Lindsay City Council
October 10, 2023

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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 October 10, 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, October 10, 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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CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
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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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October 10, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
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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,
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CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
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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.

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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
October 10, 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 & Planning

8.5 MEETING DATE: October 10, 2023

ACTION & RECOMMENDATION
Second Reading of Ordinance No. 611, An Ordinance of the City Council of the City of Lindsay Amending Chapter 18.14 Home Occupations; Temporary Subdivision Signs And Sales Offices; Mobile Parks; Signs And Outdoor Advertising Structures; Manufactured And Second House Units of Title Eighteen (18) Zoning of the Lindsay Municipal Code, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only.

City Staff recommends that the City Council approve the second reading of Ordinance No. 611 to update the existing code to provide up-to-date and applicable regulation language to the Sign Permit process.

BACKGROUND | ANALYSIS
The City of Lindsay (“City”) Municipal Code Title 18.14 provides provisions for signs to be installed either permanently or temporarily for the purpose of advertising. Said Title also provides regulations for the installation of art murals. Ordinance No. 611 (attached to this report) proposes amendments to the current provisions within Title 18.14 of the Municipal Code to provide up-to-date and applicable regulation language to the application and process for requesting a Sign Permit.

It is the City’s goal to work closely with applicants to understand the needs of each Sign Permit application and provide applicants with the necessary guidelines and information for the Sign Permit process. At the request of the City Council, a Sign Ordinance Ad-Hoc Committee was established to provide imput and direction of amendments to the current Sign Ordinance provisions. Therefore, City Staff has been directed to amend the existing provisions of Title 18.14 and to amend Sign Permit fees set via City Council Resolution.

The most prominent recommended amendments are summarized below. A comprehensive redline copy of Ordinance No. 611 is attached to this report.

18.14.240 Temporary Sign Standards
C. Temporary building signs shall be removed after a period of 90 days. After removal, no temporary building sign may be placed on the site for a period of 365 days.

D. Banners shall not be used as permanent signs for more than 90 days.

October 10, 2023 Regular Meeting of the Lindsay City Council

E. Banners and feather banners shall be constructed of durable, weather-resistant materials no subject to rapid deterioration or fading and shall be professional in appearance. Acceptable materials include but are not limited to vinyl, nylon, reinforced vinyl, polyethylene or polyesterlike materials, or durable fabric. Only one banner is permitted per business or establishment.

H. New businesses may apply for one temporary sign permit, free of charge, within their first year of business. The permit fee waiver will only be applicable for one sign.

18.14.250 Size of Signs on Windows
Window signs shall not be counted toward the maximum allowable sign area. Signs affixed on windows may cover up to 100% of each window provided they meet the following standards:

A. No handwritten signs shall be displayed.

B. No newspaper, magazine paper, or any non-durable material that may be subject to rapid deterioration.

C. Signs shall be maintained to appear presentable and professional.

Smoke shops, cannabis retail, and establishments that sell liquor shall follow the mandated regulations provided by California State law for window visibility and general advertisement.

18.14.320 Wall Mural Placement and Design Criteria
A. “Wall mural” or “mural” means an art form consisting of paint applied to a wall surface. Wall murals must fit thematically into the City of Lindsay either historically, culturally, or through depictions of local scenery. A wall mural is to be public art, not for the purpose of identifying, advertising, or drawing attention to a particular business, service, or economic activity.

B. Words and/or images that identify or reflect a business, product, and/or services or economic activity may only be incorporated within the mural by order of a variance.

C. A business and/or entity that sponsors an artist or mural painting may only include their logo on the corner of the mural by order of a variance. The logo shall only occupy a percentage (%) of the entire wall to be established by order of the City Council.

Pursuant to Section C listed above, the logo percentage options suggested by City Staff are as follows:
3%, 7%, or 10%. Staff asks that the City Council consider set recommendation and select the percentage option that they feel is most appropriate.

18.14.380 Other Signs and Advertising Structures
Any and all other signs and advertising structures not included in this ordinance shall be submitted for review to City Services and must obtain final approval by City Council.

Pursuant to California State Law, public notice was provided at least ten (10) days in advance of the first reading of the Ordinance via publication of a newspaper of general circulation in the City.

A first reading of Ordinance No. 611 was held and approved on September 26, 2023. Should the City Council approve the second reading of Ordinance No. 611, then the Ordinance would be considered approved and adopted and take effect 30 days post adoption.

October 10, 2023 Regular Meeting of the Lindsay City Council

FISCAL IMPACT
No fiscal impact associated with this action.

ATTACHMENTS
• Proof of Published Public Hearing Notice for Ordinance No. 611 • Ordinance No. 611 – Redline Copy
October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

ORDINANCE NO. 611

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING TITLE(S) 18[INSERT TITLE NAME(S)]AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING CHAPTER 18.14 HOME OCCUPATIONS; TEMPORARY SUBDIVISION SIGNS AND SALES OFFICES; MOBILE PARKS; SIGNS AND OUTDOOR ADVERTISING STRUCTURES; MANUFACTURED AND SECOND HOUSE UNITS OF TITLE EIGHTEEN (18)

ZONING OF THE LINDSAY MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF LINDSAY DOES ORDAIN AS FOLLOWS:

Section 1. PURPOSE. The provisions of this ordinance are intended to amend the Lindsay Municipal Code to modernize the provisioning of signs within the jurisdiction of the City of Lindsay. The City of Lindsay understands and values economic activity and sets forth these regulations to simultaneously uphold the City’s aesthetic integrity. [INSERT LANGUAGE].

Section 2. CODE AMENDMENT. Lindsay Municipal Code Title(s) 18 [INSERT CODE TITLE(S)] isare hereby amended to read in their entirety as follows:

18.14.110 Purpose.

18.14.120 Applicability and severability.

18.14.130 No discrimination against noncommercial speech.

18.14.140 Exempt signs.

18.14.150 Prohibited signs.

18.14.160 Permits required.

18.14.170 Rules for sign measurement.

18.14.180 Sign regulations on developed sites by zone district.

18.14.190 Sign regulations on undeveloped or developing sites.

18.14.200 Offsite temporary signs for residential subdivisions.

18.14.210 Flags and flagpoles.

18.14.220 Search lights and klieg lights.

18.14.230 Signs in public rights‐of‐way.

18.14.240 Temporary sign standards.

18.14.250 Size of signs on windows.

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18.14.260 Signs with non‐electronic changeable copy.

18.14.270 Signs with electronic changeable copy.

18.14.280 Illumination of signs.

18.14.290 Concealed electrical systems.

18.14.300 Master sign program.

18.14.310 Variances and minor deviations.

18.14.320 Wall mural placement and design criteria.

18.14.330 Nonconforming signs.

18.14.340 Maintenance of signs.

18.14.350 Hazardous signs.

18.14.360 Abandoned or obsolete signs.

18.14.370 Illegal signs.

18.14.380 Enforcement.

18.14.390 Definitions.

18.14.110 Purpose.

A. The purpose of this chapter is to regulate signs as an information system that preserves and enhances the aesthetic character and environmental values of the City of Lindsay. Specifically, these regulations are intended to implement the General Plan and to:

1. Provide minimum standards to safeguard life, health, property, public welfare, and traffic safety by controlling the design, quality of materials, construction, illumination, size, location, and maintenance of signs and sign structures;

2. Preserve and enhance the visual attractiveness of the city;

3. Protect and enhance property values and community appearance by encouraging signs that are compatible with the architectural style, character, and scale of the building to which they relate and with adjacent buildings and businesses;

4. Restrict signs that may create visual clutter or a nuisance to nearby properties, violate privacy, create hazards or unreasonable distractions for pedestrians and drivers, or interfere with vehicular ingress and egress;

5. Provide adequate opportunity for the exercise of the free speech by display of a message or image on a sign, while balancing that opportunity with other community and public interests;
October 10, 2023 Regular Meeting of the Lindsay City Council

6. Ensure that commercial signs are accessory or auxiliary to a principal business or establishment on the same premises, rather than functioning as general advertising for hire.

