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4. Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, an employee may require the employee to provide a copy of the military member’s active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member’s active duty service. A copy of the new active duty orders or similar documentation shall be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA and CFRA regulations.
Employees who request leave for their own serious health condition or to care for a child, parent or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City. If the leave is requested because of the employee’s own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position.
Employees who request leave to care for an injured service member who is a child, spouse, parent, or “next of kin” of the employee must provide written certification from a health care provider regarding the injured service member’s serious injury or illness.
AB. Time To Provide A Certification
When an employee's leave is foreseeable and at least 30 days notice has been provided, if a medical certification is requested, the employee must provide it before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts.
BC. Consequences For Failure To Provide An Adequate Or Timely Certification If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided.
C. Recertification
If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider’s opinions when there is a recertification.
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D. Personnel Director’s Review of Certification for Employee’s Own Serious Health Condition
Complete and Sufficient: The employee must provide a certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive.
If the certification is incomplete or insufficient, the Personnel Director will give the employee written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies.
Authentication and Clarification: After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee’s own serious health condition, the Personnel Director may contact the health care provider who provided the certification to clarify and/or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The Personnel Director may not ask for additional information beyond that required on the certification form.
E. Second and Third Medical Opinions for Employee’s Own Serious Health Condition
If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City.
If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee.
F. Intermittent Leave Or Leave On A Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition{"serious health condition"}, the employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule.
Section 11.17.811.8.9 Employee Notice of Leave
Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days’ notice is required. In addition, if an employee September 12, 2023 Regular Meeting of the Lindsay City Council
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knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. If the City determines that an employee failed to provide timely notice of a foreseeable leave, absent an emergency need’s notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the start granting of the leave until it the City can, in its discretion, adequately cover the position with a substitute.
Section 11.17.911.8.10 Reinstatement Upon Return From Leave (a) Reinstatement to Same or Equivalent Position:A. Right To Reinstatement (b)
(a) Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.
(c) I
(d)
(b) If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. (c) Employee’s Obligation to Periodically Report on Their Condition: Employees may be required to periodically report on their status and intent to return to work.
This will avoid any delays to reinstatement when the employee is ready to return. (d) Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform their job, the employee must obtain and present a fitness-for-duty certification from the health care provider stating that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.
(e) Reinstatement of “Key Employees”: Under the FMLA only, the City may deny reinstatement to a “key” employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. This provision applies to FMLA leave only, and does not apply during or upon the expiration of CFRA leave.
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Section 11.8.11 Required Forms
Employees must complete any applicable forms to receive family and medical care leave. The forms are available from the Human Resources Department.
Section 11.1811.9 Authorized Leave of Absence Without Pay A department head may grant an employee a leave of absence without pay for not more then ten (10) days when it is in the best interest of the city, and on approval of the City Manager. Any leave of absence in excess of ten (10) days can only be granted by the City Manager.
Section 11.189.1 Return From Leave
Return from leave:
(a) Failure of an employee to return to duty upon the termination of authorized leave of absence is an unauthorized leave of absence and is cause for discharge. (b) Upon return an employee may be required to submit to medical examination to determine whether or not he/she is still capable of performing the duties of his/her position. When a physical examination discloses that an employee is not physically capable of performing his/her duties, the City shall offer him/her any vacant position in the city for which he/she is qualified. If an employee is no longer physically capable of performing the duties of a vacant position, he or she shall be terminated.
Section 11.1910 Pregnancy Disability Leave
An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid pregnancy disability leave for the number of hours the employee would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works 40 hours per week, “four months” means 693 hours of leave entitlement, based on 40 hour per week times 17 1/3 weeks. An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leaveup to four months.
Section 11.1910.1 Notice & Certification Requirements
1. Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice and must be approved by the employee’s supervisor or department director before the leave begins. The request must be supported by a written certification from the attending physician stating (1) that the employee is disabled from working by pregnancy, childbirth or a related medical condition, (2) that: (1) the employee is disabled from working by pregnancy, childbirth or a related medical condition; (2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and (3) the estimated duration or end date of the leave. The certification must state the expected duration of the disability and the expected date of return to work.
2. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the department director prior to being taken. Requests for an extension of leave must be submitted in writing to the department director prior to the agreed date of return and must be supported by a written certification September 12, 2023 Regular Meeting of the Lindsay City Council
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of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition. The maximum pregnancy disability leave is four months.
Section 11.1910.2 Compensation During Leave
Pregnancy disability leaves are without pay. However, the employee may first use accrued sick leave, vacation leave, and then any other accrued paid time off during the leave.
Section 11.1910.3 Benefits During Leave
1. Group Health Insurance: An employee on pregnancy disability leave may continue to receive any group health insurance coverage that was provided before her leave, beginning on the date the pregnancy disability leave begins and continuing for up to four months in a 12-month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The City may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave, unless the reason for the failure to return is a circumstance beyond her control or the use of the separate right to 12 weeks of bonding leave under the FMLA and/or CFRA.An employee on pregnancy disability leave may receive any group health insurance coverage that was provided before the leave on the same terms as provided to other employees who become disabled off-duty, if: 1) the employee is eligible for concurrent family medical leave; and 2) the employee has not already exhausted this 12-week group health insurance coverage benefit in the current family medical leave eligibility period. The City may recover premiums it paid to maintain health coverage, as provided by the family and medical leave laws, if an employee does not return to work following pregnancy disability leave.
2. An employee on pregnancy disability leave who is not eligible to receive group health insurance coverage as described above, may receive health insurance coverage in conjunction with COBRA guidelines by making monthly premium payments to the City.
32. Sick and Vacation Leave Accrual: Sick leave and vacation leave do not accrue while an employee is on unpaid pregnancy disability leave.
3. Employee Status during Leave: The employee retains employee status during the leave. The leave is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employee benefit plan. Benefits will be resumed upon the employee’s reinstatement in the same manner and at the same levels as provided when the leave began, without any new qualification period, physical exam, or other qualifying provisions
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Section 11.1910.4 Reinstatement
1. Upon the expiration of pregnancy leave, and the City’s receipt of a written statement from the health care provider that the employee is fit to return to duty, the employee will be reinstated to her original or a comparable n equivalent position, so long as it was not eliminated for a legitimate business reason during the leave.
2. If the employee's original position is no longer available, the employee will be assigned to an open position that is substantially similar in job content, status, pay, promotional opportunities, and geographic location as the employee's original position.
3. If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation.
4. An employee who fails to return to work after the termination of her leave loses her reinstatement rights.
Section 11.2011 Unauthorized Leave of Absence
An unauthorized leave of absence is treated as time not worked.
Section 11.21 Deduction
For an unauthorized leave of absence, the City shall deduct from the employee’s pay an amount equal to time absent.
Section 11.2212 Sick Leave Donations
In the event, an employee is unable to work due to catastrophic illness or, surgery (either their own or that ofa qualifyingof a qualifying family member), City employees may donate their accrued sick leave to another employee under the following conditions:
Employee will be out of work in excess of two weeks (80 hours). The sick/injured employee has exhausted all of his/her accrued sick, vacation, and compensatory time.
Individual employees may donate sick leave hours, which are in excess of forty (40) accrued hours with a cap of twenty (20) hours per fiscal year. Employees, who are terminating their employment with the City, may not donate their sick leave hours to another employee.
Any employee requesting a donation of sick leave hours shall submit a written request to the Department head requesting authorization to obtain the donation of sick leave hours from their fellow employees.
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Once hours are donated and received, the donation is irrevocable.
Section 11.2313 Leave Requests
The following procedure shall apply for all leave requests other than for sick leave:
A) Leave requests shall be made in writing using the City of Lindsay Leave Request Form, which will be available at each department work site. No leave will be considered approved until the form is signed by the employee’s department head or his/her designee and a copy of the form is returned to the requesting employee.
B) Vacation requests should be made at least two weeks in advance. In those cases where multiple employees are requesting the same time period off, the order in which the requests are received shall determine which employee employees are granted vacation leave.
C) Special request for one day off which was not a planned vacation may be made at any time prior to the day to be taken. The leave request form must be submitted and approved prior to the employee taking the day off.
D) Upon receiving a leave request, the department head shall approve/deny the request and forward a copy to the requesting employee and to the finance department. In the case of denial, the department head shall indicate on the form the reasons for the denial.
E) Employees who are denied a leave request may appeal to the Personnel Director.
Section 11.2414 Temporary and Part TimePart-Time Employees Not Eligible Temporary employees, including emergency and extra help employees, are not eligible for paid benefits, including paid leaves of absence unless the law requires otherwise. Part tim Parttimeetime employees are not eligible for benefits or leaves of absence other than vacation after five years of service.
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TRANSFER AND DEMOTION
Section 12.1.1 Involuntary Transfer
The City may initiate employee transfers when the transfer is in the best interest of the City. City initiated transfers shall not serve the required probationary period in accordance with Rule 9.
Upon approval of the Personnel Director and City Manager, the department head may transfer an employee anytime from one position to another position in a comparable class where the salary range is the same, involves the performance of similar duties and requires substantially the same basic qualifications. However, the employee shall be consulted prior to any transfer. Any employee who is transferred from one position to another position in the same or similar class shall be compensated at the same step and salary range the employee received in the previous position. The salary anniversary date shall not change. Employees may appeal the transfer within five (5) days to the City Manager whose decision is final.
Section 12.1.2 Voluntary Transfer
An employee’s request for transfer to another type of work or department normally will be considered only after successful completion of the probationary period. Employees requesting a transfer shall submit a memorandum to the Personnel Director and City Manager detailing the request for transfer and reasons for the request. Upon receipt of the transfer request, the Personnel Director will notify the employee’s Department Head. Job performance, qualifications, attendance, and other factors shall be evaluated to ensure the most effective use of the employee’s capabilities in evaluating the transfer request. The Personnel Director will communicate to the employee whether the request is granted. When the foregoing factors are substantially equal, transfers shall be determined by City seniority. Employees transferred to a vacant position at their request shall serve a new probationary period in accordance with Rule 9.
If the transfer involved a change from one department to another, both department heads must consent thereto unless the City Manager orders the transfer.
Transfer A transfer shall not be used to effectuate a promotion or demotion, each of which may be accomplished only as provided in the personnel rules and regulations.
Section 12.2 Demotion
The City Manager may demote an employee for disciplinary purposes. No employee shall be demoted to a position who for which they dodoes not possess the minimum qualification.
Disciplinary demotion action shall be in accordance with Rule 14.
Demotion is the removal of an employee from his or her present position to a lower payinglowerpaying position... A Department Head may request the City Manager demote an employee for any of the following reasons:
(a) At the request of an employee, provided the employee possesses the minimum qualifications for the demoted position.
(b) Failure to meet the job-related standards of a promotional probation. (c) For disciplinary actions (see Rule 14).
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(d) For displacement.
Employees requesting a voluntary demotion shall submit a memorandum to the Personnel Director and City Manager detailing the request for voluntary demotion and reasons for the request. Upon receipt of the request for voluntary demotion, the Personnel Director will notify the employee’s department head. If the request for voluntary demotion involves a change from one department to another, both department heads must consent thereto unless the City Manager orders the demotion. Employees demoted at their own request shall be placed at the same step unless another step is mutually agreed to. If the employee has held regular status in the classification to which he or she is voluntarily demoted, probation can be waived upon approval of the City Manager.
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SEPARATION FROM SERVICE
Section 13.1 Abandonment of Position
An employee may be separated from employment if the employee fails to report for duty and is absent from work without approved leave for more than three consecutive work shifts, or fails to report for work upon the expiration of a vacation or a leave of absence where the employee did not notify his or her department head of the reason for the absence. This will be deemed to be a resignation and may result in termination of employment. The Personnel Director shall provide written notice of the proposed action to be taken due to the abandonment to the employeeemployees at the last known address. Said notice shall provide the employee the Skelly prep disciplinary due process. process
Section 13.2 Disciplinary Action
An employee may be separated from employment for disciplinary reasons by the City Manager as provided in Rule 14.
Section 13.3 Layoff
An employee may be separated from employment because of changes in duties or organization, abolishment of position, shortage of work, or funds.
Section 13.3.1 Statement of Intent
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position or employment, the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal.
Section 13.3.2 Notification
Employees to be laid off will be given, whenever possible, at least fourteen (14) calendar days prior notice.
Section 13.3.3 Order of Layoff
Employees will be laid off in the inverse order of their seniority in their classification in the department. Seniority is determined based upon date of hire in the classification and higher classifications in the department. A lay off out of the inverse order of seniority may be made if, in the City’s judgment, retention of special job skills are required. Within each class, employees will be laid off in the following order, unless special skills are required: temporary, part-time, probationary, and regular. In cases where there are two or more employees in the classification in the department from which the lay off is to be made who have the same seniority date, such employees will be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least thirty (30) days and no more than twelve (12) months prior to lay off, as follows:
First, all employees having ratings of “improvement needed;” second, all employees having ratings of “competent;” third, all employees having ratings of “outstanding.” RULE
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Section 13.3.4 Re-employment Rights for Laid-off Employees Regular employees, who have received a satisfactory or better evaluation for the 12 months prior to lay offlayoff, have completed their probationary period and who have been laid off shall be automatically placed on a re-employment list for two (2) years for the classification from which they were laid off.
Section 13.4 Resignation
An employee wishing to leave employment in good standing shall file with the City Manager a written resignation stating the effective date and reasons for leaving, at least two weeks before leaving the service, unless approval for a shorter notice is obtained. Resignation shall be deemed accepted upon submission. A resignation made with the notice required may be regarded as cause for denying the resigning employee future employment with the City, and is a resignation not in good standing.
Section 13.5 Disability and Disability Accommodations
An employee may be separated for disability when the employee cannot perform the essential functions of the job. The City may separate a disabled employee if the employee cannot perform the essential functions of the job with reasonable accommodation. (NOTE: ADD REASONABLE ACCOMMODATION POLICY – PAGE 13).
A. POLICY
The City provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act and the Americans with Disabilities Act. The City may separate a disabled employee if the employee cannot perform the essential functions of the job with reasonable accommodation.
B. PROCEDURE
1. Request for Accommodation
An employee who desires a reasonable accommodation in order to perform essential job functions should make such a request in writing to the Human Resources Department. The request must identify: a) the jobrelated functions at issue; and b) the desired accommodation(s).
2. Reasonable Documentation of Disability
Following receipt of the request, the Human Resources Department may require additional information, such as reasonable documentation of the existence of a disability.
3. Fitness for Duty Examination
The City may require an employee to undergo a fitness for duty examination to determine whether the employee can perform the essential functions of the jubjob with or without reasonable September 12, 2023 Regular Meeting of the Lindsay City Council
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accommodation. The City may also require that a City-approved physician conduct the examination.
4. Interactive Process Discussion
After receipt of reasonable documentation of disability and/or a fitness for duty report, the City will arrange for a discussion, in person or via telephone conference call, with the employee, and his or her representative(s), if any. The purpose of the discussion is to work in good faith to fully discuss all feasible potential reasonable accommodations.
5. Case-by-Case Determination
The City determines, in its sole discretion, whether reasonable accommodation(s) can be made, and the type of accommodation(s) to provide. The City will not provide accommodation(s) that would pose an undue hardship upon City finances or operations, or that would endanger the health or safety of the employee or others. The City will inform the employee of its decision as to reasonable accommodation(s) in writing.
Section 13.6 Retirement
Retirement from employment shall be subject to the terms and conditions of the City’s retirement plan. Whenever an employee meets the conditions set forth in the City’s retirement plan regulations, they may elect to retire and receive benefits earned under the retirement plan.
Section 13.7 Death of Employee
In the event of a death of an employee, payment of earned wages due shall be in accordance with the laws of the state. Unless otherwise provided by law, payment of any other funds due the deceased employee will be paid to the beneficiary so designated in writing by the employee. If no beneficiary has been designated, any funds due shall be paid to the deceased employee’s surviving spouse or domestic partner. In the absence of a surviving spouse or partner, such payment shall be made to the employee’s children. In the absence of children, such payment shall be made to the estate of the deceased employee.
Section 13.8 Return of City-Owned Property
The department head is responsible for the return of city-owned property by the employee leaving the service of the city. The employee shall return the property before he or she is entitled to receive his/her final salary check.
Section 13.97 Exit Interviews
Whenever possible, the Personnel Director shall conduct exit interviews with employees upon separation from employment.
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DISCIPLINARY PROCEDURES
Section 14.1 Policy
The City’s policy on disciplinary actions is founded on the premise that the actions are to be corrective, and any disciplinary actions should reinforce and shape employee behavior in the reasonable and necessary direction actualizing to actualize the City’s goals.
The tenure of every employee shall be based on reasonable standards of person conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action.
Disciplinary actions should be progressively more severe, and commensurate with the seriousness of the offense and with due consideration of the employee’s prior performance record. However, the City may disregard progressive discipline for a serious offense. A serious offense may result in severe discipline. All suspensions, demotions, reductions in salary and terminations of persons with regular status shall be made according to these rules. Employees who are probationary, temporary, part time, or serve pursuant to a contract may be disciplined at any time without cause or right of appeal unless their contract provides otherwise.
Section 14.2 Basis for Disciplinary Action
Basis for disciplinary actions include, but shall not be limited to, the reasons listed below and in accordance with procedures listed in these rules.
(a) Failure to meet work performance standards and requirements; unsatisfactory or careless work; failure to meet production or quality standards as given by employee’s supervisor; or mistakes due to carelessness or failure to get necessary instructions.
(b) Discourteous or disrespectful treatment of other employees, citizens, suppliers, or visitors, or treatment, behavior which does not foster cooperation. (c) Insubordination or refusing to obey supervisor’s directions pertaining to work;, refusal to perform assigned work; or to follow a direct order; or insulting or demeaning the authority of a supervisor or manager.
(d) Willful or negligent disobedience of any law, City or department rule or regulation.
(e) Failure to maintain a neat and clean appearance in terms of the standards established by the employee’s supervisor; any departure from accepted conventional modes of dress or personal grooming; or wearing improper or unsafe clothing.
(f) Excessive use of City telephone for personal calls. (g) Posting, removing or altering notices on any bulletin board on City property without permission of an officer of the City.
(h) Soliciting during working hours and/or in working areas;’ selling merchandise or collecting funds of any kind for charities or others without authorization during RULE
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business hours, or at a time or place that interferes with the work of another employee on City premises.
(i) Conducting a lottery or gambling on City premises.
(j) Misappropriation or damage of public property or waste of public funds or property through negligent or willful misconduct.
(k) Absence without approved leave; leaving work stationworkstation during work hours without supervisor’s permission, except to use the restroom; leaving work before the end of a workday or not being ready to work at the start of a workday without supervisor’s approval; or stopping work before time specified for such purposes.
(l) Failure to report an absence or late arrival; excessive absenteeism; or tardiness. (m) Practicing deception or fraud in the securing of a job appointment or promotion; or failure to supply full information as to character, reputation, or acts which, if known at the time of appointment might have resulted in a disqualification of the employee for the job to which appointment was made.
(n) Falsification or misrepresentation of a relevant official statement, document, reports or records, and employment application, including the omission of information in an attempt to deceive or mislead, or the willful omission of information that, if known, could affect the outcome.
(o) Misappropriation of found property; theft of City property or the property of other employees; unauthorized possession or removal of any City property, including documents, from the premises without prior permission from management; unauthorized use of City equipment or property for personal reasons; or using City equipment for profit.
(p) Violation of the City’s or a department’s confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity Violating the non-disclosure agreement; giving confidential or proprietary City information to other organizations, to unauthorized employees, or to anyone whom issuance of such information has not been authorized; breech of confidentiality of personnel information; or removing the contents of any official record, report, document or other written matter, current or completed.
(q) Lying about sick or personal leave; falsifying reason for a leave of absence or other data requested by the City; or alteration of City records or other City documents.
(r) Failure to use or alteration of time cards, attendance documents or other records; altering such records of another employee, or causing someone to alter such records which is considered theft of time.
(s) Neglect of duties.
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(t) Being intoxicated or under the influence of intoxicants, drugs or narcotics while at work; or use, possession or sale of such in any quantities while on City premises except medications prescribed by a physician, which do not impair work performance. Possessing or using alcohol in City offices or facilities. (u) Smoking while on duty in an area where smoking is prohibited or at nondesignated times, as specified by department rules. (v) Incompetency.
(w) Inefficiency.
(x) Dishonesty.
(y) Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and lack of harmony; interfering with another employee on the job; or willfully restricting work output or encouraging in other to do the same. (z) Improper withdrawal or limitation of service or any action that interferes with or is disruptive of the City mission or the public service. (aa) Any act or statement, oral or written, which tends to bring the City, it’s employees or officers into disrepute or ridicule.
(bb) Use of coarse, obscene, profane, or insolent language or gestures to any Other employee or the public; indifference or rudeness towards the public or any other employee; or any disorderly/antagonistic conduct on City premises. (cc) Sleeping while on duty; or loitering or loafing during working hours. (dd) Improper political activity.
(ee) Unauthorized possession of dangerous or illegal firearms, weapons or explosives on City property or while on duty, or displaying or brandishing any firearm or weapon, whether in jest or otherwise, in any manner which can be construed as careless, threatening or dangerous except in the performance or of official duties. (ff) Receiving or accepting, directly or indirectly, any money, gift, reward, service, gratuity, favor, hospitality, loan or other consideration for any service or official action rendered by the employee, without first securing the written permission from the City Manager.
(gg) Use of influence of position with the City for private gain or advantage, or the use of time, facilities, equipment or supplies for private gain or advantage. (hh) Engaging in an act of sabotage; or negligently causing the destruction, damage, loss or misuse of City property, or the property of any employees, customers, suppliers, or visitors; or the failure to immediately report damage, loss or an accident involving City equipment.
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(ii) Negligence or any careless action which endangers the life or safety of another person; willful violation of security or safety rules or failure to observe safety rules or safety practices; failure to wear required equipment; or tampering with safety equipment or other devices.
(jj) Negligence or any careless action which endangers the life or safety of another person; willful violation of security or safety rules or failure to observe safety rules or safety practices; failure to wear required equipment; or tampering with safety equipment or other devices.
(kk)(jj) Fighting, or horseplay, or provoking a fight while on duty. (ll)(kk) Conviction of a felony or misdemeanor when there is a nexus to the workplace.
The word, “convicted’ shall be construed to mean pleas of guilty, or nolo contendere, regardless, of whether any sentence is imposed by the court. (mm)(ll) Engaging in criminal conduct or acts of violence, or making threats of violence toward anyone on City premises or when representing the City. (nn)(mm) Threatening, intimidating or coercing other employees on or off the premise at anytime, for any purpose.
(oo)(nn) Immoral conduct or indecency on City property; or failure to exhibit acceptable behavior either during or outside duty hours such that the employee’s ability to perform his or her duties is impaired; or the ability of the City to perform its’ mission is or may be impaired; or causes the discredit to the City. (pp)(oo) Refusal to take and subscribe any oath or affirmation, which is required by law in connection with employment.
(qq)(pp) Unlawful discrimination, harassment or retaliation. (rr)(qq) Unapproved outside employment or activity, or other enterprise that constitutes a conflict of interest with service to the CityConflict of interest. (ss)(rr) Any conduct that impairs, disrupts or causes discredit to the City, to the public service, or other employee’s employment Any deliberate action that is extreme in nature and is detrimental to the City’s efforts to operate efficiently. (tt)(ss) Working overtime without authorization or refusing to work assigned overtime. (uu)(tt) Any violation or action inconsistent with these personnel system rules or officially promulgated City rules, regulations or policies.
Section 14.3 Types of Discipline
The following are types of counseling, reprimands and discipline which the City may impose:The following procedures shall be followed when, in the judgment of the department head, an employee has committed an act or omission that justifies disciplinary action. Disciplinary actions may range from informal conversations to formal termination. A typical progressive sequence of disciplinary actions used by the City is:
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1. Counseling: The immediate supervisor usually counsels the employee.
Counseling is informal discussion with an employee designed to assist the employee to fully develop his or her skills and abilities. The discussion may include, but shall not be limited to, clarifying standards, setting expectations and areas of concern, seeking information, or problem solving. Counseling is usually the action taken to assist the employee in clarifying the need for improvement.
To provide both the supervisor and employee with a permanent record of a counseling, a written memo may be sent to the employee to clarify verbal agreements and the need for possible behavior change. No record of the counseling is placed in the employee’s permanent personnel file unless disciplinary action of at least a written reprimand is later issued on the same problem.
A counseling memo is not considered “punitive action” under the Public Safety Officers Procedural Bill of Rights Act
2. Verbal Reprimand: A verbal reprimand is a verbal direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue.
A verbal reprimand will be documented in writing and retained in the supervisor’s file until the completion of the evaluation year and then documented in the performance evaluation, as the supervisor deems necessary. A verbal reprimand is not subject to the discipline or discipline appeal procedures described below.Oral reprimand: The oral warning notifies the employee that his or her performance or behavior must be improved. Oral warnings are given by supervisors when counseling has failed to produce the desired change.
The warning shall define the areas in which improvement is required, set goals leading to this improvement, and shall inform the employee that failure to improve will result in more serious action. To provide both the supervisor and employee with a permanent record of a specific violation, a written memo may be sent to the employee confirming the conversation. The memo shall state the offense and consequences if corrective action is not taken. No record is placed in the employee’s permanent personnel file unless subsequent action is necessary.
3. Written reprimand: A written reprimand is written direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue.warning is a formal notice to an employee of a performance or conduct problem.
