall not be entitled to attend any closed session of the Council when suspension, dismissal or any
disciplinary action against the City Manager is discussed;
5. Prepare annually, submit and administer the
budget, capital improvement plan and other plans and
programs of the City as required by and set out in this Charter or by ordinance;
6. Keep the Council informed of the financial
condition, current and future needs of the City, and
make recommendations to the Council concerning
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CHARTER
the affairs of the City as he/she shall deem necessary
or desirable:
7. Provide for enforcement and faithful execlltion of all laws, regulations and rules of the City, all Charter provisions, all acts of the Council, and administration of all contracts to which the City is a party;
8. Submit to the City Council and make available to the public for an appropriate fee, a complete report on the finances and adm in istrative activities of the City and of all its agencies, authorities and corporations, utilities and enterprises as of the end of each fiscal year;
9. Make such other reports as the City Council
may require concerning the needs and operations of
all City departments, offices, agencies, authorities,
corporations, util ities and enterprises;
10. Provide staff support to the Mayor and Councilmembers; II. Coordinate, cooperate with, and oversee and
supervise the work of the City Clerk and City Attorney;
12. Engage in no incompatible business, occupation or activity;
13. Receive notice of all meetings of the City
Council and all City boards, committees, commissions, agencies, authorities, corporations, uti lities and enterprises;
14. Be entitled to participate in the deliberations
of any City board, committee, commission, agency,
authority and corporation, but shall have no vote
therein; and,
15. Perform sllch other duties consistent with
this Charter as may be required by the City Council
by ordinance, resolution, minute order or contract.
ARTICLE V
CITY CLERK
Section 5.01 Office of City Clerk.
The office of City Clerk is hereby created. The
City Manager shall recommend the person to be appointed and the COLlncil shall appoint and, if neces- (Lindsay Supp. No. 3, 2-07)
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
sary. may remove the City Clerk. The City Clerk may
be either full or part time.
Section 5.02 Duties of City Clerk.
A. Duties. The duties of the City Clerk shall be
established by ordinance, which duties shall include
but not be limited to the duties assigned by this Charter.
B. Charter Duties. The City Clerk shall:
I. Act as Clerk to the City Council and all other
City agencies, authorities and corporations;
2. Maintain the minute book, book of ordinances, book of resolutions, and all other documents and records of the City Council;
3. Conduct, supervise the conduct of, or oversee the contract conduct of all City elections;
4. Maintain the integrity of and provide for
public access to, safety of, and inspection of all City public records;
5. Perform and fulfill all duties assigned to the
City Clerk by this Charter;
6. Cooperate with and coordinate the work of
the City Clerk with that of the City Manager, all City
department heads, and the City Attorney; and,
7. Perform such other duties consistent with
this Charter as may be required by the City Council
by ordinance. resolution or motion; and,
8. May be designated as a department head, at
the discretion of the City Manager.
C. Statutory Duties. Perform all duties required
of a City Clerk by State law.
ARTICLE VI
CITY ATTORNEY
Section 6.01 Office of City Attorney.
The office ofCity Attorney is hereby created. The
City Council shall appoint and, if necessary, may
remove the City Attorney. The City Attorney may be
either full or part time, or retained under contract.
Section 6.02 Duties of City Attorney.
A. Duties. The duties of the City Attorney shall
be established by ordinance, which duties shall in-
(Lindsay Supp. No. :l. 2-07)
clude but not be limited to the duties assigned by this Charter.
B. Charter Duties. The City Attorney shall be
the chief legal officer of the City, whose duties shall include but not be limited to:
I. Advising the City Council, individual Councilmembers, the City Manager and his/her assistants, and department heads regarding the law relating to
City matters, provided, however, that the City Attorney shall not be required to advise any of these officials concerning his/her liabilities relating to personal conflicts of interest;
C-lO
2. Representing the City in legal proceedings;
3. Preparing, or reviewing and approving as to
form, all ordinances, contracts and other needed City
legal documents;
4. Select and retain specialist counsel when
there is a need for such specialized legal services,
subject to approval of the City Council;
5. Cooperate with and coordinate the work of
the City Attorney with that of the City Manager, all
City department heads, and the City Clerk;
6. Perform all duties required of a City Attorney by State law; and,
7. Perform such other duties consistent with
this Charter as may be required by the City Council
by ordinance, resolution, minute order or contract.
Section 6.03 Special Counsel.
The City Council may retain special counsel when
representation by the City Attorney would create an
impernlissible conflict.
ARTICLE VII
DEPARTMENTS, AGENCIES AND
EMPLOYEES
Section 7.01 Departments.
A. Creation of Departments. The City Manager
shall recommend and the City Council shall byordinance create, reorganize and abolish City departments, divisions, offices, agencies. authorities and corporations as necessary for the effective manageAugust 08, 2023 Regular Meeting of the Lindsay City Council
ment of the City, in addition to those created by this
Charter.
S. Functions. The functions of all City departments, divisions, offices, agencies, authorities and corporations shall be deternlined and assigned by
ordinance.
C. Prohibition on Revision. No function assigned by this Charter to a particular department or office may be discontinued or, unless this Charter
specifically so provides, assigned to any other.
D. Direction. All departments, offices, agencies,
authorities and corporations of the City government
shall be under the direction and supervision of the
City Manager.
E. City Manager as Department Head. With
consent of the Council, the City Manager may serve
as the head of one or more such departments, offices,
agencies, authorities or corporations, or may appoint
one person as the head of two or more departments.
Section 7.02 Department Heads.
A. Appointment. The City Manager shall appoint a department head for each department, which person shall be qualified in the field of expertise encompassed within the assigned department.
B. Removal. All department heads shall serve at
the pleasure of the City Manager and be subject to
his/her direction and supervision.
C. Requirements. All department heads shall be
City employees for the purposes of powers and duties, and be provided employment agreements by the City Manager setting out the terms and conditions of
employment, pay, benefits, goals and objectives, a
requirement for periodic and regular performance
evaluations, obligations, and termination. Such
agreements shall not exceed four years and shall be a
public record.
D. Restrictions. No department head may engage in any incompatible business, occupation or activity.
Section 7.03 Personnel System.
A. By Ordinance. The City Council shall adopt
a City Personnel Ordinance providing for the establishment, regulation and maintenance ofa personnel C-II
CHARTER
system governing those City human resource policies
and procedures available to the City Manager or
his/her designee for the effective administration of
the employees of the City.
B. Merit System. In making appointments and
promotions of City employees the appointing authority shall be guided by the requirements set out in the City Personnel Ordinance.
C. Personnel System Components. The City
Personnel Ordinance shall include, but not be limited
to the following:
I. An integrated classification and pay plan,
force reduction procedures, working conditions, discipline and dismissal, in-service training, grievances, relationships with employee organizations, regular
and periodic employee performance evaluations, and
incentive plans; and,
2. Open, publicly posted and competitive employee selection processes utilizing, where and when feasible, validated examinations at entry level and
objective evaluative processes for all other classifications; and,
3. Such other personnel and human resource
management provisions as shall be deemed to be
necessary, adopted by resolution.
D. Fair Employment Practices. The City personnel system shall in all manner and respects comply fully with all federal and State laws governing fair employment practices and prohibiting discrimination in all forms.
Section 7.04 Boards, Commissions and
Committees.
A. How Created. The City Council by ordinance
or resolution may create, modify, combine and abolish such boards, commissions and committees as it shall determine.
B. Appointments. Boards, commissions and
committees established by ordinance shall consist of
members nominated by the Mayor and approved by
the Council. Boards, commissions and committees
established by resolution shall be appointed by the
Mayor from nominees presented to him/her by the
Council.
(Lindsay Stipp. No. J. 2.(7)
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
C. Powers and Duties. The ordinance shall prescribe their powers and duties, determine the number and qualifications of the members, their method of
selection, term of office and removal, and fix their
compensation, if any.
D. Limitation. All boards, commissions and
committees only shall be advisory to the City Council, and may not exercise any administrative or management powers.
ARTICLE VIII
FINANCIAL PROCEDURES
Section 8.01 Financial Systems.
A. By Ordinance. The City Council by ordinance shall provide for, assure implementation of, and enforce an integrated budgeting and financial
management system for the City which shall include,
but not be limited to the following:
B. Financing the Budget. The provision in the
annual budget of information for each fund, agency,
authority and corporation, indicating that for any
fund the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance, plus the use of appropriated reserves; C. Fiscal Year. The establishment of the time
span of a fiscal year; and,
D. Other Matters. Such other matters as determined as necessary and appropriate to secure the financial, service and administrative goals of the City, expressed in financial terms as recommended by the
City Manager and as set out in this Charter.
Section 8.02 Submission of Budget and
Budget Message.
A. Budget Calendar. On or before the first day
of the last month of each fiscal year the City Manager shall submit to the City Council a budget for the ensuing fiscal year, and an accompanying message.
B. Budget Message. The City Manager's budget
message shall explain the budget both in fiscal terms
and in terms of the work program. Additionally, it
shall:
(Lindsay Stipp. No. :1,2-07)
1. Outline the proposed financial policies of the
City for the ensuing fiscal year;
2. Describe the important features of the
budget;
3. Indicate any major changes from the current
year in financial policies, expenditures and revenues,
together with the reasons for such changes;
4. Summarize the City's debt position; and,
5. Include such other material as the City Manager deems desirable.
Section 8.03 Annual Budget.
A. Contents. The annual budget presented by
the City Manager shall contain but not be restricted
to the following:
B. Comprehensive Financial Plan. A complete
financial plan for all City funds, offices, departments, agencies, authorities, corporations, utilities, enterprises and activities for the ensuing fiscal year; C-12
C. Summaries. Summaries and totals adequate
to provide a comprehensive and consolidated view of
the City's financial condition;
D. Contents of Budget. Sections of the budget
shall provide for and contain:
1. The goals and objectives proposed to be
achieved by appropriations during the ensuing fiscal
year, detailed for each fund by organization unit,
program, purpose or activity, and the method of financing such proposed appropriations;
2. Comparative amounts for actual and estimated revenues and expenditures for the current fiscal year and actual revenues and expenditures for the preceding fiscal year;
3. Proposed capital expenditures during the ensuing fiscal year and the proposed method offinancing of each such capital expenditure; and,
4. Anticipated revenues, expenses, balances and
reserves, and the purpose of said reserve, for each
City fund, including all utility, enterprise, reserve,
and internal service funds, and for each City agency,
authority, corporation, utility and enterprise.
August 08, 2023 Regular Meeting of the Lindsay City Council
Section 8.04 City Council Review of Budget.
A. City Council. Immediately on receiving the
recommended budget from the City Manager the City
Council shall:
B. Consideration. At either regular or special
meetings receive, study and consider the City Manager's recommended budget and budget message; C. Notice and Hearing. Cause to be published in
a newspaper of general circulation or, if no such
newspaper exists. to post in three established public
places in the City the general summary of the budget
as presented by the City Manager, and a notice statmg:
1. The places and times where copies of the
budget and message are available for inspection by
the public; and,
2. The time and place, not less than five days
after such publication, for a public hearing on the
budget;
D. Amendments. Amend the recommended
budget as the Council shall see fit, except that no revisions shall be made contrary to the provisions of th is Charter;
E. Prohibited Amendments. Amend the budget
to add to or increase programs or amounts or to delete or decrease any programs or amounts, except expenditures required by law or for debt service, but
no amendment to the budget shall increase the authorized expenditures for any fund to an amount greater than total estimated income and carried forward fund balances, plus appropriated reserves.
Section 8.05 Adoption of Budget.
The City Council shall adopt the budget on or before the last day of the last month of the fiscal year currently ending. If the Council fails to adopt the
budget by the date prescribed in this Charter then the
budget as recommended by the City Manager shall
go into effect.
Section 8.06 Budget Amendments After
Adoption.
A. Amount of Budget. If during the fiscal year
the City Manager certifies in writing to the City
Council that there are available for appropriation
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CHARTER
revenues in excess of those contained in the adopted
budget, the City Council may make supplemental
appropriations for the year up to the amount of the
excess.
B. Emergency Appropriations. To meet a public
emergency affecting life. health, property or the public peace, the City Council may make emergency appropriations. Any such emergency appropriation
shall be made by resolution stating the exact nature
of the emergency.
C. Reduction of Appropriations. If at any time
during the fiscal year it appears probable to the City
Manager that the revenues or fund balances available
and anticipated by the adopted budget will be insufficient to finance the expenditures for which appropriations have been made, the City Manager shall:
1. Report such a condition in writing to the City
Council without delay, indicating the estimated
amount of the deficit;
2. Report any remedial action taken by the City
Manager; and,
3. Make recommendations to the City Council
for further actions to be taken.
D. Prevention of Deficit. The City Council shall
take such actions as it determines necessary to prevent any budget deficit and, for that purpose it may reduce one or more appropriations to assure that a
budget deficit is prevented.
E. Budgetary Transfers. The City Manager may
transfer monies between departments, divisions, programs and accounts within funds and departments, but within dollar or percentage of fund limits set by
the Council annually as a part of the budget, but only
the Council by resolution may transfer monies between funds and from unappropriated or fund balances or reserves to any fund or appropriations account. All budgetary transfers made by the City Manager shall be reported in writing quarterly to the
City Council.
Section 8.07 Overexpenditures Prohibited.
A. Total of Budget. The total of proposed expenditures shall not exceed the total of estimated revenues plus carried forward fund balance and appropriated reserves, for any fund. (Lindsay Supp. No.3, 2-07)
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
B. Payment Restrictions. No payment shall be
made or obligation incurred against any appropriation except in accordance with appropriations duly made by the Council and unless the City Manager or
his/her designee first certifies that there is a sufficient unencumbered balance in such appropriation and that
sufficient monies therefrom are or will be available
to cover the claim or meet the obI igation when it becomes due and payable.
C. Illegal Payment. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal.
D. Securities Exception. Nothing in this Charter
shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or in part by the
issuance of municipal securities, or to prevent the
making of any contract or lease providing for payments beyond the end of the fiscal year provided such contract or lease is not explicitly prohibited by
the provisions of the California Constitution.
E. Constitutional Limitation. The status of the
City budget and finances shall in all respects at all
times be in compliance with California Constitution
Article XVI. Section 18.
Section 8.08 Lapse of Appropriations.
A. When Lapse. Every appropriation, except as
provided for herein, shall lapse at the end of the fiscal year to the extent that it has not been expended or
encumbered.
B. Capital Outlay Appropriations. All appropriations for capital outlay items shall continue in force until expended, revised or repealed. The purpose of any such capital outlay appropriation shall be deemed abandoned after three years pass without
disbursement from or encumbrance against the appropriation.
C. Other Exemptions. Appropriations involving
trust and agency accounts and reserves shall not lapse
until specifically provided either by the annual
budget or separate resolution.
(LlIldsay Supp, No 3,2-(7)
Section 8.09 Capital Program and Budget.
A. Five Year Program. The City Manager annually shall prepare and submit to the City Council a five year Capital Program, which Program shall be
submitted as a separate part of but be considered by
the Council concurrent with the Annual Budget.
B. Program Contents. The Capital Program
shall include but not be limited to the folJowing:
1. A general summary of its contents;
2. A list of all capital improvements and other
capital expenditures which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for each improvement or proposed expenditure:
C-14
3. Cost estimates and recommended time
schedules for each improvement or other capital expenditure;
4. Method of financing for each improvement
or other capital expenditure; and.
5. The estimated annual cost of operating and
maintaining the facilities or equipment to be constructed or acquired.
C. Capital Program Adoption. The Capital Program shall be a part of and adopted as part of the Annual Budget.
Section 8.10 Public Documents.
Copies of the annual budget and message. the annual audit, the annual financial report if it be a separate document, and all appropriate summarizing documents shall be filed with the City Clerk as permanent public records, and shall be made available to the public for inspection and review.
Section 8.11 Purchasing and Contracting.
A. By Ordinance. The Council by ordinance
shall provide for a purchasing and contracting system
assuring a maximum of competition for the lowest
price consistent with a stated level of quality.
B. The Basic System. The Purchasing and Contracting Ordinance shall provide for and comply with all provisions of this Section and of this Charter. but not be limited to:
1. Control of the system by the City Manager,
who shal1 be empowered to make purchases and to
August 08, 2023 Regular Meeting of the Lindsay City Council
award contracts for amounts of $25,000 or less, annually adjusted in amount as set out herein;
2. Delegation of responsibility by the City
Manager to any appointed subordinate:
3. A requirement that should contracts or purchases in amount of $25,000 or less be awarded to anyone vendor or contractor cumulatively totalling
$75,000 in any three year period then, in that event,
the competitive process set out herein shall be followed prior to the award of subsequent contracts to such vendor or contractor, should such process otherwise be required;
4. An informal bid solicitation process for purchases and contracts in amount between $25,00 I and $74,999, which amounts shall be adjusted annually in
amount as set out herein;
5. The acquisition of the services of professional service providers in such a manner that specialized abilities and knowledge shall be considered in addition to quality and price and, if appropriate as determined by the City Manager, without the competitive processes set out herein;
6. Additional procedures and requirements to
fulfill the provisions of this Section and this Charter; and,
7. Such other matters as shall be determined to
be required by the City Council.
C. A ward of Contracts and Purchases. Award of
contracts and purchases shall be made to the lowest
responsible bidder or vendor meeting specifications,
except as provided herein and in the Purchasing and
Contracting Ordinance.
D. Sealed Competitive Bids. Sealed bids for
competitive purchases involving the expenditure of
$75,000 or more shall be secured, but this amount
and all dollar amounts set out in this Section shall be revised by the Council annually as part of the annual
budget by a revision factor determined by utilizing
published reliable indicators or indices of price
changes.
E. Waiver of Bids. Waiver of competitive bidding for purchase of non-competitive items and contracting for services is permitted in emergencies, for copyrighted and patented items and services, and for
professional or specialized services for which a writCHARTER ten finding is filed with the City Clerk regarding the
reason for such non-competitive, emergency or sole
source acquisition.
F. Proh ibitions. Splitting contracts or purchases
to avoid dollar limits is prohibited.
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G. Rejections. The City Council may reject any
and all bids for any good or service.
H. Bid Bonds. A bid bond or cashiers check
shall be required for all sealed bids.
1. Public Notification. The City Manager shall
cause full public notification of all calls for sealed
bids by providing ten days notice through publications appropriate to the subject of the call for bids.
J. Public Works Determination. The Purchasing
and Contracting Ordinance shall set out a procedure
for determination of which public works or improvement projects are to be performed by City forces and which are to be let to contract.
K. Bidding and Wages. The City Council may
by ordinance or resolution adopt prevailing wage,
geographic boundaries and other guidelines and restrictions, including local bidding preference, governing public works and other City contracts.
Section 8.12 Miscellaneous Fiscal
Procedures.
A. By Ordinance. The City Council by ordinance shall provide for the following, and other appropriate and necessary fiscal and financial procedures, which procedures shall comply with State law unless the ordinance specifies otherwise:
B. Petty Cash. The creation, administration and
control of petty cash accounts;
C. Claims and Demands. The receipt and disposition of claims and demands against the City; D. Warrants and Checks. Issuance and redemption of warrants, if any, and checks drawn on the City treasury, and;
E. Actions. Legal actions against the City.
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
ARTICLE IX
TAXA TION, REVENUES AND DEBT
Section 9.01 Property Taxation.
A. Council Shall Not Levy. The City Council
shall not levy an ad valorem property tax for general
municipal purposes in excess of the maximum rate
applicable to the City on the effective date of this
Charter, provided, however, that an ad valorem property tax in excess thereof may be levied ifauthorized by the California Constitution, State law orthis Charter.
B. Separate Taxing Areas. The City Council
may establish by ordinance separate taxing areas
within the City for the levy of a tax in excess of any
rate, if authorized by the California Constitution or
State law by the affirmative vote of the requisite
number of voters within the area voting on a proposition to impose or to increase such levy.
C. Ad Valorem Levies. The City Council may
seek and the voters of the City may vote on a proposition to authorize or to increase ad valorem taxes provided such vote and such tax comply with all provisions of the California Constitution, State law or this Charter.
D. Procedure for Assessment. The procedure
and authority for the assessment, levy and collection
of taxes and assessments may be prescribed byordinance and, in the absence of such an ordinance, the procedure and authority applicable thereto shall be
that prescribed by State law.
Section 9.02 Tax Limit.
A. Vote Required. No City tax shall be imposed
or increased in rate by the City Council without an
affirming vote of a majority of the voters, except as
provided in this Section.
B. Adjustments to Tax Limit. The City Council
shall have the authority to impose and to increase
taxes without the affirming vote set out herein to
raise revenues to the level that City revenues existed
in fiscal year 1988-1989 but which, during or subsequent to such year, were removed from the City by action of the State or federal governments: provided,
(Lind,"y SUPI'. No.3, 2-07)
however, that should the State or federal governments reinstate such previous City revenues, then, to the extent of the reinstatement, City taxes shall be
reduced.
C. Adjustment for Mandates. No affirnling vote
as set out herein shall be required for any tax increase in amount sufficient to meet the official estimate of
cost for any State or federal mandate for which no
State or federal revenue or grant has been provided,
for which neither of a fee nor charge may be collected in amount adequate to meet the financial requirements of the mandate.
D. Adjustment for Inflation and Deflation. For
computational purposes of this Section, tax rates and
revenue amounts shall be adjusted annually, starting
with fiscal year] 988-1989, by the California Constitution Article XlII B and Proposition 111 annual percentage increase in appropriation limitation applicable to the City.
Section 9.03 Balanced Revenue System.
The City Council shall maintain a revenue structure adequate to meet City financial requirements for execution of the balanced programs determined by
the City Council necessary to carry out the duties,
obligations and mandates of this Charter, which
revenue structure shall be balanced equitably between taxes, fees, utility and enterprise charges, and assessments insofar as the City Council is legally
permitted, and comply with thejudicially-determined
requirements, definitions and intent of California
Constitution Articles XIII A and B.
C-J6
Section 9.04 Annual Review of Rates & Fees.
A. Annual Review of Costs. Annually and concurrently with, or at such time prior to the presentation of the annual budget as he/she shall determine, the City Manager each year shall present a report to
the City Council containing a comprehensive review
of the costs of all City services, utilities and enterprIses.
B. Consideration of Report. As part of the annual budget consideration, the City Council shall set such fees and rates as it shall determine appropriate
to recover the costs reasonably borne necessary to
August 08, 2023 Regular Meeting of the Lindsay City Council
provide each such service, utility and enterprise provided by the City, pursuant to the provisions of Article XlII B of the California Constitution.
C. Failure to Act. If the Council shall fail to act
as required in this Section, then such rates as are required to comply with this Section shall go into effect automatically at such time as is designated in the annual report of costs of services, utilities and enterprises for each individual service, utility and enterprise.
D. Repeal by Council. Prior to the adoption of
the annual budget the Council may by resolution specifically repeal any such automatic fee, rate or charge increases or decreases as would be caused by its inaction, provided, however, that such resolution shall contain adequate reasoning andjustification for such
repeal as is necessary to explain why such City service costs reasonably borne are not being met in full or are producing excess revenues over costs reasonably borne.
Section 9.05 Debt.
A. By Ordinance. The City by ordinance may
issue all manner of securities and incur all manner of
indebtedness.
B. General Obligation Debt Limit. Indebtedness
of the City as evidenced by issued general obligation
bonds shall at no time exceed ten percent of the assessed valuation of all property taxable by the City.
Section 9.06 Depositories and Investments.
A. By Ordinance. The City Manager shall recommend and the City Council shall provide by ordinance for the receipt and accounting of all revenues, monies and assets received by the City or any of its
agencies, authorities, corporations, utilities and enterprises, from any and all sources.
B. Written Investment Policy. The City Manager shall recommend and the City Council by resolution shall adopt a policy to govern the investment of all City monies, which policy shall include but not
be limited to the following:
I. Provision for the investment of all monies in
such a manner as to assure the preservation and safety
of principal and the integrity of record keeping;
CHARTER
2. Types of allowable investments;
3. Safekeeping of securities.
C. Compliance With State Law. The investment
of City monies at all times shall be in compliance
with all provisions of State law governing the receipt, processing, deposit, accounting, security and reporting of public monies. The City investment policy may be more conservative or restrictive than State
law, but in no manner shall the investment policy be
less restrictive.
C-17
D. Custody of Monies. The Financial Custody
and Investment Ordinance shall establish the City
department which shall have custody of all City monies and investments, which department shall deposit all monies and investments in such depository or depositories as may be designated by resolution of the Councilor, ifno such resolution be adopted, then in
such depository or depositories as may be designated
in writing by the City Manager.