B. It is the City’s policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.

18.14.120 Applicability and severability.

This chapter regulates signs that are located or mounted on private property within the jurisdictional boundaries of Lindsay. The provisions in this Chapter apply in all Zoning Districts within the city.  No sign within the regulatory scope of this Chapter shall be erected or maintained anywhere in the city except in conformance with this Chapter.  If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this chapter is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of the chapter.

18.14.130 No discrimination against noncommercial speech.

Subject to the property owner’s consent, a noncommercial message of any type may be substituted, in whole or in part, for any commercial message or any other noncommercial message provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this title. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

18.14.140 Exempt signs.

A. The following signs are exempt from the permit requirements of this chapter and do not count toward the total sign area limit for a site, if they conform to applicable standards:

1. One nameplate per residence or business premises, not exceeding two (2) square feet in area, identifying the owner, address and/or business hours of the property.

2. Barber poles, not exceeding 18 inches in height, located in a non‐residential zone district and containing no lettering.

October 10, 2023 Regular Meeting of the Lindsay City Council

3. Signs on vehicles, provided that the message pertains to the establishment of which the vehicle is an instrument or tool, and the sign does not utilize changeable copy or special illumination.

4. Holiday and cultural observance decorations on private property that do not include commercial advertising. This exemption includes strings of lights associated with a holiday decoration.

5.  Official notices issued by a court or public agency and posted in the performance of a public duty; notices posted by a utility or other quasi‐public agency; signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic; noncommercial bus stop signs erected by a public transit agency, or other signs required or authorized by law. This exemption also covers signs and banners for special civic events erected by the City, which may be displayed in public rights‐of‐way.

6. Signs that are located entirely within a building or enclosed structure and are not visible from the public right‐of‐way.

7. Signs located on a private area of a lot that is not accessible by the general public, such as a backyard, and are not visible from the public right‐of‐way.

8. Signs and menu display boards fixed to mobile vending carts, up to a maximum of eight (8) square feet of sign area, plus a menu display board.

9. Signs that are part of a vending machine, gas pump, or similar device.

10. Signs mounted on carrier vehicles such as buses, taxicabs, and limousines that legally pass through the city.

11. Window signs that conform to the standards of Chapter 18.14.

B. Exempt signs that have electrical connections or engineered supports shall obtain the appropriate building permit, as required by the California Building Code.

18.14.150 Prohibited signs.

A. The following signs shall be prohibited in all zones:

1. Signs that it could reasonably be perceived to interfere with, or be confused with any official traffic control device, traffic signal, or official directional guide sign.

2. Signs placed within 30 feet of the intersecting curb lines of a street, except for signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic.

3. Signs so located as to prevent free ingress and egress from any door or fire escape.

4. Signs extending above or beyond the face of the building, the fascia of the roof, the peak of a pitched roof, or the parapet line of a flat roof.

5. Glaring, flashing, sparkling, glittering, twinkling, strobing, or shimmering signs.

October 10, 2023 Regular Meeting of the Lindsay City Council

6. Signs with open letters that can be viewed from the reverse side.

7. Streamers, mylar balloons, and blimps secured with a rope or string, unless specifically permitted with a temporary use permit.

8. Signs located, placed, or erected in or upon any public right‐of‐way, except as specifically allowed by this chapter.

9. Signs located, placed or attached upon any tree, utility pole, or fence, except as specifically allowed by this chapter.

10. Signs placed on private property without permission of the property owner.

11. Nonconforming signs and sign structures associated with an activity, business, product, or service that has not been sold, produced, provided, or conducted on the premises for a period of 90 days.

12. Signs that revolve or are animated, except public service signs, such as time and temperature units and barber poles.

13. Signs containing statements, words, symbols, or characters of an obscene nature.

14. Signs emitting sound.

15. Murals that contain commercial speech or logos.

16. Signs located within five (5) feet of a fire hydrant, street sign, or traffic signal.

17. Signs on gas pump canopies facing residential zone districts shall not be illuminated.

18.14.160 Permits required.

A. No permanent sign shall be erected, altered, reconstructed, or relocated without a sign permit unless the sign is specifically exempted from the permit requirements. A permit is not required for ordinary maintenance and repairs to signs and for temporary signs on private property that conform to the standards of this chapter. The City Manager, or designee will review all applications for sign permits for consistency with this chapter.

B. Signs that have electrical connections or engineered supports shall obtain the appropriate building permit, as required by the California Building Code.

C. Signs that project over or extend into a public street or sidewalk shall also require approval of an encroachment permit by the City Engineer pursuant to the provisions of Title 12 of the Municipal Code.

D. Consent of the property owner and business owner is required before any sign permit may be approved.

October 10, 2023 Regular Meeting of the Lindsay City Council

18.14.170 Rules for sign measurement.

A. For the purposes of this chapter, lot frontage shall be calculated as follows:

1. If a lot fronts on two streets, both frontages may be used to determine the allowable sign area.

2. If a lot fronts on three or more streets, the length of only two contiguous sides shall be added together to determine allowable sign area.

B. The building frontage shall be the building facade in which main customer access is provided to the establishment.  A building’s frontage is considered continuous if projections or recesses in the building facade do not exceed 15 feet in any direction.  For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.

C. The area of an individual sign shall be calculated as follows.

1. Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color.  Supporting structures such as sign bases and columns are not included in sign area if they contain no lettering or graphics.

2. Where two faces of a double‐faced sign are located two (2) feet or less from one another at all points or located at an interior angle of 45 degrees or less from one another, the sign area shall be calculated as the area of one (1) face. Where the two (2) faces are not equal in size, the larger sign face shall be used. Where two (2) faces of a double‐faced sign are located more than two (2) feet or 45 degrees from one another, both sign faces shall be counted toward sign area.

3. On a three‐faced sign, where at least one interior angle is 45 degrees or less, the sign area shall be calculated as the sum of the largest and the smallest face. In all other situations involving a sign with three or more sides, sign area shall be calculated as the sum of all faces.

4. Three‐Dimensional Signs. The size of signs that consist of, or have attached to them, one or more three‐dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue‐like trademarks), shall be calculated as the sum of the square footage of the two adjacent sides of the smallest theoretical cube that would encompass the sign.

D. The height of a sign shall be calculated as follows.

1. The height of a sign that is not a freestanding sign shall be the vertical distance measured from the ground level directly beneath the sign to the highest point at the top of the sign, including any structural or architectural components of the sign.