The content of the written warning shall define what occurred, the date and time of event which is the cause of the reprimand, what was violated by the employee, what the employee is directed to do to correct the situation, and the employee’s right to respond in writing within five (5) working days of the reprimand. The written reprimand shall be signed by the employee’s supervisor, or department head, countersigned by the employee, and filed with the personnel officer. If the employee refuses to sign, it this shall be noted as such on the memorandum.
When the written warning is issued, the employee, shall receive one copy with both signatures affixed and a copy will be placed in the employee’s permanent personnel file. The employee has the right submit a written rebuttal to the September 12, 2023 Regular Meeting of the Lindsay City Council
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Personnel Director or designee within 5 working days. Such rebuttal shall be attached to and stored alongside the reprimand in the employee’s personnel file along with the employee’s response if any. Unless required by law, a written reprimand is not subject to the discipline or discipline appeal procedures described below.
4. 4. Suspension Without Pay: A department head may suspend an employee from his or her position without pay for cause. Documents related to a suspension shall become part of the employee’s personnel file when the discipline is final. An employee subject to suspension will receive prior written notice and right of appeal as provided herein. Employees who are exempt from FLSA overtime requirements will only be subject to suspension where a suspension is consistent with FLSA regulations.
5. 5. Demotion: A department head may demote an employee from his or her position for cause. Documents related to a demotion shall become part of the employee’s personnel file when the discipline is final. An employee subject to demotion will be entitled to prior written notice and right of appeal as provided herein.
6. 6. Reduction in Pay or Paid Leave Accruals: A department head may reduce an employee’s pay or paid leave for cause. A reduction in pay for disciplinary purposes may take one of two forms: (1) a decrease in salary to a lower step within the salary range;, or (2) a decrease in salary paid to an employee for a fixed period of time; or (3) loss of accrued paid vacation or administrative leave, floating holiday, or other general-purpose paid time off.
Documents related to a reduction in pay shall become part of the employee’s personnel file when the discipline becomes final. An employee subject to a reduction in pay is entitled to prior written notice and right of appeal as provided herein. Employees who are exempt from the FLSA overtime requirements are not subject to pay reduction, except loss of accrued vacation, floating holiday, or administrative leave.
7. 7. Discharge: A department head may discharge an employee from his or her position for cause. Documents related to discharge shall become a part of an employee’s personnel file when the discipline becomes final. A discharged employee is entitled to prior written notice and right of appeal as provided herein.
Section 14.4 Written Notice of Intent to Discipline
Only regular, for-cause employees have the right to the conference and appeal process outlined in Sections 14.4, 14.5, and 14.6. Written notice of the proposed disciplinary action (Suspension, Demotion, Reduction Inin Pay, or Termination) shall be given to the employee. Such notice shall include:
(a) A statement which clearly defines the intent to take action, the proposed action to be taken and the effective beginning and ending time of intended action. (b) A statement of the specific grounds and particular facts upon which the proposed disciplinary action will be taken.
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(c) A copy of all written materials, reports or documents upon which the intended discipline is based.
(d) A statement with the date and time of the Skelly conference with the department head.
(e)(d) A statement that the employee will be afforded the right to respond, either orally, in writing, or both within five (5) working days upon receipt of the intended disciplinary action, to the department head, either by requesting a Skelly conference, by providing a written response, or both.
(e) The date and time of the Skelly conference with the department head. (f) Notice that the failure to respond within five (5) working days shall constitute a waiver of the right to respond prior to the imposition of discipline. (f)(g) Notice of the employee’s right to have a representative of their choice at the Skelly conference.
(g)
The employee’s signature on the notice of intent to render discipline shall acknowledge receipt of said notice by the employee. If the employee refused to sign it shall be noted as such on the notice of intent to discipline. The signature documentation on said notice shall acknowledge that the employee received the notice.
Section 14.5 Employee Response
Within five (5) working days the employee shall have the right to respond, in writing, or at the conference to the department head concerning the proposed action (Suspension, Demotion, Reduction in Pay, Termination).
If, within the five (5) working days response period, the employee, does not indicate a desire to participate in the pre-disciplinary Skelly process, the proposed action of the City should be considered conclusive and shall take effect as prescribed.
The employee’s failure to make an oral response at the arranged conference time, or the employee’s failure to cause his or her written response to be delivered by the date and time specified in the notice, constitutes a waiver of the employee’s right to respond prior to the imposition of the discipline. In that case, the proposed disciplinary action will be imposed on the date specified.
Section 14.6 Final Notice of Discipline
Within 5 calendar days of receipt of the employee’s timely written response or within 5 calendar days of the conference, the department head will (1) dismiss the notice of intent and take no disciplinary action against the employee, (2) modify the intended disciplinary action, or (3) impose the intended disciplinary action. In any event, the department head will prepare and provide the employee with a notice that contains the following:
Formatted: No bullets or numbering
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a. The level of discipline, if any, to be imposed and the effective date of the discipline;
b. The specific charges upon which the discipline is based; c. A summary of the facts upon which the charges are based; d. A copy of all written materials, reports, or documents upon which the discipline is based; and
e. A statement of the nature of the employee’s right to appeal and deadline to appeal.
Section 14.7 Relief of Duty
The Personnel Director, or their designee, may place the employee on administrative leave with pay pending the completion of an investigation or opportunity to respond as may be required to determine if disciplinary action is to be taken. In the event of an oral notice, the City Manager shall confirm the action by giving the employee written notice. In the event that the Personnel Director has a conflict of interest, the Finance Director will determine, and confirm with the City Manager, whether it is appropriate to place an employee on administrative leave.
Section 14.8 Appeal
An employee, who desires to appeal to the City Manager or designee shall inform the Personnel Director, or their designee, in writing within five (5) days of the department head’s decision.
The City Manager or designee shall hear the appeal within sixty (60) days after the employee informs the Personnel Director, or their designee. In the event that the Personnel Director has a conflict of interest, the employee shall notify the Finance Director of its desire to appeal.
Section 14.8.1 Request for Appeal Hearing
A regular, for-cause employee may appeal from a final notice of discipline in the form of suspension, demotion, reduction in pay, or termination by delivering a written answer to the charges and a request for appeal to the Personnel Director, or their designee, who will forward the appeal to the City Manager. The written answer and request for appeal must be received no later than 10 calendar days from the date of the department director’s decision. In the event that the Personnel Director has a conflict of interest, request for an appeal hearing should be delivered to the Finance Director.
Section 14.8.2 Date and Time of the Appeal Hearing
The City Manager will set a date for an appeal hearing before himself/herself or the designee within a reasonable time after receipt of a timely request for appeal but no later than sixty (60) days. An employee who, having filed a timely request for appeal, has been notified of the time and place of the appeal hearing, and who fails to appear personally at the hearing, may be deemed to have abandoned his or her appeal. In such a case, the City Manager may dismiss the appeal.
The appeal hearing officer shall be the City Manager or an individual designated by the City Manager, so long as the City Manager did not serve as the Skelly officer for the discipline at issue September 12, 2023 Regular Meeting of the Lindsay City Council
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or has a conflict of interest. In those cases, the appeal hearing officer shall be an impartial individual designated by the City Council.
Section 14.8.3 Identification of Issues, Witnesses and Evidence No later than 10 days prior to the appeal hearing, each party will provide each other and the City hearing officer Manager or designee a statement of the issues to be decided, a list of all witnesses to be called (except rebuttal witnesses), a brief summary of the subject matter of the testimony of each witness, and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing.
The City will use numbers to identify its evidence; the employee shall use alphabet letters.
Neither party will be permitted to call any witness during the hearing who has not been identified pursuant to this section, nor use any exhibit not provided pursuant to this section, unless that party can show that they could not have reasonably anticipated the need for the witness or exhibit. The Personnel Board will state at the beginning of the hearing the decision as to the precise issue(s) to be decided.
Section 14.8.4 Conduct of the Appeal Hearing
a. Subpoenas
The hearing officerCity Manager or designee has authority to issue subpoenas in the name of the City prior to the commencement of the hearing. Each party is responsible for serving his/her/its own subpoenas. City employees who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. City employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify unless the City agrees to a different arrangement. b. Continuances
The hearing officer City Manager or designee may continue a scheduled hearing only upon good cause shown.
c. Record of the Proceedings
All disciplinary hearings may, at the discretion of the parties, be either recorded by a court reporter or tape recorded. Any party who requests a transcript of the proceedings must pay for his/ her/ its own copy of a transcript.
d. The City Manager’s (or designee’s) Hearing Officer’s Authority During the Hearing The hearing officer City Manager or designee has the authority to control the conduct of the hearing and to affirm, modify, or revoke the discipline, but shall not have the power to alter, amend, change, add to, or subtract from any of the terms of these Policies. e. Conduct of the Hearing
i. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner the City September 12, 2023 Regular Meeting of the Lindsay City Council
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Manager or designeethe hearing officer, decides is the most conducive to determining the truth.
ii. Any relevant evidence may be admitted if it is the type of evidence upon which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. iii. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but over timely objection shall not be sufficient in itself to support a finding, unless such evidence would be admissible over objection in civil actions. An objection is timely if made before submission of the case. iv. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. v. Irrelevant and unduly repetitious evidence may be excluded. vii. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon the request of either party. viii. All witnesses shall be sworn in for the record prior to testifying at the hearing. f. Burden of Proof at the Hearing
The City has the burden of proof by a preponderance of the evidence. g. Right to Due Process
The employee shall have the following due process rights during the hearing:
i. The right to be represented by legal counsel or another chosen representative, at his or her own expense;
ii. The right to call and examine witnesses on his or her behalf; iii. The right to introduce evidence;
iv. The right to cross-examine opposing witnesses on any matter relevant to the issues;
v. The right to impeach any witness regardless of which party first called him or her to testify; and
vi. The right to rebut evidence against him or her.
i. Presentation of the Case
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All parties and their counsel or representatives shall not disparage the intelligence, morals, or ethics of their adversaries or the hearing officerCity Manager or designee. The hearing shall proceed in the following order unless the hearing officer City Manager or designee directs otherwise:
i. The City shall be permitted to make an opening statement. ii. The employee shall be permitted to make an opening statement. iii. The City shall produce its evidence.
iv. The employee shall produce his or her evidence.
v. The City, followed by the employee, may offer rebuttal evidence. vi. Closing arguments of no more than 20 minutes shall be permitted at the discretion of the hearing officerCity Manager or designee. The City shall have the right to argue first, the employee may argue second, and the City may reserve a portion of its argument time for rebuttal.
j. Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Board.
k. Written Briefs by the Parties
The hearing officer City Manager or designee or the parties may request the submission of written briefs. The hearing officer City Manger or designee will determine whether to allow written briefs, the deadline for submitting briefs, and the page limit for briefs.
Section 14.8.5. Written Findings and Decision
The hearing officer City Manager or designee shall render a statement of written findings and recommended decision within 14 days after the hearing has been completed and the briefs, if any, have been submitted.
If the City Manager was neither the appeal hearing officer or the Skelly officer the City Manager shall review the findings and recommendations of the appeal hearing officer and may then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken. In such case, or if the City Manager was the hearing officer, the City Manager’s The decision is final. There is no process for reconsideration.
If the City Manager was the Skelly officer, the City Council shall review the findings and recommendations of the appeal hearing officer and may then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken. The decision of the City Council is final.
There is no process for reconsideration.
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Section 14.8.6. Proof of Service of the Written Findings and Decision The City Manager City Manager or designee shall send its the final statement of written findings and decision, along with a proof of service of mailing, to each of the parties and to each of the parties’ representatives.
Section 14.8.8. Judicial Review; Statute of Limitations The City Manager’s (or designee’s) written findings and decision is final. There is no process for reconsideration. Pursuant to Code of Civil Procedure section 1094.6, the parties have 90 days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of Tulare.
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CITY – OWNED EQUIPMENT
Section 15.1 Motor Vehicles – Use
Each city vehicle may be used only on city business and shall be stored in prescribed locations on city property when not in use. Normally, only the City Manager and a department head are allowed to take a vehicle home. The City Manager may make exceptions.
Section 15.2 Assignment
The City Manager shall assign each vehicle into the custody of a department head. The department head is responsible for proper use and safeguarding of that vehicle.
Section 15.3 Operation
Only an employee may operate a city vehicle. No officer or employee shall allow an unauthorized person to rent, borrow or use a city vehicle or permit a hitchhiker or other person not having business with the city to ride in a vehicle. An employee operating a city vehicle who is involved in an accident must report the accident immediately to the police department and the Personnel Director. No city employee may drive a city vehicle who does not have in his/her possession a valid driver’s license. Each city employee shall comply with all city and state laws regarding the operation of city vehicles and is personally responsible for payment of a fine incurred while driving a city vehicle.
Section 15.4 Equipment Other Than Motor Vehicles
No city equipment, instruments, tools, supplies, machines or other items which are the property of the city may be used by an officer or employee engaged in outside employment. No employee shall take city property for personal use without permission of the appropriate department head.
If permission is granted, the employee is responsible for its safe return. No officer or employee shall allow an unauthorized person to rent, borrow, or use city property except with prior permission of the City Manager or appropriate department head.
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POLITICAL ACTIVITY
Section 16.1 Prohibited Conduct:
The City prohibits:
1. Employees and officers from engaging in political activities during work hours;
2. Political campaigning in City buildings or on premises adjacent to City buildings; and
3. An employee or officer from using his or her office to coerce or intimidate public employees to promote, propose, oppose, or contribute to any political cause or candidate.
Section 16.2 Examples of Prohibited Conduct
1. Participate in political activities of any kind while in uniform;
2. Participate in political activities during working hours;
3. Participate in political activities on City worksites;
4. Place or distribute political communications on City property;
5. Use equipment to make political communications;
6. Solicit a political contribution from an officer or employee of the City, or from a person on a City employment list, with knowledge that the person from whom the contribution is solicited is a City officer or employee;
7. Favor or discriminate against any employee because of political opinions or affiliations;
8. Interfere with any election; or
9. Attempt to trade job benefits for votes
16.3 Examples of Permitted Conduct
1. Express opinions on all political subjects or candidates;
2. Become a candidate for any local, state, or national election;
3. Contribute to political campaigns;
4. Join and participate in the activities of political organizations;
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made to a significant segment of the public which may include City officers or employees;
6. Solicit or receive, during off-duty time, political contributions from a City employee organization if the funds, when collected, were not earmarked for a clearly identifiable candidate for a federal, state or local office; or
7. Solicit or receive, during off-duty time, political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of City officers or employees.
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TRAINING OF EMPLOYEES
Section 17.1 Responsibility for Training
It is the policy of the City to encourage the training of employees. The City Manager and department heads have responsibility for developing training programs for employees. Training may include lecture courses, demonstrations, assignment of reading matter or other devices available for the purpose of improving the effectiveness and broadening the knowledge of a municipal officer or employee in the performance of his or her duties.
Section 17.2 Credit for Training
Participation in and successful completion of special training courses may be considered in making advancements and promotions. The employee shall file evidence of training programs with the personnel officer.
Section 17.3 Training Costs
When in the opinion of the City Manager a training course to be taken by an employee will benefit the City, the City Manager may authorize payment by the City of tuition charges, fees and textbooks. Textbooks purchased by the City become the property of the City. When tuition is paid by the City, the employee must file with the Personnel Department written evidence of his or her satisfactorily passing the course or he or she may be required to refund money paid by the City for the course. If the employee is separated from the city service within six ( 6) months after completing the course. This includes training for peace officers where none of the training or only a portion of the training was reimbursed by P.O.S.T. The employee will be responsible for the portion not reimbursed to the City.
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GRIEVANCE PROCEDURE
Section 18.1 PURPOSE
The grievance procedure will give regular employees assurance that the City recognizes their right to be heard and assist them in achieving job satisfaction. The purpose of this procedure is to provide a just and equitable method for the resolution of grievances or complaints without prejudice. The intent of this policy is to:
(a) Promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations:
(b) Give each employee a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion;
(c) Settle grievances as near as possible to point of origin.
1. Supervisors shall make every effort to resolve grievances informally at their level.
(d) Provide that appeals shall be conducted as informally as possible.
Section 18.2 Definition of Grievance
Subject to the exclusions listed, a grievance is defined as any dispute that: (1) is job-related, (2) is wholly or partially within the province of the City to rectify or remedy, (3) concerns terms and conditions of employment, (4) involves the interpretation, application, or alleged violation of these rules or a current Memorandum of Understanding (MOU) between the City and a recognized employee organization representing City employees, and (5) is not subject to any other City dispute resolution process or procedure that is provided by statute, ordinance, resolution or agreement.
Section 18.3 Grievance Procedure
In every case involving a grievance, the employee shall first make an effort to resolve the grievance with his/her supervisor without delay. If the employee does not believe the problem is satisfactorily resolved, he/she may appeal in writing on the grievance form to the department head. The appeal must be filed within thirty (30) days of the date the employee knew or should have known of the circumstances giving rise to the grievance.
Section 18.4 Investigation of Facts/Decision of Department Head The department head shall investigate the facts and issues and shall decide the matter at the earliest date consistent with the nature of the investigation but in any event, within 5 working days. The Department Head shall personally notify the employee of his/her decision in writing on the grievance form.
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Section 18.5 Appeal to Personnel Director, Designee, or Finance Director If the employee desires to pursue the matter further, he/she shall notify the Personnel Director, or designee, in writing on the grievance form within five (5) working days of the Department Head’s decision. In the event that the Personnel Director has a conflict of interest, the employee shall notify the Finance Director.
Section 18.6 Employee Meeting
Within ten (10) days after the Personnel Director, designee, or Finance Director receives the grievance complaint, he/she will arrange a meeting of the employee, employee representative (if any,) and department head. At the meeting an earnest effort shall be made to arrive at a satisfactory resolution of the issue.
Section 18.7 Written Decision
If a resolution is not reached at the employee meeting, the Personnel Director, designee, or Finance Director shall make his/her decision in writing five (5) working days after the date of the meeting. The decision of the Personnel Director, designee, or Finance Director is final.
Section 18.8 Regulations During Grievance Procedure:
The following regulations apply during the grievance procedure:
(a) An employee may request the assistance of another person of his/her own choosing in preparing and presenting the appeal at any level of the review; (b) The employee and his/her representative may use a reasonable amount of work time, determined by the appropriate department head, in conferring about and presenting the grievance.
(c) The time limits specified in this rule may be extended to a definite date by mutual written agreement of the parties;
(d) An employee may drop proceedings upon written notice at any state of the procedure;
(e) The result of final adjudication shall be in writing and acknowledged by the signature of all parties;
(f) Copy of the grievance complaint, department head conclusion and Personnel Director, designee, or Finance Director’s decision maintained in a file containing grievances;
(g) There may not be discrimination, reprisal, or retaliation against any employee for availing himself/herself of the grievance procedure.
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REPORTS AND RECORDS
Section 19.1 Personnel Files
The Personnel Director shall maintain a personnel record for each employee in the service of the City showing the name, title of position held, the department to which assigned, salary, changes in employment status, disciplinary action, performance evaluation, and such other information as may be considered pertinent by the Personnel Director. Personnel records are confidential and access to personnel records shall be limited to the extent permitted by law.
Section 19.2 Access to Administrative Records
The City Attorney and the Personnel Director shall have access to all departmental records, documents, and papers pertaining to employees, the examination of which will aid in the discharge duties. All administrative records shall be maintained in a manner, which will preserve their confidentiality.
Section 19.3 Employee Access to Their Personnel Records Section 19.3.1 Inspection of File
An employee may inspect his or her own personnel file, at reasonable times and at reasonable intervals. An employee who wishes to review his or her file should contact the Personnel Officer to arrange an appointment. The review must be done in the presence of a designated employee of Personnel.
Section 19.3.2 Copies
On request, an employee is entitled to receive a copy of any employment related document he or she has signed. An employee who wishes to receive such a copy should contact a designated employee of Personnel. On request, the City will also provide an employee single copies of any other documents in his or her personnel file. The City may charge a reasonable fee for the copies.
In the event the employee wishes to have another person/representative inspect his or her personnel file, the employee must provide the person/representative with written authorization.
The employee will be notified of the date, time and place of the inspection in writing. It is the employee’s responsibility to notify the person to whom the employee has given written authorization of the date, time and place of the inspection.
Under no circumstances is the employee and/or the employee’s designee permitted to add or remove any document or other item from the employee’s personnel file during the inspection.
Section 19.4 Access to Personnel Records by Department Heads A Department Head shall have access to all records, documents, and papers pertaining to employees in his or her department, if the examination will aid in the discharge of his or her duties. The Department shall maintain this confidentiality.
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Section 19.5 Destruction of Records
Upon approval of the City Attorney, all other records relating to personnel may be destroyed as prescribed by law.
Section 19.6 Purging of Employee Discipline Records
Only written reprimand may be expunged upon sustained corrective behavior after one year. The employee wishing to have a written reprimand purged shall make a written request to the City Manager. The City Manager shall consult with the employee’s department head to substantiate that corrective behavior has been sustained for the one-year period. The City Manager shall obtain the concurrence of the department head before the records are expunged.
Section 19.7 Address Notification
Employees shall notify the personnel office of any change of name, address, or telephone number within five (5) calendar days of the change.
Section 19.8 Performance Evaluations
It is the policy of the City to evaluate employee performance on a regularly scheduled basis. The performance evaluation shall normally be conducted by the employee’s immediate supervisor and shall be discussed with the employee. The employee’s immediate supervisor shall consider performance in relation to the duties outlined in the employee’s position description.
A performance evaluation shall be completed prior to the completion of the probationary period, and annually thereafter. A performance evaluation shall be completed on at least an annual basis for regular employees and prior to the promotion or transfer of an employee. The Personnel Director will notify the employee’s department head approximately thirty (30) days prior to the due date for an employee’s evaluation, as defined in Section 4.9employee’s anniversary date. It is the department head’s responsibility to assure that the performance evaluation is completed and returned to the employee for signature prior to the employee’s evaluation date. Special evaluation, as needed, may be given.
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HARASSMENT, DISCRIMINATION AND RETALIATION POLICY
Section 20.1 Purpose
It is the City’s intent and the purpose of this Policy to provide all employees, applicants, and contractors with an environment that is free from any form of discriminatory harassment, discrimination or retaliation as defined in this Policy. This Policy prohibits harassment or discrimination on the basis of any of the following protected classifications: an individual’s race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition and physical or mental disability (whether perceived or actual) or any other category protected by law. It is also the policy of the City to provide a procedure for investigating alleged harassment, discrimination and retaliation in violation of this Policy. The protection from discrimination includes the protection from retaliation for having taken action either as a complainant, or for assisting a complainant in taking action, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this policy.
Section 20.2 Policy
The City has zero tolerance for any conduct that violates thisthis, Policy. Conduct need not rise to the level of a violation of law in order to violate thisthis, Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. If you are in doubt as to whether or not any particular conduct may violate this Policy, do not engage in the conduct, and seek guidance from a supervisor or the Personnel Director, designee, or Finance Director.
Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing.
Section 20.3 Definitions
1. Protected Classifications:
This Policy prohibits harassment or discrimination because of an individual’s protected classification(s). “Protected Classification” includes race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition and physical or mental disability (whether perceived or actual). For purposes of this policy, “race” includes traits historically associated with race, including but not limited to protective hairstyles such as twists, locks, or braids.
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2. Policy Coverage:
This Policy prohibits elected officials, officers, employees and contractors from harassing or discriminating against applicants, officers, officials, employees and contractors because: (1) of an individual’s protected classification, (2) of the perception of an individual is protected classification, or (3) the individual associates with a person who has or is perceived to have a protected classification.
3. Discrimination:
This Policy prohibits treating individuals differently because of the individual’s protected classification as defined by this Policy.
4. Harassment:
Harassment means unsolicited words or conduct which subjectively and objectively offend another person. Harassment includes, but is not limited to, the following examples of behavior undertaken because of an individual’s protected classification:
a. Verbal harassment, such as epithets (nicknames and slang terms), derogatory or suggestive comments, propositioning, jokes or slurs, including graphic verbal commentaries about an individual’s body, or that identify a person on the basis of his or her protected classification.
Verbal harassment includes comments on appearance and stories that tend to disparage those of a protected classification.
b. Visual forms of harassment, such as derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or e-mails on the basis of a protected classification. Visual harassment includes mimicking the way someone walks or talks because of their protected classification.
c. Physical harassment, such as assault, touching, impeding or blocking movement, grabbing, patting, leering, making express or implied jobrelated threats in return for submission to physical acts, taunting, or any physical interference with normal work or movement.
d. Sexual harassment, such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature or any of the above described conduct when:
i. Submission to such conduct is either an expressed or implied term or condition of an individual's employment, or
ii. Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual, or
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iii. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating a hostile, intimidating or offensive work environment, or iv. By definition, sexual harassment is not within the course and scope of an individual’s employment with the City’s.
5. Discrimination/harassment does not include the following:
1. Bona fide acts or omission of acts based solely upon bona fide occupational qualifications under Equal Employment Opportunity Commission and California Fair Employment and Housing Commissions Guidelines.
2. Bona fide requests or demands by a supervisor that the employee improve his/her work quality or output, that the employee report to the job site on time, that the employee comply with city or departmental rules or regulations, or any other appropriate work relatedwork-related communication between supervisor and employee.
Individual employees may be held personally liable for discriminatory acts, including sexual harassment.
Section 20.4 Retaliation
Retaliation against a person (and his or her associates) who reports or provides information about harassment or discrimination is strictly prohibited. Any act of reprisal violates this Policy and will result in appropriate disciplinary action. Examples of actions that might be retaliation against a complainant, witness or other participant in the complaint process include: (1) singling a person out for harsher treatment; (2) lowering a performance evaluation; (3) failing to hire, failing to promote, withholding pay increases, assigning more onerous work, abolishing a position, demotion or discharge; or (4) real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination.