E. Security of Deposits. The Ordinance, resolution and depository system shall provide for the regular deposit ofC ity monies and appropriate safeguards and systems to assure a minimum of risk, maximum
safety, and a high level of collateralized or federallyinsured security, without exception, for such City monies and securities held by any depository, agent
or agency.
F. Audit. A review of the City investment policy, procedures and security shall be made as a part of the annual audit, and the contracted audit firm
shall make appropriate observations and recommendations to the City Council.
ARTICLE X
ELECTIONS
Section 10.01 Election Procedures.
Unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the California Elections Code for the holding of
municipal elections, so far as the same are not in contlict with this Charter. (Lindsay Stipp. No.3, 2-07)
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
Section 10.02 Special Elections.
The City Council may call special elections for
such purposes as the Council may prescribe. A special election may be held on any date specified by the Council.
Section 10.03 Initiative, Referendum and
Recall.
The electors of the City reserve to themselves the
powers of initiative and referendum and the recall of
elective officers, to be exercised in the manner prescribed by the California Constitution and State law.
ARTICLE XI
GENERAL PROVISIONS
Section 11.01 Conflicts of Interest.
A. Prohibition. The use of public office or employment for private gain is prohibited.
B. Implementation. The Council shall implement this Section by ordinance adopting and assuring compliance with the laws of the State of California
and the common law principles regarding such contlicts, which ordinance also shall prohibit, but not be limited to prohibiting those activities set out in this Section.
C. Appearances For Influence. Appearances by
or statements made to, or influence exercised by City
officials or employees to, before or to any City officer, department or employee, or any City agency, authority or corporation on behalf of private interests are prohibited.
D. Compensated Influence. A former Councilmember or City officer or employee may not be compensated in any way for attempting to influence
any action of the Councilor City for two years after
the end of service on the Councilor with the City.
E. Application and Interpretation. In interpreting this Section the general common law contlict of interest rule shall be applied, which rule strictly requires public officers and employees to avoid placing themselves in a position in which personal interest
may come into conflict with their duty to the public.
F. Violations. In addition to any fines or other
punishments for violations of confl ict of interest ordinance provisions or regulations issued thereunder promulgated under this Section or State law, any person convicted of a violation of this Section, or of any equivalent State law or regulation, shall be ineligible for a period of five years following such conviction
to hold any City office or employment and, if currently holding office or employment, shall be deemed to have automatically forfeited his or her office or
position of employment.
Section 11.02 Franchises.
A. Granting of Franchise. The City Council may
grant a franchise to any person, partnership, corporation or other legal entity capable of exercising the privilege conferred, whether operating under an existing franchise or not, and may prescribe the terms, conditions and limitations of such grant, including
the compensation to be paid to the City for such franchise grant.
B. Franchise Ordinance. The Council may prescribe by ordinance the method and procedure for granting franchises, together with additional terms
and conditions for making such grants.
C. Franchise Procedure. No person, partnership,
corporation or other legal entity shall furnish the City or its inhabitants or properties lying within the City
limits, or any portion of the City, with any service
which uses any portion of the public streets, ways,
easements, alleys, rights-of-way or places in the City
as the same may now exist or may hereafter exist, for
any purpose, without a City franchise secured under
the procedures set out hereunder, except insofar as
he/she or it may be entitled to do so by direct authority of the California Constitution, the Constitution or laws of the United States, or final decisions of courts of competent jurisdiction.
D. Limit. Nothing in this Section shall be construed to limit the ability of the City to seek, to accept and to grant easements for specific purposes over specific parcels of public property for limited
purposes.
E. Franchise Term. The tenn of the franchise
shall be determined by the City Council by ordi-
(LintiS<lY Supp, No, 'l, 2·()7) C-JS
August 08, 2023 Regular Meeting of the Lindsay City Council
nance. All franchises shall include a provision which
reserves to the City the right to take over at any time the works, plant and property constructed under the
franchise grant at their depreciated physical valuation and without compensation for franchise or goodwi 11.
F. Acquisition. No franchise shall in any way or
to any extent impair or affect the right of the City to acquire the property of the possessor thereof by purchase or exercise of the power of eminent domain, and nothing therein shall be construed to contract
away or to modifY or abridge, either for a term or for
perpetuity, the City's right of eminent domain with
respect to the property of the possessor of any franchise.
G. Franchise Condition. Every franchise granted
by the City is granted upon the condition, whether
expressed in the grant or not, that such franchise shall not be given any value before any court or other public authority or agency, in any administrative or judicial proceeding, in excess of any amount actually paid by the grantee to the City at the time of the franchise grant.
H. Resolution of Intent. Before granting any
franchise the City Council shall adopt a resolution declaring its intention to do so, stating the name of the proposed grantee, the character of the proposed franchise, and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix the
day, hour and place when and where any person having an interest in or objecting to the granting of such franchise may appear before the Council to be heard
thereon. Said resolution shall be published at least
once, not less than ten days prior to said hearing, in a newspaper of general circulation in the City or, ifthere is no newspaper of general circulation in the City, by
posting in three established public places.
I. Franchise Adoption. After hearing all persons desiring to be heard, the Council may deny or, by ordinance may grant the franchise on the terms
and conditions specified in the resolution.
Section 11.03 Violations.
A. Misdemeanor. A violation of any ordinance
of the City shall constitute a misdemeanor unless, by
ord inance, it is made an infraction.
CHARTER
B. Maximum Fine. The maximum fine or penalty for a misdemeanor or infraction shall be the same as established by the general laws, unless a
contrary intention is expressed in the City ordinance.
C. Enforcement. Yiolations of City ordinances
or of provisions of this Charter may be prosecuted in
the name of the People of the State of Cal iforn ia or
redressed by civil action.
D. Charter Compliance. Compliance with any
mandated duty prescribed in this Charter may be had
through civil action or, if appropriate, criminal proceedings.
C-J9
E. Yiolation of Charter. Notwithstanding the
criminal penalties provided for above, a Councilmember shall forfeit office pursuant to this Charter if a court of law has found that the Councilmember has
violated this Charter or any provision thereof, or wilfully has failed to carry out any provision of this Charter.
Section 11.04 Definitions.
Unless the provisions or the context otherwise requires, as used in this Charter:
A. "Shall" is mandatory and "may" is permissIve;
B. "City" is the City of Lindsay and "department", "commission", "agency", "committee", "board", "authority", "corporation", "division",
"program", "utility", "enterprise", "non-profit corporation", "officer", or "employee" is a department, commission, agency, committee, board, authority,
corporation, division, program, utility, enterprise,
non-profit corporation, officer, or employee, as the
case may be, of the City of Lindsay;
C. "Council" is the City Council of the City of
Lindsay;
D. "Councilmember" is a member of the City
Council of the City of Lindsay;
E. "Law" includes ordinance;
F. "State" is the State of California;
G. "Federal" is the government of the United
States of America;
H. "Yoter" shall be as defined by State law;
I. "He/she", "his/her", "he" and "she" shall be
interchangeable without regard to gender; and,
(Lindsay Supp. No.3, 2-(7)
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
J. "Ad Valorem" shall mean "according to
value" as defined by State law.
ARTICLE XII
CHARTER AMENDMENT
Section 12.01 Charter Amendment.
Amendments to this Charter shall be approved by
a majority of the voters of the City at an election on a date as determined by the City Council.
Section 12.02 How Amended.
A. Amendments. Amendments to this Charter
may be framed and proposed in any manner provided
by law or by any of:
B. Council Ordinance. An ordinance of the City
Council containing the full text of the proposed
amendment;
e. Initiative. An initiative by the voters of the
City; or
D. Charter Commission. A report with specific
full text as prepared by a duly elected Charter Commission as created pursuant to State law.
Section 12.03 Amendment Election.
If a majority ofthe voters of the City voting on a
proposed Charter amendment vote in favor of such
amendment, the amendment shall become effective at
the time fixed in the amendment. but if no time is
therein fixed. at the time the approved amendment is
tiled with the California Secretary of State by the
City Clerk and chaptered by the Secretary of State.
The City Clerk shall file the results of a Charter
amendment election with the Secretary of State
within 30 days following the election.
ARTICLE XIII
TRANSITION AND SEVERABILITY
Section 13.01 Transition.
All City ordinances. resolutions, orders, rules and
regulations which are in force when this Charter becomes effective shall remain in effect until repealed, (Lindsay SUPI'. NO.5, 2-(7)
except to the extent that they are inconsistent, disagree in any respect with, or interfere with the effective operation of this Charter or of ordinances adopted pursuant thereto.
C-20
Section 13.02 Severability.
If any provision of this Charter is held to be invalid the other provisions of this Charter shall not be affected thereby. If the application of the Charter or
any of its provisions to any person or circumstance is
held invalid the application of this Charter and its
provisions or circumstances shall not be affected
thereby.
Section 13.03 Transition of Current Elected
Officials.
A. Existing City Council. At the time of the
adoption of this Charter Councilmembers then serving shall serve until the end of the term for which they have been elected, and until their successors
have been elected and qualified.
B. Elected City Clerk. The elected City Clerk
shall have the option of remaining in the elected position until the end of the currentterm for which he/she has been elected or at such time as the office shall be vacated, or of resigning from such elected position
and seeking the position of appointed City Clerk.
e. Elected City Treasurer. The elected City
Treasurer shall remain in the elected position until
the end of the current term for which he/she has been
elected or at such time as the office shall be vacated.
Section 13.04 Continuity of Laws, Officers
and Employees.
A. Continuation of Rights. The City shall continue to own, possess and control all rights and property of every kind and nature owned, possessed or controlled by it on the effective date of this Charter, and shall be subject to all its debts, obligations and
liabilities.
B. Continuation of Acts. All lawful ordinances,
resolutions, orders, rules and regulations in force on
the effective date of this Charter and not in contlict
or inconsistent with this Charter herewith are continued in force until repealed or amended.
August 08, 2023 Regular Meeting of the Lindsay City Council
C. Continuation of Officers and Employees.
The present officers ofthe City shall retain their respective offices and employment subject to the provisions of this Charter, and an employee holding a City position at the time th is Charter takes effect, who was serving in that same or a comparable position at the
time of its adoption, shall not be subject to any employee selection or evaluation process as a condition of continuance in the same position, but in all other
respects shall be subject to the Personnel Ordinance
provided for in Section 7.03 of this Charter.
D. Non-Interference With Court Orders. Nothing herein shall be construed to interfere with or to modify any order or decision of any court of competent jurisdiction provided, however, that this Charter shall in all respects supersede any such court order or decision which does not apply specifically to home
rule charter cities under the California Constitution or the United States Constitution.
E. Transfer of Powers. If a City department,
office or agency is abolished by this Charter, the
powers and duties given it by law shall be transferred
CHARTER
to the City department, office or agency designated
by this Charter or, if the Charter makes no provision,
designated by the City Council by ordinance.
F. Transfer of Property and Records. A II propEND
erty, records and equipment of any department, office
or agency existing when this Charter is adopted shall
be transferred to the department, office or agency
assuming its powers and duties but, in the event that
the powers or duties are to be discontinued or divided
between units, or in the event that any conflict arises regard ing a transfer, such property, records or
equipment shall be transferred to one or more departments, offices or agencies designated by the City Council.
G. Rights and Claims. All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue, except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by
the City department, office or agency appropriate
under this Charter.
PROPOSED AND SUBMITTED BY THE CITY COUNCIL
OF THE CITY OF LINDSAY, CALIFORNIA
Valeriano Saucedo, Mayor
Chair, Charter Commission
Ellen Hendricks, Councilmember
Member, Charter Commission
John Stava, Councilmember
Member, Charter Commission
FOR VOTER APPROV AL
on this 8th day of January, 1996
Cynthia Rios, Mayor Pro Tem
Vice Chair, Charter Commission
John Hill, Councilmember
Member, Charter Commission
C-21 (Lindsay Supp, No, 3,2-07)
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
CITY OF LlNDSA Y
CITIZENS CHARTER ADVISORY COMMITTEE
Recommended to the Lindsay City Council and Lindsay Charter Commission for adoption and placement on the April 9, 1996 City Election ballot:
Vahnn Blue, Member Tom Elson, Member
Josie Figueroa, Member Janet Kliegl, Member
Herman Landers, Member Paul Leavens, Member
Ed Murray, Member Richard E. Pitcher, Member
Ben Rivas, Member Derrill Roberts, Member
Leonor Serna, Member Tom Spurlock, Member
Robert Tienken, Member
(Lindsay Snpp. No. :1. 2-07) C-22
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER
STAFF TO
LINDSAY CHARTER COMMISSION
LINDSAY CITIZENS CHARTER ADVISORY COMMITTEE
William Drennen, City Manager Bobbi Paul, City Clerk
Walter McCormick, City Attorney
Douglas W. Ayres Pamela S. Swift
Executive Director Deputy Executive Director and Secretary Lindsay Charter Commission
Lindsay Citizens Charter Advisory Committee
(Resolution calling election follows, when adopted)
C-23 (Lindsay StiPp. No.3, 2-07)
August 08, 2023 Regular Meeting of the Lindsay City Council
CHARTER INDEX
A
ACTING CITY MANAGER § 4.02
AMENDMENT
Amendment election § 12.03
Charter amendment § 12.0 I
Howamended § 12.02
B
BOARDS, COMMISSIONS AND COMMITTEES
§ 7.04
BOUNDARlES § 1.02
BUDGET
Adoption of budget § 8.05
Annual budget § 8.03
Budget amendments after adoption § 8.06
Capital program and budget § 8.09
City council review of budget § 8.04
Financial systems § 8.0 I
Lapse of appropriations § 8.08
Miscellaneous fiscal procedures § 8.12
Overexpenditures prohibited § 8.07
Public documents § 8.10
Purchasing and contracting § 8.1 I
Submission of budget and budget message § 8.02
C
CAPITAL PROGRAM AND BUDGET § 8.09
CITY ATTORNEY
Duties of city attorney § 6.02
Office of city attorney § 6.01
Special counsel § 6.03
CITY CLERK
Duties of city clerk § 5.02
Office of city clerk § 5.0 I
CITY COUNCIL
See MAYOR AND CITY COUNCIL
CITY MANAGER
Acting city manager § 4.02
City manager appointment § 4.0 I
Powers and duties of city manager § 4.03
CITY OBLIGATIONS
Powers, duties and obligations of the city
See POWERS, DUTIES AND OBLIGATIONS
OF THE CITY
COMMISSIONS, BOARDS AND COMMITTEES
§ 7.04
CONFLICTS OF INTEREST § I 1.0 I
CONTINUITY OF LA WS, OFFICERS AND
EMPLOYEES § 13.04
D
DEFINITIONS § 11.04
DEPARTMENT HEADS § 7.02
DEPARTMENTS § 7.01
E
ELECTIONS
Election procedures § 10.0 I
Initiative, referendum and recall § 10.03
Special elections § 10.02
CIX-J
F
FINANCIAL PROCEDURES
Adoption of budget § 8.05
Annual budget § 8.03
Budget amendments after adoption § 8.06
(Lindsay SUI'!'. No J.2·()7)
August 08, 2023 Regular Meeting of the Lindsay City Council
FINANCIAL PROCEDURES
Capital program and budget § 8.09
City council review of budget § 8.04
Financial systems § 8.01
Lapse of appropriations § 8.08
Miscellaneous fiscal procedures § 8.12
Overexpenditures prohibited § 8.07
Public documents § 8.10
Purchasing and contracting § 8.1 I
Submission of budget and budget message § 8.02
FORM OF GOVERNMENT § 1.03
FRANCHISES § 11.02
G
GENERAL MUNICIPAL POWERS
Duties and obligations ofthe city council § 2.06
General law powers § 2.02
Intergovernmental powers § 2.04
Liberal interpretation § 2.05
Municipal affairs § 2.03
Powers of the city § 2.0 I
M
MA YOR AND CITY COUNCIL
Actions requiring an ordinance § 3.08
City council § 3.0 I
Compensation and expenses § 3.05
Council procedure § 3.07
Emergency ordinances § 3.10
Filling of council vacancies § 3.04
Independent audit § 3.15
Judge of qualifications § 3.02
Mayor § 3.12
Mayor pro tern § 3.13
Ordinance authentication, recording and codes
§ 3.11
Ordinances in general § 3.09
Powers and duties of the city council § 3.06
Prohibitions on city council § 3.14
Vacancies and forfeiture of office § 3.03
(Linds.1Y Supp. No.3. 2-07)
N
NAME § 1.01
P
PERSONNEL SYSTEM § 7.03
PURCHASING AND CONTRACTING
Budget § 8.11
R
REVENUE
Taxation, revenues and debt
See TAXATION, REVENUES AND DEBT
SEVERABILlTY § 13.02
SPECIAL COUNSEL
City attorney § 6.03
S
T
TAXATION, REVENUES AND DEBT
Annual review of rates and fees § 9.04
Balanced revenue system § 9.03
Debt § 9.05
Depositories and investments § 9.06
Property taxation § 9.0 I
Tax limit § 9.02
TRANSITION § 13.01
TRANSITION OF CURRENT ELECTED OFFICIALS
§ 13.03
V
VIOLATIONS § 11.03
CIX-2
August 08, 2023 Regular Meeting of the Lindsay City Council
SUPPLEMENT NO.3
INSERTION GUIDE
LINDSAY MUNICIPAL CODE
February, 2007
(Covering Ordinances through 522)
This supplement consists of reprinted pages replacing existing pages in the Lindsay Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their places insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be retained as a permanent record of pages supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages
Preface ............................................................................................... Preface Table of Contents ............................................................. Table of Contents
CHARTER
--- ............................................................................................. C-I--C-23
CHARTER INDEX
--- ...................................................................................... CJX-I-CIX-2
STATUTORY REFERENCES
533-537 ................................................................................... 533-537 August 08, 2023 Regular Meeting of the Lindsay City Council
LINDSAY CITY COUNCIL
REGULAR MEETING AGENDA
MINUTES
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on July 25, 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 CERROS.
3. ROLL CALL
Present Mayor Cerros
Mayor Pro Tem Flores
Council Member Sanchez
Council Member Serna
Absent *Council Member Caudillo
*Absent with notice.
4. APPROVAL OF AGENDA
Motion to Approve Agenda
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS FLORES (4-0) AYE AYE ABSENT 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 August 08, 2023 Regular Meeting of the Lindsay City Council
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. • No public comment received in-person or via teleconference.
6. COUNCIL REPORT
• Councilmember SANCHEZ shared that she was happy to see everyone at meeting and hopes all are staying safe from the heat.
• Councilmember SERNA shared that it is good to be back as well as the current need for blood donations in the Central Valley. SERNA participated in a blood drive in Visalia and urged all to consider donating. SERNA shared that Pastor Adam Perez is holding a Summer Vacation Bible School at Breakthrough Church and saw close to 100 participants as well as many volunteers. • Mayor Pro Tem FLORES gave kudos to the Lindsay Department of Public Safety for providing relief from the heat by spraying water from the fire truck hose on the Youth Football and Cheer teams. No further report.
• Mayor CERROS attended the TCRTA meeting, networked with Mayors of surrounding Cities regarding clean water. CERROS attended the San Joaquin Valley California Cities dinner event and thanked Woodlake Mayor for the invitation. CERROS is preparing to represent the City as a Delegate in Ono, Japan for the Sister City trip and interviewed with the Japan Times. CERROS thanked the Lindsay Department of Public Safety under the leadership of Chief Carrillo for providing relief from the heat by spraying water from the fire truck hose on the Youth Football and Cheer teams. CERROS congratulated Officer Duron for completing her training.
7. CITY MANAGER REPORT
• CITY MANAGER reported that there is currently many things going on throughout the City. • CITY MANAGER reported that RECREATION SERVICES DIRECTOR requested a reallocation of Hospital District Funds which had already been granted to the City to be allocated to Pickleball Courts and ADA accessible doors et al.
• CITY MANAGER reported that PLHA funding is slowly moving along, once final documents are approved, then funds will be allocated for the Mt.Whitney rehabilitation project. • CITY MANAGER shared that the City is pending confirmation from Senator Feinstein’s Office regarding the $1.75M in funds that were requested for the City. • CITY MANAGER shared that the City is also pending confirmation from Congressman Valadao’s Office regarding the $400k that was requested for the City. • CITY MANAGER shared that several candidates are in the background process for the Lindsay Public Safety Department.
• CITY MANAGER shared that National Night Out will be held on August 1, 2023, at 6:00 pm at the Lindsay Wellness Center.
• CITY MANAGER shared that the Citizens Police Academy will begin accepting application some time next month.
• CITY MANAGER congratulated Sergeant Dempsie on being awarded the Lindsay Kiwanis Public Safety Employee of the Quarter Award.
• CITY MANAGER shared that thanks to the $14k officer wellness grant that the Lindsay Public Safety Department received, a CrossFit gym has been established in the Public Safety Bay. • CITY MANAGER informed that the Tulare Road Well Cleanup and Filling process has begun. • CITY MANAGER shared that the Linda Vista Project is currently on schedule.
August 08, 2023 Regular Meeting of the Lindsay City Council
• CITY MANAGER informed that the Downtown Fire Project is expected to commence in August.
8. DISCUSSION ITEMS
8.1 Beautification of City Roundabouts
Requested by Mayor Cerros
Presented by Neyba Amezcua, Director of City Services & Planning • Mayor opened item up for public comment.
• One in-person public comment was received from Roxanne Serna. SERNA shared that she liked ‘Option B’ in regard to the proposed Roundabout Art.
9. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
9.1 Minutes from July 11, 2023, Regular Meeting (pp. 4 – 9)
9.2 Warrant List for July 03, 2023, through July 16, 2023 (pp. 10 – 11)
9.3 Consider the Minute Order Approval of Resolution No. 23-30, A Resolution of the City Council of the City of Lindsay Amending the City of Lindsay Records Retention Policy and Repealing and Superseding All Other Resolutions Relative to Records Retention Thereto (pp. 12 – 39)
9.4 Consider the Minute Order Approval of Platinum Level Sponsorship and Expenditure Thereto for the Lindsay Youth Football and Cheer Program for the 2023 Season (pp. 40 – 41)
• Item 9.3 was pulled for discussion. CITY CLERK, CITY ATTORNEY, and CITY MANAGER answered questions from the Council. Council unanimously agreed to remove Item 9.3 from the consent calendar and vote on the item separately.
Motion to Approve Consent Calendar with Item 9.3 Removed 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SERNA (4-0) AYE AYE ABSENT AYE AYE
Motion to Approve Item 9.3 with Email Retention Set to Eighteen (18) Months 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (3-1) AYE NAY ABSENT AYE AYE
August 08, 2023 Regular Meeting of the Lindsay City Council
10. ACTION ITEMS
10.1 Consider the Approval of Resolution No. 23-28, A Resolution of the City Council of the City of Lindsay Certifying the Lindsay Professional Firefighters’ Association, Teamsters Local 856, as the Recognized and Designated Employee Organization and Exclusive Bargaining Representative of “All Firemen” Employed by the City, as Specifically Defined by Title 2.40.040 of the City of Lindsay Municipal Code (pp. 42 – 58) Presented by Shelline Bennett, Liebert Cassidy Whitmore Motion to Approve Item 10.1
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS FLORES (4-0) AYE AYE ABSENT AYE AYE
11. PUBLIC HEARING ITEMS
11.1 Special Event Permit (pp. 59 – 87)
A. First Reading of Ordinance No. 606, An Ordinance of the City Council of the City of Lindsay Amending Titles Five (5), Eight (8), and Eighteen (18) In Regards to the Special Event Permit and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 59 – 83) • Mayor opened the public hearing at 6:53 PM.
• In-person public comment from Roxanne Serna. SERNA stated that she has found the SEP does not work as it should, it is hard to wait for the Council to approve ABC licenses then have to get the paperwork signed by the Chief. SERNA shared that she feels the process to be a bit backwards. SERNA voiced her concerns regarding having to still pay SEP fees to rent a public venue and referenced the Lindsay Memorial building.
• Mayor closed the public hearing at 7:13 PM.
Motion to Continue Item 11.1A to the Next Regular Meeting Scheduled for August 8, 2023 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS FLORES (4-0) AYE AYE ABSENT AYE AYE
B. Public Hearing to Consider the Approval of Resolution No 23-29, A Resolution of the City Council of the City of Lindsay Amending Special Event Permit Fees and Charges and Repealing All Other Resolutions Relative to Special Event Permit Fees and Charges Thereto (pp. 84 – 87)
Presented by Araceli Mejia, Assistant City Planner
• Mayor opened the public hearing at 7:14 PM.
August 08, 2023 Regular Meeting of the Lindsay City Council
• Receiving no public comment, Mayor closed he public hearing at 7:15.