October 10, 2023 Regular Meeting of the Lindsay City Council

2. The height of a freestanding sign shall be measured as the vertical distance from grade at the edge of the right‐of‐way along which a freestanding sign is placed to the highest point of the freestanding sign, including any structural or architectural components of the sign. When the grade at the edge of the right‐of‐way is higher than the site on which the sign is placed, that portion of the sign below the grade at the edge of the right‐of‐way shall not be included in determining the freestanding signʹs overall height. Freestanding signs oriented towards a freeway shall be measured from the site’s finished grade or pad, whichever is lower.

E. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

F. For the purpose of determining the allowed number and size of signs, an integrated shopping center shall be considered as one site.

18.14.180 Sign regulations on developed sites by zone district.

For the purpose of this section, signs are grouped into four types: building signs, freestanding signs, temporary building signs, and temporary freestanding signs.

October 10, 2023 Regular Meeting of the Lindsay City Council

This section establishes standards for the number of signs, size of signs, placement of signs, and illumination of signs for developed sites based on the zone district in which the signs are located.  Table 18.14.180(A) establishes specific regulations by zone district for building signs, and freestanding signs.  Table 18.14.080(B) establishes specific regulations by zone district for temporary building signs and temporary freestanding signs.  Signs shall not be placed on private property except in conformance with Table

18.14.180(A) and Table 18.14.180(B).

Table 18.14.180(A)
Number and Size of Permanent Signs by Zone
Zone District Permanent Building Signs Permanent Freestanding Signs R‐A, R, and
RM districts
with 4 or less
residences per
site
1 sign per residence
maximum.
4 sq.ft. maximum size per
sign.

Placement a maximum 8 feet
high.

External illumination only.

None allowed.

R‐A, R, and
RM districts
with 5 or more
residences per
site or with
non‐residential
uses on site
1 sign per street frontage
maximum.
30 sq.ft. maximum size per
sign.

Placement a minimum 5 feet
below roofline.

External illumination only.
1 sign per frontage maximum.
20 sq.ft. maximum size.
6 feet high maximum.

External illumination only.

October 10, 2023 Regular Meeting of the Lindsay City Council

Number and Size of Permanent Signs by Zone
Zone District Permanent Building Signs Permanent Freestanding Signs PO districts 2 sq.ft. per 1 lineal foot of
building frontage up to 60
sq.ft. on primary frontage.
1 sq.ft. per 1 lineal foot up to
30 sq.ft. on secondary
frontage.
1 monument sign per street
frontage:

Less than 50 feet of frontage: 20
sq.ft., 6 feet high maximum
50‐150 feet of street frontage: 36
sq.ft., 6 feet high maximum
150‐300 feet of street frontage: 64
sq.ft., 8 feet high maximum
5‐foot minimum setback from
property line
CN, CS, and
CH districts
Number of signs per business
establishment limited to 6.

Allowed square footage per
building frontage is
cumulative.

Primary building frontage: 2
sq.ft. per 1 lineal foot up to a
maximum 350 sq.ft. along
primary frontage.  50 sq.ft.
allowed regardless of frontage
length.

Secondary building frontage: 1
sq.ft. per lineal foot up to a
maximum 200 sq.ft. per
secondary frontage. 35 sq.ft.
allowed regardless of frontage
length.
1 sign per establishment maximum.
60 sq.ft. maximum sign face size.
20 feet high maximum if set back 10
feet of more from property line.
10 feet high maximum if set back 5
to 10 feet from property line.

Sites with an integrated shopping
center: 1 additional freestanding
sign up to 200 sq.ft.  Maximum
height not greater than the average
height of the buildings.
5‐foot setback minimum from front
lot line
15‐foot setback minimum from side
or rear line
October 10, 2023 Regular Meeting of the Lindsay City Council

Number and Size of Permanent Signs by Zone
Zone District Permanent Building Signs Permanent Freestanding Signs CC districts 2 sq.ft. per 1 lineal foot of
building frontage up to 60
sq.ft. on primary frontage.
1 sq.ft. per 1 lineal foot up to
30 sq.ft. on secondary
frontage.

Shopping centers only: 1
freestanding sign per frontage based
on the following:

Less than 50 feet of frontage: 20
sq.ft., 10 feet high maximum
50‐150 feet of street frontage: 40
sq.ft., 15 feet high maximum
150‐300 feet of street frontage: 65
sq.ft., 20 feet high maximum
5‐foot setback minimum from
property line
I district No limit to number of signs
per business establishment.
1 sq.ft. per lineal foot of
property line adjoining a
street, or 100 sq.ft. per acre of
site area in use, whichever is
greater, to a maximum of 600
sq. ft. of sign face.
1 sign per frontage maximum.
60 sq.ft. maximum sign face size.
20 feet high maximum.
5‐foot setback from front lot line
15‐foot setback from side lot line
RCO district 1 sign per street frontage
maximum.
30 sq.ft. maximum size per
sign.

External illumination only.
1 sign per site maximum.
20 sq.ft. maximum size.
6 feet high maximum.

External illumination only.
5‐foot setback from all lot lines.

Table 18.14.180(B)
October 10, 2023 Regular Meeting of the Lindsay City Council

Number and Size of Temporary Signs by Zone
Zone District Temporary Building Signs Temporary Freestanding Signs R‐A, R, and
RM districts
with 4 or less
residences per
site
1 sign per site
12 sq.ft. maximum per sign.

Placement a maximum 15 feet
high.

No illumination.

Up to 4 per site maximum.
32 cumulative sq.ft. maximum sign
size.

First sign maximum 5 feet high, all
other signs maximum 3 feet high.

No illumination.

R‐A, R, and
RM districts
with 5 or more
residences per
site or with
non‐residential
uses on site
1 sign per street frontage.
32 sq.ft. maximum size per
sign.

Placement a minimum 3 feet
below roofline.

No illumination.

Up to 4 per site maximum.
32 cumulative sq.ft. maximum sign
size.

First sign maximum 5 feet high, all
other signs maximum 3 feet high.

No illumination.

PO district 1 sign per establishment.
10 sq.ft. plus an additional 1
sq.ft. per 2 lineal feet of
primary building frontage
maximum size.

Placement a minimum 3 feet
below roofline.

No illumination.
1 sign per site, plus 1 additional sign
for every 300 lineal feet of street
frontage, rounded down to the
nearest whole number.
16 sq.ft. maximum sign size.
6 feet high maximum.

No illumination.

CN district 1 sign per establishment.
10 sq.ft. plus an additional 1
sq.ft. per 2 lineal feet of
primary building frontage
maximum size.

Placement a minimum 3 feet
below roofline.

No illumination.
1 sign per site, plus 1 additional sign
for every 300 lineal feet of street
frontage, rounded down to the
nearest whole number.

One half of signs, 32 sq.ft. maximum
sign size.  Other half of signs, 16
sq.ft. maximum sign size.
6 feet high maximum.

No illumination.

October 10, 2023 Regular Meeting of the Lindsay City Council

Number and Size of Temporary Signs by Zone
Zone District Temporary Building Signs Temporary Freestanding Signs CC, CS, and
CH districts
1 sign per establishment.
10 sq.ft. per establishment,
plus an additional 1 sq.ft. per
2 lineal feet of primary
building frontage maximum
size.

No illumination.
1 sign per site.
10 sq.ft. maximum sign size.