Well-intentioned attempts to insulate or protect a complainant by changing his or her work environment or schedule or duties or by transferring the complainant to another office may be retaliatory. Before a supervisor takes such action, the supervisor should contact the Personnel Director, or their designee. In the event that the Personnel Director has a conflict of interest, the supervisor may contact the Finance Director.
Any act of retaliation will be treated as a separate and distinct incident, regardless of the outcome of the harassment or discrimination complaint.
Section 20.5 Reporting Harassment, Discrimination or Retaliation An applicant, employee, officer, official or contractor who feels he or she has been harassed, discriminated against, retaliated against, or desires to raise a grievance of conduct in violation of this Policy should report the conduct immediately as outlined below so that the complaint can be resolved quickly and fairly.
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All employees involved in the complaint process may be represented by a person of their choosing and at their own expense.
1. Object to the Conduct
Sometimes an individual is unaware that his/her conduct is offensive. The offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is unwelcome and offensive and request that it be discontinued immediately. A person who believes he/she is being harassed is encouraged to use this process.
When the conduct in question continues after the offending person has been informed it is offensive, or if a person does not feel comfortable talking to the offending person directly, the employee should make a report in accordance with subsection 2 below or go directly to the formal reporting process.
2. Oral Report
If a person who believes that this Policy has been violated does not want to confront the offending person, he/she should report the conduct to a supervisor, department head or any City management employee. The individual may also seek the advice, assistance or consultation of a supervisor, department head, or any City management employee. Any supervisory or management employee who receives such a report must in turn direct it to the Personnel Director of Human Resources, or their designee. The Personnel Director, or their designee, will determine what level of investigation and response is necessary. In the event that the Personnel Director has a conflict of interest, a report may be turned in to the Finance Director, and the Finance Director, will determine what level of investigation and response is necessary.
3. Written Process
An individual who believes this Policy has been violated may provide a written complaint to a supervisor, department head or any management employee who in turn must direct the complaint to the Human Resources Department, or their designee. Individuals are encouraged to use the Confidential Complaint Form for this purpose. In the event that the Personnel Director has a conflict of interest, the complaint may be directed to the Finance Director.
4. Option to Report to Outside Administrative Agencies
Applicants, employees, officers, officials and contractors have the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department of Fair Employment and Housing (DFEHCRD).
Additionally, they have the option to make a report via the City of Lindsay WeTip Anonymous Reporting Solution Line Employment Risk Management Authority (ERMA) Employee Protection Line online at www.WeTip.com https://www.employeeprotectionline.com/xplonline/ or via phone at (909)987-5005800) 576-5262. The Employee Protection Line is an effective risk September 12, 2023 Regular Meeting of the Lindsay City Council
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management tool that allows employees to anonymously report workplace wrongdoing 24 hoursa-day, seven days-a-week.
Section 20.6 Supervisory Resolution
Whenever possible, employees who believe they are experiencing discrimination, discriminatory harassment or retaliation are encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional or highly inappropriate. If this does not resolve the concern or if an employee feels uncomfortable, threatened, or has difficulty expressing his/her concern, assistance should be sought from a supervisor or manager.
Section 20.7 Formal Investigation/Response
1. Investigation
Upon receipt of a complaint of alleged harassment, discrimination or retaliation, the Personnel Director, designee, or Finance Director will be responsible for coordinating a thorough investigation (unless he/she is named in the complaint).
The Personnel Director, designee, or Finance Director may coordinate the investigation with the complainant’s department head and may hire an outside investigator if the City deems it appropriate. The type of investigation undertaken, and the party chosen to conduct the investigation will depend on the nature of the complaint made and will be determined by the Personnel Director, designee, or Finance Director. The Personnel Director, designee, or Finance Director will report the status of investigations to the City Manager as appropriate.
The Director, in concurrence with the City Manager, may take interim action to diffuse volatile circumstances. The investigator will review the complaint allegations in an objective manner and to the extent that the City deems necessary. The investigation will normally include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations. The investigator will remind all witnesses to maintain the confidentiality of the interview and that retaliation against those who report alleged harassment or who participate in the investigation is prohibited.
The City takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination or retaliation may be occurring, regardless of whether or not the recipient of the alleged action or a third party reports a potential violation.
2. Remedial and Disciplinary Action
If the investigation determines that the alleged conduct occurred and that the conduct violated this Policy, the City will notify the complainant and perpetrator of the general conclusion(s) of the investigation and take effective remedial action that is designed to end the violation(s). Any employee or officer determined to have violated this Policy will be subject to disciplinary action, up to and including termination. Disciplinary action may also be taken against any September 12, 2023 Regular Meeting of the Lindsay City Council
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official, supervisor or manager who condones or ignores potential violations of this Policy, or who otherwise fails to take appropriate action to enforce this Policy. Any official or contractor found to have violated this Policy will be subject to appropriate sanctions.
3. Closure
At the conclusion of the investigation, the Personnel Director, designee, or Finance Director will notify the complainant in general terms of the outcome of the investigation.
4. Confidentiality
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate potential Policy violations and take effective remedial action. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Personnel Director, designee, or Finance Director. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order.
Section 20.8 Responsibilities of Employees, Management and Supervisory Employees
1. Employees
In order to establish and maintain a professional working environment, while at the same time preventing harassment, discrimination, and retaliation, employees are expected to:
• Set an example of acceptable conduct by not participating in or provoking behavior that violates this Policy. Try not to be angry or insulted if an individual tells you that your behavior is offensive. People have different ethical values and standards and may be offended by behavior you think is proper. Tell the individual you did not realize your behavior was offensive, and immediately cease the conduct. • Let fellow employees know when you consider behavior offensive. The City hires people from a wide variety of cultural and ethnic backgrounds, and an individual may not realize behavior he or she thinks is proper could be seen by others as offensive.
• Report harassment, discrimination or retaliation as quickly as possible, whether the employee is the target of the conduct or a witness. • If an employee witnesses harassment, he or she should tell the individual being harassed that the City has a policy prohibiting such behavior, and that he or she can demand that the harasser cease the behavior.
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• Maintain confidentiality as required by this Policy.
• Fully cooperate with the City’s investigation of complaints made under this Policy.
2. Managers and Supervisors
In addition to the responsibilities listed above, managers and supervisors are responsible for the following:
Implementing this Policy by taking all complaints seriously and modeling behavior that is consistent with this Policy. Direct all complaints to the Personnel Director, designee, or Finance Director. Taking positive steps to eliminate any form of harassment, discrimination or retaliation observed or brought to his/her attention. Making sure no department director, supervisor or other employee retaliates through any action of intimidation, restraint, coercion or discrimination.
Monitoring the work environment and taking appropriate action to stop potential Policy violations.
Following up with those who have complained to ensure the behavior complained of has ceased.
Informing complainants of their option to contact the EEOC or DFEH CRD regarding a potential Policy violation.
Taking prompt, appropriate action within their work units to avoid and minimize the incidence o anyof any form of discrimination, harassment or retaliation.
Ensuring that his/her subordinates understand their responsibilities under this policy.
Ensuring that members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible.
C. MANDATORY TRAINING
As part of its commitment to ensuring a work environment free from harassment and discrimination, the City requires that all of its employees receive training on this Policy during scheduled training. Human Resources will schedule training sessions each year to September 12, 2023 Regular Meeting of the Lindsay City Council
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ensure that employees are able to complete the mandatory training. Attendance at the training will be documented.
All employees shall certify by signing the prescribed form that he/she has been advised of this policy, is aware of and understands its contents and agrees to abide by its provision during hi//her term of employment with the City of Lindsay.
1. Supervisory employees shall receive two hours of classroom or other effective interactive training and education within six months of assuming a supervisory position.
2. All other employees shall receive one hour of classroom or other effective interactive training and education within six months of their employment or sooner for seasonal or temporary employees as described in Government Code § 12950.1
3. If the required training is to be provided by DFEH CRD online training courses, the Training Supervisor should ensure that employees are provided the link or website address to the training course (Government Code § 12950).
Section 20.9 Disposition of Complaints
Only one of the following four (4) dispositions will be used to classify the disposition of an allegation of harassment:
(a) Sustained Complaints- If the complaint is substantiated, this policy and procedure prohibiting discrimination/harassment will be reviewed with the offender. Appropriate disciplinary action and/or training, will be taken pursuant to disciplinary procedures.
(b) Not Sustained Complaints- If there is insufficient evidence to either prove or disprove the allegation(s), both parties to the complaint will be informed of the reason(s) for this disposition.
(c) Unfounded Complaint- If it is determined that an act reported pursuant to this policy/procedure did not in fact occur, a finding of unfounded shall be made. (d) Exonerated Complaints- If it is determined that an act reported pursuant to this policy/procedure did in fact occur, but was lawful and proper within the guidelines established herein, a finding of exonerated shall be made.
Should it be determined that the reporting party maliciously filed the complaint knowing that it was false or frivolous at the time of the complaint, that employee shall be subject to discipline up to, and including termination.
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Section 20.10 Documentation of Complaints
All complaints or allegations shall be documented on forms and in manner designated by the Director of Personnel, designee, or Finance Director. All reports shall be:
Approved by the Director of Personnel, designee, or Finance Director Maintained for a minimum of five (5) years
Section 20.11 Questions Regarding Discrimination or Harassment Employees having questions are encouraged to contact a supervisor, manager, their department head, Personnel Director or , designee, Finance Director, or the City Manager, or they may contact the California Department of Fair Employment and HousingCivil Rights Department at (800) 884-1684 or the Equal Employment Opportunity Commission (800) 669-6820.
Section 20.12 Workplace Violence
The City of Lindsay is committed to providing a safe work environment that is free of violence and the threat of violence. The top priority in this process is effectively handling critical workplace incidents, especially those dealing with actual or potential violence. The department of public safety will be notified of all incidents.
This policy sets forth the City’s position regarding workplace violence and provides guidance to all employees, supervisors and managers in addressing workplace violence issues.
A. Violence or the threat of violence, against or by any employee of the City or any other person is unacceptable.
(1) Should a non-employee, on City property, demonstrate or threaten violent behavior he/she may be subject to criminal prosecution. (2) Should an employee, during working hours, demonstrate or threaten violent behavior he/she may be subject to disciplinary action in addition to criminal prosecution.
B. The following actions are considered violent acts and are explicitly prohibited. (1) Striking, punching, slapping, or assaulting another person. (2) Fighting or challenging another person to fight.
(3) Grabbing, pinching or touching another person in an unwanted way whether sexually or otherwise.
(4) Engaging in dangerous, threatening or unwanted horseplay. (5) Possession, use or threat of use, of a gun, knife or other weapon of any kind on the city property, including parking lots, other exterior premises, city vehicles, or unless such possession or use is a requirement of the job.
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(6) Threatening or harming another person, or any other action or conduct that implies the threat of bodily harm.
C. Any employee who is victim of any violent threatening or harassing conduct, any witness to such conduct, or anyone receiving a report of such conduct, whether the perpetrator is a city employee or non-employee person in the chain of command.
The appropriate person in the chain of command may include:
(1) Immediate Supervisor
(2) Department Head
(3) Personnel Director, Designee, or Finance Director
(4) City Manager
If no one in the chain of command can be reached, the employee should report to the personnel department. In case of emergencies, the employee should call 911 immediately.
D. No one, acting in good faith who initiates a complaint or reports an incident under this policy will be subject to retaliation or harassment.
E. In the event the City fears for the safety of the perpetrator or the safety of others at the scene of the violent act, law enforcement will be called for assistance.
F. Employees who violate this policy may be subject to disciplinary action up to and including termination.
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SUBSTANCE ABUSE POLICY
Section 21.1 Introduction
The intent of this policy is to deter the misuse or abuse of legal or illegal substances that create a threat to the safety and health of any City Employee or member of the public. The City of Lindsay discourages alcohol and drug abuse and strives to achieve a work force free from the influence of drugs and alcohol.
In recognition of the City’s responsibility to maintain a safe, healthful and productive work environment and each employee’s responsibility to perform work for the public safely, effectively and efficiently, the City will act to eliminate any substance abuse which increases the risk of accidents, absenteeism, substandard performance, poor employee’s morale or damage to the City’s reputation. Substance abuse includes the use of or possession of illegal drugs, alcohol or controlled substance, which could impair an employee’s ability to perform his or hers job safely, effectively and efficiently.
The City of Lindsay believes that its employees are its most important assets. Thus, a primary objective of the policy is to ensure that public safety and the welfare of our employees are not endangered as a result of substance abuse. Additionally, the City is committed to provide an employee with an opportunity for recovery and rehabilitation, enabling the affected employee to return to satisfactory job performance level.
Section 21.2 Purpose
This policy sets forth the City’s position regarding substances abuse and provides guidance to all employees, supervisors and managers in addressing substance abuse issues.
Section 21.3 Policy
It is the City’s policy that no employee shall:
(a) Report to work under the influence of alcohol or drugs; (b) Be under the influence of alcohol or drugs while on standby; (c) Possess drugs while on duty or while on standby;
(d) Use alcohol or drugs while on duty or while on standby; (e) Sell, distribute or provide alcohol or drugs to any employee or person while on duty or while on standby;
(f) Sell, distribute or provide alcohol or drugs to any employee or person while on duty or while on standby;
(g) Have their ability to work impaired as a result of the use of alcohol or drugs.
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While use of medically prescribed medication and drugs is not per se a violation of the policy, failure by the employee to notify his/her supervisor before beginning work when taking such medication or drugs which may interfere with the safe and effective performance of duties is a violation of this policy. In the event their is a question regarding the employee’s ability to safely and effectively perform the assigned duties while using such medication or drugs, clearance from a qualified physician will be required.
The City reserves the right to search, without employee consent, all areas and property in which the City maintains full or joint control with the employee for the purpose of detecting the presence of alcohol or illegal drugs. Areas in which the City maintains full control include but are not limited to all City owned equipment. Areas jointly controlled by the City and employees include but are not limited to desks, lockers, file cabinets, office cabinets and bookshelves.
Otherwise, the City may notify the appropriate law enforcement agency that an employee may have illegal drugs in his/her possession or in an area not jointly or fully controlled by the City.
Employees reasonable believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained for a reasonable time until an authorized City representatives or law enforcement representatives can transport the employee from the work site.
Violations of this policy may be grounds for disciplinary action, up to and including discharge.
Refusal to submit immediately to a drug and/ or alcohol test when requested by City management or law enforcement personnel, failure to cooperate during testing, or any acts taken by the employee to negate testing procedures, may constitute insubordination and may be ground for discipline up to and including termination.
The City has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntary seek help for alcohol or drug problems. Employees should contact the Personnel Director or their supervisors for additional information. The City is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as disabled.
Section 21.4 Application
This policy applies to all City of Lindsay employees as well as applicants for positions with the City of Lindsay. This policy applies to alcohol and to all substances, drugs or medications, legal or illegal, which could impair an employee’s ability to effectively and safely perform the function of the job.
Section 21.5 Employee Responsibilities
An employee shall:
(a) Not report to work or while on standby have his/her ability to perform job duties impaired due to alcohol or drug use, on or off duty.
(b) Not possess, use, or be under the influence of alcohol or drugs (illegal drugs and legal drugs without a prescription) during working hours, while on standby, on breaks, during meal periods or while driving a personnel vehicle or City vehicle on City business;
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(c) Not directly or through a third party sell or provide drugs or alcohol to any person or to any other employee while either employee or both employees are on duty or while on standby;
(d) Submit immediately to a drug and/or alcohol test when directed by a responsible City supervisor or management representative;
(e) Notify his/her supervisor, before beginning work or when contacted for call back when taking any medications or drugs, prescription or non-prescription, or alcohol, which may interfere with the safe and effective performance of duties or operation of City equipment; and;
(f) Upon request, provide a current valid prescription for any drug or medication identified when a drug analysis is positive within a reasonable time period. The prescription must be in the employee’s name.
Section 21.6 Employee Complaint
(a) Any employee may file a complaint with their department head regarding any employee whose performance is being affected by substance abuse. (b) An employee filing a complaint shall, within 24 hours, document in writing, the facts constituting reasonable suspicion that the employee in question was intoxicated or under the influence of drugs and/or alcohol. (c) Complaints, which are determined to be malicious or vexatious will not be tolerated and will subject the complaining individual to disciplinary action.
Section 21.7 Management Responsibilities and Guidelines A. Manager and supervisors are responsible for consistent enforcement of this policy.
B. Managers and supervisors may direct an employee to submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol. “Reasonable suspicion” is a belief based on objective and articulable facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired or so that the employee’s ability to perform his/her job safely is reduced.
For example, any of the following, alone or in combination, may constitute reasonable suspicion:
(a) Slurred speech;
(b) Alcohol on breath;
(c) Problems walking or other physical activity impairments; (d) An accident involving City property;
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(e) Physical altercation;
(f) Verbal altercation;
(g) Behavior, which is so unusual that it, warrants summoning a supervisor or anyone else with authority;
(h) Possession of alcohol or drugs;
(i) Information obtained from a reliable person with personal knowledge.
C. Any manager or supervisor directing an employee to submit to a drug and/or alcohol test shall, within 24 hours, document in writing the acts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs and/or alcohol. Any manager or supervisor encountering an employee who refuses o submit to a drug and/or alcohol test upon request shall remind the employee of the requirements and consequences of this policy. (j) Managers or supervisors shall not physically search employees. (k) Managers and supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion or believe that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the City.
(l) Managers and supervisors may search areas jointly or fully controlled by the City.
(m) Managers and supervisors shall not confiscate, without consent, prescription drugs or medication from an employee who has a prescription.
Section 21.8 Employee Assistance Program
The City has a well-established voluntary Employees Assistance Program (EAP) to assist employees who seek help for substance abuse problems.
The EAP is available for assessment, referral to treatment, and follow-up. Any employee with the City of Lindsay wishing confidential assistance for a possible alcohol or drug problem may contact personnel, their insurance provider or the Employee Assistance Program for additional information.
Employees who are concerned about their alcohol and/or drug use are strongly encouraged to voluntarily seek assistance through the EAP or health insurance program. In addition, employees who are concerned about alcohol and/or drug use among their co-workers should strongly encourage those individuals to seek assistance through the EAP.
All Self-referral contacts are held in confidence by the EAP unless the employee requests, through specific written release of information, that the department, supervisors, union or other parties be notified.
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The employee’s compliance with the recommendations of the EAP is voluntary. Employee’s job security and/or promotional opportunities will not be jeopardized by utilization of the EAP or any other treatment service.
If an employee requires leave time for substance abuse treatment, he/she can follow established personnel policy concerning sick leave usage.
Section 21.9 Confidentiality
The City recognizes the confidentially and privacy due employees, and disclosure of any information relating to chemical abuse treatment, except on a need-to-know basis, shall only be with the expressed written consent of the employee involved or pursuant to lawful process.
Section 21.10 Compliance
Employees must, as a condition of employment, abide by the terms of this policy, and report any conviction under a criminal drug statue for violations occurring on or off city premises while conducting City Business. A report of a conviction must be made as soon as possible, but in no case more than five (5) days after the conviction.
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MISCELLANEOUS RULES
Section 22.1 Dress Code
Employees of the City are required to dress appropriately for the jobs they are performing. Unless required to wear a uniform, City employees in the office are expected to adhere to a business, business casual, or smart casual dress code. Therefore, failure to follow the dress regulations contained in this section shall be grounds for discipline. (1) All clothing must be neat, clean, and in good repair. For example, employees are not permitted to wear hooded sweatshirts, sweatpants, torn clothing, ripped or faded jeans. (2) Prescribed uniforms and safety equipment must be worn. (3) Foot wearFootwear must be appropriate for the work environment and functions performed. Flip flop sandals are not permitted unless approved by the Department Head.
(4) Hair must be neat, clean and well-groomed.
(5) Beards, mustaches, and sideburns must be maintained in neat and well-groomed fashion.
(6) Jewelry is acceptable except where it constitutes a health or safety hazard. (7) Good personal hygiene is required.
(8) All clothingDress must be appropriate for to the professional work environment, avoiding excessively revealing or provocative attire. This includes avoiding clothes midriff or back, transparent or see-through or excessively tight clothing. setting particularly if the employee has public contact. For example, employees are not permitted to wear hooded sweatshirts, sweatpantscrop tops, tank tops, min skirts, short dresses, or leggings (except under items). (9) No tattoos are allowed anywhere on the head, face, or neck. (10) Any visible tattoos shall not be obscene, sexually explicit, discriminatory to sex, race, religion, or national origin, extremist, and/or gang-relatedgang related. Any non-conforming tattoos will shall be covered with clothing or a bandage while at work or removed.
(11) For employees working with the public, no objects, articles, jewelry or ornamentation of any kind shall be attached to or through the skin if visible on any body part including the tongue or any part of the mouth. However, employees may wear except one up to two set of reasonably-sizedreasonably sized earrings in each lobe and a stud in the nose. Any non-conforming piercing RULE
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shall be removed, covered with a bandage, or replaced with a clear, plastic spacer.
If an employee has a question about how the piercing policy is applicable to them, the matter should be immediately raised with their supervisor for consideration and determination.
Section 22.2 Outside Activities
A full-time employee may not carry on concurrently with his/her public service, any private business or undertaking, attention to which affects the time or quality of his/her work or which casts discredit upon or creates embarrassment for the city government.
Section 22.3 Other Public Offices
An employee may not accept appointment to a county or state or position or otherwise incur an obligation of civil public service outside his/her regular municipal employment without first obtaining the recommendation of his/her department head and approval of the City Manager.
Section 22.4 Official Badge or Insignia
An official or employee who wears a badge or other official insignia as evidence of his/her authority may not permit the badge or insignia to be used or worn by another person without approval of the department head. The department head may not grant approval accept to a person regularly and formally appointed by the City Manager to the position designated by the badge or insignia. The employee shall return the badge or insignia to the department head when he/she terminates.
Section 22.5 Purchase Order
No officer or employee may order services or merchandise without first being authorized to do so and obtaining a purchase order. EmployeeAn employee who orders services or merchandise without a purchase order is personally responsible for payment.
Section 22.6 Operating City Vehicles
Employees whose duties include the driving of a city vehicle shall possess a valid driver’s license issued by the State of California, such license shall be carried at all times when so engaged.
Section 22.7 False Information
No employee of the City of Lindsay shall make false official reports or knowingly enter or cause to be entered in any department books, records, or reports, any inaccurate, false or improper information. A failure to enter information as required by an employee is also deemed to be false information.
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Section 22.8 Release of Information
It is the City’s policy that all requests for information concerning current or former employees, either by telephone or in writing, are to be referred to the Personnel Director.
It is the City’s policy to state only that a person is (was) employed with the City, the date of employment and verification of title or position.
When a valid authorization for release of information, as determined by the Personnel Director is submitted, additional information may be release. All requests for references must be made in writing. Generally only written references will be provided and then only in conformance with the specific provisions of the former employees’ authorization to release information.
Only job-related issues are to be discussed. Job-related issues include attendance, work habits, quality and quantity of work, supervision required and initiative.
Section 22.9 Employment of Related Persons
A policy concerning the employment of related persons applicable to personnel practices is desirable since employment decisions and/or supervision involving a related person may create potential conflicts of interest, create a negative or unprofessional work environment, or present concerns regarding supervision, safety, security or morale.
Section 22.9.1 Definition of “Related Person”
“Related Person” shall include: mother, father, grandmother, grandfather, or grandchild of the employee or spouse or domestic partner of the employee, and the son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or any other person living in the immediate household of the employee.
Section 22.9.2 Prohibited Conduct
(a) Related person will not be eligible for employment with the City where potential problems of supervision, safety, security or morale, or potential conflicts of interest exist.
(b) Related persons may not be employed in the same department nor under the same immediate supervisor where potential problems of supervision, safety, security or morale, or potential conflicts of interest exist.
(c) One related person may not supervise another person where the potential for creating adverse impact on supervision, safety, security or morale exists.
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Section 22.10 Meals and Breaks Periods
All employees except for police and fire personnel, are not on call during meal breaks unless directed otherwise by a supervisor. The time spent for a meal period shall not exceed the authorized time allowed.
Each employee is entitled to a 15-minute break, near the mid pointmidpoint, for each four-hour work period. Only one 15-minute break shall be taken during each four hours of duty. No breaks shall be taken during the first or last two hours of an employee’s shift unless approved by a supervisor.
Section 22.11 Time Sheets
All employees are paid on a bi-weekly basis usually on Friday with certain exceptions such as holidays. Time sheets shall be completed and submitted to Administration no later then Monday on a bi-weekly basis, unless specified otherwise. Department heads are responsible for the accurate and timely submission of the time sheets for the payment of wages.
Section 22.12 Seatbelts
All employees shall wear available safety restraints whenever operating a City vehicle or equipment.
Section 22.13 Smoking
Smoking and other use of tobacco products is not permitted inside cCity facilities or on City property. It shall also be the responsibility of all employees to ensure that no person smokes or uses any tobacco product inside city facilities. Department heads may designate specific vehicles as “smoking” vehicle.
Section 22.14.1 Conditional Offer of Employment Examinations After a conditional offer of employment has been extended to an applicant, the City may, in compliance with all applicable laws, require the applicant to submit to a fitness for duty examination prior to conferring appointment.