Motion to Continue Item 11.1B to the Next Regular Meeting Scheduled for August 8, 2023 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SERNA FLORES (4-0) AYE AYE ABSENT AYE AYE
12. EXECUTIVE (CLOSED) SESSION
12.1 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)’
• No reportable action taken out of closed session.
13. 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.
• No requests for future items were made.
14. 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.
The next Regular Meeting of the Lindsay City Council is scheduled to be held on August 08, 2023. • Mayor adjourned the meeting at 7:44 PM.
August 08, 2023 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY | WARRANT LIST 7/30/2023
TRANSACTION DATES: 07/17/2023 THROUGH 07/30/2023
Check# Fund Date Vendor # Vendor Name Description Amount 24005 $250.00
101 - GENERAL FUND 7/20/2023 6602 RAMIRO SERNA JULY COUNCIL STIPEND 250.00 24007 $250.00
101 - GENERAL FUND 7/20/2023 6603 RAMONA CAUDILLO JULY COUNCIL STIPEND 250.00 24008 $300.00
101 - GENERAL FUND 7/20/2023 6604 HIPOLITO CERROS JULY COUNCIL STIPEND 300.00 24009 $250.00
101 - GENERAL FUND 7/20/2023 5511 ROSAENA SANCHEZ JULY COUNCIL STIPEND 250.00 24010 $275.00
101 - GENERAL FUND 7/20/2023 4068 YOLANDA FLORES JULY COUNCIL STIPEND 275.00 24012 $255,860.00
101 - GENERAL FUND 7/20/2023 7110 PRISM GENERAL LIABILITY 57,942.23 101 - GENERAL FUND 7/20/2023 7110 PRISM GENERAL LIABILITY 15,447.88 101 - GENERAL FUND 7/20/2023 7110 PRISM GENERAL LIABILITY 5,064.88 101 - GENERAL FUND 7/20/2023 7110 PRISM PREMIUM 598.54
101 - GENERAL FUND 7/20/2023 7110 PRISM PREMIUM 159.58
101 - GENERAL FUND 7/20/2023 7110 PRISM PREMIUM 52.32
261 - GAS TAX FUND 7/20/2023 7110 PRISM GENERAL LIABILITY 3,317.50 261 - GAS TAX FUND 7/20/2023 7110 PRISM PREMIUM 34.27
400 - WELLNESS CENTER 7/20/2023 7110 PRISM GENERAL LIABILITY 77,391.37 400 - WELLNESS CENTER 7/20/2023 7110 PRISM PREMIUM 799.45 552 - WATER 7/20/2023 7110 PRISM GENERAL LIABILITY 44,292.38 552 - WATER 7/20/2023 7110 PRISM PREMIUM 457.54
553 - SEWER 7/20/2023 7110 PRISM GENERAL LIABILITY 44,343.01 553 - SEWER 7/20/2023 7110 PRISM PREMIUM 458.06
554 - REFUSE 7/20/2023 7110 PRISM GENERAL LIABILITY 5,444.75 554 - REFUSE 7/20/2023 7110 PRISM PREMIUM 56.24
24013 $70,753.38
101 - GENERAL FUND 7/20/2023 6100 KEENAN & ASSOCIATES JULY PPO RETIREE 2,892.93 101 - GENERAL FUND 7/20/2023 6100 KEENAN & ASSOCIATES JULY PPO 250 67,860.45 24014 $27.50
101 - GENERAL FUND 7/20/2023 6681 FRANCESCA QUINTANA MILEAGE 27.50 24015 $200.00
101 - GENERAL FUND 7/20/2023 7050 BRENDAN DIAZ S-290 FIRE TRAINING 200.00 24016 $100.00
101 - GENERAL FUND 7/20/2023 7050 BRENDAN DIAZ S-234 ENGINE BOSS 8/9,8/10 100.00 24017 $300.00
101 - GENERAL FUND 7/20/2023 6710 PRECISION TRAINING GROUP BRENDAN D. FIRE TRAINING 300.00 24018 $167.00
101 - GENERAL FUND 7/20/2023 7114 KENNETH CLIFFORD ARPOC 2023 CONFERENCE 167.00 24019 $1,800.00
400 - WELLNESS CENTER 7/20/2023 6260 LLEON SERVICES W.C. JULY CHEM. BALANCING 1,800.00 24020 $956.24
101 - GENERAL FUND 7/20/2023 6600 AMERICAN HERITAGE LIFE INSURANCE CO JULY ACCIDENT PLAN 956.24 24021 $425.00
101 - GENERAL FUND 7/20/2023 6346 JEFF PFEIFFER JULY SQUIRREL TREATMENT 425.00 24022 $100.00
101 - GENERAL FUND 7/20/2023 7099 LEGOLVAN LAW LEGAL FEES 100.00 24023 $2,000.00
552 - WATER 7/20/2023 5399 MARCOS LOYA TOODS HILL CLEAN UP 2,000.00 24024 $3,186.70
101 - GENERAL FUND 7/20/2023 6991 PREMIER ACCESS INSURANCE COMPANY JULY 2023 DENTAL PLANS 3,186.70 24025 $457.09
101 - GENERAL FUND 7/20/2023 5625 NGLIC-SUPERIOR VISION INC. JULY 2023 VISION PLAN 457.09 24026 $332.92
400 - WELLNESS CENTER 7/20/2023 6500 CHARTER COMMUNICATIONS JULY W.C. INTERNET 332.92 24027 $4,506.34
101 - GENERAL FUND 7/20/2023 6146 SUPERION, LLC JULY 2023 SUPERION 1,126.58 552 - WATER 7/20/2023 6146 SUPERION, LLC JULY 2023 SUPERION 1,126.59 553 - SEWER 7/20/2023 6146 SUPERION, LLC JULY 2023 SUPERION 1,126.59 554 - REFUSE 7/20/2023 6146 SUPERION, LLC JULY 2023 SUPERION 1,126.58 24028 $4,772.01
101 - GENERAL FUND 7/20/2023 2421 TULARE COUNTY LAFCO FY23/24 LAFCO COSTS 4,772.01 24029 $850.00
552 - WATER 7/20/2023 6118 CVIN LLC D.B.A VAST NETWORK 7/1/23-7/31/23 283.34 553 - SEWER 7/20/2023 6118 CVIN LLC D.B.A VAST NETWORK 7/1/23-7/30/23 283.33 554 - REFUSE 7/20/2023 6118 CVIN LLC D.B.A VAST NETWORK 7/1/23-7/30/23 283.33 24030 $480.60
400 - WELLNESS CENTER 7/20/2023 1858 ALL PRO FIRE AND SAFETY DRY CHEM RECHARGE CITY POOL 480.60 24031 $6,285.50
101 - GENERAL FUND 7/20/2023 5803 EMD NETWORKING SERVICES, INC. JULY 2023 IT SERVICES 6,285.50 24032 $668.00
779 - 00-HOME-0487 7/20/2023 5284 FARMERS HOME POLICY-99625-8328 668.00 24033 $2,172.00
552 - WATER 7/20/2023 137 FRIANT WATER AUTHORITY AUG BILLING 2,172.00 24034 $214.85
552 - WATER 7/20/2023 7116 SANTAMARIA SANDRA 226 E TULARE RD 214.85 24035 $1,500.00
101 - GENERAL FUND 7/21/2023 2498 VIRGINIA LOYA CUP REIMBURSEMENT 1,500.00 August 08, 2023 Regular Meeting of the Lindsay City Council
24036 $1,250.00
101 - GENERAL FUND 7/21/2023 7115 FLOCK SAFETY 6/9/2023-3/15/2025 1,250.00 24037 $175.00
400 - WELLNESS CENTER 7/21/2023 6093 GFIT CHAIR CLASSES 25.00 400 - WELLNESS CENTER 7/21/2023 6093 GFIT CHAIR CLASSES 150.00 24038 $125.00
400 - WELLNESS CENTER 7/21/2023 5912 YVETTER DURAN JUNE POUND CLASSES 125.00 24039 $300.00
400 - WELLNESS CENTER 7/21/2023 3208 SHANNON PATTERSON JUNE STRENGTH&BALANCE 300.00 24040 $600.00
400 - WELLNESS CENTER 7/21/2023 6998 RONALD ERIK HANSEN MONTHLY MAINTENANCE 600.00 24041 $200.00
400 - WELLNESS CENTER 7/21/2023 6807 MARISOL DIAZ VELASQUEZ JUNE POUND&SPIN CLASSES 200.00 24042 $425.00
400 - WELLNESS CENTER 7/21/2023 6973 ELIZABETH GUND JUNE VINYASA FLOW, YOGA 425.00 24043 $175.00
400 - WELLNESS CENTER 7/21/2023 5819 ANITA GUTIERREZ JUNE ZUMBA CLASSES 175.00 24044 $75.00
400 - WELLNESS CENTER 7/21/2023 6097 ANGELICA BERMUDEZ JUNE ZUMBA CLASSES 75.00 24045 $9,600.00
101 - GENERAL FUND 7/21/2023 6579 MV CHENG & ASSOCIATES INC JUNE 2023-F.D. CONSULT 9,600.00 24046 $4,649.00
101 - GENERAL FUND 7/24/2023 2771 DEPARTMENT OF MOTOR VEHICLE 1FM5K8AB9PGA64386- DMV FEES 4,649.00 24047 $4,649.00
101 - GENERAL FUND 7/24/2023 2771 DEPARTMENT OF MOTOR VEHICLE 1FM5K8AB4PGA63971- DMV FEES 4,649.00 24048 $4,649.00
101 - GENERAL FUND 7/24/2023 2771 DEPARTMENT OF MOTOR VEHICLE 1FM5K8AB2PGA64181- DMV FEES 4,649.00 24049 $4,649.00
101 - GENERAL FUND 7/24/2023 2771 DEPARTMENT OF MOTOR VEHICLE 1FM5K8AB0PGA64213- DMV FEES 4,649.00 24050 $4,649.00
101 - GENERAL FUND 7/24/2023 2771 DEPARTMENT OF MOTOR VEHICLE 1FM5K8AB6PGA64488- DMV FEES 4,649.00 24051 $844.09
101 - GENERAL FUND 7/25/2023 4067 LINCOLN NAT'L INSURANCE CO. JULY 2023 LIFE PLAN 844.09 24052 $20.00
101 - GENERAL FUND 7/25/2023 6015 TULARE COUNTY CLERK LIEN RELEASE-480 N HARVARD 20.00 24053 $58.00
101 - GENERAL FUND 7/25/2023 6015 TULARE COUNTY CLERK ELEVATE LLC CUP 23-02 APN:205-282-009-000 58.00 24054 $58.00
101 - GENERAL FUND 7/25/2023 6015 TULARE COUNTY CLERK WTP FILTER BANK D 729 E. HONOLULU 58.00 24055 $100.00
101 - GENERAL FUND 7/25/2023 078 TULARE COUNTY CLERK BLOSSOM ANNUAL MEMBERSHIP 100.00 24056 $78,649.79
600 - CAPITAL IMPROVEMENT 7/25/2023 7119 SEAL RITE PAVING AND GRADING VALENCIA ST & LINDA VISTA DR 78,649.79 24057 $982.24
101 - GENERAL FUND 7/26/2023 6600 AMERICAN HERITAGE LIFE INSURANCE CO JUNE ACCIDENT PLAN 982.24 24058 $88.45
101 - GENERAL FUND 7/26/2023 6551 CHARTER COMMUNICATIONS 106076601061423 JUNE 88.45 24059 $19,068.50
552 - WATER 7/26/2023 2960 UNITED STATES BUREAU OF RECLAMATION 5-07-20 W428-LTR1-P 19,068.50 24060 $1,217.44
781 - CAL HOME RLF 7/26/2023 2540 DEPT. OF HOUSING & COMMUNITY DEVELOP CALHOME 6/30/23 TO HCD 1,217.44 24061 $2,108.10
720 - HOME REVOLVING LN FUND 7/26/2023 2540 DEPT. OF HOUSING & COMMUNITY DEVELOP 6/30/23 HOME TO HCD 2,108.10 24062 $13,945.69
700 - CDBG REVOLVING LN FUND 7/26/2023 2540 DEPT. OF HOUSING & COMMUNITY DEVELOP CDBG 6/30/23 TO HCG 13,945.69 24063 $1,346.13
101 - GENERAL FUND 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-151-2650 21.52 101 - GENERAL FUND 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-151-2652 43.04 101 - GENERAL FUND 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-151-2656 43.04 101 - GENERAL FUND 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-151-2662 56.91 101 - GENERAL FUND 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-188-3200 5.07 101 - GENERAL FUND 7/26/2023 6010 FRONTIER COMMUNICATIONS 562-2512 176.03 101 - GENERAL FUND 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-151-2650 21.52 101 - GENERAL FUND 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-042-9309 1.99 101 - GENERAL FUND 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-188-3200 5.07 552 - WATER 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-150-2936 78.33 552 - WATER 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-151-2650 21.52 552 - WATER 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-188-3200 5.07 552 - WATER 7/26/2023 6010 FRONTIER COMMUNICATIONS 562-1552 126.48 552 - WATER 7/26/2023 6010 FRONTIER COMMUNICATIONS 562-7131 158.09 553 - SEWER 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-150-3621 111.33 553 - SEWER 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-151-2650 21.52 553 - SEWER 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-151-2654 43.04 553 - SEWER 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-151-2655 43.04 553 - SEWER 7/26/2023 6010 FRONTIER COMMUNICATIONS 209-188-3200 5.07 553 - SEWER 7/26/2023 6010 FRONTIER COMMUNICATIONS 562-7132 358.45 24064 $100.00
101 - GENERAL FUND 7/26/2023 7117 HEATHER BLATTNER ARBOR DEPOSIT REFUND 100.00 August 08, 2023 Regular Meeting of the Lindsay City Council
24065 $2,512.54
306 - COVID-19 ARPA FUND 7/26/2023 7013 KOSMONT CAMPANIES 6/1/23-6/30/23 HBU 2,512.54 24066 $2,088.01
101 - GENERAL FUND 7/28/2023 6425 LINDSAY TIRE & AUTO CARE CENTER GARDEN TRAILER-TIRE 325.00 101 - GENERAL FUND 7/28/2023 6425 LINDSAY TIRE & AUTO CARE CENTER GARDENING TRAILER-TIRES 573.01 101 - GENERAL FUND 7/28/2023 6425 LINDSAY TIRE & AUTO CARE CENTER TRAILER-NEW TIRES 260.00 552 - WATER 7/28/2023 6425 LINDSAY TIRE & AUTO CARE CENTER LIC#1051245-NEW TIRES 110.00 552 - WATER 7/28/2023 6425 LINDSAY TIRE & AUTO CARE CENTER LIC#1400809-FLAT REPAIR 40.00 552 - WATER 7/28/2023 6425 LINDSAY TIRE & AUTO CARE CENTER LIC#1456093-TIRES 780.00 24067 $234.90
101 - GENERAL FUND 7/26/2023 2933 MALLORY CO. LATEX GLOVES 234.90 24068 $13,000.00
101 - GENERAL FUND 7/26/2023 6947 MOSS, LEVY & HARTZHEIM LLP AUDIT WORK FY END 6/30/22 13,000.00 24069 $2,149.17
552 - WATER 7/26/2023 6673 PACE SUPPLY CORP BRASS COUPLINGS 592.64 552 - WATER 7/26/2023 6673 PACE SUPPLY CORP REPAIR CLAMPS 1,556.53 24070 $44,285.04
101 - GENERAL FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 268 N SWEETBRIAR 4.47 101 - GENERAL FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 183.75 101 - GENERAL FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 1,604.15 101 - GENERAL FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 1,816.11 101 - GENERAL FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 44.02 101 - GENERAL FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 1,476.30 261 - GAS TAX FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 108 HERMOSA ST PED 109.07 261 - GAS TAX FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 108 W HERMOSA 20.12 261 - GAS TAX FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 135 W HONOLULU LS3A 128.62 261 - GAS TAX FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 151 W SAMOA ST LS3D 75.06 261 - GAS TAX FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 157 N MIRAGE AVE LED 53.72 261 - GAS TAX FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 269 N SWEETBRIAR 60.46 261 - GAS TAX FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 700482892316 210.51 261 - GAS TAX FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 113 W HICKORY 41.06 261 - GAS TAX FUND 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 6,278.70 552 - WATER 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 26,259.97 553 - SEWER 7/27/2023 310 SOUTHERN CA. EDISON CO. 23611 RD 196-WWTP 2,989.01 553 - SEWER 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 527.39 556 - VITA-PAKT 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 1,076.06 883 - SIERRA VIEW ASSESSMENT 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 423.23 884 - HERITAGE ASSESSMENT DIST 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 96.22 886 - SAMOA 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 15.55 887 - SWEETBRIER TOWNHOUSES 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 25.62 888 - PARKSIDE 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 96.22 889 - SIERRA VISTA ASSESSMENT 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 67.50 890 - MAPLE VALLEY ASSESSMENT 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 98.55 891 - PELOUS RANCH 7/27/2023 310 SOUTHERN CA. EDISON CO. 1250 PARKSIDE IRR. 15.04 891 - PELOUS RANCH 7/27/2023 310 SOUTHERN CA. EDISON CO. 60001505934 488.56 24071 $402.87
400 - WELLNESS CENTER 7/27/2023 1776 SMART & FINAL 2023 KIDS DAY-HOT DOGS 402.87 24072 $535.00
101 - GENERAL FUND 7/27/2023 6123 TOW PRO LIC#1366732 TOW SERVICE 200.00 101 - GENERAL FUND 7/27/2023 6123 TOW PRO LIC#7EBZ511 EVIDENCE VEHICLE 335.00 24073 $48.93
101 - GENERAL FUND 7/27/2023 144 THE GAS COMPANY 139 N SWEETBRIAR AVE 16.85 400 - WELLNESS CENTER 7/27/2023 144 THE GAS COMPANY 740 SEQUOIA BLDG 32.08 24074 $1,215.88
101 - GENERAL FUND 7/27/2023 1041 VERIZON WIRELESS 642065758-00003 JUNE 41.98 101 - GENERAL FUND 7/27/2023 1041 VERIZON WIRELESS 642065758-00001 JUNE 125.31 101 - GENERAL FUND 7/27/2023 1041 VERIZON WIRELESS 642065758-00004 JUNE 915.46 101 - GENERAL FUND 7/27/2023 1041 VERIZON WIRELESS 642065758-00003 JUNE 22.19 101 - GENERAL FUND 7/27/2023 1041 VERIZON WIRELESS 642065758-00003 JUNE 22.19 101 - GENERAL FUND 7/27/2023 1041 VERIZON WIRELESS 642065758-00003 JUNE 22.19 552 - WATER 7/27/2023 1041 VERIZON WIRELESS 642065758-00003 JUNE 22.19 553 - SEWER 7/27/2023 1041 VERIZON WIRELESS 642065758-00003 JUNE 22.19 554 - REFUSE 7/27/2023 1041 VERIZON WIRELESS 642065758-00003 JUNE 22.18 24075 $100.00
553 - SEWER 7/27/2023 5901 WORLD OIL ENVIRONMENTAL SERVICES USED OIL SVC CHARGE 100.00 24076 $643.00
101 - GENERAL FUND 7/27/2023 6504 ADVENTIST HEALTH TOXICOLOGY JUNE TOXICOLOGY SVCS 643.00 24077 $320.00
101 - GENERAL FUND 7/27/2023 3898 AMERICAN INCORPORATED P.S. ANNUAL HVAC SVC 320.00 24078 $248.11
101 - GENERAL FUND 7/27/2023 5457 AUTO ZONE COMMERCIAL BATTERY CHARGER 67.85 101 - GENERAL FUND 7/27/2023 5457 AUTO ZONE COMMERCIAL DIESEL EXHAUST FLUID 58.70 553 - SEWER 7/27/2023 5457 AUTO ZONE COMMERCIAL LOW FLOOR JACK 121.56 24079 $24.50
101 - GENERAL FUND 7/27/2023 6362 AMERICAN BUSINESS MACHINES H.R. #17684 TONER 15.00 101 - GENERAL FUND 7/27/2023 6362 AMERICAN BUSINESS MACHINES FINANCE CHARGE 9.50 24080 $4,300.00
305 - EMERGENCY OPERATIONS 7/27/2023 7071 A PLUS ROOFING COMPANY W.C.-2 WATER TEST & REPAIRS 4,300.00 24081 $3,339.89
552 - WATER 7/27/2023 051 BSK DRINKING WATER-KELLER WEGLEY 2,036.14 553 - SEWER 7/27/2023 051 BSK WASTE WATER-WEEKLY, MONTHLY 810.00 556 - VITA-PAKT 7/27/2023 051 BSK VITA-PAKT WASTE WATER 493.75 August 08, 2023 Regular Meeting of the Lindsay City Council
24082 $127.18
400 - WELLNESS CENTER 7/27/2023 5832 CINTAS CORPORATION #621 W.C. CLEANER/DISNFCT 127.18 24083 $283.15
101 - GENERAL FUND 7/27/2023 4567 COUNTY OF TULARE IT RADIO COMM. JUNE-ORDER#20230433 283.15 24084 $1,350.00
101 - GENERAL FUND 7/27/2023 6521 CENTRAL VALLEY FORENSIC NURSING SPE IRIARTE-CASE#23L01096 1,200.00 101 - GENERAL FUND 7/27/2023 6521 CENTRAL VALLEY FORENSIC NURSING SPE SOLANO-CASE#23L-01298 150.00 24085 $409.00
101 - GENERAL FUND 7/27/2023 4155 CALIFORNIA DIESEL COMPLIANCE PSIP-STATEWIDE SMOKE TEST 409.00 24086 $4,681.00
400 - WELLNESS CENTER 7/27/2023 6090 CLEAN CUT LANDSCAPE MANAGEMENT INC. W.C. JUNE LANDSCAPE 975.00 400 - WELLNESS CENTER 7/27/2023 6090 CLEAN CUT LANDSCAPE MANAGEMENT INC. W.C. MAY LANDSCAPE 431.00 883 - SIERRA VIEW ASSESSMENT 7/27/2023 6090 CLEAN CUT LANDSCAPE MANAGEMENT INC. JUNE LANDSCAPE 1,298.00 884 - HERITAGE ASSESSMENT DIST 7/27/2023 6090 CLEAN CUT LANDSCAPE MANAGEMENT INC. JUNE LANDSCAPE 315.00 886 - SAMOA 7/27/2023 6090 CLEAN CUT LANDSCAPE MANAGEMENT INC. JUNE LANDSCAPE 154.00 887 - SWEETBRIER TOWNHOUSES 7/27/2023 6090 CLEAN CUT LANDSCAPE MANAGEMENT INC. JUNE LANDSCAPE 546.00 888 - PARKSIDE 7/27/2023 6090 CLEAN CUT LANDSCAPE MANAGEMENT INC. JUNE LANDSCAPE 225.00 889 - SIERRA VISTA ASSESSMENT 7/27/2023 6090 CLEAN CUT LANDSCAPE MANAGEMENT INC. JUNE LANDSCAPE 97.00 890 - MAPLE VALLEY ASSESSMENT 7/27/2023 6090 CLEAN CUT LANDSCAPE MANAGEMENT INC. JUNE LANDSCAPE 55.00 891 - PELOUS RANCH 7/27/2023 6090 CLEAN CUT LANDSCAPE MANAGEMENT INC. JUNE LANDSCAPE 585.00 24087 $912.05
101 - GENERAL FUND 7/27/2023 6351 CANON FINANCIAL SERVICES, INC H.R.-#C257IF 182.41 101 - GENERAL FUND 7/27/2023 6351 CANON FINANCIAL SERVICES, INC C.M.-#C5550I 182.41 101 - GENERAL FUND 7/27/2023 6351 CANON FINANCIAL SERVICES, INC F.D.-#C5560I 182.41 101 - GENERAL FUND 7/27/2023 6351 CANON FINANCIAL SERVICES, INC P.S.-#C256IF 182.41 101 - GENERAL FUND 7/27/2023 6351 CANON FINANCIAL SERVICES, INC C.S.-#4535I 182.41 24088 $175.09
101 - GENERAL FUND 7/27/2023 2258 CROUZET IRRIGATION SUPPLY, INC. 32" METER KEY-LANDSCAPE 150.44 889 - SIERRA VISTA ASSESSMENT 7/27/2023 2258 CROUZET IRRIGATION SUPPLY, INC. IRRITROL ADJUSTABLE 24.65 24089 $12,968.91
306 - COVID-19 ARPA FUND 7/27/2023 7118 ALLIANT INSURANCE SERVICES, POLICY#H23NGP227396-00 12,968.91 24090 $389,562.00
101 - GENERAL FUND 7/28/2023 7110 PRISM EXCESS WORKERS COMPENSATION 246,694.00 101 - GENERAL FUND 7/28/2023 7110 PRISM WORKERS COMPENSATION 142,868.00 NAVIA3 $1,330.80
101 - GENERAL FUND 03/22/23 4924 NAVIA BENEFIT SOLUT SEC125 FUNDING DEPO 1,330.80
SUMMARY BY FUNDING SOURCE
101 - GENERAL FUND 624,001.77
261 - GAS TAX FUND 10,329.09
305 - EMERGENCY OPERATIONS 4,300.00
306 - COVID-19 ARPA FUND 15,481.45
400 - WELLNESS CENTER 84,847.47
552 - WATER 101,402.16
553 - SEWER 51,363.59
554 - REFUSE 6,933.08
556 - VITA-PAKT 1,569.81
600 - CAPITAL IMPROVEMENT 78,649.79
700 - CDBG REVOLVING LN FUND 13,945.69
720 - HOME REVOLVING LN FUND 2,108.10
779 - 00-HOME-0487 668.00
781 - CAL HOME RLF 1,217.44
883 - SIERRA VIEW ASSESSMENT 1,721.23
884 - HERITAGE ASSESSMENT DIST 411.22
886 - SAMOA 169.55
887 - SWEETBRIER TOWNHOUSES 571.62
888 - PARKSIDE 321.22
889 - SIERRA VISTA ASSESSMENT 189.15
890 - MAPLE VALLEY ASSESSMENT 153.55
891 - PELOUS RANCH 1,088.60
TOTAL $ 1,001,443.58
August 08, 2023 Regular Meeting of the Lindsay City Council
CASH RESOURCES
LOCATION GL ACCOUNT # TYPE BALANCE
Cash Register Funds (City Hall & Wellness) 100-102 RES $ 700 Bank of the Sierra- Depository Account 100-114 GEN $ 2,894,287 Bank of the Sierra - AP/Operating 100-100 GEN $ 11,700
Bank of the Sierra - Payroll 100-106 GEN $ 357,411
Bank of the Sierra - Wellness Center 100-500 GEN $ 1,088,806 Bank of the Sierra - Impound Account 100-120 RES $ 14,937 LAIF Savings: City & Successor Agency 100-103 INV-RES $ 6,090,699 MBS Investments 100-700 INV-RES 5,545,643
$ 16,004,183
CASH EXPENDED
ACCOUNTS PAYABLE & PAYROLL AMOUNT DEBT SERVICE AMOUNT
Accounts Payable $ 1,001,444 2015 Bonds $ 700,043
Payroll (July 14 Payday) $ 287,627 Wellness Center $ 94,430 Payroll (July 28 Payday) $ 292,849
TOTAL $ 1,581,919 TOTAL $ 794,473
INVESTMENTS
INVESTED FUNDS $11,636,342
Respectfully submitted,
GEN: GENERAL UNRESTRICTED
RES: RESTRICTED ACTIVITY
City Manager INV: INVESTMENT
City of Lindsay
ABBREVIATIONS
Joseph Tanner
Monthly Treasurer's Report
July 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).