If placed on sidewalk the sign shall
allow for a minimum 4‐foot wide
path of travel.

No illumination.

Freestanding banners are not
allowed.

I district 1 sign per street frontage.
32 sq.ft. maximum size per
sign.

Placement a minimum 3 feet
below roofline.

No illumination.

Up to 4 per site maximum.
32 cumulative sq.ft. maximum sign
size.

First sign maximum 5 feet high, all
other signs maximum 2 feet high.

No illumination.

RCO district None allowed. Up to 4 per site maximum.
32 cumulative sq.ft. maximum sign
size.

No illumination.

18.14.190 Sign regulations on undeveloped or developing sites.

A. Undeveloped sites shall be allowed a maximum one temporary freestanding sign of a maximum size of 32 square feet.  Illumination of the sign is prohibited. The maximum height shall be 10 feet.

B. Developing sites, i.e. construction sites, shall be allowed a maximum two temporary freestanding signs of a maximum size of 32 square feet each.  Illumination is prohibited.

Temporary signs that are not visible from any public right‐of‐way shall not be counted in the maximum number or size of signs. The maximum height shall be 10 feet C. Developing residential subdivision sites where ten (10) or more new residences will be offered for sale shall be allowed one temporary sign of a maximum size of 32 square October 10, 2023 Regular Meeting of the Lindsay City Council

feet.  Illumination of the sign is prohibited. The sign may be mounted on a building or may be a freestanding temporary sign of a maximum height of 12 feet. Additional temporary signs, temporary freestanding signs, and flags may be maintained within the boundaries of a residential subdivision if they are not visible from outside the residential subdivision.

18.14.200 Offsite temporary signs for residential subdivisions.

A. Residential subdivision sites where ten (10) or more new residences are offered for sale shall be allowed up to four (4) offsite temporary freestanding signs with a size not to exceed 32 square feet and a height not to exceed eight (8) feet per residential subdivision.  Signs shall be located on private, non‐residential zoned parcels, or on private, residential zoned parcels that are unoccupied, vacant and otherwise free from any structures or buildings.  Signs shall not be made or constructed from cloth, bunting, plastic, paper or similar material.  Banners and flags with or without an advertising message shall not be permitted offsite.

B. In addition to any sign permitted pursuant to Subsection A. above, up to four (4) nonilluminated offsite temporary freestanding signs in an A‐frame configuration, with a size not to exceed 12 square feet per face or four (4) feet in height, may be permitted per residential subdivision.  A‐frame signs shall be located on private, non‐residential property or on public property behind any existing sidewalks, and in such a manner to not to create a safety hazard by obstructing the clear view of, or otherwise hinder or impede, pedestrian and vehicular traffic. A‐frame signs may only be displayed during the operating hours for the residential subdivision sales office and shall be located no further than 1,500 feet from the subject residential subdivision entry.

18.14.210 Flags and flagpoles.

A. Flags on flagpoles shall not count toward the maximum sign area.

B. Flagpoles shall not be located within any required side or rear building setback areas.  Flagpoles may be mounted on the ground or on the roof or wall of a building.

C. The maximum height of a flagpole shall be as follows:

1. Flagpoles located in the C or I zones shall have a maximum height of 50 feet or a maximum height equal to twice the distance from the base of the pole to the closest lot line, to a maximum of 100 feet, whichever is greater.

2. Flagpoles located in the R‐A, R, or RM zones shall have a maximum height of 30 feet.

October 10, 2023 Regular Meeting of the Lindsay City Council

18.14.220 Search lights and klieg lights.

Search lights and klieg lights are prohibited, except when used for public safety purposes or when specifically approved with a temporary use permit for a special event.

18.14.230 Signs in public rights‐of‐way.

The following signs are allowed in the public right‐of‐way:

A. Building signs in the CC zone that project into the public right‐of‐way, provided that the projecting width of the projecting sign is a maximum of three (3) feet, and that the bottom of the sign is seven (7) feet above the finished grade.

B. Building signs located on or under awnings in the CC zone that meet the provisions of this chapter.

C. Temporary freestanding signs placed on the sidewalk in the CC zone that meet the provisions of this chapter and when a minimum 4‐foot wide clear path of travel is provided.

D. Signs placed by a public agency for a public purpose, such as traffic signs.

E. Signs specifically authorized by the City Manager or the City Services Director that do not negatively impact public health or safety.

F. Temporary non‐commercial signs that are placed at locations pre‐specified by City Council with the size of sign, sign materials, and  dates/times of posting approved by the City Manager.

G. Temporary freestanding signs not larger than 8 square feet when approved along with a temporary use permit.

18.14.240 Temporary sign standards.

A. Temporary signs shall require a temporary sign permit.

B. Temporary freestanding signs in non‐residential zones shall not be located:

1. In any public right‐of‐way, except as provided in Section 18.14.130;

2. In parking lot driving lanes, aisles or spaces;

3. On multi‐use trails or sidewalks if they would block a four‐foot wide pedestrian path of travel;

4. At any location where they would block pedestrian access;

5. Within one 100 feet on either side, or in front of a permanent freestanding sign;

6. Within 20 feet from any other temporary freestanding sign; or October 10, 2023 Regular Meeting of the Lindsay City Council

7. Within 30 feet from a drive approach (driveway entrance) or intersection of two streets.

C. Temporary building signs shall be removed after a period of 9030 days.  After removal, no temporary building sign may be placed on the site for a period of 30 days.365 days.

D. Banners shall not be used as permanent signs for more than 9060 days.

E. Banners and feather banners shall be constructed of durable, weather‐resistant materials not subject to rapid deterioration or fading and shall be professional in appearance.  Acceptable materials include but are not limited to vinyl, nylon, reinforced vinyl, polyethylene or polyester‐like materials, or durable fabric.. Only one banner is permitted per business or establishment.

F. Temporary freestanding signs shall be affixed to supporting structures made of a durable, rigid material such as, wood, plastic or metal. Freestanding signs placed on hard surfaces in conformance with this chapter are exempt from this subsection if they have a weight and mass that makes them not inadvertently movable and they do not block a four‐foot wide pedestrian path of travel.

G. Temporary signs in addition to those allowed in Section 18.14.180 may be conditionally allowed as part of a permit issued for a temporary use.

H. New businesses may apply for one temporary sign permit, free of charge, within their first year of business. The permit fee waiver will only apply for one sign.

18.14.250 Size of signs on windows.

Signs affixed to windows shall not cover more than 20% of each window.  They shall not be counted toward the maximum allowable sign size.

A. Window signs shall not be counted toward the maximum allowable sign area. Signs affixed to windows may cover up to 100% of each window provided they meet the following standards:

A. No handwritten signs shall be displayed.

B. No newspaper, magazine paper, or any non‐durable materials that may be subject to rapid deterioration.

C. Signs shall be maintained to appear presentable and professional.

Smoke shops, cannabis retail, and establishments that sell liquor shall follow the mandated regulations provided by State law for window visibility and general advertisement.

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October 10, 2023 Regular Meeting of the Lindsay City Council

18.14.260 Signs with non‐electronic changeable copy.

Non‐electronic changeable copy shall represent no more than 20% of the total allowable sign area.  Changeable copy shall not be changed more than once every 24 hours.