Section 22.14.2 Current Employee Examinations
The Personnel Director or a designee may require an employee to submit to a fitness for duty examination to determine if the employee is able to perform the essential functions of his or her job when: 1) the employee appears to be unable to perform or has difficulty performing one or more essential functions of his or her job; and 2) there is reason to question the employee’s ability to safely or efficiently complete work duties.
Section 22.14.3 Role of Health Care Provider
A City-selected health care provider will examine the employee at City expense. The City will provide the heath care provider with a letter requesting a fitness for duty examination and a September 12, 2023 Regular Meeting of the Lindsay City Council
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written description of the essential functions of the employee’s job. The health care provider will examine the employee and provide the City with non-confidential information regarding whether:
1) the employee is fit to perform essential job functions; 2) there are any reasonable accommodations that would enable the employee to perform essential job functions; and
3) the employee’s continued employment poses a threat to the health and safety of him or herself or others. Should the health care provider exceed the scope of the City’s request and provide confidential health information, the City will return the report to the health care provider and request another report that includes only the non-confidential fitness for duty information that the City has requested.
Section 22.14.4 Medical Information
During the course of a fitness for duty examination, the City will not seek or use information regarding an employee’s medical history, diagnoses, or course of treatment without an employee’s written authorization.
Section 22.14.5 Medical Information from the Employee ’s Health Care Provider An employee may submit confidential medical information to the City from his or her personal health care provider. If the employee provides written authorization, the Personnel Director will submit the information that the employee provides to the City-paid health care provider who conducted the examination. The Personnel Director will request the City-paid health care provider to determine whether the information alters the original fitness for duty assessment.
Section 22.14.6 Interactive Process Discussion
After receipt of both the health care provider’s fitness for duty report, and the analysis of the employee’s personal health care information (if any) the Personnel Director will arrange for a discussion or discussions, in person or via conference telephone call, with the employee and his or her representatives, (if any). The purpose of the discussions will be in good faith to fully discuss all feasible potential reasonable accommodations. During the discussions, the Personnel Director will also discuss, if relevant, alternate available jobs for which the employee is qualified, or whether the employee qualifies for disability retirement or family and medical leave.
Section 22.14.7 Determination
After the discussions, the Personnel Director will review the information received, and determine if there is a reasonable accommodation that would enable the employee to perform essential job functions, or if the accommodations would pose an undue hardship on City finances or operations. The Personnel Director will inform the employee of his or her determination. The Personnel Director will use his or her discretion based upon the particular facts of each case.
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COMPUTER, INTERNET, ELECTRONIC MAIL, AND VOICE MAIL
Section 23.1 Introduction
The City of Lindsay, hereinafter (City), is committed to providing employees with the business tools necessary in order to enhance efficiency in job performance and best serve the citizens of Lindsay.
Section 23.2 Purpose
This policy sets forth the City’s policy with respect to the use of computers, electronic mail (e-mail), intranet (internal messaging systems), mobile messaging, telephonic voice mail and Internet access and other electronic communications systems provided by the City of Lindsay.
Section 23.3 Applicability
The provisions of this policy apply to all employees of the City of Lindsay, including full-time and temporary employees, as well as volunteers, agents and vendors.
Section 23.4 General Provision
With the rapidly changing nature of electronic media, and the “etiquette” which is developing among users of external on-line services and the Internet, this policy cannot lay down rules to cover every possible to be applied to use of computers, electronic mail (e-mail), intranet (internal messaging systems), and mobile messaging systems, telephonic voice mail and Internet access and other electronic communications systems provided by the City of Lindsay.
Section 23.5 No expectation of Privacy
The city respects the individual privacy of its employees. However, employee privacy does not extend to the employee’s work-related conduct or to the use of City-provided equipment or supplies.
Section 23.6 Ownership
E-mail, telephonic voice mail, internal messaging systems, Internet access and other electronic communications systems are provided only for the purpose of conducting City business. All electronic communications of any sort or type generated by employees with City equipment or stored on city equipment are the property of the City of Lindsay.
The City recognizes that there may be incidental or occasional personal use of e-mail or voice mail but these messages will be treated the same as other messages. The City reserves the right to access and disclose as necessary all messages sent over its e-mail or voice mail system, without regard to content.
Since your personal messages can be assessed by the City management without prior notice, you should not use e-mail or voice mail to transmit any messages you would not want read, or listened to by a third party. Misusing the Internet e-mail system, or telephonic voice mail systems will subject you to disciplinary action up to and including termination.
All software programs, computer files and other documents created by City employees on City computer or other electronic systems are the property of the City and therefore exclusively owned by the City.
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Section 23.7 Prohibited Uses
All employees are prohibited from:
(a) Installation of programs on the City’s computer systems (including virus checking and screen savers) without prior written consent of the department head. (b) Copying City Software programs for personal use;
(c) Use another employee’s password to attempt to gain access to the employee’s computer electronic mail (e-mail), Internet access or other electronic communications systems; (d) Connecting computers (including laptops and personal computers) not owned or leased by the City to the City’s information system network without prior written consent; (e) Using the access code, log-on or password of other employees to gain access to their email or computer records, without prior consent. (f) Disclosing access codes, log-on or password of otherwise make the City electronic resources available to persons not authorized to have such access; (g) Infringing on others’ access and use of the City’s information systems, including, but not limited to:
1. Sending of excessive messages, either locally or off-site;
2. Unauthorized modifications of system facilities, operating systems or disk partitions;
3. Attempting to crash or tie up a City computer or network;
4. Attempting or gaining unauthorized access to or damaging or vandalizing City computing facilities, equipment, software, or computer files;
5. Developing or using a modem on City owned or leased computers without the prior written consent;
6.5. Installing or using a modem on City owned or leased computers without the prior written consent.
7.6. Violating any federal, state or local laws in the use of City information systems;
8.7. Violating any copyright or license to software, information (including, but not limited to, text images, icons, programs, etc.) Whether whether created by the City or any other person or entity;
(h) Exposing others, either intentionally or unintentionally, to material which is offensive, obscene or in poor taste;
(i) Any use that would be offensive to a reasonable person because it involves an individual’s race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality), ethnic or national origin, ancestry, citizenship status, uniformed service member status, marital status, family relationship, September 12, 2023 Regular Meeting of the Lindsay City Council
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pregnancy, age, medical condition (cancer or HIV/AIDS related), genetic characteristics, and physical or mental disability (whether perceived or actual); (j) Communication of confidential City information to unauthorized individuals within or outside the City;
(k) Sending messages with content that conflicts with any City policies, rules or other applicable laws;
(l) Unauthorized attempts to access City data or systems; (m) Theft or unauthorized copying of electronic files or data; (n) Initiating or sustaining chain letters, and
(o) Intentionally misrepresenting one’s identity for improper or illegal acts.
Section 23.8 Violations of This Policy
Violations of any provision of this policy may result in disciplinary action up to and including termination of employment.
Section 23.9
VIDEO AND AUDIO SURVEILLANCE POLICY
Section 23.10 Introduction
Through this Policy, the City informs all employes that it maintains cameras with video and audio surveillance capabilities located throughout the City’s facilities. This policy aims to ensure the safety and security of our employees, visitors and assets and maintain transparency.
Section 23.11 Purpose
The purpose is to establish clear guidelines and procedures for the use of video and audio surveillance within city-owned facilities. This policy aims to deter and investigate criminal activity, enhance the safety of individuals and property.
1. The City may use these cameras for security, investigations, or for any other purpose that would assist the City in performing its duties.
2. Cameras may be discreet or obvious. Employees should not assume that there are no cameras if they cannot see one. Employees should assume, for privacy purposes, that there are active cameras in their workplaces.
3. The City will NOT install any cameras where the law prohibits it. The City will not install any audio or video recording devices in restrooms, locker rooms, or any other rooms designated for changing clothes, unless authorized by a court order.
4. Due to the City’s strong security interests, agreement to this Policy is a job requirement for all City employees. By accepting employment with the City, and continuing to be employed, each employee acknowledges that City facilities use video and audio recording devices in accordance with this Policy.
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5. Access to surveillance footage should be limited to authorized personnel responsible for security, law enforcement, or administration purposes.
6. Personnel responsible for operating surveillance systems should receive appropriate training on the policy guidelines, privacy considerations, and their responsibilities.
The retention period for surveillance footage should be determined based on the provisions within the City of Lindsay Records Retention Policy.
Section 23.120
SOCIAL MEDIA POLICY (City Council
Resolution No. 22-48)
Section 23.13 Introduction
This policy establishes guidelines for the establishment and use by the City of Lindsay of social media sites (including but not limited to Facebook and Instagram) as a means of conveying City of Lindsay (“City”) information to its citizens.
The intended purpose behind establishing City of Lindsay social media sites is to disseminate information from the City, about the City, to its citizens. The City of Lindsay has an overriding interest in deciding what is “spoken” on behalf of the City on City social media sites.
For purposes of this policy, “social media” is understood to be content created by individuals, using accessible, expandable, and upgradable publishing technologies, through and on the Internet. Examples of social media include, but are not limited to, Facebook, Instagram, YouTube, Twitter, LinkedIn, and blogs.
For purposes of this policy, “comments” include information, articles, pictures, videos or any other form of communicative content posted on a City of Lindsay social media site, either as its own post or attached to another post.
Section 23.14 General Policy
1. The establishment and use by any City department of City social media sites are subject to approval by the City Manager or his/her designees. All City of Lindsay social media sites shall be administered by City of Lindsay designated staff.
2. City social media sites should make clear on their respective profile pages that they are maintained by the City of Lindsay and that they follow the City’s Social Media Policy.
3. Wherever possible, City social media sites should link back to the official City of Lindsay website for forms, documents, online services and other information necessary to conduct business with the City of Lindsay.
4. Designated staff will monitor content on City social media sites to ensure adherence to both the City’s Social Media Policy and the interest and goals of the City of Lindsay.
5. The City reserves the right to restrict or remove any content that is deemed in violation of this Social Media Policy or any applicable law. Any content removed based on these guidelines must be retained by the City Clerk for a reasonable period of time, including the time, date and identity of the poster, when available.
6. These guidelines must be displayed to users or made available by hyperlink. The City will approach the use of social media tools as consistently as possible, enterprise wide.
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7. The City of Lindsay’s website at https://www.lindsay.ca.us/ https://www.lindsay.ca.us/will remain the City’s primary and predominant internet presence.
8. All City social media sites shall adhere to applicable federal, state and local laws, regulations and policies.
9. City social media sites are subject to the California Public Records Act. Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure.
10. Employees representing the City government via City social media sites must conduct themselves at all times as a representative of the City and in accordance with all City policies.
11. This Social Media Policy may be revised at any time.
12. Comments on topics or issues not within the jurisdictional purview of the City of Lindsay may be removed.
13. Any posts deemed to be offensive, derogatory, hostile, or anything that is construed as discriminatory on the basis of any protected category, i.e. race, sex, disability, or religion will be removed.
14. The City does not endorse any links or advertisements that may show up on its Facebook social media page.
Section 23.15 Comments Policy
By posting or commenting on the City of Lindsay’s Facebook page, or other City of Lindsay social media, you agree to the terms of use of the City of Lindsay’s social media comment policy as provided herein.
1. As a public entity the City must abide by certain standards to serve all its constituents in a civil and unbiased manner.
2. The City of Lindsay Facebook and other social media pages are intended to be “family friendly,” so please keep your comments clean by following these simple rules. In addition to keeping it family friendly, we require that you follow our posting guidelines here. Please note that we utilize Facebook’s automatic content filtering feature. All City of Lindsay social media content is subject to monitoring.
The intended purpose behind establishing City of Lindsay social media sites is to disseminate information from the City, about the City, to its citizens.Comments posted to City of Lindsay social media pages will be monitored, and inappropriate content as defined above will be removed as soon as possible and without prior notice. Please note, comments posted to pages are monitored and our Facebook settings will automatically hide a comment if profanity is used within the post.
The City does not endorse any links or advertisements that may show up on its Facebook social media page.
Section 23.15 Comment Policy
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By posting or commenting on the City of Lindsay’s Facebook page, or other City of Lindsay social media, you agree to the terms of use of the City of Lindsay’s social media comment policy as provided herein.
As a public entity the City must abide by certain standards to serve all its constituents in a civil and unbiased manner.
The City of Lindsay Facebook and other social media pages are intended to be “family friendly,” so please keep your comments clean by following these simple rules. In addition to keeping it family friendly, we require that you follow our posting guidelines here. Please note that we utilize Facebook’s automatic content filtering feature. All City of Lindsay social media content is subject to monitoring.
3. The intended purpose behind establishing City of Lindsay social media sites is to disseminate information from the City, about the City, to its citizens. Comments posted to City of Lindsay social media pages will be monitored and inappropriate content as defined above will be removed as soon as possible and without prior notice. Please note, comments posted to pages are monitored and our Facebook settings will automatically hide a comment if profanity is used within the post.
4. If you need to contact the Lindsay Police Department, please call their front desk at (559) 562- 2511, or if it is an emergency, call 911 and ask for assistance. While comments posted on the City’s social media pages are monitored, posting a comment is neither the recommended nor best way to contact the City or Lindsay Police Department.
5. Departments shall monitor their social media sites for comments requesting responses from the City and for comments in violation of this policy.
1. All comments posted to any City of Lindsay Facebook site are bound by Facebook’s Statement of Rights and Responsibilities and Community Standards, located at www.facebook.com/terms.php, and www.facebook.com/communitystandards, respectfully. The City of Lindsay reserves the right to report any violation of Facebook’s Statement of Rights and Responsibilities and/or Community Standards to Facebook with the intent of Facebook taking appropriate and reasonable responsive action.
6. BBy posting or commenting on the City of Lindsay social media platforms you agree to our terms of use. You participate by your own choice, taking personal responsibility for your comments, your username and any information you provide therein.n.
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FEDERAL HEALTH CONTINUATION REQUIREMENTS; THE CONSOLIDATED OMNIBUS RECONCILIATION ACTS OF 1985
Section 24.1 Continuation Rights as an Employees
The Employee covered by the City group health plan, has the right to choose Continuation Coverage if the employee losses his/her group health coverage because of a reduction in hours of employment or termination of employment, except for reasons of gross misconduct.
Section 24.2 Continuation Rights as a Spouse
The spouse of an employee covered by a group health plan, has the right to chose Continuation coverage if the employee’s group health coverage is lost due to:
(1) The death of the employee
(2) Termination of the employee’s employment (for reason other than gross misconduct) or reduction in his or her hours of employment; (3) Divorce or legal separation; or
(4) The employee’s entitlement to Medicare.
Section 24.3 Continuation Rights as a Dependent Child
A dependent child of an employee covered by a group health plan has the right to Continuation Coverage if the employee’s group health coverage is lost due to:
(1) The death of the employee
(2) Termination of the employee’s employment (reasons other than gross misconduct) or reduction in his or her hours of employment; (3) Divorce or legal separation;
(4) The employee’s entitlement to Medicare; or
(5) The dependent ceasing to be dependent child as defined under this group health plan.
Section 24.4 Notice Requirements
The law requires that the employee or family member inform the Plan Administrator, within 60 days, of a divorce, legal separation or when a child is no longer a dependent as defined under group health plan. If the Plan Administrator is someone other than the employer, then the employer has the responsibility to notify the Plan Administrator, within 30 days, in the case of employee’s death, termination of employment, reduction in hours or Medicare entitlement. When the Plan administrator is notified that one of these events has happened, the Plan Administrator will in turn notify the employee within 14 days, that he/she has the right to choose Continuation Coverage. The employee then has 60 days from the date they would lose coverage or the date of the notice, whichever is greater, to elect Continuation Coverage.
Each person who loses group health coverage has a separated right to make an election. If Continuation Coverage is not elected, group health coverage may end.
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Section 24.5 Premium Payment
A person electing Continuation Coverage may be responsible for the payment for the continued coverage. In most cases the maximum amount that may be charged for Continuation Coverage is 102% of the applicable group premium.
The first premium for Continuation Coverage is due by the 45th day following the date the person elects Continuation Coverage.
The employee has the right to make all future premium payments on a monthly basis. However, annual, semi annual or quarterly payments may also be made if the employee and employer so agree. A grace period of 30 days (or one equal in length to the employer grace period, if longer) will be allowed for late payment of any monthly premium.
Failure to pay the premium by the end of the grace period may cause termination of Continuation Coverage.
Section 24.6 Length of Continuation Coverage
The maximum length for Continuation Coverage is 18 months when the cause for loss of coverage is termination of employment or reduction in the hours of the employee. In all other cases, the Continuation Coverage period 36 months. Continuation Coverage, however, may terminate before the end of the 18 or 36 month period when:
(1) The former employer no longer provides group health coverage to any of its employees:
(2) The premium for Continuation Coverage is not paid by the end of the grace period;
(3) The employee becomes covered under another employer sponsored health plan, except when the new plan has a pre existing condition provision; or (4) The employee becomes entitled to Medicare.
When Continuation Coverage terminates, the employee will be allowed to convert to an individual health conversion policy, if a health conversion privilege is available to similarly situated active employees.
Section 24.7 Extension of Continuation Coverage
If the employee and his/her spouse or dependent children have elected Continuation Coverage for 18 months due to termination of employment or reduction in hours and before the end of the 18 month period:
(1) The employee dies
(2) The employee divorces or becomes legally separated; or (3) The employee becomes entitled to Medicare,
September 12, 2023 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
24-3
The spouse and dependent children may extend Continuation Coverage. Additionally, during the 18 month period, if a child loses dependent status, the child may also extend Continuation Coverage.
In these instances, Continuation Coverage will extended up to 36 months from the date coverage was originally lost, subject to payment of up to 102% of the applicable group premium.
Section 24.8 Pre-existing Medical Conditions
If the employee’s Continuation Coverage terminates because the employee became covered under another employer sponsored health plan and that plan limits or reduces the employee’s coverage due to a pre-existing medical condition, the employee may maintain Continuation Coverage for the balance of the applicable 18 0r 36 months period.
Continuation Coverage will then pay benefits for the pre-existing medical condition without regard to any other group health coverage. All other benefits will be coordinated with the new group health plan so that no more than 100% of allowable expenses under both group health plans will be payable.
Section 24.9 Social Security Disability
If the employee, his/her spouse or dependent child are disabled at the time of termination in employment or reduction in hours, the disabled person may be entitled to 29 months of Continuation Coverage instead of 18 months.
To qualify for this extension, he or she must apply for disability status under the Social Security Act and notify the Plan Administrator when a determination of disability is made. This notice must be provided to the Plan Administrator within 60 days after the date of determination and prior to the end of the 18- month continuation period. The disabled person must also notify the Plan Administrator within 30 days of the date the Social Security Administration determines that he or she is no longer disabled. This extended Continuation Coverage will then terminate on the first day of the month, which begins after the 30 days of the date of final determination by Social Security.
The first 18 months of Continuation Coverage may require payment of up to 102% of the applicable group premium. The next 11 months may require payment of up to 150% of the applicable group premium.
Section 24.10 State Continuation Rights
Several, but not all states, have continuation options from which the employee may choose as alternatives to Continuation Coverage. If the group health plan requires the employer to offer a state continuation option, there should be an explanation in the employee’s group health booklet.
The employee may elect either the State Continuation or Continuation Coverage but the employee cannot elect both.
This policy is intended to provide the employee with a brief explanation of COBRA. It is not intended to provide the employee with legal advice.
September 12, 2023 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
24-4
Any notice of change of address, change of martial status, or children’s status should be sent to the employer at:
City of Lindsay
251 E. Honolulu
P.O. Box 369
Lindsay, CA 93247
September 12, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 11.6
MEETING DATE: September 12, 2023
ACTION & RECOMMENDATION
Consider the Approval of Resolution No. 23-36, A Resolution of the City Council of the City of Lindsay Providing Observed Holidays.
Staff recommends that the City Council pass and adopt Resolution No. 23-36, to memorialize via Resolution, the observed holidays provided to unrepresented employees.
BACKGROUND | ANALYSIS
The Lindsay City Council is authorized to set the terms and conditions of employment for unrepresented employees. City Staff and legal counsel have identified the need to memorialize via Resolution the observed holidays provided to unrepresented employees covered under Rule X of the City of Lindsay’s Personnel Rules and Regulations.
Holiday leave shall be provided in accordance with Rule X of the City of Lindsay Personnel Rules and Regulations. Should the City Council pass and adopt Resolution No. 23-36, for the purposes of Section
10.3 of the Personnel Rules and Regulations, the following holidays are designated as the observed holidays:
New Year’s Day January 1
Martin Luther King Jr. Day Third Monday of January
Presidents’ Day Third Monday of February
Memorial Day Last Monday of May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday of September
September 12, 2023 Regular Meeting of the Lindsay City Council
Columbus Day Second Monday of October
Veteran’s Day November 11
Thanksgiving Day Third Thursday of November
Day after Thanksgiving Day Third Friday of November
Christmas Eve December 24
Christmas Day December 25
New Year’s Eve December 31
FISCAL IMPACT
There is no measurable fiscal impact associated with this action.
ATTACHMENTS
• Resolution No. 23-36
September 12, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-36
NUMBER 23-36
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY
PROVIDING OBSERVED HOLIDAYS
At a regularly scheduled meeting of the City of Lindsay City Council held on September 12, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, the City Council of the City of Lindsay (“City” or “City Council”) is authorized to set the terms and conditions of employment for unrepresented employees; and;
WHEREAS, the City Council desires to memorialize in this Resolution the observed holidays provided to unrepresented employees covered under Rule X of the City’s Personnel rules and Regulations; and
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council adopts this Resolution, which shall be effective September 12, 2023, and will remain in effect until it is modified, amended, terminated, or superseded by further resolution of the City Council.
Holiday leave shall be provided in accordance with Rule X of the Personnel Rules and Regulations. For the purposes of Section 10.3 of the Personnel Rules and Regulations, the following holidays are designated as the observed holidays:
New Year’s Day January 1
Martin Luther King Jr. Day Third Monday of January
Presidents’ Day Third Monday of February
Memorial Day Last Monday of May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday of September
Columbus Day Second Monday of October
Veteran’s Day November 11
Thanksgiving Day Third Thursday of November
Day after Thanksgiving Day Third Friday of November
Christmas Eve December 24
Christmas Day December 25
New Year’s Eve December 31
September 12, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-36
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE September 12, 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
September 12, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Neyba Amezcua, Director of City Services & Planning DEPARTMENT:
ITEM NO.:
City Services & Planning
11.7 MEETING DATE: September 12, 2023
ACTION & RECOMMENDATION
Consider the Approval of Request for City Council Authorization to Rebid the Olive Bowl/Kaku Park Expansion Project Following its Redesign and Reevaluation.
City Staff recommends that the City Council grant its authorization to proceed with the project rebidding process to ensure that said project is completed in a timely manner, meets the community's needs, and complies with project grants’ obligations.
BACKGROUND | ANALYSIS
On April 25, 2023, Staff presented the first Request for Bids (RFBs) results to the City Council and recommended that the Council reject the bids received and acknowledged due to the exceedances of the budgeted amount. The two bids received at said time are shown below:
No. Contractor Total Base Bid
Amount
Total Alternate Bid
Amount
Total Base +
Alternate Bid
Amount
1 JT2 Inc. dba Todd
Companies $11,083,265.71 $586,482.46 $11,669,748.17
2 American Paving Co. $13,616,232.65 $570,652.90 $14,186,885.55 Over the past four (4) months, City Staff has worked diligently to redesign the project in a manner that aligns closely with the community's needs and complies with project grants’ obligations. Staff has also undertaken a comprehensive reevaluation to ensure that the project's goals and objectives are still relevant and attainable considering the high market prices. This process has involved input from various stakeholders, funding state agencies, the contracted landscape architect and relevant city departments.
Staff met with both State agencies, which administer the two different grants awarded to the city for this project. The California Department of State Parks (Proposition 68 Grant) and Caltrans (Clean California Grant) are the two funding agencies. Both agencies were made aware of the city’s situation with the received bids, and since then, staff has discussed several options and ideas for the redesign and reevaluation of the project with the State agencies.
September 12, 2023 Regular Meeting of the Lindsay City Council
The city provided direction to Moore, Iacofano, Goltsman, Inc (MIG, Inc.), the Landscape Architect Design Firm to redesign and reevaluate the project as follows:
1. Remove the Restroom in the park area.
2. Remove the Bullpens & Batting cages from all fields.
3. Remove Playground Shade Structure.
4. The high bid items, which are considered extra amenities, need to be included as Alternate items.
The city will be able to select from the alternate item list as budget allows:
a. Skate Park included in the base bid:
i. Basketball Court in lieu of Skatepark w/ 10' Turf Perimeter. ii. Turf and Irrigation in lieu of Basketball Court.
iii. Additional LED lighting.
b. Field #2 Musco LED lights.
c. Field #3 Musco LED lights.
d. Walkway Lighting: half of the original lights are included in the based bid and the other half as alternates.
e. Security Surveillance System.
f. Play area #3 @ Ballfields.
g. Safety Net downsize to 20’ high for Field #2 &3.
h. Shade Structures for bleachers at all fields.
i. Decomposed Granit and Asphalt Upgrades to Concrete.
j. Playground area rubberized surfacing.
k. Fitness Equipment.
l. 50 ft. Flagpole.
m. All perimeter fencing.
The plans, specifications & estimate have been revised to show all the aforementioned.