August 08, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 11.4
MEETING DATE: August 08, 2023
ACTION & RECOMMENDATION
Consider the Minute Order Approval of Letters Support for Senate Bill 231, Senate Bill 265, and Senate Bill 577.
Staff recommends that the City Council consider the approval of providing letters of Support on behalf of the City of Lindsay for Senate Bill 231, Senate Bill 265, and Senate Bill 577 as the bills aim to combat climate change, develop cybersecurity preparedness plans for California’s critical infrastructure sectors, and accept additional funding sources for the California Service Training and Education program.
BACKGROUND | ANALYSIS
Senate Bill 231 requires the Department of Water Resources (DWR) to adopt key recommendations made by the independent California State Auditor. These recommendations stem from a recently released audit which examined DWR’s management of the state’s water supply. Specifically, SB 231 would require DWR to:
• Establish a formal process to annually evaluate the accuracy of its water supply forecasts and establish plans to improve those forecasts.
• Adopt a new water supply forecasting model and implement procedures that address the effects of climate change.
• Implement a formal policy and procedures for documenting DWR’s operational plans for the state’s water supply. The Department of Water Resources is also required to address the rationale for its operating procedures.
• Develop a comprehensive, long-term plan for mitigating and responding to the effects of drought.
Senate Bill 265 takes action to combat the growing issue of cyber threats and cyberattacks by directing the California Office of Emergency Services (Cal-OES) and the California Cybersecurity Integration Center (Cal-CSIC) to develop outreach and funding plans to improve cybersecurity preparedness in California’s critical infrastructure sectors.
August 08, 2023 Regular Meeting of the Lindsay City Council
Senate Bill (SB) 577 allows the State Fire Marshal to accept additional funding sources for the California Fire Service Training and Education Program. The bill would make the same change relative to the California Fire and Arson Training Act. Permitting the State Fire Marshall to receive additional funding sources for training programs will help to mitigate rising fees for those seeking fire training certification.
Attached to this report are letters of support for all three (3) bills. Should the City Council approve of providing letters of support, then the letters of support will be signed by the Mayor and provided to the Chair of the California Assembly Appropriations Committee.
FISCAL IMPACT
No fiscal impact associated with this action.
ATTACHMENTS
• SB 231 Fact Sheet
• Letter of Support for SB 231
• SB 265 Fact Sheet
• Letter of Support for SB 265
• SB 577 Fact Sheet
• Letter of Support for SB 577
August 08, 2023 Regular Meeting of the Lindsay City Council
Senate Bill 231
Amended, June 16, 2023
SUMMARY
Senate Bill 231 requires the Department of
Water Resources (DWR) to adopt key
recommendations made by the independent
California State Auditor. These
recommendations stem from a recently released
audit which examined DWR’s management of
the state’s water supply. Specifically, SB 231
would require DWR to
Establish a formal process to annually
evaluate the accuracy of its water supply
forecasts and establish plans to improve
those forecasts.
Adopt a new water supply forecasting
model and implement procedures that
address the effects of climate change.
Implement a formal policy and
procedures for documenting DWR’s
operational plans for the state’s water
supply. The Department of Water
Resources is also required to address the
rationale for its operating procedures.
Develop a comprehensive, long-term
plan for mitigating and responding to the
effects of drought
PROBLEM
Due to the impacts of climate change, accuracy
in modeling is imperative to managing water
resources properly. During Water Year 2021,
DWR's modeling errors resulted in the excessive
release of around 700,000 acre-feet of water
from California reservoirs. Billions of gallons of
water were released into the Sacramento-San
Joaquin Delta without benefiting humans or
wildlife. This loss of water had severe
consequences for California due to the
significantly lower runoff than anticipated
BACKGROUND
In March 2022, former Assemblymember Gray
submitted a letter requesting an audit of the
Department of Water Resources investigating the
management and administration of surface
water. This audit included investigations into the
accuracy of data collection, predictive models,
and procedures used by the state. The findings of
the audit can help ensure forecast modeling
mistakes are avoided in future water years. In
addition, improved transparency by the DWR
may offer clarity and a better understanding of
the policies it implements.
SOLUTION
SB 231 requires DWR to update its policies and
procedures to better combat the impacts of
climate change. The bill also requires DWR to
document and address the decisions behind its
water operating decisions. Accurate water data
collection, planning, and accountability will
ensure water stays a vital resource for the public
for generations to come.
FOR MORE INFORMATION
Harrison Pardini, Legislative Aide
[email protected]
(916) 651-4016
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2022 Via E-mail
To: The Honorable Assembly Member Chris Holden
Chair, Assembly Appropriations Committee
1021 O Street, Suite 8220
Sacramento, CA 95814
Re: Senate Bill 231 (Hurtado) ––Dept. of Water Resources: Water Supply Forecasting ––SUPPORT Dear Chair Holden,
The City of Lindsay is pleased to support SB 231 (Hurtado) which would require the Department of Water Resources to adopt key recommendations made by the independent California State Auditor regarding surface water management. These recommendations would update DWR’s policies and procedures surrounding water supply forecasts, operational plans for state water supply, and its plans for mitigating and responding to droughts.
The City of Lindsay encompasses approximately 1,747 acres and is home to nearly 14,000 residents. Lindsay residents are 78% Latino and primarily agricultural workers. The City of Lindsay proudly supports measures that aim to combat climate change.
Due to the impacts of climate change, accuracy in modeling is imperative to managing water resources properly. In Water Year 2021 significant modeling errors by DWR led to the over-release of an estimated 700,000 acre-feet of water from California reservoirs. Billions of gallons of water were released into the Sacramento-San Joaquin Delta at times when it had no positive impact for humans or wildlife. This wasted water would have proved invaluable as the predicted runoff fell vastly short of expectations.
SB 231 requires DWR to update its policies and procedures to better combat the impacts of climate change. The bill also requires DWR to document and address the decisions behind its water operating decisions. Improved transparency may offer clarity and a better understanding of DWR’s reasoning for the policies and water management decisions it implements. Millions of Californians depend on DWR’s management of the State Water Project, and it is imperative that there is accurate water data collection, planning, and accountability to ensure water stays a vital resource for the public for generations to come. For these reasons, the City of Lindsay supports SB 231 (Hurtado) and respectfully asks for your AYE vote in the Assembly Water, Parks, and Wildlife Committee.
Sincerely,
Hipolito A. Cerros
Mayor
Cc: Members, Assembly Appropriations Committee
Senator Melissa Hurtado, Author
August 08, 2023 Regular Meeting of the Lindsay City Council
Senate Bill 265
The Critical Infrastructure Cybersecurity Preparedness Act As Amended June 19, 2023
SUMMARY
SB 265 takes action to combat the growing issue of
cyber threats and cyberattacks by directing the
California Office of Emergency Services (Cal-OES)
and the California Cybersecurity Integration Center
(Cal-CSIC) to develop outreach and funding plans to
improve cybersecurity preparedness in California’s
critical infrastructure sectors.
PROBLEM
Recent reports regarding various cybersecurity
attacks in the education, health care, energy, and
financial sectors have demonstrated that California’s
critical infrastructure sectors are vulnerable to attack and suffer from a stark lack of cybersecurity
preparedness.
Research has shown an increase in the number of
cyberattacks targeting critical infrastructure sectors.
These cyberattacks are predominantly made up of
phishing attempts and ransomware.
In December 2022, the California Department of
Finance, itself, was hit by a cybersecurity threat that took several days to control. And, in September
2022, the Los Angeles Unified School District
experienced a cybersecurity attack where attackers
threatened to release highly confidential information.
This lack of preparedness threatens California’s
economy and the livelihood of those who rely on
these sectors. Unless at-risk companies and systems
begin to prioritize their cybersecurity, any cyber
threats they face will have the potential to harm not
only California’s economy, but also the well-being
of individual Californians.
BACKGROUND
In 2018, Governor Brown signed legislation which
defined and established the California Cybersecurity
Integration Center (Cal-CSIC). Cal-CSIC operates
under the Office of Emergency Services (Cal-OES),
and is responsible for planning California’s
cybersecurity strategy and coordinating with both
federal and state government entities to execute that
strategy. Cal-CSIC continues to build California’s
cybersecurity strategy, and work with individual
state departments to ensure individual infrastructure
sectors have cybersecurity policies and protocols.
In 2022, Governor Newsom signed similar
legislation which requires Cal-OES to direct the
California Cybersecurity Integration Center (CalCSIC) to prepare a multi-year outreach plan to assist the agriculture and water industries specifically in
efforts to improve cybersecurity, and options for
providing grants and other support to improve
cybersecurity preparedness.
SOLUTION
SB 265 expands on previous work by requiring CalOES and Cal-CSIC to develop cybersecurity preparedness plans for California’s critical
infrastructure sectors. The plans must include a
strategic, multiyear outreach strategy focusing on
methods for coordinating with other state and federal
agencies, nonprofit organizations, and associations
that provide cybersecurity services or resources in
the critical infrastructure sector, as well as plans
outlining the funding options necessary to achieve
this outreach.
August 08, 2023 Regular Meeting of the Lindsay City Council
SUPPORT
California Water Association
City of Dinuba
City of Lindsay
City of Porterville
County of Tulare
Cybersecurity Center at CSU, San Bernardino
Los Angeles County Sanitation Districts
OACYS Technology
Porterville Chamber of Commerce
FOR MORE INFORMATION
Juan Carlos Martir, Legislative Aide
Office of Senator Melissa Hurtado
[email protected]
(916) 651-4016
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2022 Via E-mail
To: The Honorable Assembly Member Chris Holden
Chair, Assembly Appropriations Committee
1021 O Street, Suite 8220
Sacramento, CA 95814
Re: Senate Bill (SB) 265 (Hurtado) ––The Critical Infrastructure Cybersecurity Preparedness Act ––SUPPORT Dear Chair Holden,
The City of Lindsay is pleased to support SB 265 (Hurtado) which expands on previous work by requiring Cal-OES and Cal-CSIC to develop cybersecurity preparedness plans for California’s critical infrastructure sectors.
The City of Lindsay encompasses approximately 1,747 acres and is home to nearly 14,000 residents. Lindsay residents are 78% Latino and primarily agricultural workers. The City of Lindsay proudly supports measures that aim to increase cybersecurity protections.
Recent reports regarding various cybersecurity attacks in the education, health care, energy, and financial sectors have demonstrated that California’s critical infrastructure sectors are vulnerable to attack and suffer from a stark lack of cybersecurity preparedness. Research has continued to show an increase in the number of cyberattacks targeting critical infrastructure sectors. These cyberattacks are predominantly made up of phishing attempts and ransomware. Phishing attacks aim to steal a user’s login credentials, and ransomware locks a user out of a system until a fee is paid to regain access. Both provide intruders with access to technology systems, money, and sensitive data and information, and not only do they threaten California’s economy, but also the health and safety of Californians across the state. SB 265 aims to increase cybersecurity protections in all of California’s critical infrastructure sectors, including but not limited to, California’s emergency services sector, education sector, energy sector, financial services sector and healthcare sector. Additionally, SB 265 directs Cal-OES and CSIC to develop plans to increase outreach for cybersecurity preparedness, as well as identify potential funding sources that support efforts bolstering cybersecurity preparedness.
For these reasons, the City of Lindsay supports SB 265 (Hurtado) and respectfully asks for your AYE vote in the Senate Governmental Organization Committee.
Sincerely,
Hipolito A. Cerros
Mayor
Cc: Members, Assembly Emergency Management Committee
Senator Melissa Hurtado, Author
August 08, 2023 Regular Meeting of the Lindsay City Council
Senate Bill 577
State Fire Training Accessibility Act
Introduced, February 15, 2023
SUMMARY
SB 577 allows the State Fire Marshal to accept
additional funding sources for the California
Fire Service Training and Education Program.
The bill would make the same change relative
to the California Fire and Arson Training Act.
Permitting the State Fire Marshall to receive
additional funding sources for training
programs will help to mitigate rising fees for
those seeking fire training certification.
PROBLEM
California State Fire Training (SFT) provides
curriculum and certification to current fire
department, firefighters, and individuals
seeking a career in the fire service. These
courses meet or exceed National Fire
Protection Association and National Wildfire
Coordination Group standards. This training is
provided to over 23,000 paid and volunteer
firefighters every year.
When SFT was established, it only allowed for
user fees to recover the cost of staff, course
development and certification. Over the years
the fire service has become more professional
and certifications are now required for every
position in the fire service. To generate enough
revenue, fees needed to be raised by over
200% and in some cases 400%. This has
resulted in courses and certification becoming
unaffordable to volunteer firefighters and
individuals seeking entry level positions.
BACKGROUND
The California Fire Service Training and
Education) Division under the CAL FIRE – Office
of the State Fire Marshal provides an essential
need for a diverse California fire service. It is
responsible for rules and regulations, course
development, oversight of course delivery,
certification, instructor registration, evaluator
registration, and certification testing. This division
is vital to the fire service because it provides the
course curriculum for over 160 different courses
and 26 certification levels, including some
nationally accredited certifications.
In the era of climate change, the fire service is
regularly responding to mass conflagration
wildfires and the need for well-trained fire
personnel has never been greater. Central to
achieving this goal is making SFT courses both
accessible and affordable to all fire personnel,
especially the next generation of firefighters.
Historically, SFT has been able to provide these
services at a minimal cost to its users. However,
doing so in an increasingly complex and
expanding arena of fire protection has resulted in
funding shortfalls, requiring a significant increase
in their fees.
Solution
SB 577 allows the State Fire Marshal to accept
additional funding sources for the California Fire
Service Training and Education Program. The bill
would make the same change relative to the
California Fire and Arson Training Act. Given the
enormous risk of fire and other disasters that face
California, we must make SFT an affordable
solution for our paid and volunteer firefighters,
August 08, 2023 Regular Meeting of the Lindsay City Council
as well as students wishing to enter the fire
service. Permitting the State Fire Marshall to
receive additional funding sources for training
programs will help to mitigate rising fees for
those seeking fire training certification. The
financial obstacles the fee increases have
created for students and fire departments
demands a legislative solution.
FOR MORE INFORMATION
Harrison Pardini, Legislative Aide
Office of Senator Melissa Hurtado
[email protected]
(916) 651-4016
August 08, 2023 Regular Meeting of the Lindsay City Council
Economic Equity Statement
When the State Fire Training (SFT) program was established in California, it relied on user fees to recover the cost of staff, course development and certification. Over the years the fire service has become more professional and certifications are now required for every position in the fire service. To generate enough revenue, fees needed to be raised by over 200% and in some cases 400%. This sharp rise in costs has resulted in courses and certification becoming unaffordable to volunteer firefighters and individuals seeking entry level positions.
SB 577 allows the State Fire Marshal to accept additional funding sources for the California Fire Service Training and Education Program. The bill would make the same change relative to the California Fire and Arson Training Act. Senate Bill 577 aims to address the escalating costs of fire training programs, and ensure that individuals who were priced out of the fire service are afforded equitable opportunities. By mitigating the financial burden associated with fire training and certification, this bill seeks to foster accessibility to this field regardless of an individual’s financial situation.
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2022 Via E-mail
To: The Honorable Assembly Member Chris Holden
Chair, Assembly Appropriations Committee
1021 O Street, Suite 8220
Sacramento, CA 95814
Re: Senate Bill 231 (Hurtado) ––Dept. of Water Resources: Water Supply Forecasting ––SUPPORT Dear Chair Holden,
The City of Lindsay is pleased to support SB 577 (Hurtado) which would allow the State Fire Marshal to accept additional funding sources for the California Fire Service Training and Education Program. The bill would make the same change relative to the California Fire and Arson Training Act. Permitting the State Fire Marshall to receive additional funding sources for training programs will help to mitigate rising fees for those seeking fire training certification.
The City of Lindsay encompasses approximately 1,747 acres and is home to nearly 14,000 residents. Lindsay residents are 78% Latino and primarily agricultural workers. The City of Lindsay proudly supports measures that aim to increase funding for fire personnel training.
California State Fire Training (SFT) provides curriculum and certification to current fire department firefighters, and individuals seeking a career in the fire service. Over the years the fire service has become more professional, and certifications are now required for every position in the fire service. To generate enough revenue, fees needed to be raised by over 200% and in some cases as high as 400%. This has resulted in courses and certification becoming unaffordable to volunteer firefighters and for individuals seeking entry level positions. SB 577 allows the State Fire Marshal to accept additional funding sources for the California Fire Service Training and Education Program. The bill would make the same change relative to the California Fire and Arson Training Act. Due to the enormous risk of fire and other disasters that face California, we must make State Fire Training an affordable solution for our paid and volunteer firefighters, as well as students wishing to enter the fire service.
For these reasons, the City of Lindsay supports SB 577 (Hurtado) and respectfully asks for your AYE vote in the Senate Committee on Appropriations.
Sincerely,
Hipolito A. Cerros
Mayor
Cc: Members, Senate Committee on Appropriations
Senator Melissa Hurtado, Author
August 08, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Ryan Heinks, Public Safety Lieutenant
DEPARTMENT: Public Safety
ITEM NO.: 11.5
MEETING DATE: August 08, 2023
ACTION & RECOMMENDATION
Consider Approval of Resolution 23-31, A Resolution of the City Council of the City of Lindsay Superseding Resolution No. 22-45, Clarifying Language within the Resolution Relative to the Authorization of Overtime and Portal to Portal Pay for Employees Providing Mutual Aid Responses Under the Approved California Fire Assistance Agreement.
It is recommended that the City Council approve the Governing Body Resolution No. 23-31 attached to this report. This agreement was entered into between the City of Lindsay and the California Office of Emergency Services in 2022 and this Resolution seeks to continue that agreement and clarify certain language from the prior year.
BACKGROUND | ANALYSIS
On July 26, 2023, the Lindsay City Council passed and adopted Resolution No. 22-45 identifying and approving the terms and conditions for mutual aid under the California Fire Assistance Program. In compliance with the Agreement for Local Government Fire and Emergency Assistance to the State of California and Federal Agencies, known as the California Fire Assistance Agreement (CFAA), the Lindsay Department of Public Safety must have on file a Governing Body Resolution identifying the terms and conditions for fire department response away from their official duty station in support of mutual aid requests.
If the City does not have a Governing Body Resolution on file with the CFAA, the City of Lindsay will not be reimbursed for such mutual aid for all future fire incident assistance. Member agencies of the CFAA include the California Department of Forestry and Fire Protection, California Bureau of Land Management, California Bureau of Indian Affairs, USDA Forest Service, National Park Service, California Department of Fish and Wildlife.
Mutual Aid is covered by the State’s Master Mutual Aid Agreement, and Resolution No. 23-31 simply allows the city to recover all the costs associated with sending equipment and personnel out of the City, instead of being liable for about 33% of the cost. This Resolution does not mandate that the City send resources when called, as we can still refuse based on the needs of the City and its residents.
August 08, 2023 Regular Meeting of the Lindsay City Council
Resolution No. 23-31 identifies and makes the following findings listed below:
1. Identifies the terms and conditions for reimbursement under the California Fire Assistance Agreement when the Lindsay Department of Public Safety- Fire Services Division is assigned to an emergency incident as recognized in the California Fire Assistance Agreement; and
2. Finds that personnel shall be compensated according to a Memorandum of Understanding, Personnel Rules and Regulations, and/or another directive that identifies personnel compensation in the workplace; and
3. Finds that in the event a personnel classification does not have an assigned compensation rate, a “Base Rate” as set forth in an organizational policy, administrative directive or similar document will compensate such personnel; and
4. Finds that the Lindsay Fire Department will maintain a current salary survey or acknowledgement of acceptance of the “Base Rate” on file with the California Governor’s Office of Emergency Services, Fire Rescue Division; and
5. Finds that fire suppression personnel and non-fire suppression personnel will be compensated (portal to portal) beginning at the time of dispatch to the return to their official duty station when equipment and personnel are in service and available for agency response; and
6. Finds that fire department response personnel include: Fire Chief, Deputy Chief, Assistant Chief, Division Chief, Battalion Chief, Fire Captain, Lieutenant, Engineer/Apparatus Operator, Firefighter.
7 The Department of Public Safety staff respectfully recommends that the City Council pass and adopt Resolution No. 23-31.
FISCAL IMPACT
Resolution No. 23-31 enables full (Portal to Portal) reimbursement under the terms and conditions of the California Fire Assistance Agreement. Without the Resolution, the City of Lindsay will not be reimbursed for all recognized mutual aid costs.
ATTACHMENTS
• CalOES Salary Survey
• Resolution No. 22-45
• Resolution No. 23-31
August 08, 2023 Regular Meeting of the Lindsay City Council
Printed Date: 07/24/2023 13:53
California Governor’s Office of Emergency Services (Cal OES) - Fire and Rescue Division
SALARY SURVEY
for
AGREEMENT FOR LOCAL GOVERNMENT FIRE AND EMERGENCY ASSISTANCE TO
THE STATE OF CALIFORNIA AND FEDERAL FIRE AGENCIES
(California Fire Assistance Agreement)
Start Date:07/20/2023 End Date: Status: Reviewed
Agency 3-Letter MACS I.D.: Agency / Department Name:
LNS Lindsay Fire Department
All information provided on this form is subject to audit by Cal OES, CAL FIRE, and the Federal Fire Agencies signatory to the California Fire Assistance Agreement. The chart below reflects the hourly Salary Rate, or Base Rate submitted for each classification used by your agency.
Classification Title Base Rates Are you Utilizing the
Base Rate?