18.14.270 Signs with electronic changeable copy.

A. Electronic copy that will change more than once per day is allowed as a display medium on freestanding signs in the commercial zone districts upon issuance of a Conditional Use Permit, issued pursuant to Chapter 18.17.

B. Signs with electronic changeable copy shall meet the following standards:

1. The electronic sign face shall be directed in a manner that is not visible from the front or side of residential properties located in a residential zone district.

2. The electronic sign face shall be an integral part of the remainder of the sign area.

3. Electronic copy shall be limited to no more than 30 lumens output, measured at ten (10) feet from the sign face.

4. No portion of the electronic sign face shall change more frequently than once every six (6) seconds.

5. The electronic sign shall not emit any audible sound, buzz, or noise.

6. The electronic sign shall be operative only during the hours of operation of the associated business establishment.

7. Sign copy or electronic picture displays shall be limited to commercial advertising related to the use(s) on the premises on which the freestanding sign is located, except for message substitution, as allowed in Section 18.14.130.

8. No change of lighting intensity may occur during a display or between displays except to respond to a change in ambient lighting conditions.

18.14.280 Illumination of signs.

The illumination of signs, from either an internal or external source, must be designed to avoid negative impacts on surrounding rights‐of‐way and properties. The following standards apply to all illuminated signs:

A. Sign lighting shall not be of an intensity or brightness that will create a nuisance for residential uses in a direct line of sight to the sign.  Illuminated signs located adjacent to any residential area shall be controlled by a rheostat or other acceptable method to reduce glare.

B. Internally illuminated signs shall be designed with an opaque, semi‐opaque, or matte finish background on the sign face.

October 10, 2023 Regular Meeting of the Lindsay City Council

C. Light sources for externally illuminated signs shall meet the following standards:

1. Light sources shall be so arranged and maintained so that the light source is not directly visible from a public right‐of‐way or adjacent property.

2. Light sources shall be fully shielded to minimize undesirable light into the night sky.

3. Metal halide and fluorescent light sources shall be filtered.  Most glass, acrylic, or translucent enclosures satisfy these filter requirements.

4. Mercury vapor light sources shall be prohibited.

18.14.290 Concealed electrical systems.

External conduits, boxes, and other connections related to the function of a sign and associated lighting shall not be exposed.

18.14.300 Master sign program.

A. The purpose of the master sign program provisions is to provide a coordinated and flexible design approach to signage for Lindsay’s commercial shopping districts, industrial districts, and office parks. A master sign program is required for any site that contains more than three (3) commercial establishments
B. A master sign program shall be reviewed by the City Manager or designee as an administrative use permit.  The City Council shall approve a master sign program when it is proposed with a development project that requires a conditional use permit.

C. A master sign program shall not be used to grant a special privilege nor provide more visibility or exposure than is available to similarly situated properties.

D. Master sign programs shall feature a unified and coordinated approach to the materials, color, size, type, placement, and general design of signs proposed for a project or property.

E. Reasonable conditions of approval may be imposed to achieve the purposes of this section and ensure internal sign design consistency on the site.

F. After approval of a master sign program, no sign shall be erected, placed, or maintained, except in conformance with such program, and such program shall be enforced in the same way as any provision in this section.

G. The master sign program and all conditions of approval shall be attached to the lease agreements for all leasable space subject to the master sign program.

H. Approval of a master sign program does not waive the permit requirements for individual signs that are subject to the program.

October 10, 2023 Regular Meeting of the Lindsay City Council

I. The City Manager or designee may approve minor amendments to a master sign program that are in substantial conformance with the original approval. All other amendments, including amendments to conditions of approval, shall be processed as a new application.  Proposed amendments shall include written concurrence by the property owner.

18.14.310 Variances and administrative adjustments.

A variance or an administrative adjustment to the standards in this chapter may be granted in accordance with Chapter 18.21.

18.14.320 Wall mural placement and design criteria.

A.  “Wall mural” or “mural” means an art form consisting of paint applied to a wall surface. depicting a scene, personal experience, or observation. Wall murals must fit thematically into the City of Lindsay either historically, culturally, or through depictions of local scenery. A wall mural is to be public art, not for the purpose of identifying, advertising, or drawing attention to a particular business, service, or economic activity.

B. Words and/or images that reflect business, product, and/or services or economic activity may only not be incorporated within the mural which identifies or reflects the business, products, and/or services provided by any business services or economic activity by order of a variance.

C. A business and/or entity that sponsors an artist or mural painting may only include their logo on the corner of the mural through a variance. The logo shall only occupy [percentage % to be established by City Council] of the entire mural.

DC.Wall murals must be painted directly onto an exterior wall surface or a flat material permanently attached to the wall, such as aluminum composite sheet. Wall murals may occupy an entire single wall on which the mural is applied. The wall mural must be architecturally incorporated into the building so that it does not appear to be a sign attached to the building or have the appearance that the structure is ancillary to the mural. The wall mural may not be mounted on the building roof or extend above the cornice of a flat roof or above the roof eave of a gable or mansard roof.

ED. A wall mural must be completed within 90 days after the date painting commences.

The final anti‐graffiti protective clear‐coat must be applied within this 90‐day period.

Time extensions may be granted by the City Manager or their designee in 30‐day increments up to a maximum of 60 days upon a showing of good cause.

October 10, 2023 Regular Meeting of the Lindsay City Council

FE. Maintenance of the wall mural is the responsibility of the property owner. It shall be the property owner’s responsibility to remove the wall mural if it is not maintained as required. Proper maintenance shall include periodic painting so that the wall mural does not exhibit chipping, pealing, or fading and other required maintenance as identified in conditions of approval issued by the City Manager or designee. Wall murals not maintained as required shall be deemed a nuisance. In addition to its other remedies, the City shall have the right to require removal of the wall mural and if the wall mural is not removed within the time period designated by the City, the City shall have the right to remove the wall mural at the property owner’s expense.

GF. No person shall paint a wall mural on the exterior of any structure or change any existing mural on the exterior of any structure prior to the issuance of a wall mural permit issued by the City Council.  An application for a wall mural permit shall be submitted on the form prescribed by the City Manager and shall include a colored detailed drawing or sketch of the mural plus any other information as prescribed on the application form. The application must be made by the owner of the structure or include the written consent of the owner of the structure consenting to the painting of the wall mural on the structure consistent with the mural identified in the application.

HG. The City Council shall identify conditions of approval to the issuance of a wall mural permit.

IH. As a condition of approval of any wall mural permit, the applicant, the owner of the structure, and the artist shall agree pursuant to language prepared by the City to indemnify, defend, and hold the City of Lindsay its officials, officers, employees, and agents harmless from and against any and all damages or liabilities of whatever nature arising out of or in connection with the wall mural.

18.14.330 Nonconforming signs.

A sign or outdoor advertising display of any character lawfully occupying a site prior to the adoption of this zoning code or on the effective date of applicable amendments to the zoning code that, as a result of the adoption or amendment to the zoning code, does not conform with the standards for subject matter, location, size, lighting, or movement prescribed for the district in which it is located, shall be deemed to be a nonconforming sign or outdoor advertising structure and may be displayed and maintained in said district, except as otherwise provided in this section.

18.14.340 Maintenance of signs.

A. All signs and associated supporting structures shall be maintained in like‐new condition, without rips, tears, fading, and similar damage that inevitably occurs as a result of normal wear and aging.