FISCAL IMPACT
Proposition 68: $3,670,437
Clean California Local Grant Program: $4,650,920
General Fund $1,000,000
Total Budget: $9,321,357
ATTACHMENTS
• Opinion of Probable Construction Cost VE Re-Bid
September 12, 2023 Regular Meeting of the Lindsay City Council
Job Name:
Job Number:
Date:
CleanCA Grant $9,406,263.65
NO. DESCRIPTION EST. QTY. UNIT UNIT COST ITEM COST SUBTOTAL 1 Clear and Grub Softscape 352,456 SF $0.15 $52,868.40
2 Existing Trees 33 EA $1,200.00 $39,600.00
3 Existing Hardscape 1 LS $10,500.00 $10,500.00
4 Existing Playground (Equipment,
footings and surfacing) 1 LS $10,000.00 $10,000.00
5 Existing Electrical Poles 1 LS $15,000.00 $15,000.00
6 Existing perimeter fencing 1 LS $14,000.00 $14,000.00 7 Misc. Demo Items needed to
construct all improvements.
Contractor to provide allowance for
all items not noted on the demo plans
or specs after project job walk. 1 Allow $20,000.00 $20,000.00 8 Existing Ballfields and structures (All
fencing, gates, dugouts, backstops,
bleachers, concrete, building, footings
etc.) 1 LS $12,000.00 $12,000.00
Sub-total $173,968.40 $173,968.40
9 Excavation & Grading 5,000 CY $55.00 $275,000.00
10 Export 2,800 CY $28.00 $78,400.00
11 Construct Subgrade, Fine Grade and
Soil Preparation for Ball Fields 165,854 SF $1.00 $165,854.00 12 Construction staking and surveying 1 LS $60,000.00 $60,000.00 13 Erosion Control 1 LS $12,000.00 $12,000.00
14 SWPPP Preparation and
Implementation 1 Allow $18,000.00 $18,000.00
Sub-Total $609,254.00 $609,254.00
VE Re Bid
EARTHWORK/SITE GRADING
DEMOLITION
August 18, 2023
CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COST
MIG
109 W. Union
Fullerton, CA 92832
Tel. (714) 871-3638
5567
Lindsay Olive Bowl-Kaku Park
Fax (714) 871-1188
September 12, 2023 Regular Meeting of the Lindsay City Council 1
15 Field #1 (288'/300'/300') - LED
Lighting 1 LS $490,000.00 $490,000.00
16 Walkway Lighting - LED (35
walkway lights/poles) 1 LS $554,000.00 $554,000.00
17 Parking Lot - LED Lights 1 LS $80,000.00 $80,000.00
18 Power for the Booster Pump and
Irrigation Controllers 1 LS $46,000.00 $46,000.00
19 Switchboard C and Power for the
Concession/Restroom Building 1 LS $66,000.00 $66,000.00 20 Power for the Existing Restroom
Building and other loads to remain 1 LS $55,000.00 $55,000.00 21 Main Switchboard MSA/MSB 1 LS $144,000.00 $144,000.00 22 Switchboard B 1 LS $98,000.00 $98,000.00
23 Primary and secondary service
conduits 1 LS $40,000.00 $40,000.00
24 Telephone service conduit 1 LS $10,000.00 $10,000.00 25 Backstop Receptacles 1 LS $88,000.00 $88,000.00
26 Electrical demolition 1 LS $50,000.00 $50,000.00
27 SCE UG conduits & manhole 1 LS $86,000.00 $86,000.00 28 Fields #2 and #3 underground
conduits and pull boxes 1 LS $50,000.00 $50,000.00
Sub-total $1,857,000.00 $1,857,000.00
29 Storm Drain HDPE (4"-18") 1,345 LF $92.00 $123,740.00 30 18"x18" Drop Inlet 4 EA $6,000.00 $24,000.00
31 12"x12" Drop Inlet 4 EA $5,200.00 $20,800.00
32 Storm Drain Manhole 3 EA $8,700.00 $26,100.00
33 Sewer PVC Pipe (4") 95 LF $370.00 $35,150.00
34 Domestic Water Pipe (2") 67 LF $204.00 $13,668.00
35 Curb Inlet 1 EA $6,500.00 $6,500.00
36 Sidewalk Underdrain 6 EA $700.00 $4,200.00
37 Cleanout 1 EA $1,000.00 $1,000.00
Sub-total $255,158.00 $255,158.00
38 Concrete paving 4", natural grey,
broom finish 64,130 SF $11.00 $705,430.00
39 Concrete paving 7" at vehicular area,
natural grey, broom finish 5,140 SF $16.00 $82,240.00
40 Asphalt concrete paving, 3" over 6"
AB 18,860 SF $7.00 $132,020.00
41 Parking Lot Signage, Striping, Wheel
Stops and ADA Ramp 1 LS $10,000.00 $10,000.00
SITE ELECTRICAL
SITE UTILITIES
PAVING/CONCRETE
September 12, 2023 Regular Meeting of the Lindsay City Council 2
42 Stabilized Decomposed Granite 31,544 SF $5.00 $157,720.00 43 6" Curb 1,270 LF $30.00 $38,100.00
44 6" Concrete Mow Curb 232 LF $15.00 $3,480.00
45 Play Area Curb 525 LF $48.00 $25,200.00
Sub-Total $1,154,190.00 $1,154,190.00
46 Foul ball poles, 30'-0" high - At Field
#1 2 EA $13,000.00 $26,000.00
47 Safety Net 20' high 1,031 LF $590.00 $608,290.00
48 Aluminum Spectator Bleachers (4-
Row, 27' long) @ Field #1 2 EA $10,000.00 $20,000.00
49 Aluminum Spectator Bleachers (3-
Row, 21' long) 4 EA $4,500.00 $18,000.00
50 Aluminum Spectator Bleachers (3-
Row, 15' long) 1 EA $4,800.00 $4,800.00
51 Electronic Scoreboard @ Field #1 1 EA $36,000.00 $36,000.00 52 Electronic Scoreboards @ Field #2 &
#3 2 EA $14,000.00 $28,000.00
Dugouts Amenities
53 Bat rack 6 EA $620.00 $3,720.00
54 Aluminum Players Bench (7'-6" long;
3 per dugout) 18 EA $900.00 $16,200.00
Backstops, Fences and Gates
55 Field #1 - 30' H Chain-link backstop
w/ 8' Overhang 1 EA $130,000.00 $130,000.00
56 2" x 10" Plastic Lumber @ Field #1
30' Back Stop. Fields #2 and #3 20'
Backstops. 327 LF $360.00 $117,720.00
57 Field #2 and #3 - 20' Back Stop 2 EA $90,000.00 $180,000.00 58 8'-0" high Chain-link fencing - Field
#1 side lines and outfield 1,000 LF $80.00 $80,000.00
59 8'-0" high Chain-link fencing - Field
#1 bull pens and dugouts 289 LF $265.00 $76,585.00
60 8'-0" high Chain-link fencing - Fields
#2 and #3 side lines and outfield 1,277 LF $80.00 $102,160.00 61 8'-0" high Chain-link fencing - Field
#2 and #3 bull pens, dugouts, and
batting cage 540 LF $340.00 $183,600.00
62 (8' h x 4'w) Chain-link Gates , Single 23 EA $2,600.00 $59,800.00 63 (8'h x 8'w) Chain-link Gates, Double 4 EA $4,000.00 $16,000.00 64 (8'h x 12'w) Chain-link Gates, Double 6 EA $4,500.00 $27,000.00 Site Sports Surfaces
BALLFIELDS
September 12, 2023 Regular Meeting of the Lindsay City Council 3
65 Decomposed granite, Infield Mix -
fields #1, #2 and #3, Bullpens and
Batting Cage 52,000 SF $4.00 $208,000.00
66 Turf (Seed Ballfield) 114,124 SF $1.30 $148,361.20
67 9" Concrete Mow Curb at Fencing in
turf areas 1,733 LF $45.00 $77,985.00
Sub-Total $2,168,221.20 $2,168,221.20
68 Drinking fountains 2 EA $15,000.00 $30,000.00
69 Trash receptacles 20 EA $1,700.00 $34,000.00
70 Dog Waste Station 2 EA $1,200.00 $2,400.00
71 Picnic Table ADA 8' Long 12 EA $3,500.00 $42,000.00
72 Picnic Table Standard 6' Long 15 EA $3,100.00 $46,500.00 73 BBQ w/ Prep Table 9 EA $3,500.00 $31,500.00
74 Grant Funding Signage 1 LS $5,000.00 $5,000.00
75 Entry Monument 1 EA $20,000.00 $20,000.00
76 Existing Memorial Removal and
Relocation 1 LS $6,500.00 $6,500.00
77 Existing Shade Shelter Removal and
Relocation 1 LS $52,000.00 $52,000.00
78 Concrete Seat wall @ Ballfield 19 LF $1,400.00 $26,600.00 79 Play Area #1 @ North End 1 LS $243,350.00 $243,350.00 80 Play Area #2 @ South End 1 LS $36,000.00 $36,000.00
81 Play Area Engineered Wood Fiber
Surfacing 8,055 SF $5.00 $40,275.00
82 Bike Rack 3 EA $800.00 $2,400.00
83 Park Bench 11 EA $2,300.00 $25,300.00
84 2-Bay Trash Enclosure 1 EA $38,000.00 $38,000.00
85 Removable Bollards 6 EA $1,300.00 $7,800.00
86 Permaloc Cleanline Aluminum
Edging 444 LF $12.00 $5,328.00
87 All Ballfield Equipment not listed for
fields and bull pens (i.e. bases, home
plate, pitching rubbers) 1 LS $50,000.00 $50,000.00
Sub-Total $694,953.00 $694,953.00
88 24" Box Trees 116 SF $375.00 $43,500.00
89 Soil Preparation for planting areas 1,294 SF $2.50 $3,235.00 90 1 Gallon Shrubs 1,294 SF $16.00 $20,704.00
91 Soil Preparation for turf (Passive
Areas) 55,733 SF $0.60 $33,439.80
92 Turf (Seed) (Passive Areas) 55,733 SF $0.75 $41,799.75 Sub-Total $142,678.55 $142,678.55
SITE AMENITIES
PLANTING
September 12, 2023 Regular Meeting of the Lindsay City Council 4
93 Booster Pump 1 allow $60,000.00 $60,000.00
94 Irrigation Ballfields 114,153 SF $2.50 $285,382.50
95 Ballfield Infield Rotors 1 LS $18,000.00 $18,000.00
96 Tree Irrigation (Bubblers) 116 EA $175.00 $20,300.00 97 Irrigation for Turf (Passive Areas) 55,733 SF $2.00 $111,466.00 98 Maintenance and Plant establishment
Period (Working Day) 90 WD $200.00 $18,000.00
Sub-Total $513,148.50 $513,148.50
99 Restroom/Concession/Storage BLDG 1 EA $703,000.00 $703,000.00 Sub-Total $703,000.00 $703,000.00
100 Skatepark 1 LS $740,000.00 $740,000.00
Sub-Total $740,000.00 $740,000.00
$9,011,571.65
$360,462.87
$901,157.17
$10,273,191.68
NO. DESCRIPTION EST. QTY. UNIT UNIT COST ITEM COST SUBTOTAL 1 Field #2 (200'/200'/200') - Musco
LED Lights, poles and branch circuit
wires 1 LS $109,000.00 $109,000.00
2 Field #3 (200'/200'/200') - Musco
LED Lights, poles and branch circuit
wires 1 LS $109,000.00 $109,000.00
3 Walkway Lighting - LED (39
walkway lights/poles) 1 LS $618,000.00 $618,000.00
4 North End Restroom Building &
required Power 1 LS $309,000.00 $309,000.00
5 Security/Surveillance System 1 LS $216,000.00 $216,000.00 6 Skate Park - LED Lighting 1 LS $135,000.00 $135,000.00 7 Play Area #3 @ Ballfields 1 LS $44,235.00 $44,235.00
101
6' Block Wall Along Residential w/
Vines 684 LF $470.00 $321,480.00
102 D.G. Areas Upgraded to 4" Concrete 13,270 SF $6.00 $79,620.00 103
Asphalt Areas Upgraded to 7"
Concrete 8,798 SF $9.00 $79,182.00
104 Synthetic Turf in Bullpens 3,509 SF $15.00 $52,635.00
ADDITIVE ALTERNATES
TOTAL
SUBTOTAL
IRRIGATION
General Conditions 10%
Mobilization 4%
SKATEPARK
RESTROOM/CONCESSION BUILDING
September 12, 2023 Regular Meeting of the Lindsay City Council 5
105
Safety Net 20' high @ Field #2 &
Field #3 715 LF $590.00 $421,850.00
106
10x30' Cantilever Shade Structure
over Bleachers at Field #1 2 EA $28,000.00 $56,000.00
107
10x22' Cantilever Shade Structure
over Bleachers at Fields #2 & #3 4 EA $23,500.00 $94,000.00 108
14x36' Cantilever Shade Shelter at
Skatepark 1 EA $32,000.00 $32,000.00
109 Play Area Rubberized Surfacing 8,055 SF $20.00 $161,100.00 110 Fitness Equipment (7 pieces total) 1 LS $22,000.00 $22,000.00 111 4' High Tube Steel Fencing 690 LF $220.00 $151,800.00 112 50' H. Flagpole 1 EA $11,000.00 $11,000.00
113 6'-0" high Chain-link Fencing 1,577 LF $55.00 $86,735.00 114 (6'h x 12'w) Chain-link gates, double 4 EA $4,400.00 $17,600.00 Sub-Total $3,127,237.00 $3,127,237.00
$3,127,237.00
$125,089.48
$93,817.11
$312,723.70
$3,658,867.29
NO. DESCRIPTION EST. QTY. UNIT UNIT COST ITEM COST SUBTOTAL 1a.
Basketball Court in lieu of Skatepark
w/ 10' Turf Perimeter 1 LS $125,000.00 $125,000.00
1b.
Turf and Irrigation in lieu of
Basketball Court 1 LS $30,000.00 $30,000.00
Sub-Total $155,000.00
General Conditions 10%
TOTAL
SUBTOTAL
Mobilization 4%
Design Contingency 3%
DEDUCT ALTERNATES
MIG has no control over the cost of labor, materials, equipment or the contractor's methods of determining costs. These opinions of probable costs represent our best judgement as design professionals familiar with the construction industry and public works contracts. MIG cannot and does not guarantee that proposals, bids or construction costs will not vary from our opinion of probable construction costs. Opinion of Probable Cost shall not be used as a bid form or for any bidding purposes.
September 12, 2023 Regular Meeting of the Lindsay City Council 6
STAFF REPORT
TO: Lindsay City Council
FROM: Nicholas Nave, Public Safety Lieutenant
DEPARTMENT: Public Safety
ITEM NO.: 11.8
MEETING DATE: September 12, 2023
ACTION & RECOMMENDATION
Notification of Participation in the Federal Excess Property Acquisition Program (1033 Program) through the Defense Logistic Agency’s Law Enforcement Support Office (LESO).
This is an informational item only, no action by the City Council is required at this time.
BACKGROUND | ANALYSIS
The Lindsay Department of Public Safety has continuously been a participating partner in the Federal Excess Property Acquisition Program (“1033 program”) through the Defense Logistics Agency’s Law Enforcement Support Office (“LESO”). This program allows for the transfer to Law Enforcement Agencies (LEA’s) excess federal property that has concurrent commercial, non-commercial or law enforcement use. Currently, the Lindsay Department of Public Safety has six (6) rifles and various calibers of ammunition that have been obtained through the program, which are used for training purposes.
Presidential Executive Order (EO) EO14074 amended certain aspects of the program and what types of property could be transferred or utilized by Law Enforcement, and under what circumstances certain items of “controlled property” could be utilized.
One component of the order is to provide notice to the public and governing body. This component is fulfilled by bringing forward this report and its attachments to the Lindsay City Council along with making related documents available for public inspection.
FISCAL IMPACT
The City could see thousands of dollars in potential savings, depending on what property is requested or received from the program. To date, The City has seen approximately $5,000 in savings.
ATTACHMENTS
• Executive Order (EO) 14074 Notice
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Curtis Cannon, Planning Manager
DEPARTMENT:
ITEM NO.:
City Services and Planning
11.9 MEETING DATE: September 12, 2023
ACTION & RECOMMENDATION
Second 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.
Based on the findings and subject to the conditions of approval within this report, City Sttaff recommends that Council approve the second reading of Ordinance No. 612 approving Zone Change No. 2023-01. A first reading of said ordinance was duly held and approved on August 08, 2023.
BACKGROUND | ANALYSIS
Mario Valmonte and Associates filed the application on behalf of Francisco Acevedo for the development of 116 residential units consisting of 85 single-family lots and 31 multi-family housing units. The proposal includes a General Plan Amendment to change the Land Use Designation from Low-Density Residential to Medium-Density Residential and a Zone Change to change the zone from R-1-7 to RM-3 and Planned Unit Development (PUD) Overlay over a 2.5-acre portion of the site to allow for the development of multi-family housing units. The 32-acre project site is bound to the north by W. Hickory Street, to the east by Parkside Avenue, to the south by Ono City Parkway, and to the west by Sequoia Avenue/Road 214 (APNs 201-230-003 to -009).
The proposed project would result in on-site infrastructure improvements, including the construction of interior access roads with five ingress/egress access points; one along Avenue 236, two along Parkside Avenue, and two along Road 214, new lighting and landscaping in accordance with City standards, and connection to existing City utilities, including water, wastewater and stormwater systems.
Change of Zone: Since the General Plan relies on the land use diagram (map) and basic allocations of land areas between various existing and future land uses as a resource in determining land use September 12, 2023 Regular Meeting of the Lindsay City Council
amendments, the proposed amendment would not be in conflict with the policies, objectives, and standards of the General Plan.
Zoning Ordinance Section 18.22.050.A provides criteria for review of zone changes:
“At the public hearing, the City Council shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed change is necessary to achieve the objectives of the Zoning Ordinance prescribed in Section 18.01.020, and how or why the proposed change is consistent with the General Plan and the stated purposes and application intended for the zone classification proposed.”
The proposed Land Use Designation of Medium-Density Residential and zoning designation of RM-3 would allow for a 2.5-acre portion of the site to develop with residential uses at a higher density than what is currently planned for. Approval of the project would allow for the development of the site that is consistent with the goals and policies of the General Plan.
Planned Unit Development: The proposed PUD includes the merging of seven existing single-family lots to allow for a 31-unit multi-family development on approximately 2.5 acres. The development will consist of two-story buildings with buildings of six, five, or two units. Each unit includes a single-car garage and a porch and patio. The development will be gated with a six-foot block wall along the perimeter of the project. The site also includes 25 uncovered parking stalls, refuse enclosures, a tot lot, and landscaped common areas.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
As Lead Agency under the California Environmental Quality Act (CEQA), the City staff reviewed the project to determine whether it could have a significant effect on the environment because of its development. In accordance with CEQA Guidelines Section 15382, “[s]ignificant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An Initial Study was prepared and found that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project in the form of mitigations have been made by or agreed to by the project proponent. A Mitigated Negative Declaration (MND) for the entire 32-acre site and all its stated uses was prepared and is attached. The 20-day public review period began on July 15 and will end on August 8.
FINDINGS
Amendments to the General Plan Map and Zoning Map may be approved by the Council if the proposed amendment is necessary to achieve the objectives of the Zoning Code described in Chapter 18.01 and if the amendment would be consistent with the goals and policies of the General Plan and the purposes and application intended for the zoning district classification proposed.
1. The project has been reviewed for compliance with the Municipal Code and the Subdivision Map Act and was found to be in compliance with the incorporation of the recommended Conditions of Approval.
September 12, 2023 Regular Meeting of the Lindsay City Council
2. The amendment is consistent with the goals and policies of the General Plan and the purposes and applications intended for the zoning district classification proposed.
RECOMENDED APPROVAL FINDINGS
1. The amendment is consistent with the goals and policies of the General Plan and the purposes and application intended for the zoning district classification proposed.
2. That the proposed location of the PUD is in accordance with the objectives of the Zoning Code.
3. That the proposed location of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, and welfare or materially injurious to properties or improvements in the vicinity.
4. That the proposed PUD will comply with each of the applicable provisions of this section.
5. That the standards of population density, site area and dimensions, site coverage, yard spaces, the height of structures, the distance between structures, off-street parking and off-street loading facilities, landscaped areas, and street design will produce an environment of stable and desirable character consistent with the objectives of the Zoning Code and will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.
6. That the combination of different dwelling types and/or a variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.
7. That the proposed PUD will satisfactorily mitigate potential environmental impacts in accordance with the provisions of Section 18.18.070 of this title.
FISCAL IMPACT
No fiscal impact associated with this action. Development impact fees will be paid when the residential units are constructed in accordance with City policy and State law.
ATTACHMENTS
• Proof of Notice of Public Hearing
• Ordinance No. 612
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
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 W. 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.
THE CITY COUNCIL OF THE CITY OF LINDSAY DOES ORDAIN AS FOLLOWS:
ARTICLE 1: The real property located in the City of Lindsay and described as follows:
APN 201-230-003 to -009 shall be and is hereby designated as RM-3.
ARTICLE 2: The City Planner of the City of Lindsay is hereby authorized, instructed, and directed to make the changes to the official Zoning Map of the City of Lindsay made by Article One of this Ordinance by outlining the boundaries of the described parcel of the Zoning Map adopted by Ordinance 437 of the City of Lindsay.
ARTICLE 3: This Ordinance shall be in full force and effect on and after the 30th day after its adoption by the City Council. Within 15 days after its adoption by the City Council, this Ordinance shall be published in full text or in summary in a newspaper of general circulation in the City of Lindsay.
Section 1. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15060(c)(2) (The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment).
Section 2. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability, or responsibility for damage to person or property upon the City of Lindsay, or any official, employee or agent thereof.
Section 3. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance.
September 12, 2023 Regular Meeting of the Lindsay City Council
Section 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Lindsay hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 5. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate, contradict or otherwise conflict with, applicable State and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Lindsay Municipal Code as amended by this ordinance are substantially the same as provisions in the Lindsay Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 6. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(l) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.
THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the ____th day of __________________ 2023.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the ____th day of __________________ 2023.
CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Hipolito A. Cerros, Mayor
September 12, 2023 Regular Meeting of the Lindsay City Council
ATTEST:
____________________________________
Francesca Quintana, City Clerk
September 12, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Araceli Mejia, Assistant City Planner
DEPARTMENT:
ITEM NO.:
City Services and Planning
12.1 MEETING DATE: September 12, 2023
ACTION & RECOMMENDATION
Public Hearing to Consider the Approval of Resolution No. 23-37, A Resolution of the City Council of the City of Lindsay Approving Tentative Parcel Map No. 23-02, A Request by LAV/Pinnacle Engineering On Behalf of Property Owner Nagi Moshen for the Property Located at 1467 West Tulare Road Off of Highway 65 (APN 199-050-067-000) in the Highway Commercial (CH) and Residential Multifamily (RM-3) Zones, and Finding that the that the Project is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15315.
BACKGROUND | ANALYSIS
Project Description:
Tentative Parcel Map No. 23-02 is requested by LAV/Pinnacle Engineering on behalf of property owner Nagi Moshen. The project is located at 1467 West Tulare Road, Lindsay, CA 93247 (APN: 199-050-067- 000), on the Northeast corner of Cedar Avenue and Highway 65. The 9.33-acre (Gross) property is currently zoned as both Highway Commercial (CH) and Multi-family Residential (RM-3) and has General Plan Land Use designations of Highway Commercial and Medium Density Residential.
The proposed Tentative Parcel Map (TPM) would split the parcels into two (2) parcels for the purpose of commercial and residential uses. The Southern 5.80 acres are zoned for Highway Commercial uses and labeled as Parcel B. The new parcel has a proposed travel center that includes a gas station with eight (8) pumps and sixteen (16) dispensers and a proposed convenience store with two additional lease spaces to serve as quick serve restaurants, one of which includes a drive through.
The Northern 3.53 acres, proposed Parcel A, would remain for multi-family residential uses to be developed at a density of 9-17 units per acre.
Analysis:
The proposed Tentative Parcel Map No. 23-02 and its future uses are consistent with the requirements of the General Plan, Zoning Ordinance, and Subdivision Ordinance of the City of Lindsay.
Section 17.24.060 of the Subdivision Ordinance includes four key elements for approval of tentative parcel maps:
September 12, 2023 Regular Meeting of the Lindsay City Council
1. Lots created shall conform to the applicable requirements of the Zoning Ordinance.
2. Utility easements and street rights-of-way shall be offered for dedication.
3. Water supply and sewage disposal shall be satisfactory to the City Engineer.
4. Public improvements shall be satisfactory to the City Engineer.
The site is within a convenient response time of public safety services. Existing and proposed water supply and conveyance facilities would provide adequate fire suppression capabilities. The project would require the installation and extension of utilities to serve the site, as listed in the conditions of approval.
Pursuant to Section 17.24.050 of the Lindsay Municipal Code, a Tentative Parcel Map may be approved if the proposed map meets the findings of the Municipal Code and the Conditions of Approval which are as follows:
1. The TPM shall comply with Title 17 of the City of Lindsay Municipal Code. Tentative maps shall be prepared in accordance with Section 17.6-Tentative Maps, Section 17.24-Parcel Map Subdivision, Section 17.44-Vesting Tentative Maps, and Section 17.28-Development Standards.
2. The project proponent shall provide easement record documents from the Preliminary Title Report. The easement record shall be referenced on the Tentative Parcel Map.
3. The project proponent shall comply with all comments and conditions from the California Department of Transportation (Caltrans) including the dedication of right of way for future roundabout.
4. Must comply with all the City of Lindsay development standards for infrastructure, Public Safety, and storm drainage.
5. Storm run-off from the project shall be directed to a permanent on-site basin per City Standards.
6. Street frontage improvements and utility extensions will be required at time of development, including the improvement of Cedar Avenue to the 40 ft. build out within City limits.