Are you adding
WC/UI? Salary Rate (ST)
Chief $34.59 Yes No $34.59
Deputy Chief $34.59 Yes No $34.59
Division Chief $34.59 Yes No $34.59
Assistant Chief $34.59 Yes No $34.59
Battalion Chief $34.59 No No $55.82
Co. Officer/Capt./Lt. $27.77 No No $43.05
App. Officer/Eng $27.77 No No $35.36
Firefighter/FF-PMedic $27.77 No No $32.12
NOTE: These rates are not effective until the date they are received by Cal OES. What is reported on this form constitutes direct salary costs for employees.
As an authorized representative of my agency/dept., I certify to the best of my knowledge and belief, and under penalty of perjury that this information is correct. Furthermore, my signature below represents acceptance by my agency/dept., as a cooperator, to comply with the authorities, terms and conditions of the CFAA. I also agree to comply with all cooperator agency internal accounting and expense reimbursement standards.
Name Authorized Representative Date
Nicholas Nave 07/20/2023
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-31
NUMBER 23-31
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY SUPERSEDING RESOLUTION NO. 22-45, CLARIFYING LANGUAGE
WITHIN THE RESOLUTION RELATIVE TO THE AUTHORIZATION OF
OVERTIME AND PORTAL TO PORTAL PAY FOR EMPLOYEES
PROVIDING MUTUAL AID RESPONSES UNDER THE APPROVED
CALIFORNIA FIRE ASSISTANCE AGREEMENT
At a regularly scheduled meeting of the City of Lindsay City Council held on August 08, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the Lindsay Fire Department is a public agency located in the County of Tulare, State of California, and
WHEREAS, it is the City of Lindsay’s desire to provide fair and legal payment to all its employees for time worked; and
WHEREAS, the Lindsay Fire Department has in its employ, Fire department response personnel including: Fire Chief, Deputy Chief, Assistant Chief, Division Chief, Battalion Chief, Fire Captain, Lieutenant, Engineer, Apparatus Operator, Firefighter; and WHEREAS, the Lindsay Fire Department will compensate its employees portal to portal while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and
WHEREAS, the Lindsay Fire Department will compensate its employees overtime in accordance with their current Memorandum of Understanding while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Personnel shall be compensated according to Memorandum of Understanding (MOU), Personnel Rules and Regulations, and/or other directive that identifies personnel compensation in the workplace.
SECTION 2. In the event a personnel classification does not have an assigned compensation rate, a “Base Rate” as set forth in an organizational policy, administrative directive or similar document will serve to compensate such personnel.
August 08, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-31
SECTION 3. The fire department will maintain a current salary survey or acknowledgement of acceptance of the “base rate” on file with the California Governor’s Office of Emergency Services, Fire Rescue Division.
SECTION 4. Personnel will be compensated (portal to portal) beginning at the time of dispatch to the return to the official duty station when equipment and personnel are in service and available for agency response.
SECTION 5. Fire department response personnel include: Fire Chief, Deputy Chief, Assistant Chief, Division Chief, Battalion Chief, Fire Captain, Lieutenant, Engineer/Apparatus/Equipment Operator, Firefighter.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE August 08, 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
August 08, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 11.6
MEETING DATE: August 08, 2023
ACTION & RECOMMENDATION
Consider the Approval of Resolution No. 23-32, A Resolution of the City Council of the City of Lindsay, California Declaring the Properties at 100 East Honolulu Street (APN 205-236-014), 122 East Honolulu Street (APN 205-236-013), and 190 South Elmwood Avenue (APN 205-236-020), all in Lindsay California 93247 to be Surplus Property.
City staff recommends that the City Council pass and adopt Resolution No. 23-32, so that Staff may begin the Surplus Property declaration process in accordance with California State Law.
BACKGROUND | ANALYSIS
At the July 11, 2023, Regular Meeting of the Lindsay City Council, the City Council discussed the downtown properties currently owned by the City of Lindsay and directed City Staff to declare the properties located at 100 East Honolulu Street, 122 East Honolulu Street, and 190 South Elmwood Avenue in the Lindsay downtown area as surplus property.
Therefore, City Staff has begun the process to declare the land as surplus property. A summary of said process is outlined below.
• Lindsay City Council adopts a Resolution declaring the properties surplus. • City prepares Notices of Availability (NOA) under Surplus Land Act and submits the NOAs to eligible government agencies and housing sponsors. More than one hundred entities will receive the NOAs.
• If none of the notified parties respond to the NOA within sixty (60) days of distribution, the City may negotiate with private parties for the sale of the properties. • If one of the notified parties expresses interest in one of the properties, the City is obligated to negotiate in good faith up to ninety (90) days with that party. • Prior to execution of one or more Purchase & Sale Agreements (PSAs) for the properties, the City must submit required information, including copies of draft PSAs, to Housing and Community Development (HCD) for review and approval. HCD will have thirty (30) days to respond. • The City may execute the PSAs once HCD approves the sales. • Prior to the close of escrow, an Affordability Covenant must be recorded against each of the properties to satisfy SLA requirements. The Covenant will state that if more than ten residential units are developed, not less than fifteen percent of the units must be sold or rented at affordable August 08, 2023 Regular Meeting of the Lindsay City Council
housing costs. The Covenant is required regardless of how the properties are zoned and whether ten units may be developed on each of the properties.
FISCAL IMPACT
No fiscal impact associated with this action at this time.
ATTACHMENTS
• Resolution No. 23-32 with Exhibits
August 08, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-32
NUMBER 23-32
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY, CALIFORNIA DECLARING THE PROPERTIES AT 100 EAST
HONOLULU STREET (APN 205-236-014), 122 EAST HONOLULU
STREET (APN 205-236-013), AND 190 SOUTH ELMWOOD AVENUE
(APN 205-236-020), ALL IN LINDSAY CALIFORNIA 93247 TO BE
SURPLUS PROPERTY
At a regularly scheduled meeting of the City of Lindsay City Council held on August 08, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City of Lindsay (“City”) owns the properties located at 100 East Honolulu Street (APN 205-236-014), 122 East Honolulu Street (APN 205-236-013), and 190 South Elmwood Avenue (APN 205-236-020), all in Lindsay California 93247 (“Properties”); and WHEREAS, the legal description of the property located at 100 East Honolulu Street (APN 205- 236-014) is attached hereto as Exhibit “A”, the legal description of the property located at 122 East Honolulu Street (APN 205-236-013) is attached hereto as Exhibit “B”, and the legal description of the property located at 190 South Elmwood Avenue (APN 205-236-020) is attached hereto as Exhibit “C,” which are incorporated herein by reference; and
WHEREAS, the Properties are currently vacant and do not currently serve a purpose for the public.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lindsay hereby declares the Properties to be surplus.
RESOLVED FURTHER, the City Manager or their designee are hereby authorized and directed to send a written offer (“Surplus Property Notice”) to sell or lease the Property to those public agencies identified in Government Code Section 54222.
RESOLVED FURTHER, the City Manager or their designee shall, in accordance with surplus property provisions of the Government Code, negotiate the terms of sale or lease of the Property with any public agency that responds to the Surplus Property Notice and expresses an interest in the properties.
RESOLVED FURTHER, if no agency or entity that receives the Surplus Property Notice desires to purchase or lease the Properties or if the City is unable to successfully negotiate a sale or lease with an interested agency or entity, the City Manager or their designee is hereby authorized and directed to negotiate the sale of the Properties to one or more private parties.
August 08, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-32
RESOLVED FURTHER, the City Manager or their designee are directed to provide the Council, for its review and approval, those terms that the City Manager or their designee negotiates in accordance with this Resolution.
RESOLVED FURTHER, the Properties will not be sold or leased until applicable terms are approved by the City Council.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE August 08, 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
August 08, 2023 Regular Meeting of the Lindsay City Council
Exhibit “A”
Legal Description of Property Located at 100 East Honolulu Street Lindsay, California (APN 205-236-014)
The Westerly 25 feet of Lots 30, 31 and 32 in Block 16 of the City of Lindsay, County of Tulare, State of California, as per Map recorded in Book 2, Page 91 of Maps, in the Office of the County Recorder of said County.
August 08, 2023 Regular Meeting of the Lindsay City Council
Exhibit “B”
Legal Description of Property Located at 122 East Honolulu Street Lindsay, California (APN 205-236-013)
Parcel 1
The Easterly 50 feet of the Westerly 75 feet of Lots 30, 31 and 32 and the Westerly 75 feet of Lots 27, 28 and 29 in Block 16 of the City of Lindsay, in the County of Tulare, State of California as per Map recorded in Book 17 of Maps, Page 57.
Parcel 2
An easement for an alleyway over the Southerly 12 feet of the Easterly 75 feet of Lot 27 in Block 16, in the City of Lindsay, as per Map recorded in Book 17 of Maps, Page 57 in the Office of the County Recorder of said County, as granted to W Roy Bledsoe and Kate B Bledsoe, husband and wife, as joint tenants, by Deed recorded December 22, 1939 in Book 882. Page 17 of Official Records, Document No 18133.
August 08, 2023 Regular Meeting of the Lindsay City Council
Exhibit “C”
Legal Description of Property Located at 190 South Elmwood Avenue Lindsay, California (APN 205-236-020)
Lots 17 through 22, inclusive in Block 16 of the City of Lindsay, County of Tulare, State of California, as per map recorded in Book 17, Page 57 of maps in the Office of the County Recorder of Tulare County.
August 08, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Neyba Amezcua, Director of City Services & Planning Mari Carrillo, Human Resources Manager
DEPARTMENT: City Services & City Manager
ITEM NO.: 11.7
MEETING DATE: August 08, 2023
ACTION & RECOMMENDATION
Consider the Minute Order Approval of Amended Job Title, Job Description, and Job Classification for the City Services Deputy Director Job Position.
City Staff recommends that the City Council approve amending the job title, job description, and job classification for what is currently the City Services Assistant Director job position so that Staff may begin the recruitment process under the amended title, description, and class of Deputy Director of City Services.
BACKGROUND | ANALYSIS
The City Services Deputy Director is a full-time, mid-management, exempt, position who will work under the direction of the Director of City Services & Planning. The City plans to begin recruitment efforts for a City Services Deputy Director immediately upon approval of this item by the City Council.
The essential duties and responsibilities of the City Services Deputy Director include, but are not limited to:
• Performs a variety of complex engineering and planning, supervisory, administrative, and professional work.
• Serves as a Project Manager, organizing, directing, and supervising the City Services Department projects, facilities, and programs.
• Oversees environmental, transit, water, sewer, storm drain, street programs, traffic controls, lighting, parks, and open spaces.
• Supervises department administration, managers, support staff, clerical, and maintenance as assigned.
• Oversees the development or update of the City Transportation Improvement Program (T.I.P.), Comprehensive Sewer Plan, Comprehensive Water Plan, Capital Improvement Program, and other plans involving the municipal infrastructure.
• Oversees the preparation of engineering plans and specifications, bidding, competency of contractors and vendors, and the selection criteria for public contracts.
August 08, 2023 Regular Meeting of the Lindsay City Council
Benefits associated with the mid-management position are the following: 10 Vacation Days, 10 Days Mid-Management Leave, 13 Holidays, 10 Sick Leave days, 100% Employee Only Medical, Dental, and Vision Plans, Life Insurance, Cal Pers Retirement (Classic and PEPRA tiers depending on hire date) Deferred Comp City Match (Up to 6%), Aflac and Cafeteria Plan. Please refer to the Human Resources page on the City of Lindsay Website for further benefit details.
It is the policy of the City of Lindsay to screen for any potential conflicts of interest in the recruitment process and adequately mitigate against the appearance of any bias, real or perceivable.
As a mid-management level job position, said position is subject to the provisions within City Council Resolution No. 22-60 authorizing the wage and related benefits for employees of the mid-management group.
FISCAL IMPACT
The fiscal impact for the City Services Deputy Director will be the difference between what it is currently funded at under the City Services Assistant Director classification and what it is proposed to be funded at under the City Services Deputy Director. A summary of the approximate fiscal impact should this item be approved is below.
Tier 1 (hired before July 01, 2018)
• Increase of approximately $38,729.60 per year in salary and benefits.
Tier 2 (hired after July 01, 2018)
• Increase of approximately $24,731.20 per year in salary and benefits.
The salary and benefits for this position will be sourced from the following funds: 25% from 101-General Fund; 12% from 261-Gas Tax; 12% from 263-Transportation Fund; 20% from 552-Water Fund; 16% from 553-Sewer Fund; 13% from 554-Refuse Fund; and 3% 556-VitaPakt Fund.
ATTACHMENTS
• City Services Deputy Director Job Description
August 08, 2023 Regular Meeting of the Lindsay City Council
City of Lindsay
Job Description
City Services Deputy Director
Class Title: City Services Deputy
Director
Salary: Tier 1: $34.80 - $46.63 Hourly
Tier 2: $34.80 - $42.78 Hourly
Department: City Services Step Range: 1-7
Location: 150 N. Mirage. Lindsay,
CA. 93247
Status: Full-time/ Exempt
Date: MM/DD/YYYY Union: Mid-Management
GENERAL PURPOSE: Performs a variety of complex engineering, planning, supervisory, administrative, and professional work. Serves as a Project Manager, -, organizing, directing, and supervising the City Services Department, including environmental, transit, water, sewer, storm drain, street programs, traffic controls, lighting, parks, and open spaces and other public works projects, facilities, and programs.
SUPERVISION RECEIVED: Works under the broad policy guidance and direction of the City Services & Planning Director.
SUPERVISION EXERCISED: Exercises supervision over clerical, administrative, maintenance, professional staff and consultants as assigned.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Supervises department managers and department support staff, either directly or through subordinates.
• Determines work procedures, prepares work schedules, and expedites workflow. • Issues written and oral instructions. Assigns duties and examines work for exactness, neatness, and conformance to policies and procedures.
• Studies and standardizes department policies and procedures to improve the efficiency and effectiveness of operations.
• Maintains harmony among workers and resolves grievances. • Prepares composite reports from individual reports of subordinates. • Addresses errors and complaints.
• Assists with the preparation and documents budget requests; administers adopted budget in assigned area of responsibility.
• Plans, organizes, coordinates, supervises, and evaluates programs, plans, services, staffing, equipment, and infrastructure of the City Services & Planning Department. • Evaluates public works needs and formulates short- and long-range plans to meet needs in all areas of responsibility, including transit, water, sewer, storm drain, street programs, traffic controls, lighting, parks and open spaces, and other public works projects, facilities, and programs.
• Supervises the review of private project development plans for compliance with codes, regulations, and standards, adequacy of applications for permits, and compliance with approved plans.
August 08, 2023 Regular Meeting of the Lindsay City Council
City of Lindsay
Job Description
City Services Deputy Director
• Oversees the development or update of the City Transportation Improvement Program (T.I.P.), Comprehensive Sewer Plan, Comprehensive Water Plan, Capital Improvement Program, and other plans involving the municipal infrastructure. • Determines applicable codes, regulations, and requirements for assigned projects. • Oversees the preparation of engineering plans and specifications, bidding, competency of contractors and vendors, and the selection criteria for public contracts. • Oversees project management for the construction of municipal public works projects.
Oversees assigned projects to ensure contractor compliance with time and budget parameters for the project.
• Coordinates the preparation of reviews and updates of the sanitary sewer, water, storm drainage, and street system maps, database, and comprehensive plans. • Oversees the maintenance of infrastructure and other records. • Responds to public or other inquiries relative to department policies and procedures.
Evaluates issues and options regarding municipal public works and make recommendations.
• Maintains regular contact with consulting engineers, construction project engineers, City, County, State, and Federal agencies, professional and technical groups, and the general public regarding department activities and services. Monitors inter-governmental actions affecting public works.
• Other duties as assigned.
PERIPHERAL DUTIES: Assists in the training of city personnel in city services systems and techniques.
DESIRED MINIMUM QUALIFICATIONS:
Education and Experience:
(A) Graduation from a four-year college or university with a degree in civil engineering, public administration, or a closely related field; and
(B) Minimum of five years of previous public works experience including at least two years utilities; or
(C) Any equivalent combination of education and experience.
Necessary Knowledge, Skills, and Abilities:
(A) Considerable knowledge of civil engineering principles, practices, and methods as applicable to a municipal setting; thorough knowledge of applicable City policies, laws, and regulations affecting Department activities;
(B) Skill in operating the listed tools and equipment;
(C) Ability to communicate effectively, orally and in writing, with employees, consultants, other governmental agency representatives, City officials, and the general public; (D) Ability to conduct necessary engineering research and compile comprehensive reports.
August 08, 2023 Regular Meeting of the Lindsay City Council
City of Lindsay
Job Description
City Services Deputy Director
SPECIAL REQUIREMENTS: (A) Must possess a valid State driver's license or have the ability to obtain one before employment;(B) Registration as a Professional Engineer is desired.
TOOLS AND EQUIPMENT USED: Personal computer, including word processing, spreadsheet, and database; motor vehicle; phone; radio; fax and copy machine; AutoCAD & Geographic information System (GIS).
PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. Work is performed mostly in office settings. Some outdoor work is required in the inspection of various land use developments, construction sites, or public works facilities.
Hand-eye coordination is necessary to operate computers and various pieces of office equipment.
While performing the duties of this job, the employee is occasionally required to stand; walk; use hands to finger, handle, feel, or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; talk or hear; and smell. The employee must occasionally lift and/or move up to 40 pounds.
Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.
WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounter while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. While performing the duties of this job, the employee occasionally works in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions, or airborne particles. The noise level in the work environment is usually quiet in the office, and moderate in the field.
SELECTION GUIDELINES & APPLICATION PROCESS: A formal employment application and resume must be submitted. A resume may not be summitted in lieu of a completed application.
Rating of education and experience; an oral interview, and a reference check; job-related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change.
The appointment is subject to successfully passing a pre-employment physical, live-scan, background, and criminal history check. Before starting work, applicants must present August 08, 2023 Regular Meeting of the Lindsay City Council
City of Lindsay
Job Description
City Services Deputy Director
documentation of their identity, authorization to work in the United States, and a DMV driving record. Following the appointment, a 12-month probationary period may be required as the final phase of the appointment process.
BENEFITS: MID-MANAGEMENT –10 Vacation Days, 10 Days Mid-Management Leave, 13 Holidays, 10 Sick Leave days, 100% Employee Only Medical, Dental, and Vision Plans, Life Insurance, Cal Pers Retirement (Classic and PEPRA tiers depending on hire date) Deferred Comp City Match (Up to 6%), Aflac and Cafeteria Plan. Please view the City of Lindsay’s website Human Resource page for further benefit details.
August 08, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-33
NUMBER 23-33
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY AFFIRMING THE CITY MANAGER’S AUTHORITY TO ENTER INTO
AND EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) BY
AND BETWEEN THE CITY OF LINDSAY AND THE LINDSAY CITY
EMPLOYEES’ ASSOCIATION
At a regularly scheduled meeting of the City of Lindsay City Council held on August 08, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City of Lindsay negotiated in good faith with the Lindsay City Employees Miscellaneous Bargaining Unit represented by the Service Employees International Union to adopt a mutually agreed upon Memorandum of Understanding (MOU) attached hereto as Exhibit “A”; and
WHEREAS, the provisions of the Memorandum of Understanding (MOU) will commence on the date in which said document is signed by all parties, thus considered fully executed, and will remain in effect until December 31, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. The Lindsay City Council hereby affirms the City Manager’s authority to sign the Memorandum of Understanding (MOU) on behalf of the City as the City authorized representative.
SECTION 3. This Resolution is effective immediately upon its adoption.
August 08, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-33
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE August 08, 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
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
August 08, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Shelline Bennett, Liebert Cassidy Whitmore
DEPARTMENT: City Attorney
ITEM NO.: 11.9
MEETING DATE: August 08, 2023
ACTION & RECOMMENDATION
Consider Minute Order Approval of Amendments and Revisions to the City Lindsay Personnel Rules and Regulations.
BACKGROUND | ANALYSIS
Based on legal review of the City of Lindsay Personnel Rules and Regulations (“Personnel Rules”), the City proposes that the City Council consider approval of updated Personnel Rules, which are attached to this report. Proposed modifications include but are not limited to the following: verbiage clean up to ensure compliance with all applicable laws and regulations, probationary period, hours of work, leaves, disciplinary procedures, and miscellaneous rules.