October 10, 2023 Regular Meeting of the Lindsay City Council

B. All signs shall be reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.

C. Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, ripped, torn, faded, or other deteriorating or dilapidated condition shall be promptly repaired to the satisfaction of the City or removed.

D. Graffiti on a sign shall be removed within two (2) days of notice of its placement on such sign.

18.14.350 Hazardous signs.

Whenever any sign, by virtue of its physical nature and condition, poses an immediate and serious threat to the public safety, the same may be removed by City personnel, or its physical deficiency cured, to the extent necessary to protect the public safety.  The cost of such removal or repair shall be assessed against the sign owner.

18.14.360 Abandoned or obsolete signs.

An on‐premise sign advertising an activity, business, service, or product must be removed within 60 days following the actual discontinuance of the activity, business, service, or product. If the sign is not so removed, the City Manager or designee may have the sign removed in accordance with the public nuisance abatement provisions of this title.  A sign structure is not required to be removed, however, the sign face shall be removed or replaced with a blank face or other sign face consistent with this chapter.

18.14.370 Illegal signs.

Any sign, banner, or sign structure not erected, constructed, or located in conformance with this chapter and not classified as a legal nonconforming sign is an illegal sign and is subject to abatement in accordance with the public nuisance abatement procedures of the Lindsay Municipal Code.

18.14.380 Other signs and advertising structures
Any and all other signs not included in this ordinance shall be submitted for review to City Services and must obtain final approval by City Council.

18.14.3980 Enforcement.

Signs which do not conform to the provisions of this chapter and are erected after its effective date and signs erected after the effective date of this chapter without obtaining a permit that is required are declared to be unlawful and a public nuisance.  All signs declared to be unlawful by this chapter and all persons erecting or maintaining them shall be subject to the provisions of Lindsay Municipal Code.  The City Manager shall take necessary actions or proceedings for the abatement, removal and enjoinment pursuant to the Lindsay Municipal Code.

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October 10, 2023 Regular Meeting of the Lindsay City Council

18.14.400390 Definitions.

As used in this chapter, the following terms are defined in this section.  The images are intended to illustrate some of the sign types that are defined in this section. “A‐Frame sign” means a sign made of wood, plastic or other lightweight and rigid material having the capability to stand on its own support(s) and being portable and movable.
ʺAnimated signʺ means a sign with action or motion, whether by flashing lights, color changes, wind, rotation, movement of any parts of the sign or letters or parts of the sign structure, or other motion.
ʺAwningʺ means a shelter supported entirely from the exterior wall of a building and composed of a collapsible frame covered completely with nonrigid material. ʺBannerʺ means any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a ʺmessageʺ, attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. This definition includes a pennant, flag, or bunting.
ʺBusiness premisesʺ means a specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) to maintain a specific business identity and location.
ʺChangeable copyʺ refers to the display of a message that can change by means of moveable letters, slats, lights, light emitting diodes, or moveable background material. ʺErectʺ means and includes erect, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, maintain and display.
ʺExternally illuminated signʺ means a sign which has light cast on its surface from an artificial exterior source installed for the purpose of illuminating the sign. “Feather banner” means a banner that is taller than it is wide and is attached to the ground by a single pole.
ʺFreestanding signʺ means a sign which is permanently supported on the ground by one or more uprights, braces, poles, or other similar structural components that are not attached to any building. This category includes both monument and pole signs. ʺFrontage, buildingʺ means the distance between the two most distant corners of a building measured in a straight line along the building face. ʺFrontage, streetʺ means the distance between the two most distant corners of a site along a single street measured in a line along the street curb, including drive approaches, but excluding curb returns at street intersections.

October 10, 2023 Regular Meeting of the Lindsay City Council

ʺHeightʺ means the distance measured vertically from grade to the highest point or portion of the object to be measured.
ʺInternally illuminated signʺ means any sign whose illumination originates from within the structure of the sign and the source of which is not visible from the exterior of the sign.
ʺMessageʺ means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono‐color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements.
ʺMuralʺ means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters.
ʺOutdoorsʺ means a location on undeveloped property or to the exterior of a building or structure.
ʺOutdoor advertisingʺ refers to the placement of a message on signs or banners located outdoors or located indoors in a manner such that the message is visible from the exterior of a building or structure.
ʺOutdoor advertising structureʺ means a structure erected or maintained for the main purpose displaying commercial outdoor advertising and located on a site other than the site on which the advertised commercial use is located or on which the advertised commercial product is produced.
“Painted Sign” refers to a sign that comprises only paint applied on a building or structure.
ʺParapet wallʺ means an exterior wall which extends vertically above the roof line. ʺParcelsʺ or ʺpropertyʺ or similar references or descriptions shall refer to parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined in the Glossary of this Code.
ʺPedestrian accessʺ means a doorway which has been designed for the primary use of the patrons or customers of that particular use.
ʺPermanent signʺ means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non‐moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also ʺtemporary sign.ʺ
October 10, 2023 Regular Meeting of the Lindsay City Council

ʺPlacedʺ includes constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing, or making visible in any manner whatsoever.
ʺPole signʺ means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components.
ʺRoof lineʺ means the highest point of a parapet wall or the main roof structure or a highest point of a parapet wall other than such architectural features as cupolas, pylons, projections or raised portions of the roof.
“Rooftop or roof‐mounted sign” means a sign that extends above the ridgeline of the roof of a building or a sign attached to any portion of the roof of a building. Rooftop or roof‐mounted signs are not allowed.
ʺShopping centerʺ means a primarily retail commercial site with three or more separate businesses sharing common pedestrian and parking areas. ʺSignʺ means any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever placed for advertising, identification or other similar purposes on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever.
ʺSign areaʺ means the geometric area of a sign including all elements such as board or frames, perforated or a solid background, ornamental embellishments, arrows or other sign media. For the purposes of a freestanding sign the structural elements necessary to support the sign are included in the sign area.
ʺSign copyʺ means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign face and/or its structure with the purpose of attracting attention to the subject matter.
ʺSign faceʺ means the panel surface of a sign which carries the advertising, information, or identification message.
ʺSign structureʺ means any structure which supports or is capable of supporting any sign. A sign structure may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign including the sign copy and all structural elements of the sign. ʺTemporary signʺ means a sign that is easily moveable, and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent sign.

Section 3. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to October 10, 2023 Regular Meeting of the Lindsay City Council

CEQA Section 15060(c)(2) (The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment).

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

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

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

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

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

October 10, 2023 Regular Meeting of the Lindsay City Council

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

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

CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Hipolito A. Cerros, Mayor
ATTEST:
____________________________________
Francesca Quintana, City Clerk
Formatted: Spanish (Latin America)
October 10, 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 and Planning

8.6 MEETING DATE: October 10, 2023

ACTION & RECOMMENDATION
Consider the Rejection of Bids Received in Response to the Water Treatment Plant - Bank D: Media Change-Out Project Request for Proposals (RFPs) and Authorize Staff to Re-Bid the Project.

Staff recommends that the City Council reject all of the Bids received and authorize Staff to re-bid the project.

BACKGROUND | ANALYSIS
Pursuant to the City’s Procurement Policy, Staff started advertising the Notice of Inviting Bids on August 22, 2023, with a submittal deadline of September 27, 2023, at 2:00 PM.