7. Submit a Final Parcel Map in accordance with the City of Lindsay Municipal Code Section 17.24, and as may be directed by the City Surveyor.
8. The Final Map and Improvements shall conform to the Subdivision Map Act, the City of Lindsay’s Subdivision Ordinance and Standard Improvements including City of Lindsay Municipal Code, Section 17.20-Final Map, Section 17.24-Parcel Map Subdivision, Section 17.28 Development Standards, and Section 17.32-Public Improvements.
9. The project shall be subject to the condition that necessary municipal services be funded by utilization of a Community Facilities District, as applicable to the development.
The project was duly noticed pursuant to State law in the Porterville Recorder at least 10 days prior to the September 12, 2023, public hearing date.
Pursuant to Chapter 17.16.100 of the Lindsay Municipal Code, notice of the public hearing was given not less than ten days nor more than twenty-five days prior to the date of the hearing by mailing postage prepaid, a notice of the time and place of the hearing to the names and last known addresses of the recorded legal owners of all properties within 300 feet of each boundary of the site, as shown on the latest adopted assessment roll of Tulare County.
FISCAL IMPACT
Revenue
$5,239 application processing fee received shall be deposited into 101-GENERAL FUND.
September 12, 2023 Regular Meeting of the Lindsay City Council
ATTACHMENTS
• Proof of Published Public Hearing Notice
• Proof of Public Hearing Notice Mailed to Property Owners within 300 feet • Tentative Parcel Map Application
• Tentative Parcel Map No. 23-02
• CEQA Notice of Exemption
• Resolution No. 23-37
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
NOTICE OF PUBLIC HEARING
The City of Lindsay invites you to two public hearings for the consideration of the project below.
These public hearings will be your opportunity to communicate any questions or concerns regarding the proposed project.
Hearing Date and Time: Tuesday, September 12th, 2023, at 6:00pm Hearing Location: Council Chambers, City Hall, 251 E Honolulu St. Lindsay CA 93247 Project: Tentative Parcel Map
Project Location: 1647 W Tulare Rd., Lindsay, CA 93247
Project Description: Subdivide approximately 9.25 acres into 2 parcels for the purpose of a gasoline station and convenience store. The northern parcel will remain as is with the intention of developing it into multifamily housing in the future.
AVISO DE AUDIENCIA PUBLICA
La Ciudad de Lindsay los invita a la junta de dos audiencias públicas para la consideración del proyecto descrito en este aviso. Esta junta servirá como oportunidad de expresar cualquier preocupación o pregunta durante las dos audiencias públicas.
Hora y fecha de junta: martes, 12 de septiembre, 2023 a las 6:00pm Ubicación de junta: sala de consejo, City Hall, 251 E Honolulu St. Lindsay, CA 93247 Proyecto: mapa de parcela provisional
Ubicación de proyecto: 1647 W Tulare Rd., Lindsay, CA 93247 Descripción de proyecto: división de aproximadamente 9.25 acres entre 2 parcelas con el propósito de construir una gasolinera y tienda. La parcela al norte quedará igual con la intención de eventualmente construir hogares multi familiares.
Thank you/Gracias,
Department of City Services
DEPARTMENT OF CITY SERVICES
7102 ext.4
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council
JOB No.: 21-992 DWG No.: TPM DATE: 05/04/2023 SHEET 1 OF 2 LAV // 12418 Rosedale Hwy., Suite B, Bakersfield, CA 93312 Phone: (661) 869-0184 // [email protected] Planning • Engineering • Surveying • Project Management PINNACLE Consulting & Engineering Services TENTATIVE PARCEL MAP NO. LOT 21 LOT 17 LOT 16 PARCEL A 3.25 AC NET 3.53 AC GROSS PARCEL B 5.05 AC NET 5.80 AC GROSS - September 12, 2023 Regular Meeting of the Lindsay City Council Page 242 W GG EW EE W W STOP JOB No.: 21-992 DWG No.: TPM DATE: 05/04/2023 SHEET 2 OF 2 LAV // 12418 Rosedale Hwy., Suite B, Bakersfield, CA 93312 Phone: (661) 869-0184 // [email protected] Planning • Engineering • Surveying • Project Management PINNACLE Consulting & Engineering Services TENTATIVE PARCEL MAP NO. LOT 21 LOT 16 LOT 17 PARCEL A 3.25 AC NET 3.53 AC GROSS PARCEL B 5.05 AC NET 5.80 AC GROSS September 12, 2023 Regular Meeting of the Lindsay City Council Page 243 Notice of Exemption Appendix E
Revised 2011
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: __________________
___________________________
___________________________
From: (Public Agency): ____________________________
_______________________________________________
_______________________________________________
(Address)
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County: _____________________ Description of Nature, Purpose and Beneficiaries of Project:
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: ____________________________________ Statutory Exemptions. State code number: ______________________________________________ Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? ҏ Yes
No
Signature: ____________________________ Date: ______________ Title: _______________________
Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________ Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
City of Lindsay
251 E Honolulu, PO Box 369
Lindsay, CA 93247
Tulare
Tentative Parcel Map No. 23-02
LAV/Pinnacle Engineering on behalf of property owner Nagi Moshen Lindsay Tulare
City of Lindsay
Same as Project Applicant
15315 Infill Development Projects
Print Form
The project split an approximately 9.33 acre (gross) property into Parcel A (3.53 acres) and Parcel B (5.80 acres).
Parcel A is designated Medium Density Residential by the City of Lindsay General Plan and Parcel B is designated as Highway Commercial.
The proposed TPM satisfies all criteria for Section 15315: The parcels will be in conformance with the City of Lindsay General Plan and the Municipal Code, no variances or exceptions are required, utility services are available to serve the site, the parcel was not involved in the division of a larger parcel within the last two years, and the topography of the has no slopes greater than 20 percent.
Parcel is located at 1467 West Tulare Road, Lindsay, CA 93247 (APN: 199-050-067-000), on the northeast corner of Cedar Avenue and Highway 65.
September 12, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-37
NUMBER 23-37
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY APPROVING TENTATIVE PARCEL MAP NO. 23-02, A REQUEST BY
LAV/PINNACLE ENGINEERING ON BEHALF OF PROPERTY OWNER
NAGI MOSHEN FOR THE PROPERTY LOCATED AT 1467 WEST
TULARE ROAD OFF OF HIGHWAY 65 (APN 199-050-067-000) IN THE
HIGHWAY COMMERCIAL (CH) AND RESIDENTIAL MULTIFAMILY
(RM-3) ZONES, AND FINDING THAT THE THAT THE PROJECT IS
EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION
15315 OF THE CEQA GUIDELINES.
At a regularly scheduled meeting of the City of Lindsay City Council held on September 12, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, LAV/Pinnacle Engineering, on behalf of property owner Nagi Moshen, has requested the approval of Tentative Parcel Map No. 23-02 to divide 9.33 acres (Gross) into two parcels located at 1467 West Tulare Road, Lindsay, CA 93247 on the Northeast corner of Cedar Avenue and Highway 65 (APN: 199-050-067-000); and
WHEREAS, the site is designated in the Lindsay General Plan as Highway Commercial and Medium Density Residential and zoned Highway Commercial (CH) and Multi-family Residential (RM-3); and
WHEREAS, the project is exempt from the California Environmental Quality Act pursuant to Section 15315; and
WHEREAS, the Lindsay City Council held a duly noticed public hearing at its September 12, 2023 Regular Meeting; and
WHEREAS, Planning Staff have prepared necessary investigations and prepared a staff report of information bearing upon the Tentative Parcel Map application.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The City Council of the City of Lindsay hereby finds that the proposed Tentative Parcel Map application is consistent with the provisions of the City September 12, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-37
of Lindsay Municipal Code Title 17, the Subdivision Map Act, and the Conditions of Approval.
SECTION 3. The City Council of the City of Lindsay hereby approves Tentative Subdivision Map No. 23-02 based on the evidence presented and subject to the following conditions:
1. The TPM shall comply with Title 17 of the City of Lindsay Municipal Code. Tentative maps shall be prepared in accordance with Section
17.6-Tentative Maps, Section 17.24-Parcel Map Subdivision, Section
17.44-Vesting Tentative Maps, and Section 17.28-Development Standards.
2. The project proponent shall provide easement record documents from the Preliminary Title Report. The easement record shall be referenced on the Tentative Parcel Map.
3. The project proponent shall comply with all comments and conditions from the California Department of Transportation (Caltrans) including the dedication of right of way for future roundabout.
4. Must comply with all the City of Lindsay development standards for infrastructure, Public Safety, and storm drainage.
5. Storm run-off from the project shall be directed to a permanent onsite basin per City Standards.
6. Street frontage improvements and utility extensions will be required at time of development, including the improvement of Cedar Avenue to the 40 ft. build out within City limits.
7. Submit a Final Parcel Map in accordance with the City of Lindsay Municipal Code Section 17.24, and as may be directed by the City Surveyor.
8. The Final Map and Improvements shall conform to the Subdivision Map Act, the City of Lindsay’s Subdivision Ordinance and Standard Improvements including City of Lindsay Municipal Code, Section
17.20-Final Map, Section 17.24-Parcel Map Subdivision, Section
17.28 Development Standards, and Section 17.32-Public
Improvements.
9. The project shall be subject to the condition that necessary municipal services be funded by utilization of a Community Facilities District, as applicable to the development.
SECTION 4. This Resolution is effective immediately upon its adoption.
September 12, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-37
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE September 12, 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
September 12, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Salvador Guzman, Director of Finance
DEPARTMENT:
ITEM NO.:
Finance
12.2 MEETING DATE: September 12, 2023
ACTION & RECOMMENDATION
Public Hearing to Consider the Approval of Resolution No. 23-38, A Resolution of the City Council of the City of Lindsay, Adopting the Fiscal Year 2023 – 2024 Operating Budget and the Fiscal Years 2024 – 2029 Five-Year Capital Improvement Plan.
Staff recommends that the City Council pass and adopt Resolution No. 23-38, adopting the Fiscal Year 2023 – 2024 Operating Budget and the Fiscal Years 2024 – 2029 Five-Year Capital Improvement Plan to establish funded operations for the fiscal year, met payroll and contractual obligations, and to continue to provide necessary services to the community.
BACKGROUND | ANALYSIS
On June 13, 2023, City Staff provided the City Council with a financial update and requested that the Council pass and adopt Resolution No. 23-19, to continue expenditures and revenues for sixty-days (60) in accordance with the adopted Fiscal Year 2022 – 2023 Operating Budget and Fiscal Year 2023 – 2027 FiveYear Capital Improvement Plan Budget in lieu of a Fiscal Year 2023-2024 Budget and Five-Year Capital Improvement Plan Budget. The extension request was made due to the disaster declaration that was in effect at that time as well as flood recovery demands, staff turnover, prolonged vacant positions, and other unforeseen extenuating and emergency circumstances which made the June 30, 2023, budget adoption date not feasible. At the June 13, 2023, meeting, the City Council passed and adopted Resolution No. 23-19 to ensure that the City met its payroll and contractual obligations as well as continued to provide necessary services to the community.
At this time, staff is presenting a proposed Fiscal Year 2023 – 2024 Operating Budget and Fiscal Years 2024-2029 Capital Improvement Plan (CIP), both of which are attached to this report, to the Lindsay City Council for consideration and making said reports available for public inspection and comment.
The total proposed operating budget for the 2023 – 2024 Fiscal Year is $19.6 million dollars. The proposed general fund budget is $8.4 million dollars. The proposed budget for the Wellness Center, Water, Sewer, and Refuse Enterprise Funds is $1.3 million dollars, $3 million dollars, $1.6 million dollars, and $967,149 dollars, respectively.
September 12, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
The total proposed budget for the Fiscal Year 2023 – 2024 Funded Capital Improvement Plan Projects is $6.5 million dollars for projects identified and funded through available fund balances, local, regional, State, Federal, and grant funds. The total proposed budget for Fiscal Years 2024 – 2029 Unfunded Capital Improvement Plan Projects is $55,437,439 million dollars.
It is important to note that proposed Operating Budget and CIP project values are based upon the best available data. Updates to the budget will be presented on a quarterly basis to the City Council and the public to ensure transparency in fiscal operations.
FISCAL IMPACT
Approval of the Budget and CIP establishes funded operations for the fiscal year. Should the City Council pass and adopt the proposed Fiscal Year 2023 – 2024 Operating Budget and the Fiscal Years 2024 – 2029 Five-Year Capital Improvement Plan, the below will be committed to for the coming fiscal year. • Operating budget of $19.6 million dollars.
• Capital Improvement Plan budget of $55.4 million dollars.
ATTACHMENTS
• Fiscal Year 2023 – 2024 Operating Budget and Fiscal Years 2024 – 2029 Five-Year Capital Improvement Plan
• Resolution No. 23-38
September 12, 2023 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY
Proposed
Operating Budget
September 12, 2023 Regular Meeting of the Lindsay City Council Page 1 of 135 Fiscal Year 2023-2024
Table of Contents
How to Use this Budget (pp. 3 – 4)
Message from the City Manager (pp. 5 – 8)
Community Overview (p. 9)
City Organization (pp. 10 – 26)
City Council (pp. 11– 14)
City Officials (pp. 15 – 16)
City Manager (pp. 17 – 18)
Public Safety (pp. 19 - 20)
Finance (pp. 21 – 22)
City Services (pp. 23 – 24)
Recreation | Wellness and Aquatic Center (pp. 25 – 26)
Personnel Information (pp. 27 – 36)
Fund Structure (pp. 37 – 38)
Levels of Budgetary Control (pp. 39 – 40)
Fund Summaries (p. 41)
Financials (pp. 42 – 117)
Appendix (pp. 118 – 135)
Capital Improvement Plan Fiscal Years 2024 – 2029 (118 – 135) September 12, 2023 Regular Meeting of the Lindsay City Council Page 2 of 135
How to Use this Budget
The details provided in this budget document are a snapshot of the financial health and community priorities of the City of Lindsay. This budget has been designed to deliver information clearly and concisely regarding the management of public funds. This document explains the services, objectives and spending plan for the 2023 – 2024 fiscal year and including all debt obligations and other vital information about the operations of the City. This document provides the design by which resources have been allocated to meet the needs of Lindsay residents in a manner that balances City revenues with community priorities and municipal requirements.
To help in your search for information, this budget document has been separated into the individual sections listed below. The following is a brief description of each prominent section:
Message from the City Manager
This section includes an Executive Summary presented by the City Manager to the Lindsay City Council and Lindsay Residents which provides an overview of the recommended budget and provides a narrative description of the fiscal health of the City as well as the general economic outlook for the upcoming fiscal year.
Community Overview
This section provides general information about the City of Lindsay.
City Organization
This section outlines department staffing levels and organizational impacts by department.
PersonnelInformation
The Personnel Section includes various charts and graphs that provide a detailed list of all employee positions and allocations for the upcoming fiscal year.
Annual Report
The Annual Report summarizes the forecasted revenues, expenses, debt, and personnel for the coming fiscal year.
Financials
The Financials section provides a detailed account of each fund’s estimated resources and appropriations for the 2023 – 2024 fiscal year. The City’s estimates for revenues are conservative and make assumptions based on current knowledge of impending circumstances.
Appropriations for expenditures are similarly conservative and are based on current service September 12, 2023 Regular Meeting of the Lindsay City Council Page 3 of 135
levels and known obligations.
Appendix
Included in the budget document as an appendix is the City of Lindsay’s Five‐Year Capital Improvement Plan.
September 12, 2023 Regular Meeting of the Lindsay City Council Page 4 of 135
Message from the City Manager
July 1, 2023
Esteemed Mayor, Members of the Council and the General Public, It is my honor to present the Fiscal Year 2023 – 2024 Operating Budget. Before we begin, I want to thank all the staff, reserves, and volunteers for the City of Lindsay. It is because of them that the City can provide essential services and support to the community. Their commitment and dedication to the job is unmatched. Only when they are successful at their duties and assignments, we can be successful.
Over the past decade, the City of Lindsay has navigated several financial issues and challenges.
These challenges have been driven by a variety of factor, including rising costs, declining revenues, and unexpected expenses. Some of these still plague the City and will continue to impact the City’s financials for years to come. In addition, we are operating in a post COVID-19 world which has presented its own set of unique challenges. Record inflation, more difficulties in hiring quality staff, changes to residents’ behavior when it comes to shopping and lifestyle choices. Despite these hurdles, we have remained dedicated to maintaining essential services and infrastructure for our community. Over the past three years the City has improved our financial situations considerable, thanks in large part to our own residents, Council, and staff.
The passage of Measure O, cannabis, increases property values, and permit revenue have resulted in expanded services and allowed staff to accomplish many goals. Below I will outline our accomplishments, project priorities and issues going forward for this budget cycle.
Notable Accomplishments
• Improved Financial stability for the General Fund
• Opening of the City’s first Dog Park
• Expanded Public Safety Reserve and Volunteer programs • Approval of the O’Hara Ranch Mini Storage Facility
• Approval of the Sierra Vista Landscaping project
• Sale of the McDermont Property
• Hired Director of Recreation
• Entered PRISM Risk Management Joint Powers Authority
• Updated User Fees
• Completed and Adopted a Cost Allocation Plan
• Fully implemented recommendations from the State Audit Report 2020-804 • Purchased 122 E. Honolulu St. & 190 Elmwood Ave.
• $298,000 dollars given to Lindsay families for Mortgage, Rent & Utilities • Santa Night, Tree Lighting, and several community events September 12, 2023 Regular Meeting of the Lindsay City Council Page 5 of 135
Sales Tax
Positive revenue trends for sales and use tax, including the voter-approved additional one percent (1%) tax imposed on retail transactions to fund general fund services are expected to continue for Fiscal Year 2023 – 2024.
The following two charts display the City’s historical revenue for all sales and use tax received by the City and anticipated future trends. The trends are strong indicator or our local economy.
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Staffing
One of the hurdles we've encountered is the increasing difficulty in hiring and retaining highly qualified staff in today's competitive job market. To continue providing top-notch services, we must invest in our workforce and offer competitive compensation packages that attract the best talent to serve our city.
Inflation
The record-high inflation rates in recent months have put additional strain on our budget and ability to fund projects accordingly. The rising costs of labor, goods and services have impacted our ability to effectively allocate resources. We are carefully monitoring this situation and are committed to making fiscally responsible decisions to mitigate the effects of inflation on our operations.
Key Project Priorities
In this budget, we are prioritizing projects that will enhance the quality of life for our residents and improve the overall infrastructure of our city. These projects include:
Olive Bowl/Kaku Park Renovation: We recognize the importance of our community spaces, and we are allocating funds for the renovation of Olive Bowl/Kaku Park to create a vibrant and welcoming recreational area for all to enjoy.
Street Projects: Maintaining our roadways is essential for the safety and mobility of our residents. We are investing in street projects to ensure our transportation infrastructure remains in excellent condition.
Building a Transit Center: Addressing transportation needs is a top priority. We are working towards building a transit center that will improve public transportation options and connectivity within our city and the rest of the County.
Sustainability of the Water Fund: We understand the critical issue of our water fund's financial imbalance. Relying on the general fund to support the water fund is unsustainable and places us in a precarious position. We are committed to developing a long-term plan to stabilize the water fund and ensure it operates independently without burdening the general fund.
Downtown Mixed-Use Project: This project aims to revitalize our downtown area, creating a vibrant hub for business, culture, and community. It will involve the development of mixed-use buildings that include commercial spaces, residential units, and public amenities to make our downtown area more attractive and economically vibrant.
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In closing
The City still faces significant challenges including escalating CalPERS and insurance costs, lack of operating and capital reserves. To that end, management will focus on key objectives for the Fiscal Year 2023 – 2024, including investing in staff training, continuing to support economic development by creating more opportunities, and pursuing new and innovative policies, procedures, and strategies for expanding our public services all while staying on budget. And as always, staff will continue to monitor the City’s financial position and provide regular updates to leadership and the Lindsay community.
I am proud of the achievements Staff and City Council has made by working together to overcome the unique obstacles faced by the City of Lindsay and I look forward to continuing to serve this community.
Sincerely,
Joseph M. Tanner
City Manager
September 12, 2023 Regular Meeting of the Lindsay City Council Page 8 of 135
Community Overview
The City of Lindsay incorporated as a General Law City
of the State of California in 1910 and laterreclassified and filed as a Charter City of the State of California in 1996. Lindsay is situated in an agricultural area,
nestled in the East of the Central Valley in a region
known as a national and world leader in the
agricultural output. The City of Lindsay currently
occupies an incorporated area of 2.41 square miles with an urban development boundary of 3.9 square miles
and serves a population of nearly 14,000 residents
(2022).
Location
2.5 Square Miles (Incorporated)
3.9 Square Miles (Urban
Development Boundary)
Lindsay is a small city with a lot to offer. A significant portion of Lindsay’s workforce is employed in
agricultural or agricultural‐adjacent enterprises. This heavy focus on agriculture has cultivated a quality,
resilient workforce that is simultaneously more
resilient to the economic swings than other workforces
and industries.
In addition to Agriculture, as Lindsay’s historically
predominate economic activity, the City is actively
engaged in revitalizing its Downtown Business
District, supporting local business, and attracting
exciting new ventures, particularly in the cannabis
industry.
The City of Lindsay is also home to a world‐renowned
school district. Lindsay Unified School District boasts a school climate index score in the 99th percentile, and it is revolutionary in its innovate learner‐center model. The City of Lindsay also has a lot to offer to residents who value an affordable housing market in a family‐focused
community, with proximity to larger cities,
entertainment, and recreation. The City of Lindsay has
Sequoia National Park and various reserves, hiking
trails, and cycling routes in its backyard.
Urban conveniences along with modern living in a
rural environment make Lindsay a truly desirable
community in which to live, work and play.
% of Population by Race and Ethnicity
Hispanic / Latino Non‐Hispanic / Latino
Asian .07% .90%
Black 0% .42%
Native American .41% .07%
Other 13.90% 0%
Two or More
Races .79% .47%
White Alone 71.81% 11.16%
Participation in civilian labor force – 16 years
and above
58.5%
Median Household Income
$37,073
Median value of housing units
$189,700
September 12, 2023 Regular Meeting of the Lindsay City Council Page 9 of 135
City Organization
The City of Lindsay operates in accordance with the City Council‐City Manager form of government as specified by the Lindsay City Charter. The five‐member Council is elected‐at‐large by City residents; the Mayor and Mayor Pro Tem are then selected by their fellow Council members. The Council is charged with setting the policy and priorities for the City and the City Manager is then tasked with ensuring that these polices, and priorities are implemented by City staff. Both City Council and City Management are held to the highest levels of ethical behavior and integrity in fiscal management. The chart below provides a graphic representation of the City of Lindsay’s organizational structure and the positions within it.
City of Lindsay Organization Chart
September 12, 2023 Regular Meeting of the Lindsay City Council Page 10 of 135
City Council
Mission
The mission of the City of Lindsay is to deliver quality services in a financially sustainable, transparent manner while prioritizing safety, infrastructure, community, and quality of life.
Department Overview
The City Council represents the will of Lindsay residents and is collectively responsible for crafting policy as well as authorizing the expenditure of funds to achieve said will as a governing body. Under the Council‐Manager form of government, the Council consists of five council members elected at large in staggered four‐year terms. The Council's duties include but are not limited to: providing the residents of Lindsay with essential services such as public safety, clean drinking water and drivable roads; overseeing and authorizing spending for essential municipal services; participating in regional organizations, boards, and committees; making provisions for, budgeting for, and providing adequate financial resources and physical facilities for a full range of quality City services and activities that equitably provide for the quality of life for all economic, social, ethnic and age groups within the City; and ensuring the overall well‐being of the City.
The City Council convenes on the second and fourth Tuesday of the month at 6:00 p.m. at 251 E.
Honolulu in Lindsay, California.
Fiscal Year 2022 – 2023 Accomplishments
Focusing on the City’s successes is important for maintaining and expanding upon the City’s momentum for positive change. As the City moves forward it is important to look back and recognize past accomplishments, as well as identify future potential for growth. While a comprehensive list of City Council accomplishments in fiscal year 2022 – 2023 is not feasible in this document, the following list provides some highlights from the year:
• Passed and adopted a user fee study and cost allocation plan to ensure 100% cost recovery. • Passed and adopted a new and improved cash-handling policy. • Improved the City’s financial stability.
• Approved the establishment of a Volunteer Fire and Police Program. • Approved the purchase of a new fleet for the Public Safety Department. • Approved the acquisition and sale of properties to further promote economic development. • Approved an agreement with the County of Tulare to repair Lindmore Street. • Hosted numerous events including Santa Night, Tree Lighting Festival, National Night Out, Family Camp Out, Kids Day, Movies in the Park, and Dive In Theatre, among many others.
September 12, 2023 Regular Meeting of the Lindsay City Council Page 11 of 135
Fiscal Year 2023‐2024 Objectives
For Fiscal Year 2023‐2024, the City Council of Lindsay has identified five top priorities for the City.
Priority No. 1. Ensure the City is Fiscally Sustainable and Resilient.
Strategies:
• Operate City government in a fiscally responsible and prudent manner to ensure that the City of Lindsay makes sound fiscal decisions.
• Develop, update, and maintain fiscal policies to ensure appropriate oversight and best practices. • Review the City’s fees and rates schedule.
• Ensure that enterprise funds generate appropriate revenue and not a drag on the General Fund.
Priority No. 2. Provide a Safe, and Clean Community Environment for All.
Strategies:
• Increase Fire Department personnel.
• Explore additional training opportunities.