Recognized employee union groups were provided with the draft modifications to the Personnel Rules and allowed opportunity for input and meet and confer; following the same, the updated Personnel Rules now come to the City Council for approval consideration.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
• City of Lindsay Personnel Rules and Regulations – Redline Copy August 08, 2023 Regular Meeting of the Lindsay City Council
City of Lindsay Personnel Rules and Regulations
Formatted: Different first page header
Formatted: No underline
Formatted: Font: 20 pt, No underline
August 08, 2023 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
2 TABLE OF CONTENTS
RULE 1 MERIT PERSONNEL SYSTEM 1-1
Section 1.1 Purpose 1-1
Section 1.2 Personnel System Organization 1-1
Section 1.3 Merit Employment Policy 1-1
Section 1.4 Intent of the Personnel System 1-1
Section 1.5 Prior Polices Repealed 1-2
Section 1.6 Priority of Collective Bargaining Agreements 1-2 Section 1.7 Terms of Personnel Manual 1-2
Section 1.8 Non-Discrimination 1-2
Section 1.9 Application of Personnel Rules and Regulations 1-2 Section 1.10 Violations of Rule and Regulations 1-3
Section 1.11 Employee Responsibility 1-3
Section 1.12 Administrative-Department Policies and Procedures 1-3 Section 1.13 Distribution of Personnel Policies 1-3
Section 1.14 No Contract Created 1-3
Section 1.15 Severability Clause 1-3
RULE 2 DEFINITION OF TERMS 2-1
Section 1.1 Definition of Terms 2-1
Section 2.2 Construction In General 2-6
Section 2.3 Prohibited Acts Include Causing or Permitting 2-6 Section 2.4 Reference to Rules Includes Amendments 2-7
Section 2.5 “Shall” and “May” 2-7
RULE 3 GENERAL PROVISION 3-1
Section 3.1 Fair Employment 3-1
Section 3.2 Violation of Rules and Regulations 3-1
Section 3.3 Amendment and Revision of Rules and Regulations 3-1 RULE 4 CLASSIFICATIONS 4-1
Section 4.1 Purpose 4-1
Section 4.2 Classification Plan 4-1
Section 4.3 Administration 4-1
Section 4.4 Classification of Position 4-1
Section 4.5 Classification of New Positions 4-1
Section 4.6 Reclassification 4-1
Section 4.7 Job Descriptions (Specifications) 4-2
Section 4.8 Vacancies 4-3
Section 4.9 Evaluations 4-3
RULE 5 COMPENSATION 5-1
Section 5.1 Preparation of Salary and Wage Plan 5-1
Section 5.2 Adoption and Application of Plan 5-1
Formatted: Title
August 08, 2023 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
3 Section 5.3 New Employees 5-1
Section 5.3.1 Advancement Within Salary Range 5-1
Section 5.3.2 Special Salary Adjustments 5-1
Section 5.3.3 Applicable Pay Rates 5-1
Section 5.4 Deductions 5-2
Section 5.4.1 Deductions Required by Law and Contracts 5-2 Section 5.4.2 Written Authorization From Employee 5-2
Section 5.4.3 Claims 5-2
Section 5.5 Salary Adjustment 5-2
Section 5.6 “Acting” Capacity 5-2
Section 5.7 Terminal Pay 5-3
Section 5.7.1 Employees’ Death 5-3
Section 5.7.2 City Property 5-3
RULE 6 APPLICATIONS AND APPLICANTS 6-1
Section 6.1 Employment Standards 6-1
Section 6.2 Applications 6-1
Section 6.3 Application Filing 6-1
Section 6.3.1 Character 6-1
Section 6.3.2 Physical and Psychiatric Examination 6-1
Section 6.3.3 Credit Rating 6-1
Section 6.3.4 Residency 6-2
Section 6.4 Standards – Operations of Motor Vehicle 6-2 Section 6.4.1 Personal Integrity 6-2
Section 6.4.2 Dependability 6-2
Section 6.5 Disqualification of Applicant 6-2
RULE 7 EXAMINATIONS AND ELIGIBLE LIST 7-1
Section 7.1 Conduct of Examinations 7-1
Section 7.2 Nature and Types of Examinations 7-1
Section 7.2.1 Continuous Examinations 7-1
Section 7.2.2 Promotional Examinations 7-1
Section 7.3 Scoring Examinations and Qualifying Scores 7-1 Section 7.4 Notice of Examination Results 7-1
Section 7.5 Establishment of Eligible List 7-2
Section 7.5.1 Duration of List 7-2
Section 7.5.2 Re-Employment List 7-2
Section 7.6 Removal of Name From List 7-2
RULE 8 APPOINTMENTS 8-1
Section 8.1 Types of Appointments 8-1
Section 8.2 Request to Fill Vacancy 8-1
Section 8.3 Method of Appointment 8-1
Section 8.4 Reinstatement 8-1
Section 8.5 Re-employment After Lay-Off 8-1
Section 8.6 Transfer 8-1
Section 8.7 Demotion 8-2
Section 8.8 Nepotism 8-2
August 08, 2023 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
4 Section 8.9 Temporary or Part-Time Appointments 8-2
Section 8.10 Officer of Employment 8-2
Section 8.11 Fingerprints 8-2
Section 8.12 Medical Examination 8-2
Section 8.13 Driver’s License and Driving Record 8-3
Section 8.14 Employment Oath 8-3
Section 8.15 Identification Cards 8-3
Section 8.16 Keys 8-4
Section 8.17 Other City Property 8-4
RULE 9 PROBATIONARY PERIOD 9-1
Section 9.1 Purpose 9-1
Section 9.2 Duration of Probationary Period 9-1
Section 9.3 Successful Completion of Probationary Period 9-1 Section 9.4 Rejection of Probationer 9-1
Section 9.5 Rejection Following Promotion 9-1
Section 9.6 Promotion, Demotion, and Transfer Probationary Period 9-1 Section 9.7 Re-employment and Reinstatement Probationary 9-1 Section 9.8 Interrupted Probationary Period 9-2
Section 9.9 Extension of Probationary Period 9-2
RULE 10 HOURS OR WORK; OVERTIME; HOLIDAYS 10-1
Section 10.1 Hours of Work 10-1
Section 10.2 Attendance 10-1
Section 10.3 Holiday s 10-1
Section 10.3.1 Paid Holiday 10-1
Section 10.3.2 Holiday Falling on Weekend 10-1
Section 10.3.3 Overtime Compensation for Holidays Worked 10-1 Section 10.3.4 Employee Request 10-2
Section 10.4 Overtime 10-2
Section 10.5 Compensatory Time Off 10-2
Section 10.5.1 Supervisor Approval Required Before Work 10-2 Section 10.5.2 Accrual Rate 10-2
Section 10.5.3 Employee Requests to Use CTO 10-2
Section 10.5.4 City Cash Out 10-2
Section 10.5.5 Employee Cash Out 10-2
Section 10.6 General Overtime Policy 10-3
Section 10.7 Employees Responsibility 10-3
Section 10.8 Supervisors Responsibility 10-3
Section 10.9 Accounting for Overtime Worked 10-3
Section 10.10 Accounting for Portions of an Hour 10-3
Section 10.11 Variations in Time Reported 10-3
Section 10.12 Off-Duty Employment 10-3
RULE 11 LEAVE OF ABSENCE 11-1
Section 11.1 Vacation Leave of Employee 11-1
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5 Section 11.1.1 When Vacation Leave is Earned 11-1
Section 11.1.2 Effect of Holiday on Vacation Leave 11-1 Section 11.1.3 Changing Vacation Leave to Sick Leave 11-1 Section 11.2 Sick Leave 11-1
Section 11.2.1 Accrual of Sick Leave 11-2
Section 11.2.2 When Right to Take Sick Leave Begins 11-2 Section 11.2.3 Use of Sick Leave 11-2
Section 11.2.4 Return to Employment After Sick Leave 11-2 Section 11.3 Medical Leave 11-2
Section 11.4 On Duty Injuries 11-3
Section 11.4.1 Pay 11-3
Section 11.4.2 Accumulated Sick Leave 11-3
Section 11.5 Injuries Requiring Medical Care 11-3
Section 11.6 Liability for Failure to Comply 11-3
Section 11.7 Accident Defined 11-3
Section 11.8 Employee’s Responsibility 11-3
Section 11.9 Supervisor’s Responsibility 11-4
Section 11.10 Department Head’s Responsibility 11-4
Section 11.11 Injuries Requiring No Medical Attention 11-4 Section 11.12 Injury Caused by Other 11-5
Section 11.13 No Settlement Without Prior Approval 11-5 Section 11.14 Leaves of Absence Due to Family Death of Family Member 11-5 Section 11.14.1 Immediate Family 11-5
Section 11.14.2 Other Than Immediate Family 11-5
Section 11.14.3 Timesheet 11-5
Section 11.15 Jury Leave – Notice 11-5
Section 11.15.1 Pay 11-6
Section 11.15.2 Without Pay 11-6
Section 11.15.3 Partial Pay 11-6
Section 11.16 Military Leave 11-6
Section 11.17 Statement of Policy 11-6
Section 11.17.1 Definitions 11-6
Section 11.17.2 Reasons for Leave 11-9
Section 11.17.3 Employees Eligible for Leave 11-10
Section 11.17.4 Amount of Leave 11-10
Section 11.17.5 Employee Benefits While on Leave 11-11
Section 11.17.6 Substitution of Paid Accrued Leaves 11-11 Section 11.17.7 Medical Certification 11-12
Section 11.17.8 Employee Notice of Leave 11-13
Section 11.17.9 Reinstatement Upon Return From Leave 11-14 Section 11.18 Authorized Leave of Absence Without Pay 11-14 Section 11.18.1 Return From Leave 11-14
Section 11.19 Pregnancy Disability Leave 11-14
Section 11.19.1 Notice & Certification Requirements 11-14 Section 11.19.2 Compensation During Leave 11-15
Section 11.19.3 Benefits During Leave 11-15
Section 11.19.4 Reinstatement 11-16
Section 11.20 Unauthorized Leave of Absence 11-16
Section 11.21 Deduction 11-16
Section 11.22 Sick Leave Donations 11-16
Section 11.23 Leave Requests 11-16
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CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
6 Section 11.24 Temporary and Part Time Employees Not Eligible 11-17 RULE 12 TRANSFER AND DEMOTION 12-1
Section 12.1.1 Involuntary Transfer 12-1
Section 12.1.2 Voluntary Transfer 12-1
Section 12.2 Demotion 12-1
RULE 13 SEPARATION FROM SERVICE 13-1
Section 13.1 Abandonment of Position 13-1
Section 13.2 Disciplinary Action 13-1
Section 13.3 Layoff 13-1
Section 13.3.1 Statement of Intent 13-1
Section 13.3.2 Notification 13-1
Section 13.3.3 Order of Layoff 13-1
Section 13.3.4 Re-employment Rights for Laid-off Employees 13-2 Section 13.4 Resignation 13-2
Section 13.5 Disability 13-2
Section 13.6 Retirement 13-3
Section 13.7 Death of Employee 13-3
Section 13.8 Return of City-Owned Property 13-3
Section 13.9 Exit Interviews 13-3
RULE 14 DISCIPLINARY PROCEDURE 14-1
Section 14.1 Policy 14-1
Section 14.2 Basis for Disciplinary Action 14-1
Section 14.3 Types of Discipline 14-4
Section 14.4 Written Notice of Intent to Discipline 14-6 Section 14.5 Employee Response 14-6
Section 14.6 Final Notice of Discipline 14-7
Section 14.7 Relief of Duty 14-7
Section 14.8 Appeal 14-7
Section 14.8.1 Request for Appeal Hearing 14-7
Section 14.8.2 Date and Time of the Appeal Hearing 14-7 Section 14.8.3 Identification of Issues, Witnesses and Evidence 14-8 Section 14.8.4 Conduct of the Appeal Hearing 14-8
RULE 15 CITY-OWNED EQUIPMENT 15-1
Section 15.1 Motor Vehicles - Use 15-1
Section 15.2 Assignment 15-1
Section 15.3 Operation 15-1
Section 15.4 Equipment Other Than Motor Vehicle 15-1
RULE 16 POLITICAL ACTIVITY 16-1
Section 16.1 Prohibited Conduct 16-1
Section 16.2 Examples of Prohibited Conduct 16-1
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7 Section 16.3 Examples of Permitted Conduct 16-1
RULE 17 TRAINING EMPLOYEES 17-1
Section 17.1 Responsibility for Training 17-1
Section 17.2 Credit for Training 17-1
Section 17.3 Training Costs 17-1
RULE 18 APPEAL PROCEDURE 18-1
Section 18.1 Purpose 18-1
Section 18.2 Definition of Grievance 18-1
Section 18.3 Grievance Procedure 18-1
Section 18.4 Investigation of Facts/Decision of Department Head 18-1 Section 18.5 Appeal to Personnel Director, Designee, or Finance Director18-2 Section 18.6 Employee Meeting 18-2
Section 18.7 Written Decision 18-2
Section 18.8 Regulations During Grievance Procedure 18-2 Section 18.9 City Council’s Decision 18-4
Section 18.10 Regulations During Grievance Procedure 18-4 RULE 19 REPORTS AND RECORDS 19-1
Section 19.1 Personnel Files 19-1
Section 19.2 Access to Administrative Records 19-1
Section 19.3 Employee Access to Their Personnel Records 19-1 Section 19.3.1 Inspection of File 19-1
Section 19.3.2 Copies 19-1
Section 19.4 Access to Personnel Records by Department Heads 19-2 Section 19.5 Destruction of Records 19-2
Section 19.6 Purging of Employee Discipline Records 19-2 Section 19.7 Address Notification 19-2
Section 19.8 Performance Evaluations 19-2
RULE 20 HARASSMENT POLICY 20-1
Section 20.1 Purpose 20-1
Section 20.2 Policy 20-1
Section 20.3 Definitions 20-1
Section 20.4 Retaliation 20-3
Section 20.5 Reporting Harassment, Discrimination or Retaliation 20-3 Section 20.6 Supervisory Resolution 20-4
Section 20.7 Formal Investigation/Response 20-5
Section 20.8 Responsibilities of Employees, Management and Supervisory Employees 20-6
Section 20.9 Disposition of Complaints 20-7
Section 20.10 Documentation of Complaints 20-8
Section 20.11 Questions Regarding Discrimination or Harassment 20-8 Section 20.12 Workplace Violence 20-8
RULE 21 SUBSTANCE ABUSE 21-1
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8 Section 21.1 Introduction 21-1
Section 21.2 Purpose 21-1
Section 21.3 Policy 21-1
Section 21.4 Application 21-2
Section 21.5 Employee Responsibilities 21-2
Section 21.6 Employee Complaint 21-3
Section 21.7 Management Responsibilities and Guidelines 21-3 Section 21.8 Employee Assistance Program 21-4
Section 21.9 Confidentiality 21-5
Section 21.10 Compliance 21-5
RULE 22 MISCELLANEOUS
Section 22.1 Dress Code 22-1
Section 22.2 Outside Activities 22-1
Section 22.3 Other Public Offices 22-2
Section 22.4 Official Badge or Insignia 22-2
Section 22.5 Purchase Order 22-2
Section 22.6 Operating a City Vehicles 22-2
Section 22.7 False Information 22-3
Section 22.8 Release of Information 22-2
Section 22.9 Employment of Related Persons 22-3
Section 22.9.1 Definition of “Related Person” 22-3
Section 22.9.2 Prohibited Conduct 22-3
Section 22.10 Meals and Breaks Periods 22-3
Section 22.11 Time Sheets 22-3
Section 22.12 Seatbelts 22-3
Section 22.13 Smoking 22-4
Section 22.14 Fitness for Duty 22-4
Section 22.14.1 Conditional Offer of Employment Examinations 22-4 Section 22.14.2 Current Employee Examinations 22-4
Section 22.14.3 Role of Health Care Provider 22-4
Section 22.14.4 Medical Information 22-4
Section 22.14.5 Medical Information from the Employee’s Health Care Provider 22-4 Section 22.14.6 Interactive Process Discussion 22-5
Section 22.14.7 Determination 22-5
RULE 23 COMPUTER, INTERNET, ELECTRONIC MAIL, AND
VOICE MAIL, VIDEO AND AUDIO SURVEILLANCE
Section 23.1 Introduction 23-1
Section 23.2 Purpose 23-1
Section 23.3 Applicability 23-1
Section 23.4 General Provision 23-1
Section 23.5 No Expectation of Privacy 23-1
Section 23.6 Ownership 23-1
Section 23.7 Prohibited Uses 23-2
Section 23.8 Violations of This Policy 23-3
Section 23.9 Video and Audio Surveillance Policy 23-9
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9 Section 23.10 Social Media PolicyIntroduction
23-10
Section 23.11 Purpose 23-11
Section 23.12 Social Media Policy 23-12
Section 23.13 Introduction 23-13
Section 23.14 General Policy 23-14
Section 23.15 Comment Policy 23-15
RULE 24 COBRA
Section 24.1 Continuation Rights as an Employees 24-1
Section 24.2 Continuation Rights as a Spouse 24-1
Section 24.3 Continuation Rights of DependantDependent Child 24-1
Section 24.4 Notice Requirements 24-1
Section 24.5 Premium Payment 24-2
Section 24.6 Length of Continuation Coverage 24-2
Section 24.7 Extension of Continuation Coverage 24-2
Section 24.8 Pre-existing Medical Conditions 24-3
Section 24.9 Social Security Disability 24-3
Section 24.10 State Continuation Rights 24-3
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MERIT PERSONNEL SYSTEM
Section 1.1 Purpose
The purpose of this personnel system is to:
1. Establish an equitable and uniform procedure for dealing with personnel matters;
2. Attract the most competent and desirable persons available for employment;
3. Assure that appointment and advancement of employees are based on merit and ability; and
4. Provide reasonable security for qualified employees.
The objectives of these personnel rules and regulations are to facilitate efficient and economical service to the public and provide for a fair and equitable system of personnel management in the municipal government. These rules and regulations set forth those procedures and policies which ensure similar treatment for those who compete for original and promotional employment and define certain obligations, rights privileges, benefits, and prohibitions which are placed upon all employees in the service of the City.
Section 1.2 Personnel System Organization
The City Manager has final responsibility for all personnel actions, except those reserved to the City Council. Each department head exercises direct line authority for personnel functions described in these rules and regulations. The City Manager shall administer the personnel system. He/she may delegate personnel duties for the effective administration of the system to the Personnel Director, his/her designee, or Finance Director.
Section 1.3 Merit Employment Policy
It is the policy of the city to provide for an employment system, which assures that employees are selected, promotedpromoted, and retained on the basis of merit. It is the intent of this system to provide fair and equitable treatment to all applicants for employment. The screening and selection of the employees shall be on a specific job relatedjob-related basis. The potential and actual performance of employees within the city shall guide employment decisions with the goal of providing a high performancehigh-performance work force for the residents of the City.
Section 1.4 Intent of the Personnel System
1. Employment Standards: The City Council and all the residents citizens of Lindsay have the right to expect that the City will employ the best qualified persons available, that the tenure of every City employee will be based on a demonstrated need for the work performed, availability of funds, competent effective performance, proper personal conduct, and continuing fitness for the position.
2. City Responsibility to employees: Each employee of the City of Lindsay has the right to expect: To be fully informed of his or her duties and RULE
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responsibilities; to be provided with adequate administrative and supervisory direction; to be informed of job expectations and desired work behaviors; that promotions will be made on the basis of merit and ability; and progressively improved work performance over an extended period will be recognized and rewarded; that incompetence and misconduct will not be tolerated; and that suspensions, demotions, terminations, and other disciplinary actions will be administered in a fair and impartial manner.
Section 1.5 Prior Policies Repealed
If the terms and provisions of these personnel rules and regulations are inconsistent or in conflict with the terms and provisions of any prior City of Lindsay (“City”) personnel rules and regulations this policy shall prevail and such inconsistent or conflicting provisions or prior resolutions, rules and regulations this policy shall prevail and such inconsistent or conflicting provisions or prior resolutions, rules and regulations are hereby repealed.
Section 1.6 Priority of Collective Bargaining Agreements If a provision of these rules conflicts with any provision of an applicable collective bargaining agreement entered into by the City and a recognized employee organization, to the extent of such conflict, the provision of the collective bargaining agreement shall be deemed controlling unless the provision of these rules has been negotiated more recently.
Section 1.7 Terms of Personnel ManualRules
These personnel rules and regulations shall take effect when approved by the City Manager of the City. The manual rules shall remain in effect unless repealed, in whole or part, by the City Manager. The City Manager may in his/her sole discretion add to, delete or otherwise modify these personnel rules and regulations, subject to the following paragraph.
Prior to amendment of these personnel rules and regulations, the City Manager shall consult with City employees or, if required, upon request, meet and confer with affected recognized employee organizations.
Section 1.8 Non-Discrimination
The City shall comply with applicable federal and state laws governing fair employment practice and equal opportunity. The City strictly prohibits unlawful discrimination. This includes discrimination on the basis of sex, sexual orientation, gender identity, national origin, race, color, ancestry, religious creed, physical or mental disability, medical condition, age, marital status, citizenship status, uniformed service member status or any other protected class under applicable law.
Section 1.9 Application of Personnel Rules and Regulations These personnel rules and regulations have been developed to serve the City of Lindsay and all employees of the City of Lindsay unless specifically excluded. Its contents and all appropriate references represent the rules and practices to which all employees of the City are held accountable.
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Section 1.10 Violations of Rules and Regulations
Violation of the provisions of these rules and regulations shall constitute grounds for disciplinary action. A violation shall not make disciplinary action mandatory but shall be given such weight as shall be appropriate in view of al the circumstances.
Section 1.11 Employee Responsibility
It shall be the responsibility of each employee to become aware and be knowledgeable of these personnel rules and regulations.
Section 1.12 Administrative-Department Policies and Procedures The City Manager or individual city department heads may develop and administer supplemental written department policies and procedures as deemed necessary for the efficient, safe and orderly administration of the City or department. However, no such policies or procedures shall conflict with or supersede these personnel rules and regulations, other Council resolutions and ordinances, or existing laws. Copies of department policies and procedures should be distributed made availabeavailable to each employee of the department.
Section 1.13 Distribution of Personnel Policies
A copy of these personnel rules and regulations shall be distributed made available to each City employee and each recognized employee organization. Newly hired employees shall receive a copy upon hire. Copies of these personnel rules and regulations shall also be distributed made availalabeavailable to each department of the City. Department heads shall make them accessible to employees. Copies shall be available in the personnel office. Employees with questions about these personnel rules and regulations may direct them to his or hertheir immediate supervisor, the department head, the personnel office, or Finance Director.
Section 1.14 No Contract Created
These rules do not create any contract of employment, expressed or implied, or any rights in the nature of a contract.
Section 1.15 Severability Clause
If any provision, or the application(s) of any provision of these personnel rules and regulations is implemented is rendered or declared invalid by any final court action or by reason of any preemptive legislation, the remaining provisions of these personnel rules and regulation shall remain in full force and effect. Nothing these personnel rules and regulations shall be construed to deny any person or employee the rights granted by federal and state law. The rights, powers and authority of the City Manager in all matters, including the right to maintain any legal action shall not be modified or restricted by these regulations.
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DEFINITION OF TERMS
Section 2.1 Definitions
Unless the context indicates otherwise the terms used in these personnel rules and regulations are defined as follows:
Abandonment of Position – The failure to report to work for three consecutive regular work shifts without notification by the employee and approval of the City.
Acting Appointment – An appointment of a person who possesses at least the minimum qualifications established for a particular class and who is appointed to a position in that class in the absence of available eligible incumbents, or on an interim basis pending later appointment of an eligible person.
Advancement – A salary increase within the limits of pay range established for a class.
Allocation – The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.
Anniversary Date – One calendar year from the date of the employee’s probationary appointment with the City and each succeeding year thereafter, unless the probationary period was extended. An employee’s anniversary date shall be determined by applying the continuity of service requirements of these rules.
Appeal – A written request by an employee for consideration in matters relating to grievance and/or discipline as set forth in these rules.
Appointment – The offer to, and acceptance by, an individual for a position in the competitive service.
Applicant – Any person submitting a formal completed application for employment with the City.
Appointing Authority – The City Manager is the appointing authority for all City employees and the City Council shall appoint the City Manager. The City Manager may delegate appointing authority. Further delegations of appointing authority must be approved by the City Manager.
Authorized Position – A specific work position within a job classification that is or may be held by and employee.
Benefit Date – For the purpose of sick and vacation leave accrued, the benefit date is defined as follows for all employees: (a) if the first working day of the pay period was worked, the benefit date will be the first day of that pay period. (b) if the employee started anytime after the first working day of the pay period, then the benefit date will be the first day of the following pay period. (c) if an employee is absent without pay for any period of time his or her benefit date will be adjusted to reflect the deduction of the period of time in which the employees was absent without pay.
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Break in Continuous Service – Separation of the employee from City employment initiated by either the City of the employees for any period without pay.
Bulletin Board – The official posting place for public notices.
Certification – The furnishing of names by the personnel officer of eligible, available candidates for employment, from an employment list in the manner prescribed in these rules.
Class – A result of grouping together those positions that are similar in duties, authority, and responsibility, so that the same requirements as to education, general knowledge, and ability may be required of incumbents, and permit grouping under a common title with common standards of selection, and with the same schedule of compensation. Individual positions in the same class may be assigned different duties and responsibilities.
Class Specification – The official description of a class including (1) title, (2) a definition, (3) a statement of the duties and responsibilities, and (4) the employment standards, such as education, experience, knowledge and skills, and abilities which may be required of applicants.
Classification Plan – The arrangement of positions in classes, together with the title and specifications describing each class.
Compensation – Salary, wages, fees, benefits, allowances or any other consideration paid to an employee for performing the duties or exercising the responsibilities of a position.
Compensatory Time – Time off from work in lieu of monetary payment for overtime work.
Continuous Service – Employment in a regular position that is uninterrupted from the effective date of the appointment except an authorized absence with pay or as required by law.
Contract Employees – Contract employees are those individuals employed by the City pursuant to the terms of an individual employment contract that sets forth terms and conditions of employment. Unless expressly stated herein, the provisions of these personnel rules and regulations shall not be applicable to contract employees.
Days – Means calendar days unless otherwise stated.
Demotion – The movement of an employee from a position in one class to another class, the next class having a lower maximum base rate of pay.
Department – A major administrative branch of the City involving a general line of work with one or more employees under the charge of one or more individuals known as supervisors.
Department Head – The individual designated as the administrative head of a City department.
The City Manager is the Department Head of the other departments heads.
Disciplinary Action – The termination, demotion, reduction in pay, or suspension of a regular employee for cause.
Eligible – A person whose name is on an employment list.
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Employee – A person who is legally occupying a position in the City’s service or who is on an authorized leave of absence for such position.
Employee (Emergency) - A person employed by the City for a temporary period of time to meet emergencies, which threaten life, property, or the general welfare of the City. An emergency employee serves at the will of the City Manager or designee and may be removed at any time without cause.
Employee (Part-Time) – A person employed by the City for specifically designated hours less than full time. A part time employee serves at the will of the City Manager or designee and may be removed at any time without cause.
Employee (Probationary) – A person employed by the City in a regular full-time position who has not completed the probationary period.
Employee (Regular) – A person employed by the City in a full-time capacity who has successfully completed his/her probationary period and has been retained according to the provisions of these rules. The term does not include an elected official.
Employee (Temporary) – A person employed by the City full-time or part-time for some specific work that is temporary in nature. A temporary employee serves at the will of the City Manager or designee and may be removed at any time without cause.
Employee (Extra Help) - An employee who is appointed to a position with less than year-round funding. Extra-help employees shall be compensated on an hourly basis shall not be eligible for participation in any benefit plans except as required by law and serves at the will of the City Manager or designee and may be removed at any time without cause.
Employment Date – Date on which an employee was hired to fill a position with the City.
Employment List – A list of names of persons who may be considered for employment with the City under specified conditions. Employment lists will be prepared as needed under the direction of the Personnel Director or their designee.
Evaluation Date – For the purpose of step advancement, this term shall mean the date upon which the employee’s most recent step advancement occurred.
Examination – An examination for a particular class, which is open to persons meeting the qualifications for the class.
Exempt Employee – The City Manager, department heads, executive or professional staff, administrative technical staff, and others whose duties and responsibilities allow them to be “exempt” from the overtime pay provisions as provided by the Federal Fair Labor Standards Act (FLSA) and any applicable state laws.
Fiscal Year – The fiscal year for the City begins on July 1 and ends on June 30 of the next year.
Full-time Position – A budgeted position in which an employee of the City is regularly scheduled to work at least forty (40) hours per week and/or no less than two thousand eighty hours per year.
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Grievance – The formal allegation made by an employee that the City, or one of its representatives has violated, misinterpreted, or misapplied the provisions of the Memorandum of Understanding and/or City personnel ordinances, rules and regulations, or administrative directives.