There was a total of two (2) RFPs received and acknowledged by the City. The bidders are shown below.

The total budget for this project is $398,280 as shown in the approved Fiscal Year 2023 – 2024 Budget and Capital Improvement Plan.

As part of the qualifications to bid on the project, the City requested that the bidding Contractor hold both a Class “A” General Engineering Contractor License and a Class “C-33” Painting and Decorating Contractor License in the State of California.

The lowest bidder did not comply with the requested qualifications. The second lowest bidder did comply, however due to the differences in pricing, Staff recommends that the Council reject the bids received and authorize the re-bidding of the project.

October 10, 2023 Regular Meeting of the Lindsay City Council

FISCAL IMPACT
This project has a total budget of $398,280, sourced from FUND 101-WATER (MCDERMONT SALES). Should the City Council approve the rejection of bids for this project, then the City anticipates spending another $500.00 to publish the Notice of Inviting Bids in a newspaper of general circulation in the City sourced from 101-GENERAL FUND.

ATTACHMENTS
• Abstract of Bid Proposals Received
October 10, 2023 Regular Meeting of the Lindsay City Council

License No. 842091 License No. 724233
Item No. Description Quantity Unit Unit Price Total Price Unit Price Total Price 1 Mobilization/Demobilization 1 LS $ 10,000.00 $ 10,000.00 $ 1,000.00 $ 1,000.00 2 Remove & Dispose of Existing Filter Media 1 LS $ 69,879.83 $ 69,879.83 $ 40,000.00 $ 40,000.00 3 Remove & Store Filter Internal Components That Will Not Be Coated 1 LS $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 4 Prepare Steel & Concrete Substrate Surface 1 LS $ 45,364.57 $ 45,364.57 $ 69,000.00 $ 69,000.00 5 Apply One (1) Coat of Endura-Flex 1988 Elastomeric
Polyurethane Surface 1 LS $ 41,045.07 $ 41,045.07 $ 69,000.00 $ 69,000.00 6 Provide Holiday Detection and Inspection 1 LS $ 6,104.19 $ 6,104.19 $ 8,710.00 $ 8,710.00 7 Reinstall Stored Internal Filter Components 1 LS $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 8 Supply and Install New Media 1 LS $ 69,879.83 $ 69,879.83 $ 65,000.00 $ 65,000.00 Carbon Activated Corporation ERS Industrial Services Inc.

Water Treatment Plant - Bank D: Media Change-Out Project

ABSTRACT
Total Base Bid Schedule Amount $ 252,273.49 $ 272,710.00 October 10, 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

9.1 MEETING DATE: October 10, 2023

ACTION & RECOMMENDATION
Consider Approval of the City Hall Clock Chime Unit Project and Budget and Expenditures Thereto.

In an effort to beautify and engage the community, Staff recommends that Council approval of the E1000 Chime unit and budget and expenditures thereto.

BACKGROUND | ANALYSIS
City Staff has been making minor improvements to Lindsay City Hall buildings and the vicinity in an effort to beautify and engage the Lindsay community as well as City employees. The clock located above the main entry of Lindsay City Hall has not been operational for more than a decade and thus is one of these beautification projects. In the past few months, the clock has been repaired and made operational for under $1,000.

City Staff is proposing that a chime unit be added to the tower to complete the City Hall Clock Chime Unit Project.

There are two (2) different types of chime units for the Council to consider.

1. E1002 Chime unit. Total price of $4,500 (plus shipping & handling). a. Programmable Start and Stop times.
b. ¼, ½ or hourly selection.
c. 33 Chimes Selections.
d. Quiet Time - Allows interval of chimes playing at a reduced volume. e. 160-Watt Amplifier with 4-16 ohms 70 volts, and 100 volts speaker terminals. f. Local Chime speaker with volume control.
g. Extended Chimes (folk, classical, Christmas, popular songs, and others).

2. E1000 Chime unit. Total price of $7,600 (plus shipping & handling). a. This unit includes all features of the E1002 Chime unit listed above, in addition to the following:
i. Windows based system. Controlled by Staff computer.

October 10, 2023 Regular Meeting of the Lindsay City Council

ii. Programable chimes/songs ahead of time, certain days, and or only at certain times.
iii. Ability to add personalized songs and digital audio files (.mid, wave and MP3 formats).

FISCAL IMPACT
Chime unit $7,600.00 (plus shipping & handling)
Electrician Installation Quote $3,006.71
$10,606.71 (plus shipping and handling)
The expected cost of the project is $10,606.71 and will be sourced from General Fund, City Manager contingency fund.

ATTACHMENTS
• Chime Unit Specifications
• Electrician Installation Quote
October 10, 2023 Regular Meeting of the Lindsay City Council

97 West Street, Medfield, MA 02052
p: 508.359.4396 f: 508.359.4482
www.electrictime.com
D e s i g n i n g T i m e
CTRL-E1002

CHIME SYSTEM
The Style E1002 Chime system provides amplified audio
output of a variety of digital chimes through a digital sound card and amplifier. It works in conjunction with our 99B control. The 99B controller is used as the user interface for programming. Thirty six (36) different types of chimes are available. Default Chime is Westminster. Chime options; 1/4 Hour: Chimes will play every 15 minutes, ½ Hour: Chimes will play every 30 minutes, Hourly: Chimes will play at the top of the hour. It also offers an Hour Strike: Strikes the hour only. Chimes operate during a programmable window, with an "ON", "OFF" & "Quiet Time" option. The "Quiet Time" option plays the chime at a reduced volume (typically between 8:00pm and 11:00pm). Extended chimes are included. They include some Folk Songs, Classical Songs, Patriotic Songs, Christmas Songs, and Popular Songs. Custom factory sounds can be supplied.

E1002 with top door open
Description:

Available Chimes:

DS-504 Rev.C
Copyright 2020 all rights reserved
m:\cdr\datasheets & manuals\...
049 Beverly 117 New College
053 Cairo 121 Norwich
057 Canterbury 125 Notre Dame
061 Copenhagen 129 Palmers Green
065 Denstone 133 Parsifal
185 Derby 137 Preston
069 Dorking 141 R.C. Church
073 Eaton Socon 145 Silchester
073 Fort Augustus 149 St. Michaels
081 GonVille 153 St. Gregory
085 Guilford 157 Tennyson
089 Hampstead 161 Ting-Tang
93 Keighley 165 Trinity
97 Kroonstad 189 Trowbridge
101 Lostwithiel 169 Westminster (Default)
105 Lourdes 173 Whittington U.K.
109 Magdalen 177 Whittington USA
113 Nafferton 181 Winchester
October 10, 2023 Regular Meeting of the Lindsay City Council

97 West Street, Medfield, MA 02052
p: 508.359.4396 f: 508.359.4482
www.electrictime.com
D e s i g n i n g T i m e
CTRL-E1002

CHIME SYSTEM
DS-504 Rev.C
Copyright 2020 all rights reserved
m:\cdr\datasheets & manuals\...