• Identify funding sources other than the General Fund for public safety equipment. • Work with community partners and other governmental agencies on crime prevention. • Ensure that the City of Lindsay is prepared for emergencies. • Engage and effectively respond to the Community’s safety concerns.
Goal 3. Expand the Economic Base in Lindsay.
Strategies:
• Grow the number of employment opportunities in Lindsay. • Assist business growth for existing businesses.
• Recruit retail and other sales or excess tax generating businesses. • Focus on the redevelopment of Downtown Lindsay
Goal 4. Invest in Critical Streets, Water, and Sewer Infrastructure.
Strategies:
• Continue to monitor drought conditions throughout the state and in the region. • Develop and maintain infrastructure resources to support sustainable growth. • Ensure funding is in place for long-term fiscal stability. • Make Community Faculties Districts part of all new projects. • Ensure City’s Street fee is accurate and updated on a regular basis. • Work with and partner with Tulare County on funding street projects that our residents use.
Goal 5. Improve the Quality of Life for People that Live and Work in Lindsay.
Strategies:
• Improve City’s water quality.
• Provide high quality recreation options for residents of all ages. • Fund Recreation activities without using General Fund. • Invest and redevelop parks.
• Continue to development important partnerships with Lindsay Unified School District and Lindsay.
September 12, 2023 Regular Meeting of the Lindsay City Council Page 12 of 135
• Bring much needed housing, employment, youth, and family services to the residents of Lindsay.
• Determine potential recreation sites.
• Create a work environment for City employees that promotes and supports employee development, growth, and community
September 12, 2023 Regular Meeting of the Lindsay City Council Page 13 of 135
Hipolito A. Cerros
Yolanda Flores
Rosaena Sanchez
Ramona Caudillo
Ramiro Serna
Mayor
Term: 2020-2024
[email protected]
Mayor Pro Tem
Term: 2022-2026
[email protected]
Council Member
Term: 2022-2026
[email protected]
Council Member
Term: 2020-2024
[email protected]
Council Member
Term: 2020-2024
[email protected]
Lindsay City Council
September 12, 2023 Regular Meeting of the Lindsay City Council Page 14 of 135
City Officials
The City of Lindsay’s public officials oversee departmental operations and ensure strategic planning. Effective strategic planning involves an understanding of our community, who our residents are, and how well we are meeting their expectations and needs.
Joseph M. Tanner
City Manager
(559) 562‐7102 ext. 8010
[email protected]
Neyba Amezcua
Director of City Services and Planning
(559) 562‐7102 ext. 8040
[email protected]
Salvador Guzman
Director of Finance
(559) 562‐7102 ext. 8020
[email protected]
Richard Carrillo
Director of Public Safety
(559) 562‐2511 ext. 7121
[email protected]
Armando da Silva
Director of Recreation Services
(559) 562‐5196 ext. 8604
[email protected]
Curtis Cannon
Planning Manager
(559) 562-7102 ext. 8041
[email protected]
Joseph Avina
City Services Manager/Inspector
(559) 562-7102 ext. 8042
[email protected]
September 12, 2023 Regular Meeting of the Lindsay City Council Page 15 of 135
Mari Carrillo
Human Resources and Risk Manager
(559) 562‐7102 ext. 8033
[email protected]
Francesca Quintana
City Clerk and Assistant to the City Manager
(559) 562‐7102 ext. 8034
[email protected]
September 12, 2023 Regular Meeting of the Lindsay City Council Page 16 of 135
City Manager
Organization Chart
Mission
The goal of the Office of the City Manager is to ensure that all departments of the City are operating at optimal capacity to best serve the residents of the community. Through careful, proper, and professional administration, the City Manager seeks to exercise the will of the public represented by the City Council.
Department Overview
The City Manager is responsible for a variety of complex administrative duties. These duties include supporting City Council in the achievement of community goals; the administration of the City; overseeing all department heads; directing community relations efforts; and coordinating activities between other agencies such as the Federal, County, and State and neighboring municipalities.
The City Clerk and Assistant to the City Manager plays an auxiliary and integral role in ensuring that the Office of the City Manager is operating smoothly on a day-to-day basis. The City Clerk’s role and duties include disseminating public information; overseeing various projects; preparing materials for and facilitating City Council meetings; directing and implementing special projects, programs, and initiatives at the City Manager’s direction; supporting the County Elections Office; preparing various reports and recording and maintaining City Resolutions, Ordinances, and Municipal Code.
The Human Resources & Risk Manager is responsible for the administration of employee benefits, recruitment, training, personnel files, worker’s compensation, risk management, contract agreements including memorandums of understanding. The Human Resources & Risk Manager is responsible for promoting a positive and stable work environment for City employees and supporting the goals of the City to ensure the fair and equitable treatment of staff.
September 12, 2023 Regular Meeting of the Lindsay City Council Page 17 of 135
Fiscal Year 2022 – 2023 Accomplishments
The City of Lindsay has made great strides over the last year under the joint guidance of the Lindsay City Council and the Office of the City Manager.
Notable accomplishments include but are not limited to:
• Improved Financial stability for the General Fund.
• Opening of the City’s first Dog Park.
• Hired a total of 47 individuals across various departments. • Approval of the O’Hara Ranch Mini Storage Facility.
• Approval of the Sierra Vista Landscaping project.
• Sale of the McDermont Property.
• Hired Director of Recreation Services.
• Entered PRISM Risk Management Joint Powers Authority. • Updated User Fees.
• Completed Cost Allocation Plan.
• Fully implemented recommendation in the State Audit Report 2020-804. • Adoption of a Long-term Financial Plan.
• Purchased 100 E. Honolulu St.
• $298,000 dollars given to Lindsay families for Mortgage, Rent & Utilities. • Santa Night & Tree Lighting events.
Objectives For Fiscal Year 2023 – 2024
The Office of the City Manager is responsible for implementing the objectives identified by the City Council. This requires effective collaboration with the City Council, Department Heads, staff, and the community.
Objectives include but are not limited to:
• Create a rolling Five Year Financial Forecast.
• Provide training opportunities for all employees.
• Update Personnel Rules and Regulations.
• Increase Personnel in Public Safety and City Services. • Continue Public Outreach.
• Start a quarterly newsletter.
• Complete Olive Bowl/Kaku Park.
• Continue to explore additional funding opportunities for the Lindsay Transit Center. • Stabilize the City’s Enterprise Funds.
September 12, 2023 Regular Meeting of the Lindsay City Council Page 18 of 135
Public Safety
Organization Chart
Mission
The mission of the Lindsay Department of Public Safety is to ensure residents have an efficient and responsive police, fire, and animal control service, to maintain public safety and promote a healthy and positive quality of life, always with the best customer service.
Department Overview
The Lindsay Department of Public Safety is made up of three separate but equal and wellaligned components, managed by the Director of Public Safety. The Department encompasses full-time, reserve and volunteer police and fire personnel, along with animal control services.
Police, Fire and Animal Control, are closely supported by the department’s records unit and professional support staff. The records team is staffed with one full-time and one part-time employee, managed by an Administrative Supervisor. The law enforcement team is made up of two Lieutenants, four Sergeants, one Corporal and eleven Officers. Within these ranks are two School Resource Officers, one Detective, a Homeless Outreach Officer, multiple Field Training Officers and a Drone Operator in the near future. The department maintains a full-time fire service, with 24-hour coverage, consisting of a Fire Lieutenant, two Fire Apparatus Engineers, and five Volunteer Firefighters. Also among the departments staff is a Public Safety Chaplain who serves in a volunteer capacity.
The department aims to identify and solve problems throughout the community, maintain a proactive approach to crime, conduct proper follow up and improve the safety and quality of life of those that live, work or play in Lindsay.
The department’s staff prides itself on maintaining great working relationships with Lindsay residents and local community groups by providing excellent and efficient fire protection services, public safety protection services, and animal control services.
September 12, 2023 Regular Meeting of the Lindsay City Council Page 19 of 135
Fiscal Year 2022 – 2023 Accomplishments
The Department of Public Safety achieved several of its goals this past fiscal year.
Notable accomplishments include but are not limited to:
• Full level staffing of 35 employees during the fiscal year. • Added multiple full-time, reserve, and volunteer positions. • Hosted a Community Police Academy, Memorial Day Service, Family Campout and Military Banner Program.
• Numerous building upgrades and built an employee wellness patio. • Established a trap, neuter and release program.
Objectives for Fiscal Year 2023 - 2024
The Department of Public Safety is responsible for ensuring that the Lindsay community is safe and implementing the objectives identified by the City Council.
Objectives include but are not limited to:
• Continue to host clinical debriefings after critical incidents. • Focus on advanced training and succession planning.
• Fund and hire additional personnel for increased fire services.
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Finance
Organization Chart
Mission
The Department of Finance is committed to the transparent communication of accurate financial information to City Council, other City departments, Lindsay residents, and the community at large. The department holds integrity, accountability, consistency, and transparency in the highest regard, and it promotes strategic financial planning and performance reporting that realizes the effective and efficient use of public funds.
Department Overview
The department it is responsible for general ledger accounting, banking and investment, debt management, governmental accounting and reporting, accounts payable and accounts receivable, as well as utility billing.
Fiscal Year 2022 – 2023 Accomplishments
The City of Lindsay has greatly improved its financial standing over the recent years under the joint guidance of the City Manager, City Council, and financial consultants.
Notable accomplishments include but are not limited to:
• Completely implemented recommendations within State Auditor Report 2020-804 • Updated its user fees to ensure 100% cost recovery
September 12, 2023 Regular Meeting of the Lindsay City Council Page 21 of 135
• Adopted a new Cost Allocation Plan
• Updated its Cash Handling Policy
Objectives for Fiscal Year 2023 – 2024
The Finance Department aims to continue to provide support for the effective stewardship of City resources and yield a fiscally self-reliant city government while providing effective, basic municipal services in line with the objectives of the City Council.
Objectives include but are not limited to:
• Monitor, track, and comply with the funding requirements of the American Rescue Plan Act and other grant funding received.
• Maintain a strong internal control and low risk environment by managing the City’s financial resources in accordance with established budget and reserve policies. • Continue to provide regular budget updates to ensure the continued financial health of the City of Lindsay.
• Implement new policies and procedures to track and manage expenses across all departments. This includes reviewing current spending patterns, identifying areas for cost reduction, and enforcing a more efficient approval process for expenditures. By doing so, we aim to maximize available funds for critical operations and maintain a steady cash flow.
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City Services
Organization Chart
Mission
The mission of the City Services Department is to provide essential infrastructure and services to our community while maximizing the value of available resources. The department prioritizes in critical infrastructure, effective maintenance programs, and innovative solutions that improve the quality of life for Lindsay residents. The department strives to ensure the longterm sustainability and resilience of our community.
Department Overview
The City Services department manages the physical condition of the community and its environment. While some of the work that the department may do is out of public sight, as it heavily deals with underground infrastructure or is conducted at the treatment plants, much of the work is conducted in public sight. This work includes street repair projects and water and sewer projects.
The City Services Department is comprised of the following sub departments: maintenance, streets, parks, building, code enforcement, planning, engineering, water, wastewater, storm drain utilities, refuse services, land application site, and special districts.
Fiscal Year 2022 – 2023 Accomplishments
The City Services department has improved the state of the city and the quality of life of its residents in the recent years, all in line with the objectives of the City Council.
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Notable accomplishments include but are not limited to:
General Projects Street projects Water Projects
Re-roof project for Public Safety
and City Services Departments
Hermosa St Rehabilitation
Project (from Homassel to
Foothill)
Lafayette & Sycamore Water
Pipeline Project
Installed Outdoor Patio for
Public Safety Department
Procurement of Linda Vista
Loop Rehabilitation Project
Contract
Water Feasibility Study
West Hermosa Street Corridor
and Neighborhood
Enhancement Plan
Procurement of Valencia Street
Rehabilitation Project Contract
Well 11 Feasibility Study
Pedestrian Pathways Program Sierra Vista Landscaping Project Disinfection Byproducts PS&E Package
Lewis Creek Flooding Event
Cleanup and Response
Sewer Projects
Applied for $3M Grant for Cycle
II Clean California for Harvard
Park
Pump Upgrades
Objectives for Fiscal Year 2023 - 2024
The department aims to continue to provide high quality service to Lindsay residents while maintaining the functionality, safety, and sustainability of the City’s infrastructure in line with the goals and objectives of the City Council.
Objectives include but are not limited to:
• Addressing deferred maintenance in critical infrastructure, such as water and wastewater treatment facilities as well as roadways, to improve their condition and avoid further deterioration.
• Maintaining and improving existing infrastructure by assessing the condition of roads, water and wastewater treatment facilities, and other infrastructure assets to identify necessary repairs, upgrades, and maintenance.
• Optimize use of resources by managing budgets, staffing levels, and equipment efficiently to provide the highest quality services at the lowest possible cost. • Enhancing customer service by improving communication with residents, streamlining permit processes, and responding to inquiries and concerns in a timely and effective manner.
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Recreation | Wellness and Aquatic Center
Organization Chart
Mission
The Lindsay Wellness Center is the result of a continued valued partnership between the City of Lindsay and the Lindsay Local Hospital District. The Lindsay Wellness Center’s mission is three-pronged: (1) To provide resources and programming that educate and support our community and our members in leading healthy, active lives; (2) To promote wellness through physical health and fitness, as well as mental and social wellbeing; (3) To offer a friendly and safe environment for individuals of all ages to evolve in their journey toward optimal wellness.
Department Overview
The Wellness Center offers a variety of services in the areas of aquatics, fitness, and recreation. The Wellness Center boasts a state-of-the-art eight-lane swimming pool and a sloped-entry kiddie pool area; it offers pool rental to the community and serves as the home of the Lindsay High School Swim Team as well as the Lindsay Skimmers, a local competitive youth swim team. The Wellness Center pool provides a safe swim experience for the Lindsay Unified School District After School Program during school breaks. Various fitness and exercises classes are offered to members and non-members, as well as a full gym with various exercise machines and a free weights area. The Wellness Center is also proud to house Pro-PT Physical Therapy and OMNI Family Health as valued tenants.
In addition to the offerings found at the Wellness Center, the Recreation Department oversees other facilities around town such as the Olive Bowl, Harvard Park, and the Lindsay Sports Complex. Special community events include Summer Night Lights, Family Campout, Movies in the Park, Dive-in Theatre, Floating Pumpkin Patch, National Night Out, and Swim Lessons.
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Fiscal Year 2022 – 2023 Accomplishments
The Lindsay Recreation Department had many of its first this past fiscal year. The department was able to provide affordable activities, programs, and events with the help of partnerships and sponsorships in the community.
• Hosted Lindsay’s first ever Pumpkin Carving Party, Winter Coat Drive, and opened Lindsay’s first Lindsay Kiwanis Paw (Dog) Park.
• Revamped swim lessons to provide a better and overall organized experience for its clients. Current activities, programs, and events are provided and held at their highest level at the Wellness Center.
• Renovated and upgraded the Wellness Center facility.
• Completed several Capital Outlay Projects; new water heaters; upgrade of new facility water heaters; replaster of Competition Pool/Lap Swim Pool, retrofit lighting, upgrade of new facility lighting.
Objectives for Fiscal Year 2023 - 2024
The Recreation Department has identified top objectives for the upcoming fiscal yea to improve the quality of life of those who live, work, and play in Lindsay, all while being in line with the objectives of the City Council.
• Maintain a relationship and work with the Lindsay Local Hospital District on long-term financial strategies to sustain and ensure the Wellness Center can maintain and continue to operate health and wellness services and programs for the community. • Build community through recreation and offer affordable and positive community activities, programs, and events.
• Provide activities, programs, and events to enhance the quality of life for Lindsay residents.
• Collaborate with local non-profit organizations, the Lindsay Unified School District, and local businesses on recreation activities, programs, and events. • Maintain safe, positive, and clean facilities for citizens to experience. • Provide partnerships and/or sponsorship opportunities for local businesses and organizations to grow through our activities, programs, and events. • Achieve financial sustainability by optimizing the use of our facilities and properly sizing our staff levels.
September 12, 2023 Regular Meeting of the Lindsay City Council Page 26 of 135
Personnel Information
The City of Lindsay utilizes a forty‐hour work week to calculate the full time equivalent (FTE) of staffing levels. An employee that is scheduled to work forty hours per week is considered a full‐time position and is equal to one FTE. Employees that are scheduled to work less than forty hours per week are considered part‐time employees. To calculate the FTE for part time employees, scheduled work hours are divided by forty.
For example, if an employee is scheduled to work 20 hours per week, they are considered a part‐time employee and are equal to 0.5 FTE (20hrs/week ÷ 40hrs/week).
For the 2023 – 2024 Fiscal Year:
TOTAL NUMBER OF EMPLOYEES BY
LOCATION
EMPLOYEES BY LOCATION
Public Safety 25.0
City Services 25.0
Wellness 16.0
Finance 7.0
City Manager 5.0
TOTAL FTE 78.0
FTE COUNT
EMPLOYEES BY LOCATION
General Fund 41.5
Restricted Funds 3.7
Enterprise Funds 25.7
Special Revenue Funds 0.60
TOTAL FTE 71.5
In anticipation of continued growth, Staff is recommending the addition of critical staffing positions and resources that will enable the City to sustain and grow the quantity and quality of services provided to our residents, and that will help ensure compliance to standard municipal practices and procedures.
The below are proposed additional staffing:
NEW POSITIONS (INCLUDED IN FTE TOTAL)
Administrative Secretary 1.0
Fire Apparatus Engineer 1.0
Utility Operator II 1.0
Utility Operator II 1.0
Utility Operator Trainee 1.0
Pool Manager 1.0
TOTAL FTE ADDITIONS IN FY 2023-2024 6.0
September 12, 2023 Regular Meeting of the Lindsay City Council Page 27 of 135
City of Lindsay employees serve in multiple capacities. The salary and benefits for some City employees are allocated to multiple departments according to the time each staff member serves in those departments during the year. For example, for the position of the Director of City Services & Planning, the salary and benefits must be allocated to the General Fund, Water, Sewer, and other funds proportional to the time the Director spends working on projects in each fund. The Annual Salary Allocation designates the proportional allocation of each position’s salary and benefits to the appropriate departments/funds and is incorporated into the annual spending budget by fund. Salary allocation tables are reviewed annually, at a minimum, as part of the regular budget process.
A summary of the employee allocation as well as the complete salary allocation breakdown are provided below:
September 12, 2023 Regular Meeting of the Lindsay City Council Page 28 of 135
Salary Ranges and Payroll Benefits Information
The City has three bargaining units – one (1) for Public Safety employees, one (1) for Fire employees, and one (1) for Miscellaneous employees. Staffing is further divided into classifications for non‐exempt and exempt employees. Non‐Exempt Employees are eligible for overtime and all provisions of their governing Memorandum of Understanding (MOU). Exempt employees are not eligible for overtime but are eligible for all other provisions of their governing MOU and California State Labor Laws.
The City Manager and Department Heads are at‐will employees who operate under individual contracts with the City and are not eligible for overtime and excluded from MOU provisions.
The following Salary Schedule displays the annual range and salary steps for all positions, as approved by action of the City Council. To determine employee, pay per month, divide by 12. To determine pay per pay period, divide by 26. To determine pay by hour, divide by 2,080. Employees are evaluated annually and if recommended on merit, move one step up their assigned salary range until they reach the maximum.
September 12, 2023 Regular Meeting of the Lindsay City Council Page 29 of 135
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Unrepresented Part-Time Seasonal Interns/Seasonal $ 15.50 $ 15.50 $ 15.50 $ 15.50 $ 15.50 $ 15.50 $ 15.50 Non-Exempt Unrepresented Part-Time Recreation - Lifeguard $ 15.75 $ 16.54 $ 17.36 $ 18.23 $ 19.14 $ 20.10 $ 21.11 Non-Exempt Unrepresented Part-Time Recreation I $ 15.75 $ 16.54 $ 17.36 $ 18.23 $ 19.14 $ 20.10 $ 21.11 Non-Exempt SEIU Full-Time Maintenance $ 16.07 $ 16.87 $ 17.71 $ 18.60 $ 19.53 $ 20.50 $ 21.53 Non-Exempt SEIU Full-Time Account Clerk I $ 16.07 $ 16.87 $ 17.71 $ 18.60 $ 19.53 $ 20.50 $ 21.53 Non-Exempt SEIU Full-Time Code Enforcement Officer $ 16.07 $ 16.87 $ 17.71 $ 18.60 $ 19.53 $ 20.50 $ 21.53 Non-Exempt SEIU Full-Time Records Clerk $ 16.22 $ 17.03 $ 17.88 $ 18.77 $ 19.71 $ 20.70 $ 21.73 Non-Exempt SEIU Full-Time Maintenance Senior I $ 16.22 $ 17.03 $ 17.88 $ 18.77 $ 19.71 $ 20.70 $ 21.73 Non-Exempt Unrepresented Part-Time Lead Lifeguard $ 16.75 $ 17.59 $ 18.47 $ 19.39 $ 20.36 $ 21.38 $ 22.45 Non-Exempt SEIU Full-Time Community Development Specialist $ 17.46 $ 18.34 $ 19.25 $ 20.21 $ 21.23 $ 22.29 $ 23.40 Non-Exempt SEIU Full-Time Administrative Secretary $ 17.46 $ 18.34 $ 19.25 $ 20.21 $ 21.23 $ 22.29 $ 23.40 Non-Exempt SEIU Full-Time Utility Operator Trainee $ 17.60 $ 18.47 $ 19.40 $ 20.37 $ 21.39 $ 22.46 $ 23.58 Non-Exempt SEIU Full-Time Pool Manager $ 18.00 $ 18.90 $ 19.85 $ 20.84 $ 21.88 $ 22.97 $ 24.12 Non-Exempt Unrepresented Full-Time Executive Assistant/Deputy City Clerk $ 19.80 $ 20.79 $ 21.83 $ 22.92 $ 24.07 $ 25.27 $ 26.53 Non-Exempt SEIU Part-Time Records/IT Clerk $ 20.20 $ 21.21 $ 22.27 $ 23.38 $ 24.55 $ 25.78 $ 27.06 Non-Exempt SEIU Full-Time Maintenance Senior II $ 20.48 $ 21.51 $ 22.58 $ 23.71 $ 24.90 $ 26.14 $ 27.45 Non-Exempt SEIU Full-Time Animal Control Officer $ 20.48 $ 21.51 $ 22.58 $ 23.71 $ 24.90 $ 26.14 $ 27.45 Non-Exempt SEIU Full-Time Community Services Officer $ 20.48 $ 21.51 $ 22.58 $ 23.71 $ 24.90 $ 26.14 $ 27.45 Non-Exempt SEIU Full-Time Account Clerk III $ 20.58 $ 21.61 $ 22.69 $ 23.83 $ 25.02 $ 26.27 $ 27.58 Non-Exempt SEIU Full-Time Utility Operator I $ 24.76 $ 25.99 $ 27.29 $ 28.66 $ 30.09 $ 31.59 $ 33.17 Non-Exempt SEIU Full-Time Engineering Technician $ 25.57 $ 26.85 $ 28.19 $ 29.60 $ 31.08 $ 32.64 $ 34.27 Non-Exempt SEIU Full-Time Assistant City Planner $ 25.57 $ 26.85 $ 28.19 $ 29.60 $ 31.08 $ 32.64 $ 34.27 Non-Exempt SEIU Full-Time Building Inspector I $ 25.57 $ 26.85 $ 28.19 $ 29.60 $ 31.08 $ 32.64 $ 34.27 Exempt Unrepresented Full-Time Administrative Supervisor $ 31.00 $ 32.55 $ 34.18 $ 35.89 $ 37.68 $ 39.56 $ 41.54 Exempt Unrepresented Full-Time City Clerk/Assistant to the City Manager $ 31.00 $ 32.55 $ 34.18 $ 35.89 $ 37.68 $ 39.56 $ 41.54 Exempt Unrepresented Full-Time Maintenance Senior III $ 31.00 $ 32.55 $ 34.18 $ 35.89 $ 37.68 $ 39.56 $ 41.54 Exempt Unrepresented Full-Time Human Resources/Risk Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.28 Exempt Unrepresented Full-Time Planning Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time Finance & Accounting Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time IT Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time Executive Projects Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time City Services Manager/Inspector $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Non-Exempt SEIU Full-Time Utility Operator II $ 34.46 $ 36.18 $ 37.99 $ 39.89 $ 41.88 $ 43.98 $ 46.17 Exempt Unrepresented Full-Time City Services Deputy Director $ 34.80 $ 36.54 $ 38.37 $ 40.29 $ 42.30 $ 44.41 $ 46.64 Non-Exempt SEIU Full-Time Utility Operator III $ 38.92 $ 40.87 $ 42.91 $ 45.06 $ 47.31 $ 49.68 $ 52.16 *All hourly rates are based on a 40-hour work week.