Grievance Procedure – The systematic means set forth in these personnel rules and regulations by which an employee may obtain consideration of a grievance.
Job Description – Description of duties, responsibilities, and minimum qualification requirements of the positions included in the class.
Lay-off – The separation of employees from the active work forceworkforce due to a shortage of work or funds, or due to the abolition of positions by the City Manager and/or City Council for the above reasons or due to organization changes.
Leave of Absence – An authorized absence from duty for a specified period.
Memorandum of Understanding (M.O.U.) – (M.O.U.) An understanding reached with a recognized employee organization as a result of meeting and conferring on hours, wages, and working conditions in accordance with State law and City ordinances, resolutions, and rules.
Minimum Qualifications – The minimum qualifications deemed necessary for a candidate to possess for selection to fill a vacancy and to maintain employment with the City.
Oral Interview or Qualifications Appraisal Board – Part of an examination conducted by a competent board to evaluate the candidate’s education, experience, and general qualifications pertinent to the position for which examined.
Out-of-Class Pay – The salary an employee shall receive for working in a classification having a higher salary range than the one to which that employee was appointed during a period of time or these rules. .
Overtime – Time worked in excess of 40 hours in a work week or as provided in an applicable M.O.U.
Part-time Position – A position in which an employee of the City is regularly scheduled to work less than forty (40) hours per week and/or less than two thousand eighty hours per year.
Performance Evaluation – A review and evaluation of an employee’s performance and capabilities in the employee’s authorized position by the employee’s immediate supervisor and/or other memberother members of management at designated intervals and filed in the employee’s official personnel file; minimum of one evaluation annually.
Personnel Director – The employee of the City designated to manage the personnel function of the City. The Personnel Director may delegate one or more of those functions to subordinates.
Personnel Rules and Regulations Manual - This Group of personnel rules and regulations concerning employment with the City of Lindsay.
Personnel Records – The official records of the City for each employee, maintained by and in the personnel office, except records that may be required to be maintained in other locations.
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Position – A specific office or employment provided by the budget, whether occupied or vacant, of limited termlimited-term or regular, and requiring the performance of certain duties and responsibilities assigned or delegated by the appointing authority.
Probationary Period – A period from original date of hire to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of duties of the position.
Professional Employee – Management, supervisory and technical employees engaged in work requiring specialized knowledge and skills as so designated by the City.
Promotion – The movement of an employee from a position of one class to a position in another class having a higher maximum salary rate, generally with an increase in duties and responsibilities over the employee’s present class.
Promotion – The movement of an employee from a position of one class to a position in another class having a higher maximums alary rate, generally with an increase in duties and responsibilities over the employee’s present class.
Promotional Probationary Period – The initial period of service by an employee in a promotion position, this period to be considered an integral part of the examination, testing and selection process during which an employee is required to demonstrate fitness for the position to which promoted by actual performance.
Reclassification – Modification of job title and corresponding salary range adjustment supported by an appropriate classification analysis prepared under the direction of the Personnel Director, or designee which identifies a change in level of difficulty and/or responsibilities between the existing job description and actual job duties.
Reduction in Pay – A temporary or permanent decrease in salary.
Regular Position – A budgeted position, the duties of which do not terminate at any stated time.
Reinstatement – The restoration without examination of a former regular employee to a classification in which the employee formerly served as a regular non-probationary employee within one year of separation from the City.
Rejection – The termination or demotion of an employee during a probationary period.
Relief of Duty – The temporary assignment of an employee to a status of administrative leave with pay.
Reprimand – An oral or written notification to an employee regarding a censure made as a disciplinary action.
Resignation – Voluntary termination of employment by an employee, including the abandonment of the position.
Salary – The wages paid for services performed.
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Salary Increase – An increase in salary for a classification as a result of the meet-and-confer process and/or City Manager or City Council action.
Salary Range – Categories, which determine the minimum and maximum salary with appropriate steps for each employment classification.
Seniority – Precedence of one employee over another based on length of service within the classification, department, and City to be determined by continuous employment from the date of hire into a regular position.
Separation – The voluntary or involuntary end of City employment.
Smoking – Includes any lighted cigarette, vaporizer, e-cigarette, cigar, or pipe.
Standard Work Week – Any consecutive seven (7) day period, as determined by the City, beginning at 12:01 A.M. on the first day, and ending at 12:00 midnight on the seventh day, and consisting of forty (40) hours.
Step Increase – A salary increase of one or more steps within the limits of the salary range established for a class.
Supervisor – A person having authority in the interest of the City to direct employees, or to adjust grievances, or effectively to recommend any such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
Suspension – The temporary separation, without pay, from service of an employee for disciplinary purposes.
Termination – Separation from City employment for disciplinary reasons or as a result of rejection during a probationary period.
Transfer – The movement of an employee within a department or between departments from one position to another position in the same class or another class having the same maximum salary.
Vacancy – An unfilled authorized position in the City of Lindsay employment.
Work Shifts – The days of the week and the hours on each of those days that an employee is assigned to work on a regular basis.
Section 2.2 Construction In General
The provisions of these rules and regulations and proceedings under them shall be construed with the view to affect their purpose and to promote justice.
Section 2.3 Prohibited Acts Include Causing or Permitting Any act or omission, which is unlawful under these rules, includesing causing, permitting, aiding, abetting, suffering, or concealing the act or omission.
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Section 2.4 Reference to Rules Includes Amendments
When a reference is made to a portion of these rules and regulations, or to an ordinance of the City, the reference applies to each amendment and addition, which may be made to it.
Section 2.5 “Shall” and “May”
As used in these rules, “Sshall” is mandatory and “Mmay” is permissive.
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GENERAL PROVISION
Section 3.1 Fair Employment
During the selection process, the City will not attempt to elicit information concerning race, color, ancestry, national origin, sexual orientation and/or gender identity, marital status, physical or mental disability, medical condition, age, citizenship status, political or religious opinions or affiliations of an applicant. Appointment or removal from a position shall not be affected or influenced by consideration of race, color, ancestry, national origin, sexual orientation, and/or gender identity, marital status, physical or mental disability, medical condition, age, citizenship status, political or religious opinion or affiliation or other category protected by law.
Section 3.2 Violation of Rules and Regulations
Violation of these rules is grounds for suspension, demotion, dismissal or other disciplinary action appropriate under the circumstances.
Section 3.3 Amendment and Revision of Rules and Regulations It is fully recognized that rules and regulations, practices, procedures and policies may require modification to reflect changing needs and more effective methods as they are developed. These rules and regulations may be appropriately revised to reflect such needed changes.
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CLASSIFICATIONS
Section 4.1 Purpose
The classification plan provides a complete inventory of all positions in the competitive service and an accurate description and specification for each class of employment. The plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities.
Section 4.2 Classification Plan
The classification plan consists of classes and positions defined by class specification, including the title. The classification plan shall be maintained so that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedule of compensation may be made to apply with equity under similar working conditions to all positions in the same class.
Section 4.3 Administration
The Personnel Director or designee will continually review the classification plan based on the job analysis. The Personnel Director or designee shall ascertain and record the duties and responsibilities of all positions in the competitive service, and make a recommendation to the City Council or City Manager of a classification for such positions. Changes in classifications, which result in a salary that falls outside the limits of the department budget, shall be approved by the City Manager.
Section 4.4 Classification of Positions
Each position shall be allocated to the appropriate class in accordance with the character, difficulty, and responsibility of its assigned duties. Positions in a single class shall be sufficiently similar to permit substantially the same level of skill, knowledge, ability, and other qualifications required of incumbents, the same or similar selection method and the same schedule of compensation.
Section 4.5 Classification of New Positions
All new full-time positions require City Council authorization. The Personnel Director or designee shall recommend the proper assignment of any new positions to a class in the classification plan, or when appropriate, create a new class. When a new position is created and is classified before it is occupied, such position shall be subject to review by the Personnel Director or designee after it is occupied to determine if the incumbent is performing the duties of the class.
Section 4.6 Reclassification
The classification plan may be amended from time to time. The assigned duties of positions, which have been materially changed over time by the City so as too to necessitate reclassification, whether new or already created, shall be allocated by the City Manager to a more appropriate class. Reclassification shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, nor to effect a change in salary in the absence of a significant change in assigned duties and responsibilities. During the process of consideration, any recognized RULE
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employee organization affected shall be advised. Amendments and revisions of the plan may be suggested by any interested party, including any recognized employee organization and shall be submitted to the City Manager.
The City Manager may approve the reallocation of a position to a different class or approve the creation of a new class whenever the duties of the position change materially over time. This may occur upon the recommendation of the department head, or upon the request of an employee and with the concurrence of the department head. When any change is made within a Department, which significantly affects the duties and responsibilities of any position, the appointing authority shall report these facts in writing to the Personnel Director. The Personnel Director or designee shall make a classification study of the duties and responsibilities and the relationship to other classes or positions. The Personnel Director may study the allocation of any position in the Classification Plan and make recommendations to the City Manager for a change in class or the allocation to a more appropriate class. The department head shall be consulted before a classification study is begun in his or her department. Studies may be initiated in the following manner:
1. Written request, submitted by the department head, due to reorganization of a department caused by a lack of funds, lack of work, or where the department reorganization would be for the betterment of the delivery of services or when the duties of a position have materially changed over time.
2. Referral from the City Manager.
3. When possible authorization of a new position is indicated.
4. Regular, periodic maintenance of the Classification Plan or when the Personnel Director identifies a need to study an existing position.
A change in classification on an occupied position shall affect the status of the incumbent in the following manner:
1. When a position is moved to a class with the same or higher salary range, the incumbent may retain the same status in the new class that was held in the prior class. The duties should have evolved over a period of time and be basically the same duties and responsibilities as were performed by the incumbent.
2. When a position is reallocated to a class in a related series with a lower salary range, incumbents may choose to retain the position by accepting voluntary demotion or may request a transfer, if available, for the class from which the position was moved. If neither of the foregoing is chosen, the normal layoff procedures will be followed.
Section 4.7 Job Descriptions (Specifications)
The Personnel Director or designee with the assistance of the department heads shall prepare written specifications for each class of positions. The official copy of the specifications for each class shall be maintained in the personnel office and shall indicate the date of approval or last revision.
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Each specification shall include the class, title, a brief description of the scope, nature, and responsibility of the class, a description of the tasks or duties ordinarily performed in the positions allocated to the class; a statement of the minimum qualifications considered necessary for proficient performance of the work, including education, experience, training, knowledge, skills, physical characteristics, and any additional factors considered pertinent. Specifications are not restrictive. A department head may temporarily assign other related duties and responsibilities or otherwise direct the work of employees.
No person shall be appointed to any position unless that person meets the minimum qualifications set forth in the currently approved class specification for that position or meets the permissible equivalency provisions of these rules.
Section 4.8 Vacancies
When a permanent vacancy occurs in an authorized position, the department head may fill the vacant position with an existing employee or someone who is not currently employed. The department head may determine that it is in the City’s best interest to leave the position vacant.
Individuals will be chosen to fill the vacancy based on merit.
Section 4.9 Evaluations
All personnel of the City of Lindsay are subject to periodic evaluations of their work performance. Each person will be rated by his or her immediate supervisor and/or past supervisor depending on the length of time a person has been assigned to a particular supervisor. Each probationary employee shall be rated at the end of the third, sixth, ninth, and eleventh months of his/her probationary period, while each regular employee shall be rated thirty days prior to the employee’s anniversary date. Performance evaluations will consist of both a written evaluation report and an evaluation interview. The written report will be prepared and used as a guide during the evaluation interview. Each supervisor shall use the City form obtained from the Personnel Director or designee. The completed form will be dated and signed by the supervisor and the employee after the interview. The completed form will then be forwarded to the department head who in turn will supply the original to the Personnel Director.
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COMPENSATION
Section 5.1 Preparation of Salary and Wage Plan
Upon request of the City Manager, the Personnel Director shall recommend a wage and salary plan. The Personnel Director shall consult with each department head and give consideration to prevailing rates of pay and working conditions for comparable work in other public and private employment, the difficulty and responsibility of the work, current costs of living, suggestions of department heads, the City’s financial condition and other relevant factors.
Section 5.2 Adoption and Application of Plan
The City Council shall adopt a salary and wage plan and may amend it from time to time. At the time the City Council considers it, interested persons may appear and shall be heard. Suggested changes may be submitted to the City Council through the City Manager. Said adoption will be accomplished during the budget process.
Section 5.3 New Employees
A new employee shall be appointed to the first step of the salary range to which his/her class is assigned, except as follows: where it is difficult to locate qualified personnel, or when it appears that the education and previous training or experience of a proposed employee is substantially superior to those required at the beginning level of the class and justify a beginning salary in excess of minimum compensation. The City Manager may authorize hiring at a higher step in such cases.
Section 5.3.1 Advancement Within Salary Range
Advancement within the salary range is not automatic. An increase is made on the basis of merit as established by the employees’ work performance and after written recommendation of the department head. The department head shall set forth the source of funding for the raise, and show that adequate funds are available for the raise when given and in the coming fiscal years.
Any advancement must be approved by the City Manager or designee. An employee who fails to receive in-grade salary advancement shall be notified in writing as to the reason.
Section 5.3.2 Special Salary Adjustments
In order to correct gross inequities or to reward outstanding achievement and performance, (exceptional service) the City Manager may upon recommendation of the department head adjust the salary rate of an employee to any step in his/her existing salary range or up to 10% above the range if the employee is at the top step. (See 5.5)
The factor of exceptional service is intended to recognize exceptional performance in which an employee is performing service substantially above the level of proficiency normally expected in the class or is producing results consistently superior to that normally expected of employees in the class. It does not include unusual acts or results caused by unusual conditions beyond the control of the employee, to which he/she demonstrated a normal reaction under the circumstances. This award may not be used in an attempt to solve a pay or classification inequity.
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Section 5.3.3 Applicable Pay Rates
(1) Following promotion. When promoted, an employee begins at step A of the range into which promoted or one step higher that his/her current salary, whichever is higher. The new anniversary date is the date of promotion. (2) Following demotion. In the case of the demotion to a class with a lower maximum salary, an employee shall be assigned to the same salary step in the new class, assuming that his/her service has been continuous in the new class.
The employee shall retain his/her previous anniversary date. (3) Following transfer. Where an employee is transferred from one position to another in the same class or to another class to which the same pay range is applicable, the employee retains the same pay step and anniversary date. (4) Following salary range increases and decreases. Where a pay range is revised upward or downward, the incumbent of a position in the affected class is entitled to a pay adjustment to the same relative step in the new pay range. The anniversary date does not change.
Section 5.4 Deductions
Each deduction from an employee’s wages shall be made in accordance with prevailing laws, contracts, rules and regulations.
Section 5.4.1 Deductions Required by Law and Contracts
Deductions include federal withholding tax, state withholding tax, social security tax, city retirement premium, paid family leave, and SDI.
Section 5.4.2 Written Authorization From Employee
Authorization is required for group medical, dental, hospitalization, disability, life insurance premiums, credit union, and any other deduction approved by the City Manager.
Section 5.4.3 Claims
Claims for non-payment of debts for the purpose of garnishing employees’ wages shall be made to the Director of Finance under Section 710 of the Code of Civil Procedure.
Section 5.5 Salary Adjustment
The factor of exceptional service is intended to recognize exceptional performance in which an employee is performing service substantially above the level of proficiency normally expected in the class or is producing results consistently superior to that normally expected of employees in the class. It does not include unusual acts or results caused by unusual conditions beyond the control of the employee, to which he/she demonstrated a normal reaction under the circumstances. This award may not be used in an attempt to solve a pay or classification inequity. We suggest you move this paragraph to Section 5.3.2 August 08, 2023 Regular Meeting of the Lindsay City Council
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Section 5.6 5.5 “Acting” Capacity
An employee, who temporarily assumes the duties of a superior position for an extended period of usually one (1) month or more, may upon approval of the City Manager receive premium pay commensurate with the duties assumed.
Section 5.7 5.6 Terminal Pay
An employee who is terminated is entitled to terminal pay:
(1) That portion of the final pay period from the first day of the final pay period to the effective date of separation. The day of separation is either the working day specified for separation or the last day of the pay period if no date is specified. (2) Accrued vacation actually earned but not taken.
(3) Accrued overtime.
Section 5.7.6.1 Employees’ Death
An employee may, in a writing filed with Human Resources, designate a person to receive the employee’s final paycheck in the event of the employee’s death. The employee may change the designation from time to time. A person so designated may claim the employee’s terminal pay upon proof of identity. A “person” for purposes of this section can include a corporation, trust, or estate.
An employee’s surviving spouse may claim compensation due to a deceased employee by providing the City a sworn affidavit or declaration as described in Probate Code section 13601.
Absent a designated beneficiary or receipt of a qualifying claim by a surviving spouse, terminal pay will be paid to the employee’s estate.
In case of employee’s death the City shall pay the employee’s beneficiary the sums set forth in
5.7 if he or she has so designated one; otherwise, terminal pay is paid to his or her estate.
Section 5.7.2 City Property
All City property in the employee’s possession must be returned prior to separation, including keys, key fobs, identification cards, equipment, credit cards, gas cards, laptops, cell phones, pagers, and any other City equipment.Terminal pay is paid to an employee only upon submission by the employee of all city-owned property in his/her possession including keys, badges, etc.
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APPLICATIONS AND APPLICANTS
Section 6.1 Employment Standards
It is the policy of the City to employ the best-qualified and most competent person available.
Selection is made on the basis of merit and such applicable standards as demonstrated ability, skills and experience, training aptitude, intelligence, and character.
Section 6.2 Applications
The City shall make official application forms available in a manner, which will facilitate effective recruiting. The form shall require information covering training, education, experience, and other pertinent information, and may include references. The applicant must sign the application.
Section 6.3 Application Filing
Each person participating in a scheduled selection process for employment shall have completed and filed an official application form for that recruitment. The personnel office must receive the official application form no later than the date and time of the last filing deadline as published in the announcement. Each applicant must sign the application form certifying that all statements are correct. Persons applying for a position must comply with the following conditions:
1. Meet the general conditions pertaining to the filing of an application.
2. Meet the specific requirements as shown on the announcement for a particular position;
3. Meet the right-to-work in the United States or citizenship requirement, and
4. Be willing and able to accept the employment in the present vacant position or a future similar vacant position, if employment were offered.
The name of persons applying for City positions or the evaluation of their participation in any selection process shall not be made public. Applications will be accepted when recruitment has begun for a position.
Section 6.3.1 6.4 Evidence of Good Character
The City may require an applicant to furnish evidence of good character.
Section 6.3.2 6.5 Physical and Psychiatrist Examination The City may require an applicant to undergo physical and/or psychiatric examination at the City’s expense.
Section 6.3.3 6.6 Credit Rating
The City may require satisfactory credit ratings of applicants and/or employees.
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Section 6.3.4 6.7 Residency
Residence in the City at the time of application is not a requirement. However, the City Manager or department head may require certain classes of employees to live within a specified response time of the City.
Sections 6.4 Standards 6.8 – Operation of Motor Vehicle If driving a vehicle is required for the job the applicant must be able to show:
(a) The ability to posses a valid California driver’s license (b) The ability to drive safety
(c) The ability to operate a motor vehicle in all types of weather conditions Section 6.4.1 6.9 Personal Integrity
The City will consider evidence of personal integrity such as:
(a) Refusing to yield to the temptation of bribes, gratuities, pay offs, etc. (b) Refusing to tolerate unethical or illegal conduct on the part of other personnel. (c) Showing strong moral character and integrity in dealing with the public. (d) Being honest in dealing with the public.
Section 6.4.2 6.10 Dependability
The City will consider evidence of dependability such as:
(a) Having a record of submitting reports or completing assignments on time and not malingering on jobs.
(b) A record of being motivated to perform well.
(c) A record of dependability and ability to follow through on assignments. (d) A history of taking the extra effort required for complete accuracy in all details of work.
(e) A willingness to work the hours needed to complete a job.
Section 6.5 6.11 Disqualification of Applicant
The Personnel Director may eliminate from the selection process, remove from the eligible list, or refuse to certify the name of any person:
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(a) Who does not meet the minimum qualifications established for the class or position to which they seek appointment;
(b) Who has made a false statement, misrepresentation, or omission of a material fact or actual or attempted deception, fraud or misconduct in connection with his or her application
(c) Who has improperly used or attempted to use any personal or political influence to further his or her eligibility for appointment;
(d) Who has been terminated for good cause from previous employment. (e) Who has failed to submit an application correctly within the prescribed time limit;
(f) Who has directly or indirectly obtained information regarding examinations to which applicants are not entitled;
(g) Who has failed any part of the selection process for the same position within the last six months
(h) Who is physically or psychologically unfit for the performance of essential functions of the position and such unfitness cannot be reasonably accommodated. (i) Who has been convicted, including pleas of guilty and nolo contendere, of any felony or a misdemeanor, which was of such a nature as to reflect adversely and substantially on the applicant’s ability to perform the duties of the position. The City Manager may disregard such convictions if it is found and determined by the City Manager that mitigating circumstances exist.
(j) For any other material cause which in the judgment of the Personnel Director would render the applicant unsuitable for the position, including a prior resignation from the City, termination from the City, or a significant disciplinary action.
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RULE
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EXAMINATIONS AND ELIGIBLE LISTS
Section 7.1 Conduct of Examinations
The Personnel Director is responsible for examinations except when the City Manager determines that an examination for a particular class should be conducted by the department concerned.
Section 7.2 Nature and Types of Examination
The selection techniques used in the examination process shall be impartial and related to those subjects which, in the opinion of the department head, fairly measure the relative capacities of the person examined to execute the duties and responsibilities of the class to which employed. Such techniques include: personal interview, written examination, performance tests, work samples, physical agility tests, evaluation of training and experience, physical examination, psychological tests, background investigation, or any combination of these or other tests. The probationary period shall be considered as a portion of the examination process. Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class, covering only factors related to such requirements.
Section 7.2.1 Continuous Examinations
Open-Competitive examinations may be administered periodically for a single class, as the needs of the service require.
Section 7.2.2 Promotional Examinations
It is the policy of the City to give open and competitive examinations for all positions except when the City Manager finds that there are a sufficient number of qualified candidates in city service or that the position requires special knowledge and familiarization. Promotional examinations may include any of the selection techniques mentioned in section 7.2 of this rule.
Only employees who meet the requirements set forth in the examination announcements may compete.
Section 7.3 Scoring Examination and Qualifying Scores
A candidate’s score in a given examination shall be the total of his or her scores on each competitive part of the examination weighted as determined for the selection process. Failure in one part of the examination shall be grounds for declaring such applicant as failing the entire examination or as disqualified for subsequent parts of an examination.
Section 7.4 Notice of Examination Results
Applicants shall be notified by mail concerning the results of their participation in the selection process. Said notification shall indicate whether or not the applicant has been placed on the employment list.
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Section 7.5 Establishment of Eligible List
As soon as possible after the completion of an examination, the Personnel Director or designee shall score the examination and prepare an eligible list in numerical ranking based on the candidate’s grade. One of the candidates with the top five highest test scores should be appointed. If the department head chooses to appoint an individual who is not in the top five written justification shall be made to the Personnel Director. The Personnel Director shall review the written justification and recommend approval or denial to the City Manager for final action.
Section 7.5.1 Duration of List
An eligible list other than one resulting from a continuous examination remains in effect for one year, unless abolished, exhausted, or extended by the City Manager. Any extension shall be for an additional period of not more thaen three (3) months.
Section 7.5.2 Re-employment List
The name of each regular employee who has been laid off shall be placed on an appropriate reemployment list in the order of total continuous cumulative time served in probationary and regular status. The names remain for three (3) months unless the persons are sooner re-employed.
Section 7.6 Removal of Name From List
The Personnel Director may remove the name of an eligible applicant from the employment list:
(1) For ground set forth in Rule VI, Section 6.4, entitled Disqualification of applicants;
(2) On receipt of a statement from the eligible applicant indicating a lack of interest in the class or employment.
(3) On evidence that the eligible applicant cannot be located; (4) On evidence that the eligible applicant fails to respond to a notice mailed to the last designated address within five (5) working days following the mailing of notice;
(5) On report of an unsatisfactory background investigation; (6) If on a promotional list and separated from employment.
The person affected shall be notified of the removal of the name by a notice mailed to the last known address.
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APPOINTMENTS
Section 8.1 Types of Appointments
A vacancy is filled by original appointment, reinstatement, re-employment, transfer, promotion, or demotion.
Section 8.2 Request to Fill Vacancy
The Personnel Director shall be notified when a vacancy is to be filled.