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineeer $ 15.50 $ 16.28 $ 17.09 $ 17.94 $ 18.84 $ 19.78 $ 20.77 Non-Exempt Fire Full-Time Fire Lieutenant $ 22.06 $ 23.16 $ 24.32 $ 25.54 $ 26.81 $ 28.15 $ 29.56 Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineeer $ 21.70 $ 22.79 $ 23.92 $ 25.12 $ 26.38 $ 27.70 $ 29.08 Non-Exempt Fire Full-Time Fire Lieutenant $ 29.42 $ 30.89 $ 32.44 $ 34.06 $ 35.76 $ 37.55 $ 39.43 Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt LPOA Full-Time Public Safety Officer $ 25.37 $ 26.64 $ 27.97 $ 29.37 $ 30.84 $ 32.38 $ 34.00 Non-Exempt LPOA Full-Time Police Corporal $ 27.98 $ 29.38 $ 30.85 $ 32.39 $ 34.01 $ 35.71 $ 37.50 Non-Exempt LPOA Full-Time Public Safety Sergeant $ 30.89 $ 32.43 $ 34.06 $ 35.76 $ 37.55 $ 39.42 $ 41.40 Exempt Unrepresented Full-Time Public Safety Lieutenant $ 41.35 $ 43.42 $ 45.59 $ 47.87 $ 50.26 $ 52.77 $ 55.41 Category Bargaining Unit Type Title Minimum Maximum
Exempt Unrepresented Full-Time City Manager $ 55.05 $ 80.00 Exempt Unrepresented Full-Time Director of Public Safety $ 41.46 $ 70.00 Exempt Unrepresented Full-Time Director of Finance $ 41.72 $ 70.00 Exempt Unrepresented Full-Time Director of City Services & Planning $ 36.17 $ 71.40 Exempt Unrepresented Full-Time Recreation Services Director $ 34.37 $ 60.00 Public Safety Personnel
Contract Personnel
Administrative Rate
City of Lindsay
Hourly Salary Schedule
Effective: 06/01/2023
*Fire personnel are paid based on whether they are on the 56-hour per week average schedule or the 40-hour per week schedule. *Fire personnel will convert to a 56-hour work week upon completion of their training. *Holiday pay will still be paid out based on the 40-hour per week rate, regardless of whether an employee is on a 56-hour per week average schedule or a 40-hour per week schedule.
Fire Personnel
Fire Rate
September 12, 2023 Regular Meeting of the Lindsay City Council Page 30 of 135
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Unrepresented Part-Time Seasonal Interns/Seasonal $ 32,240.00 $ 32,240.00 $ 32,240.00 $ 32,240.00 $ 32,240.00 $ 32,240.00 $ 32,240.00 Non-Exempt Unrepresented Part-Time Recreation - Lifeguard $ 32,760.00 $ 34,403.20 $ 36,108.80 $ 37,918.40 $ 39,811.20 $ 41,808.00 $ 43,908.80 Non-Exempt Unrepresented Part-Time Recreation I $ 32,760.00 $ 34,403.20 $ 36,108.80 $ 37,918.40 $ 39,811.20 $ 41,808.00 $ 43,908.80 Non-Exempt SEIU Full-Time Maintenance $ 33,425.60 $ 35,089.60 $ 36,836.80 $ 38,688.00 $ 40,622.40 $ 42,640.00 $ 44,782.40 Non-Exempt SEIU Full-Time Account Clerk I $ 33,425.60 $ 35,089.60 $ 36,836.80 $ 38,688.00 $ 40,622.40 $ 42,640.00 $ 44,782.40 Non-Exempt SEIU Full-Time Code Enforcement Officer $ 33,425.60 $ 35,089.60 $ 36,836.80 $ 38,688.00 $ 40,622.40 $ 42,640.00 $ 44,782.40 Non-Exempt SEIU Full-Time Records Clerk $ 33,737.60 $ 35,422.40 $ 37,190.40 $ 39,041.60 $ 40,996.80 $ 43,056.00 $ 45,198.40 Non-Exempt SEIU Full-Time Maintenance Senior I $ 33,737.60 $ 35,422.40 $ 37,190.40 $ 39,041.60 $ 40,996.80 $ 43,056.00 $ 45,198.40 Non-Exempt Unrepresented Part-Time Lead Lifeguard $ 34,840.00 $ 36,587.20 $ 38,417.60 $ 40,331.20 $ 42,348.80 $ 44,470.40 $ 46,696.00 Non-Exempt SEIU Full-Time Community Development Specialist $ 36,316.80 $ 38,147.20 $ 40,040.00 $ 42,036.80 $ 44,158.40 $ 46,363.20 $ 48,672.00 Non-Exempt SEIU Full-Time Administrative Secretary $ 36,316.80 $ 38,147.20 $ 40,040.00 $ 42,036.80 $ 44,158.40 $ 46,363.20 $ 48,672.00 Non-Exempt SEIU Full-Time Utility Operator Trainee $ 36,608.00 $ 38,417.60 $ 40,352.00 $ 42,369.60 $ 44,491.20 $ 46,716.80 $ 49,046.40 Non-Exempt SEIU Full-Time Pool Manager $ 37,440.00 $ 39,312.00 $ 41,288.00 $ 43,347.20 $ 45,510.40 $ 47,777.60 $ 50,169.60 Non-Exempt Unrepresented Full-Time Executive Assistant/Deputy City Clerk $ 41,184.00 $ 43,243.20 $ 45,406.40 $ 47,673.60 $ 50,065.60 $ 52,561.60 $ 55,182.40 Non-Exempt SEIU Part-Time Records/IT Clerk $ 42,016.00 $ 44,116.80 $ 46,321.60 $ 48,630.40 $ 51,064.00 $ 53,622.40 $ 56,284.80 Non-Exempt SEIU Full-Time Maintenance Senior II $ 42,598.40 $ 44,740.80 $ 46,966.40 $ 49,316.80 $ 51,792.00 $ 54,371.20 $ 57,096.00 Non-Exempt SEIU Full-Time Animal Control Officer $ 42,598.40 $ 44,740.80 $ 46,966.40 $ 49,316.80 $ 51,792.00 $ 54,371.20 $ 57,096.00 Non-Exempt SEIU Full-Time Community Services Officer $ 42,598.40 $ 44,740.80 $ 46,966.40 $ 49,316.80 $ 51,792.00 $ 54,371.20 $ 57,096.00 Non-Exempt SEIU Full-Time Account Clerk III $ 42,806.40 $ 44,948.80 $ 47,195.20 $ 49,566.40 $ 52,041.60 $ 54,641.60 $ 57,366.40 Non-Exempt SEIU Full-Time Utility Operator I $ 51,500.80 $ 54,059.20 $ 56,763.20 $ 59,612.80 $ 62,587.20 $ 65,707.20 $ 68,993.60 Non-Exempt SEIU Full-Time Engineering Technician $ 53,185.60 $ 55,848.00 $ 58,635.20 $ 61,568.00 $ 64,646.40 $ 67,891.20 $ 71,281.60 Non-Exempt SEIU Full-Time Assistant City Planner $ 53,185.60 $ 55,848.00 $ 58,635.20 $ 61,568.00 $ 64,646.40 $ 67,891.20 $ 71,281.60 Non-Exempt SEIU Full-Time Building Inspector I $ 53,185.60 $ 55,848.00 $ 58,635.20 $ 61,568.00 $ 64,646.40 $ 67,891.20 $ 71,281.60 Exempt Unrepresented Full-Time Administrative Supervisor $ 64,480.00 $ 67,704.00 $ 71,094.40 $ 74,651.20 $ 78,374.40 $ 82,284.80 $ 86,403.20 Exempt Unrepresented Full-Time City Clerk/Assistant to the City Manager $ 64,480.00 $ 67,704.00 $ 71,094.40 $ 74,651.20 $ 78,374.40 $ 82,284.80 $ 86,403.20 Exempt Unrepresented Full-Time Maintenance Senior III $ 64,480.00 $ 67,704.00 $ 71,094.40 $ 74,651.20 $ 78,374.40 $ 82,284.80 $ 86,403.20 Exempt Unrepresented Full-Time Human Resources/Risk Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,182.40 Exempt Unrepresented Full-Time Planning Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time Finance & Accounting Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time IT Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time Executive Projects Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time City Services Manager/Inspector $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Non-Exempt SEIU Full-Time Utility Operator II $ 71,676.80 $ 75,254.40 $ 79,019.20 $ 82,971.20 $ 87,110.40 $ 91,478.40 $ 96,033.60 Exempt Unrepresented Full-Time City Services Deputy Director $ 72,384.00 $ 76,003.20 $ 79,809.60 $ 83,803.20 $ 87,984.00 $ 92,372.80 $ 97,011.20 Non-Exempt SEIU Full-Time Utility Operator III $ 80,953.60 $ 85,009.60 $ 89,252.80 $ 93,724.80 $ 98,404.80 $ 103,334.40 $ 108,492.80 *All hourly rates are based on a 40-hour work week.
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineeer $ 45,136.00 $ 47,407.36 $ 49,766.08 $ 52,241.28 $ 54,862.08 $ 57,599.36 $ 60,482.24 Non-Exempt Fire Full-Time Fire Lieutenant $ 64,238.72 $ 67,441.92 $ 70,819.84 $ 74,372.48 $ 78,070.72 $ 81,972.80 $ 86,078.72 Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineeer $ 45,136.00 $ 47,403.20 $ 49,753.60 $ 52,249.60 $ 54,870.40 $ 57,616.00 $ 60,486.40 Non-Exempt Fire Full-Time Fire Lieutenant $ 61,193.60 $ 64,251.20 $ 67,475.20 $ 70,844.80 $ 74,380.80 $ 78,104.00 $ 82,014.40 Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt LPOA Full-Time Public Safety Officer $ 52,769.60 $ 55,411.20 $ 58,177.60 $ 61,089.60 $ 64,147.20 $ 67,350.40 $ 70,720.00 Non-Exempt LPOA Full-Time Police Corporal $ 58,198.40 $ 61,110.40 $ 64,168.00 $ 67,371.20 $ 70,740.80 $ 74,276.80 $ 78,000.00 Non-Exempt LPOA Full-Time Public Safety Sergeant $ 64,251.20 $ 67,454.40 $ 70,844.80 $ 74,380.80 $ 78,104.00 $ 81,993.60 $ 86,112.00 Exempt Unrepresented Full-Time Public Safety Lieutenant $ 86,008.00 $ 90,313.60 $ 94,827.20 $ 99,569.60 $ 104,540.80 $ 109,761.60 $ 115,252.80 Category Bargaining Unit Type Title Minimum Maximum
Exempt Unrepresented Full-Time City Manager $ 114,504.00 $ 166,400.00 Exempt Unrepresented Full-Time Director of Public Safety $ 86,236.80 $ 145,600.00 Exempt Unrepresented Full-Time Director of Finance $ 86,777.60 $ 145,600.00 Exempt Unrepresented Full-Time Director of City Services & Planning $ 75,233.60 $ 148,512.00 Exempt Unrepresented Full-Time Recreation Services Director $ 71,489.60 $ 124,800.00 *Holiday pay will still be paid out based on the 40-hour per week rate, regardless of whether an employee is on a 56-hour per week average schedule or a 40-hour per week schedule.
Public Safety Personnel
Contract Personnel
City of Lindsay
Annual Salary Schedule
Effective: 06/01/2023
Fire Personnel
Fire Rate
Administrative Rate
*Fire personnel will convert to a 56-hour work week upon completion of their training. *Fire personnel are paid based on whether they are on the 56-hour per week average schedule or the 40-hour per week schedule.
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Benefit Summary
As part of the employee compensation package the City of Lindsay provides benefits to its employees.
The accumulation and use of these benefits is regulated by the policies and procedures of the City. The following paragraphs summaries these benefits. To review a comprehensive and detailed listing of said benefits, please visit the City of Lindsay website: https://www.lindsay.ca.us/hr/page/human-resourcesforms.
Vacation
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.
Sick Leave
A regular employee accrues sick leave on the first day of employment; sick leave hours may be used beginning on the 90th day of employment. Sick leave is accrued at the rate of 3.08 hours pay period (10 days per year). Upon separation from the City, sick leave is lost. Part-time, temporary, or seasonal employees will be provided 24 hours of sick leave on the first day of employment; sick leave hours may be used beginning on the 90th day of employment. An employee that retires from the City of Lindsay can elect to roll their sick leave into service credit with CalPERS.
Health Insurance
Open Enrollment is in November of each year. The health insurance provider for the City of Lindsay is Anthem Blue Cross. Employees may choose between a PPO 250 plan and PPO 500 plan based on individual needs. New full-time employees are eligible for benefits the first of the month following 30 days from the hire date. If an employee is hired part-time, temporary, or seasonal and moved to a benefit eligible class, the employee is eligible the first of the month following 30 days in the eligible class.
Dental Insurance
The City’s dental plan is offered through Premier Access, which offers two plans a HIGH and a LOW plan.
Vision Insurance
The City’s vision plan is offered through Superior Vision.
Employee Assistance Program
The EAP is a confidential service designed to help employees and their household members resolve September 12, 2023 Regular Meeting of the Lindsay City Council Page 32 of 135
personal and workplace challenges. Counseling services are available free of charge to employees 24/7 via phone or email.
Life Insurance
City employees are covered under term life insurance program through Lincoln Financial Group. An optional employee paid group supplemental life insurance program is also available to City employees.
The employee paid term life insurance policy covers the employee and dependents and is portable.
Deferred Compensation
The deferred compensation plan is a voluntary retirement program through Lincoln Life. City employees determine how much of their pay is to be directed towards the deferred compensation plan.
CalPERS Retirement
City of Lindsay employees participate in the CalPERS retirement system. Understanding the CalPERS system requires background information about pension reform in California and how a pension works.
To begin with, City employees are first divided into two classifications – Public Safety (Police and Fire) and Miscellaneous (all other employees). These two classifications participate at different rates and have different retirement ages. Effective January 1, 2013, CalPERS separated the entire CalPERS system (regardless of classification) into two designations – Classic (those hired prior to January 1, 2013) and PEPRA (those hired on or after January 1, 2013). PEPRA benefits are significantly less than and start later in life than those received by Classic employees. Additionally, PEPRA employees bear a higher percentage of the cost for the benefit. The result is a lowering of the pension liabilities the City and employees will pay into the CalPERS system. CalPERS invests monthly payments to generate future earnings. Retired employees receive pension payments from these future earnings, not the City in retirement. Each classification and designation are identified by a percent and an age. Employees multiply the number of years they participate in CalPERS by the percent to calculate what portion of their income they will continue to receive via CalPERS (not the City) at the age of retirement for their classification and designation. For example, 2% at 62 for an employee who joined CalPERS at age 42 would mean he or she would receive 40% of their salary in retirement (62 – 42 = 20 x 2% = 40%).
The following tables identify the classifications and designations along with the retirement benefit equation and how much the employees pay and the two components the City pays per pay period toward the pensions.
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Governments in the CalPERS system are facing sizable unfunded liabilities, which means the investments used to create the retirement account were not funded sufficiently past years. The past underfunding and less‐than‐ expected growth in investment markets have left the retirement system without enough principal to generate returns to fund fully the retirement contracts. CalPERS amortizes the unfunded liability based on return expectations and adjustments for past performance.
The following table shows the unfunded liability balance as of the most recent CalPERS Actuarial Valuation and the City’s required payments for fiscal year 2022‐2023.
September 12, 2023 Regular Meeting of the Lindsay City Council Page 34 of 135
Annual Position Allocation
Department Position FY 2023-2024 FTE General Utilities
Transit &
Gas Tax Wellness Other
City Manager City Manager 1.00 46% 29% 20% 5% 0%
City Manager Executive Assistant / Deputy City Clerk 1.00 70% 25% 0% 5% 0% City Manager Assistant to the City Manager / City Clerk 1.00 70% 25% 0% 5% 0% City Manager Administrative Secretary 1.00 55% 25% 10% 10% 0% City Manager Human Resources Manager 1.00 55% 25% 10% 10% 0% Public Safety Director Of Public Safety 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Lieutenant 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Lieutenant 1.00 98% 2% 0% 0% 0% Public Safety Public Safety Sergeant 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Sergeant 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Sergeant 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Sergeant 1.00 100% 0% 0% 0% 0% Public Safety Police Corporal 1.00 100% 0% 0% 0% 0%
Public Safety Public Safety Officer 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Officer 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Officer 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Officer 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Officer 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Officer 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Officer 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Officer SRO II 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Officer 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Officer 1.00 100% 0% 0% 0% 0% Public Safety Public Safety Reserve Officer - 100% 0% 0% 0% 0% Public Safety Public Safety Reserve Officer - 100% 0% 0% 0% 0% Public Safety Public Safety Reserve Officer - 100% 0% 0% 0% 0% Public Safety Animal Control Officer 1.00 100% 0% 0% 0% 0% Public Safety Fire Lieutenant 1.00 98% 2% 0% 0% 0%
Public Safety Fire Apparatus Engineer 1.00 100% 0% 0% 0% 0% Public Safety Fire Apparatus Engineer 1.00 100% 0% 0% 0% 0% Public Safety Fire Apparatus Engineer 1.00 100% 0% 0% 0% 0% Public Safety Administrative Supervisor 1.00 100% 0% 0% 0% 0% Public Safety Records Clerk 1.00 100% 0% 0% 0% 0%
Finance Director of Finance 1.00 37% 50% 10% 2% 1%
Finance Finance & Accounting Manager 1.00 37% 50% 10% 2% 1% Finance Administrative Supervisor 1.00 45% 40% 8% 5% 2% Finance Account Clerk 3 1.00 45% 40% 8% 5% 2%
Finance Account Clerk 3 1.00 20% 70% 4% 5% 1%
Finance Account Clerk 3 1.00 9% 85% 0% 5% 1%
Finance Account Clerk 1 1.00 9% 85% 0% 5% 1%
City Services Director Of City Services 1.00 25% 46% 24% 0% 5% City Services City Services Deputy Director 1.00 25% 49% 24% 0% 3% City Services City Services Manager / Inspector 1.00 80% 10% 10% 0% 0% City Services Engineering Tech 1.00 49% 30% 19% 0% 2%
City Services Planning Manager 1.00 100% 0% 0% 0% 0%
City Services Assistant City Planner 1.00 100% 0% 0% 0% 0% City Services Utility Operator 2 1.00 0% 100% 0% 0% 0%
City Services Water Utility Operator 1 1.00 0% 95% 0% 0% 5% City Services Utility Operator Trainee 1.00 0% 100% 0% 0% 0% City Services Sewer Utility Operator 2 1.00 0% 100% 0% 0% 0% City Services Utility Operator 1 1.00 0% 100% 0% 0% 0%
City Services Sewer Utility Operator Trainee 1.00 0% 95% 0% 0% 5% September 12, 2023 Regular Meeting of the Lindsay City Council Page 35 of 135
City Services Senior Maintenance 3 1.00
60% 20% 15% 5% 0%
City Services Senior Maintenance 2 1.00 60% 20% 15% 5% 0% City Services Senior Maintenance 1 1.00 30% 25% 45% 0% 0% City Services Maintenance (PARKS) 1.00 100% 0% 0% 0% 0% City Services Maintenance (PARKS) 1.00 100% 0% 0% 0% 0% City Services Maintenance 1.00 30% 15% 55% 0% 0%
City Services Maintenance 1.00 0% 100% 0% 0% 0%
City Services Maintenance 1.00 100% 0% 0% 0% 0%
City Services Maintenance 1.00 30% 15% 55% 0% 0%
City Services Maintenance (Building) 1.00 100% 0% 0% 0% 0% City Services Code Enforcement 1.00 100% 0% 0% 0% 0%
City Services Administrative Supervisor 1.00 30% 30% 10% 0% 30% City Services Administrative Secretary 1.0040% 40% 20% 0% 0% Wellness Recreation Director 1.00 0% 0% 0% 100% 0%
Wellness Administrative Secretary 1.00 0% 0% 0% 100% 0% Wellness Recreation 1 0.50 0% 0% 0% 100% 0%
Wellness Recreation 1 0.50 0% 0% 0% 100% 0%
Wellness Recreation 1 (Maintenance) 0.50 0% 0% 0% 100% 0% Wellness Pool Manager 1.00 0% 0% 0% 100% 0%
Wellness Lifeguard (Permanent PT) 0.50 0% 0% 0% 100% 0% Wellness Lifeguard (Permanent PT) 0.50 0% 0% 0% 100% 0% Wellness Lifeguard (Permanent PT) 0.50 0% 0% 0% 100% 0% Wellness Lifeguard (Permanent PT) 0.50 0% 0% 0% 100% 0% Wellness Lifeguard (Permanent PT) 0.50 0% 0% 0% 100% 0% Wellness Lifeguard 0.50 0% 0% 0% 100% 0%
Wellness Lifeguard 0.50 0% 0% 0% 100% 0%
Wellness Lifeguard 0.50 0% 0% 0% 100% 0%
Wellness Lifeguard 0.50 0% 0% 0% 100% 0%
Wellness Lifeguard 0.500
% 0% 0% 100% 0%
September 12, 2023 Regular Meeting of the Lindsay City Council Page 36 of 135
CITY OF LINDSAY, CA | ADOPTED BUDGET | FISCAL YEAR 2022‐2023 Fund Structure
General Fund
The primary operating fund of the City of Lindsay is the General Fund. The General Fund is used to account for all financial resources except those required to be accounted for in another fund. Individual funds for general government activities are rolled into the General Fund including public safety, city services, and administration funds. All the City’s financial activities are accounted for in the General Fund unless there is a compelling reason to report them in some other fund type. City Council establishes an appropriation limit for the General Fund pursuant Article XIIIB of the State Constitution, otherwise referred to as the GANN Limitation. The GANN Limit is a spending limit for proceeds of taxes. This limit is based on historical limits, adjusted by the change in California Per Capita Income and by the change of the Lindsay’s population.
Committed Funds
Committed Funds account for revenue resources collected for specific uses and are established by formal action of the City Council of the City of Lindsay. To be reported as committed, amounts cannot be used for any other purpose unless the City takes the same highest level action to remove or change the constraint.
Restricted Funds
Restricted Funds are funds that can be spent only for the specific purposes stipulated by external resource providers. For example, gas tax funds are State allocated funds restricted for street improvement activity and pedestrian and transportation projects.
Enterprise Funds
Business‐type revenue funds are restricted specifically for the use for which they are collected. In contrast to the General Fund, each enterprise fund operates similar to a business and funds are accounted for separately. These funds are primarily through fees for services with user charges established and maintained at properlevels to assure adequate revenues to pay for operations, maintain adequate September 12, 2023 Regular Meeting of the Lindsay City Council Page 37 of 135
CITY OF LINDSAY, CA | ADOPTED BUDGET | FISCAL YEAR 2022‐2023 reserves and fund maintenance repair and replacement of critical equipment, facilities, and infrastructure.
Special Revenue Funds
Special revenue funds are used to account for specific revenue sources the City intends to use for a specific purpose.
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Levels of Budgetary Control
The City maintains budgetary controls with the objective of ensuring compliance with legal provisions embodied in the annual appropriated budget approved by the City Council.
During the fiscal year, due to emergencies or changes in circumstances, it may become necessary to transfer appropriations between funds or increase the appropriation for new projects for programs approved by the City Council. An adjustment is requested through a budget amendment which includes an explanation as to why the change is necessary. City Council may approve changes to resources held during regularly scheduled meetings held throughout the fiscal year. The council may amend the budget to add to or increase programs or amounts or to delete or decrease any programs or amounts, except those expenditures required by law or for debt services, but no amendment to the budget shall increase the authorized expenditures for any fund to an amount greater than the total estimated income and carried forward fund balances, plus appropriated reserves. 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 part of the budget, but only the Council by resolution may transfer monies between funds and from unappropriated balances or fund balances to any fund or appropriation account. Encumbered amounts lapse at year end and, encumbrances outstanding at year end are reappropriated as part of the following year’s budget. Activities for Debt Service, and Capital Projects are included in the annual appropriated budget. When both restricted and unrestricted resources are available for use, it is the City’s policy to use restricted resources first, followed by the unrestricted committed, assigned, and unassigned resources as they are needed.
Annual Budget Calendar
Timeframe Budget Event
March Department heads submit proposed operating and capital budgets, goals and performance standards to City Manager. City Manager and Finance Director take information from department heads and prepare the proposed budget for coming fiscal year.
May through June Proposed operating and capital budgets for all Accounting Funds is distributed to public, press and City Council. Copies are available for public review at City Hall and on City website. City Council conducts reviews during work meetings and invites public participation and input.
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June Public hearing is held wherein the public is invited to comment on proposed annual budget. City Council makes final budget changes. City Manager incorporates changes made by City Council into final budget document.
No later than June 30 Final budget is adopted by the City Council.
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Fund Summaries
General Fund
Staff is largely focusing on growing general fund revenues to address the deficit fund balance in the General Fund caused by the reinstatement of interfund loans. Positive revenue trends for sales and use tax, including the voter‐approved additional one percent (1%) tax imposed on retail transactions to fund general fund services for public safety are expected to continue for Fiscal Year 2023 – 2024.
Street Improvement Fund
Operations remain positive for the Street Improvement Fund. A study was conducted to provide updated values for street impact fees caused by City utility services. The final study is expected to be presented for the consideration of Lindsay City Council in the near future.
Water Enterprise Fund
The Water fund continues to struggle financially. The Water fund ended with an operating loss in the prior year and does not have any financial reserves for capital outlay projects needed to maintain or upgrade its aging infrastructure. Staff has completed a waterrate study to address these issues; the final water rate study is expected to be presented for the consideration of Lindsay City Council in the near future.
Sewer Enterprise Fund
Operations remain positive for the sewer enterprise fund and several capital outlay projects are scheduled for Fiscal Year 2023 – 2024 to maintain and upgrade aging infrastructure. A study reviewing sewer rates has been conducted to ensure long‐term operations for the system.
Results of the study are expected to be presented for the consideration of Lindsay City Council in the near future.
Wellness Enterprise Fund
The resources of the Wellness Center continue to grow through community partnership agreements, namely with the Lindsay Local Hospital District and the Lindsay Unified School District. The City uses general funds to cover annual deficits to support the Wellness Center’s ability to continue to provide health and social benefits to the residents of Lindsay and the community at large.
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