Section 8.3 Method of Appointment
The Personnel Director may send the list of eligibles to the department head as set forth in Rule VII, Section 7.5.1. If the department head; after interview desires, to make the appointment, he/she may do so subject to the approval of the City Manager. The department head may fill a vacancy by reinstatement, transfer, demotion, promotion, or re-employment, if permissible under these rules. This request shall be made prior to the Personnel Director undertaking any other method of appointment or establishing an eligibility list. If the Personnel Director (or City Manager if the employee is reinstated) grants permission to proceed with filling the vacancy in this manner, the Personnel Director shall notify the person, not the department head. If the person is offered the appointment and does not accept the appointment in writing, or present himself/herself for duty as prescribed, the appointment is considered rejected.
Section 8.4 Reinstatement
A regular employee who resigns in good standing may within one (1) year of his or her resignation be reinstated in a position in the class in which he or she previously had served or in a comparable class. A person may be reinstated only if a vacancy exists, the department head recommends reinstatement, and the City Manager approves. An employee reinstated is in a probationary status and is considered a new employee for purposes of vacation, sick leave and salary increases. If the Employee returns and is granted reinstatement within thirty (30) days, employment will resume as though uninterrupteduninterrupted, and the employee will not be required to serve a probationary period.
Section 8.5 Re-employment After Lay-Off
A regular employee who is laid off in accordance with these rules is entitled to preference in filling a vacancy in the class or position previously held by that employee for a period of (3) months. An employee so re-employed retains all benefits accrued in prior service with the city.
During the lay-off, no benefits accrueaccrue, and the anniversary date shall be adjusted if the layoff time exceeds thirty (30) days.
Section 8.6 Transfer
An employee may be transferred from a class in one department to a position of the same class in another department. Such transfer does not result in a loss to the employee of accumulated vacation, sick leaveleave, or overtime.
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Section 8.7 Demotion
A position may be filled by demotion of an employee in accordance with these rules and regulations. An employee may be demoted in preference to being laid off.
Section 8.8 Nepotism
No person may be appointed or transferred into a position in the city City contrary to the provisions of Section 22.9 of these Rulesin which a relative by blood, marriage or domestic partnership is employed. The City Manager may waive this prohibition based on the needs of the city.
Section 8.9 Temporary or Part-Time Appointments
Time spent under temporary or part-time appointment is not credited to the probationary period or counted toward salary eligibility. Time spent under temporary or part-time appointment is not credited to vacation, sick leave, or retirement benefits.
Section 8.10 Offer of Employment
Only the Personnel Director may extend offers of employment to selected candidates.
Employment offers for all positions shall be made in writing and shall include starting salary on an hourly, weekly, or monthly basis. An employment offer made in terms of annual salary shall not imply a yearly contract.
All appointments shall be classified as full-time, part-time, or temporary and are defined as exempt or non-exempt for overtime pay. Employees will not change from part-time or temporary status to another status unless specifically informed of such a change, in writing by the Personnel Director. Part timPart-timeetime and temporary employees serve at the will and may be terminated at any time without cause or an opportunity for a hearing.
Section 8.11 Fingerprints / Live Scan
As a condition of employment, the City Manager may require a person seeking employment by the City to be fingerprinted prior to beginning employment or immediately thereafter. Refusal of an employee to be fingerprinted or failure to report for fingerprinting shall be sufficient cause for disqualification from employment or termination from employment. The Personnel Director shall establish and maintain a system for fingerprinting of employees. Fingerprint cards or live scan documents shall become a part of the employee’s personnel folder to be cleared through the Bureau of Criminal Identification and Investigation of the State of California and other agencies as deemed appropriate. The fingerprint cards or live scan prints for law enforcement applicants shall be processed immediately.
Section 8.12 Medical Examination
Following a conditional offer of employment, prospective employees shall be required to complete a job relatedjob-related pre-placement physical and/or psychological examination.
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the city shall make reasonable accommodations to the special needs of any disabled individual as required by law. A licensed physician chosen by the City without cost to the prospective employee shall perform such examination. The prospective employee shall be required to complete a medical history questionnaire and a medical records release as necessary to facilitate the examination. The physician will indicate the employee’s fitness for employment on the examination form. In the event the examination is not completed prior to the employee’s scheduled start date, only a tentative appointment may be made. The final appointment will be contingent on a satisfactory examination result.
Depending on the job-related physical characteristics required, a medical examination may be required for:
(1) Entering employees;employees.
(2) Employees seeking a transfer from one position requiring general physical abilities to another position requiring different physical abilities and;and. (3) Employees returning to work from a medical leave of absence.
The physician conducting the medical examination shall be supplied with a current job description indicating the job-related duties and requirements of the position. The results of all medical examinations shall be confidential. Examination results for entering employees and employees transferring to another position shall not be kept in the employee’s personnel file. No employee shall hold any position in which the employee is not able to perform the essential functions of the job with or without reasonable accommodation if disabled. The City Manager may require that employees take a psychological or a medical examination as it deems necessary in order to determine employees to be mentally and physically capable of performing the job without significant risk to the health or safety of themselves or others.
Section 8.13 Driver’s License and Driving Record
Employees who are required to drive are required to possess a valid California driver’s license and maintain a satisfactory driving record as a condition of employment. Employees must immediately report to the Personnel Director any changes in driving privileges. Failure to do so may result in disciplinary actions.
Section 8.14 Employment Oath
In accordance with Article XX, Section 3 of the Constitution of the State of California and California Government Code Section 3102, All all employees of the City (except legally employed non-citizens) shall complete and sign the Oath or Affirmation of Allegiance of Public Officers and Employees on the first day of employment in accordance with Article XX, Section 3 of the Constitution of the State of California. The City Clerk or other designated individual shall administer the Oath and a signed copy shall be included in the employee’s personnel file.
Section 8.15 Identification Cards
The Personnel Director or department head shall issue employee identification cards to all employees of the City. Employee identification cards are to be used by employees in conducting business on behalf of the City. Employee identification cards are the property of the City and shall be surrendered to the City upon demand or separation from employment and prior to August 08, 2023 Regular Meeting of the Lindsay City Council
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receiving payment of salary due at separation. Employees shall be required to immediately report lost or stolen identification cards to the Personnel Director.
Section 8.16 Keys
Keys to City facilities will be issued to employees so designated by the City Manager or his designee. Keys are the property of the City and shall be surrendered to the City upon separation from employment and prior to receiving payment of salary due at separation. Employees shall be required to immediately report lost or stolen keys to the Personnel Director.
Section 8.17 Other City Property
Other property issued to the employee belonging to the City shall be surrendered to the City upon demand or upon separation. The final salary due may be adjusted for failure to return issued property.
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PROBATIONARY PERIOD
Section 9.1 Purpose
The probationary period is the final step in the selection process. It is an extension of the examination process and the employee’s performance shall be closely observed for securing the most effective adjustment of a new employee to his or her position.
Section 9.2 Duration of Probationary Period
Each original and promotional appointment made to a position in the competitive service shall be subject to a probationary period. The length of the probationary period shall be twelve (12) months of continuous service for all employees. The probationary period shall not include time served in any employment capacity except that of a regular full-time position. The probationary period may be for a longer period of time if extended or as established in the job description.
Section 9.3 Successful Completion of Probationary Period The Personnel Director or designee shall notify the department head two weeks prior to the end of any probationary periodthe due date of a probationary employee’s eleventwelve-month performance evaluation. If the employee’s performance has been satisfactory to the department head and advancement to regular status is warranted, the department head shall so state in the employee’s probationary performance evaluation report. The employee shall then be advanced to regular status on his or her anniversary date. If the employee’s performance has not been satisfactory and the department head recommends release from probation, the department head shall so state in the evaluation report. If such a statement is not filed, the employee will be deemed to have satisfactorily completed his or her probationary period.
Section 9.4 Rejection of Probationer
During the probationary period, an employee is considered “at will” and may be rejected at any time by the City Manager (at the recommendation of the department head) for failure to satisfactorily complete the probationary periodwithout cause or reason, without prior notice, and without any right to appeal or grievance. The probationary employee will be notified prior to the expiration of the probationary period that they have been rejected from probation.Notification of rejection by the department head shall be served on the probationer.
Section 9.5 Rejection Following Promotion
A promoted employee who does not successfully complete a probationary period shall be restored, providing a vacancy exists, to the same or similar position in the same class from which promoted unless charges are filedfiled, and employee is terminated in the manner provided for in the these rules.
Section 9.6 Promotion, Demotion, and Transfer Probationary Period A new probationary period shall be required following demotion or transfer. When an employee transfers or demotes from one department to another department, a new probationary period shall be served in the latter department.
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Section 9.7 Reemployment and Reinstatement Probationary Period Persons appointed to positions by reemployment must serve a new probationary period, unless the appointment is to the same class in the same department where a probationary period has been previously served. Persons appointed to positions by reinstatement must serve a new probationary period. No credit for former employment shall be granted.
Section 9.8 Interrupted Probationary Period
When the probationary period of an employee is interrupted because of a leave of absence or appointment to another class and the employee later returns to the former class in the same or a different department, a new probationary period shall be served. Credit for all or part of the previous probationary period may be granted to the employee by recommendation of the department head, and approval by the City Manager. (See 9.2).
Section 9.9 Extension of Probationary Period
At the discretion of the department head and with the approval of the City Manager, the probationary period may be extended for a maximum of six (6) months and a new anniversary date will be established.
If an employee’s probationary period is interrupted due to illness or injury for thirty (30) days or more the employee’s probationary period will be automatically extended for the period of absence and a new anniversary date will be established.
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HOURS OF WORK; OVERTIME; HOLIDAYS
Section 10.1 Hours of Work
The provisions in this section govern hours of work for employees. However, this provision shall not interfere with the essential services of a department. Under no condition shall regularly scheduled hours for a full-time employee for the City consist of work less than 40 hours per week within five (5) consecutive days. Shifts vary as required to meet the operational requirements of the department where the employee works. When desirable, the City Manager may designate other working hours for employees whose specific duties require it.
Section 10.2 Attendance
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidayholidays, and leaves. All departments shall keep daily attendance record of employees, which shall be reported to the finance office in the form and on the dates specified.
Failure on the part of an employee, absent without leave, to return to duty within three consecutive work shifts is cause for immediate discharge, and such employee automatically waives all rights under these rules and regulations.
Section 10.2.1 Job Abandonment
An employee is deemed to have resigned from their position if they are absent for three (3) consecutive scheduled work shifts without prior authorization and without notification during the period of the absence. The employee will be given written notice, at their address of record, of the circumstances of the job abandonment, and an opportunity to provide an explanation for the employee’s unauthorized absence. An employee who promptly responds to the agency’s written notice, within the timeframe set forth in the written notice, can arrange for an appointment with the Personnel Director before final action is taken, to explain the unauthorized absence and failure of notification. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee separated for job abandonment has the right to a post-separation appeal.
Section 10.3 Holidays
The holidays observed in the City shall be posted each year. See specific M.O.U. Memorandum of Understanding.
Section 10.3.1 Paid Holiday
Paid A paid holiday is paid time off for certain designated holidays or pay in lieu of holidays for personnel who are assigned to work on holidays. If any supervisor deems that adequate need exists and requests an employee to work on a holiday, the employee has no right to decline. An employee who is required to work on a paid holiday will receive an extra day of pay for the holiday worked, or the day may be taken at a later time as the employee and the department head August 08, 2023 Regular Meeting of the Lindsay City Council
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see fit. As far as practical, holiday work shall be equally distributed among employees. No department head or supervisor is free to leave his department to observe a holiday until a necessary level of staffing has been achieved.
Section 10.3.2 Holiday Falling On Weekend
When a holiday falls on a Sunday, the holiday will be observed on the following regular business day (typically Monday)the following Monday is a holiday. If a holiday falls on a Saturday, the holiday will be observed on the preceding regular business day (typically Friday).preceding Friday is a holiday.
Section 10.3.3 Overtime Compensation for Holidays Worked Employees who work on a holiday, because it occurs during their regular work schedule in addition to regular pay, because it occurs during their regular work schedule in addition to regular pay are entitled to either pay at straight time or one day’s compensatory time.
All other overtime compensation for time worked on holidays shall be paid the rate of 1-1/2 times the hourly rate based on the employee’s monthly salary, unlicensed unless an employee prefers compensatory time.
Section 10.3.4 Employee Request
A city employee who wishes to observe holidays peculiar specific to his or her race culture, national origin, or religion may do so with the approval of his/her department head. This time off is charged to compensatory time or vacation.
Section 10.4 Overtime
It is the policy of the City’s to compensate non-exempt employees who work authorized overtime either by payment of wages for each hour worked over forty (40) in a work week or as agreed in the applicable Memorandum of Understanding ( M.O.U. ), or by the allowance of accrual of compensatory time off. Overtime is compensated at one and one halfone-half times the Fair Labor Standards Act regular rate of pay. In order to qualify for either, the employee must make the appropriate entry on the time sheet, as soon as practical after overtime is worked.
Section 10.5 Compensatory Time Off Policy
Section 10.5.1 Supervisor Approval Required Before Work A non-exempt employee may opt to accrue compensatory time-off ("CTO") in lieu of cash payment for overtime worked if his or her supervisor agrees prior to overtime work being performed.
Section 10.5.2 Accrual Rate
CTO accrues at the rate of 1.5 hours for each hour worked over 40 hours of actual work in the employee’s work week. CTO cannot be accumulated in excess of [100] hours at any given time.
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Section 10.5.3 Employee Requests to Use CTO
The City will grant an employee’s request to use accumulated CTO provided that: (1) the department can accommodate the use of CTO on the day requested without undue disruption; and (2) the employee makes the request in writing to the supervisor no later than five days prior to the date requested. If the employee does not provide five days’ notice, or if the department cannot accommodate the time off, the City will provide the employee the opportunity to cash out the CTO requested at the end of the current pay period.
Section 10.5.4 City Cash Out
The City reserves the right to cash out accumulated CTO at any time.
Section 10.5.5 Employee Cash Out
During employment, CTO is cashed out at the employee’s current FLSA regular rate of pay (including all FLSA-applicable salary differentials). Employees separating from City service shall be compensated for all accrued, unused compensatory hours at the current FLSA regular rate of pay, or the average regular rate for the prior three years, whichever is higher.
Section 10.6 General Overtime Policy
No non-exempt employee is authorized to “volunteer” work time to the Department. All requests to work overtime shall be approved in advance by a supervisor. If circumstances do not permit prior approval, then approval shall be sought as soon as practical during the overtime period or immediately thereafter. Working overtime without approval is grounds for discipline.
Section 10.7 Employees Responsibility
Employees shall complete the requests immediately after working the overtime and turn them in to their immediate supervisor.
Section 10.8 Supervisors Responsibility
The supervisor who verifies the overtime earned shall approve the request. After the entry has been made on the employee’s time sheet, the time sheet shall be forwarded to the department head for final approval.
Section 10.9 Accounting for Overtime Worked
Employees are to record the actual time worked in an overtime status. In some cases, an M.O.U. or other contract provides that minimum time will be paid, ( e.g. two hours, for call out). The supervisor will enter the actual time worked.
Section 10.10 Accounting for Portions of an Hour
Partial hours for overtime worked are to be accounted for in quarters of an hour. One quarter is equivalent to fifteen minutes as indicated by the following chart.
TIME WORKED INDICATE ON TIMESHEET
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1 – 15 Minutes ¼ hour
16 – 30 Minutes ½ hour
31 – 45 Minutes ¾ hour
46 – 60 Minutes 1 hour
Section 10.11 Variations in Time Reported
Where two or more employees are assigned to the same activity and the amount of time for which payment is requested varies from that reported by the other employee, the supervisor may require each employee to include the reason for variation on the back of the overtime payment request.
Section 10.12 Off-Duty Employment
No City employee may accept gainful employment during off-duty hours unless prior approval is obtained from department head and City Manager.
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LEAVES OF ABSENCE
Section 11.1 Vacation Leave of Employee
Full time employees receive ten (10) days of vacation for the first five years of employment. Full time employees with five (5) years of continuous service will receive eleven (11) days per year.
Full time employees with seven (7) years of continuous service will receive thirteen (13) days per year of vacation. Full time employees with ten (10) years of continuous service will receive fifteen (15) days per year of vacation.
Section 11.1.1 When Vacation Leave is Earned
Full time employees accrue vacation leave while in paid status, including while on paid sick leave or other forms of paid leave.is earned by:
(a) A full time employee on sick leave with pay;
(b) An employee on paid leave of absence on account of disability created by on the job accident while working for the city.
An employee on jury leave. It is not earned by an employee on unpaid leave of absence, nor by one on leave covered by a private disability insurance plan.
No vacation leave is It is not earned while an employee is on an by an employee on unpaid leave of absence, or a leave by one on leave covered by a private disability insurance plan or by Ttemporary, emergency, or and extra help employees do not earn vacation leave.
Part time employees only earn pro- rated vacation leave after 5 years of uninterrupted service.
Section 11.1.2 Effect of Holiday on Vacation Leave
An employee is not charged vacation leave for a holiday occurring during his vacation leave.
Section 11.1.3 Changing Vacation Leave to Sick Leave
Vacation leave may be changed to sick leave upon submission of a doctor’s certificate stating that the employee is ill and unable to work. Such change in leave shall be approved by the City Manager.
Section 11.2 Sick Leave
The purpose of this section is to provide an orderly methods of furthering the health and safety of city employees. Sick leave is not a right, which an employee can use at his or her discretion, but a privilege which is allowed only in the case if illness, bodily injury, exposure to contagious disease, medical or dental appointment or attendance upon an ill or injured member of employee’s immediate family. Sick leave may not be granted for absence caused by intoxication Formatted: No bullets or numbering
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or excessive use of alcoholic beverages. To be paid for sick leave, an employee must notify his supervisor before the time for beginning his/her daily duties. Section 11.4 covers leave of absence caused by on-the-job injuries. The finance office shall maintain sick leave records for all city employees. Sick leave is paid leave from work that an employee may use for the following purposes:
(a) Diagnosis, care, or treatment of an existing health condition of, or preventative care for the employee themselves or any of the following family members of the employee: a child of any age or dependency status; a parent; a parent-in-law; a spouse; a registered domestic partner; a grandparent; a grandchildren; or a sibling; or (a)(b) For an employee who is a victim of domestic violence, sexual assault, stalking, or other crime in order for the employee to engage in any of the following activities:
(1) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; (2) obtain medical attention or psychological counseling, services from a shelter, program or crisis center, or (3) participate in safety planning or other actions to increase safety.
Section 11.2.1 Accrual of Sick Leave
Regular employees accrue A regular employee accrues sick leave beginning on the first day of employment at the rate of 3.08 hours per pay period (10 days per year; sick leave hours may be used beginning on the 90th day of employment. Sick leave is accrued at the rate of 3.08 hours per pay period (10 days per year). Upon separation from City service sick leave is lost.
All other employees who have worked for the City for thirty or more days within a year will accrue one hour of paid sick leave for every 30 hours worked. Accrued and unused sick leave carries over to the following year of employment but the employee will stop earning sick leave once they have accrued 48 hours or six work days/shifts, whichever is greater. . Part-Time Employees Sick Leave / Healthy Workplace Healthy Family Act of 2014 (AB 1522)
An employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment, is entitled to paid sick leave.
Employees, including part-time and temporary employees, will earn at least one hour of paid leave for every 30 hours worked. Accrual begins on the first day of employment or July 1, 2015, whichever is later.
Exceptions: Employees covered by qualifying collective bargaining agreements, InHome Supportive Services providers, and certain employees of air carriers are not covered by this law.
An employer may limit the amount of paid sick leave an employee can use in one year to 24 hours or three days. Accrued paid sick leave may be carried over to the next year, but it may be capped at 48 hours or six days.
An employee may use accrued paid sick days beginning on the 90th day of employment.
An employee may request paid sick days in writing or verbally. An employee can take paid leave for employee’s own or a family member for the diagnosis, care or treatment of August 08, 2023 Regular Meeting of the Lindsay City Council
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an existing health condition or preventive care or for specified purposes for an employee who is a victim of domestic violence, sexual assault or stalking.
Section 11.2.2 When Right to Take Sick Leave BeginsUse of Sick Leave An employee may use accrued sick leave, in a minimum increment of two hours, beginning on the 90th day after the first day of employment with the City, subject to the limits and request provisions in this policy. A regular employee may take paid sick leave beginning the seventh month of employment.
Section 11.2.3 Use of Sick LeaveSick Leave Request
An employee with approval of the department head my use accumulated sick leave for dental or medical appointments during working hours not exceeding four (4) hours at one time. An employee is not charged sick leave for an appointment if time absent is less then one (1) hour.
An employee, with prior approval of the department head, may use accumulated sick leave to attend an ill or injured member of his/her immediate family, up to a maximum of five (5) days a year. This includes time off in order to take a member of his immediate family to or from the hospital. In addition, another three (3) days accumulated sick leave may be used with prior approval of department head for critical illness in the immediate family when death appears to be imminent. Sick leave granted under this subsection shall be indicated on employee’s time sheet and his personnel records shall be noted accordingly.
If the need for leave is foreseeable, an employee must give their immediate supervisor reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this policy without good reason, may result in the employee being treated as absent without leave.
Section 11.2.4 Return to Employment After Sick LeaveCertification of Sick Leave The department head or Personnel Director may require a physician’s certification to support any absence due to illness or injury for more than three calendar days, or if the City suspects there is an abuse of sick leave. Employees who use paid leave to address issues related to domestic violence, sexual assault, stalking, or other crimes and who cannot provide advance notice of their need for leave must provide certification of the need for leave within a reasonable time thereafter, as outlined in Labor Code section 230, subsection (d).
When an employee returns to duty after an absence of three days or more chargeable to sick leave, the department head or Personnel Director may require an affidavit showing the nature of the cause of sickness or injury. If absence is five (5) days or longer, the department head or Personnel Director may require a signed statement from a doctor or dentist that the employee was incapacitated and unable to perform his or her duties throughout the entire period of sick leave, unless the City Manager grants a waiver. In case of frequent use of sick leave, an employee may be requested to file a physician’s statement for each illness regardless of duration.
Section 11.2.5 Return to Employment after Sick Leave
On return to duty after a leave of absence due to illness or injury, an An employee may be required to take an examination by a physician designated by the City to determine the August 08, 2023 Regular Meeting of the Lindsay City Council
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employee’s fitness for duty. On the basis of authoritative medical advice, the City Manager shall determine whether an employee is physically fit to perform for the duties of his/her position and when the employee can be reasonably accommodated if disabled and may take the action he/she considers appropriate.
Section 11.2.6 Sick Leave on Separation from Employment Unused sick leave is not cashed out upon termination, resignation, retirement, or other separation from employment. Unused sick leave may be converted to retirement service credits only as may be permitted under applicable retirement system laws and regulations.
Employees shall not be permitted to exhaust sick leave in order to extend the effective date of a disability retirement. Employees who are qualified for a disability retirement, regardless of whether the disability retirement application is employer or employee originated, may be retired by the City immediately without exhausting their sick leave.
If an employee separates and is rehired within one year from separation, accrued and unused sick leave, to a maximum of six (6) days or 48 hours, whichever is greater, will be reinstated. An employee who worked at least 90 days in the initial employment with the City may immediately use reinstated sick leave. An employee who had not worked 90 days in the initial employment with the City must work the remaining amount of the 90 day-qualifying period to be able to use accrued sick leave.
Section 11.3 Extended Medical Leave
In the case of an employee’s continued illness after the expiration of sick leave, his or her absences may then be charged to compensatory time accrued or vacation leave accrued with the approval of department head. Upon the complete use of sick leave, vacation and compensatory time accrued, the City Manager may grant a medical leave of absence without pay upon written request of the employee, setting for the reason for the request. The approval by the City Manager shall be in writing. If the employee is not able to return to work by the end of that period, he/she may request further medical leave and the City Manager may grant or deny the request. If no further leave is granted, failure on the part of the employee on leave to report promptly at its expiration shall be cause for immediate discharge. Employees may also be entitled to extended medical leave under state or federal law, or in appropriate cases as an accommodation for a qualifying disability. The City may, to the extent permitted by law, run paid leave accruals concurrently with statutory leave rights.
Section 11.4 On DutyOn-Duty Injuries
The purpose of this policy is to provide for the reporting of on-duty injuries or death to Risk Management, ensure proper medical attention is received, and document the circumstances of the incident. An employee injured in the course of his/her employment must report the accident to his supervisor as promptly as possible. The employee must be given the State “Employee’s Claim for Workers’ Compensation Benefits” form within twenty-four (24) hours of notification by the employee. The form must be given out regardless of whether or not the employee receives first, aid, seeks medical treatmentreatment,t or loses any time from work.
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