Londonderry Air 197 Battle Cry of Freedom 227 A-Hunting We Will Go (Danny Boy) 198 Bonnie Blue Flag 228 Ach, Du Lieber Agustin 026 On Top of Old Smoky 199 Caisson Song 229 Aloha Oye
027 Shenandoah Columbia, 230 Alouette
028 Amazing Grace The Gem of the Ocean 231 Baa! Baa! Black Sheep 029 Greensleeves 201 God Bless Our Native Land 232 Big Rock Candy Mountain 030 Down by the Riverside 202 God Save America Billy Bailey, Won’t You 031 All Through the Night 203 Liberty Bell March Please Come Home (Welsh) 204 Marine’s Hymn 234 Billy Boy
205 Onward Christian Soldiers 235 Bridal Chorus
032 Allegro (Mendelssohn) 206 Stars and Stripes Forever 236 The Blue Danube Waltz Allegro Cantabile from 207 The Star Spangled Banner 237 Cara Mia from Concerto in D for 208 Yankee Doodle 238 Catch a Falling Star the French Horn (Mozart) 239 Comes Once in a Lifetime
Allegro from Brandenburg Angles we Have Heard 240 Dream a Little Dream of Me Concerto No. 3 (Bach) on High Everything’s Coming up
Allegro Ma Non Troppo 210 Away in a Manger Roses
from Violin Concerto in D 211 Deck the Halls 242 Five Minutes More (Beethoven) 212 The First Noel 243 Holiday For Strings
Allegro from Water God Rest Ye Merry 244 I’ll Walk Alone Music Suite (Handel) Gentlemen I Don’t Want to Walk
Aria from Concerto in D 214 Here We Come A-Caroling Without You Baby minor for viola (Vivaldi) 215 The Holly and the Ivy 246 Looby Loo Finale from the 1st It Came Upon a Midnight 247 Margie
Symphony (Brahms) Clear 248 On a Sunday by the Sea
039 London Trio (Haydn) 217 Jingle Bells 249 The Coins in a Fountain 040 Minuet 218 Jolly Old St. Nicholas 250 We’ll Be Together Again 041 Minuet in G 219 O Christmas Tree When Your Hair Has 042 The Moldau (Smetana) 220 O Come, All Ye Faithful Turned to Silver The Winter Journey 221 Pat-a-Pan 252 Who’s Sorry Now?
(Schubert) 222 Silent Night 253 A-Tisket A-Tasket
We Three Kings Don’t Sit Under the
America of Orient Are Apple Tree
(My Country‘Tis of Thee) 224 Up On a Housetop 255 Little Brown Jug 194 American Patrol We Wish You a
195 Anchors Aweigh Merry Christmas
196 Army Air Corps Song 226 What Child is This?
213
216
223
225
233
241
245
251
254
193
Popular Songs
Classical Songs
Christmas Songs
USA Patriotic Songs
025
033
034
035
200
036
Folk Songs
037
038
043
209
October 10, 2023 Regular Meeting of the Lindsay City Council

97 West Street, Medfield, MA 02052
p: 508.359.4396 f: 508.359.4482
www.electrictime.com
D e s i g n i n g T i m e
600 Watts @ 70 Volts - 530 watts @ 8 ohms Bridge mono mode. Independent, userdefeatable clip limiters. Fully selectable low-frequency filtering; choice of 30 or 50 Hz roll-off. Stereo (dual-channel), parallel-input, or Bridge Mono operating modes.

Balanced inputs — XLR, ¼" (6.3 mm) TRS, and barrier strip. Pluggable terminal block and NL4 outputs. 21 detent gain knobs. Front panel LED indicators for signal and clip and power. Attenuation control security plate.

Quantity Description
1 E1002 Chime Control System
4 Horns
4 Drivers
250' 16 Gauge Speaker Wire
1 Operation Manual 274C

HOLD ENTER

KEY TO BEGIN
CANCEL
HR
__99B-> E1002 Communication Cable (5’)
(99B located adjacent to the E1002)
Amplifier Specifications:

Standard System:

Copyright 2020 all rights reserved
m:\cdr\datasheets & manuals\...

CTRL-E1002

CHIME SYSTEM
DS-504 Rev.C
October 10, 2023 Regular Meeting of the Lindsay City Council

FRONT VIEW SIDE VIEW REAR VIEW
11 22
33 44
A A
B B
SUBJECT:

DWGSIZE:

DWG NO:

THIS DRAWING IN DESIGN ANDDETAIL IS OUR PROPERTY ANDMUST NOT BE USED EXCEPT IN CONNECTION WITH OUR WORK. ALL RIGHTS OF DESIGN OR INVENTION ARERESERVED.

CHECKEDBY:

TITLE:

DRAWN BY:DATE:

PATH:

SHEET: OF:
company, inc medfield, ma
CTRL-E1002
E1002 CHIME CONTROL SYSTEM
1 1
DMC
WOR
3/9/2020
M:\INVENTOR\DRAWINGS\B-15999.idw
B B-15999

5.000 in
127.00 mm

29.500 in
749.30 mm

22.000 in
558.80 mm

8.500 in
215.90 mm

20.625 in
523.88 mm

6.912 in
175.56 mm

9.662 in
245.41 mm

15.000 in
381.00 mm

19.000 in
482.60 mm

16.000 in
406.40 mm
VENTS
LATCH
LOCKS
October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

We appreciate your business!
PLEASE NOTE: New Mailing & Email Address.

Mario Sagredo Electrical Inc.
966 Palm St
Lindsay, CA 93247
[email protected]

ADDRESS
City Lindsay
Estimate 1227
DATE 09/25/2023

JOB NAME
Clock Chime system

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
1/2" EMT 1/2" EMT CONDUIT, EMT-1/2 60 1.55 93.00T
1/2 SS COUP 1/2" SET SCREW COUPLINGS 10 0.49 4.90T
1/2" EMT SET SCREW
CONN.
1/2" EMT SET SCREW
CONNECTOR, OF7701S
10 0.60 6.00T
4 SQ BOX EXTENSION 4 SQUARE BOX EXTENSION 4 2.36 9.44T
4 SQUARE BLANK
COVER
4-SQUARE ELECTRICAL BOX
BLANK COVER, 52C1, 4BC
4 1.19 4.76T
FLEX LIQ 1/2UA FLEX LIQ-TITE UA/LA 10 1.47 14.70T
1/2" ST CONN ST. 1/2" SEAL TIGHT CONNECTOR

STRAIGHT
4 5.20 20.80T
1/2" ST FLEX CONN.
90D
1/2" SEAL TIGHT FLEX
CONNECTOR 90DEG, T&B 5352
4 14.65 58.60T
THHN 12 THHN 12 STRANDED WIRE,
THHN12STR
150 0.40 60.00T
HOM130 30A SQD 1PL HOMELINE

BREAKER
1 9.83 9.83T
LABOR W/ HELPER 1 ELECTRICIAN AND 1 HELPER
Install main control box in electrical
room and from there connect to
audio speaker out in bell tower. Run
wires up through attic out to bell
tower, connect and verify operation
of system
12 225.00 2,700.00
SUBTOTAL 2,982.03
TAX (8.75%) 24.68
TOTAL $3,006.71
October 10, 2023 Regular Meeting of the Lindsay City Council

We appreciate your business!
PLEASE NOTE: New Mailing & Email Address.

Accepted By Accepted Date
October 10, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Arceli Mejia, Assistant City Planner
DEPARTMENT:

ITEM NO.:

City Services and Planning

9.2A&B
MEETING DATE: October 10, 2023

ACTION & RECOMMENDATION
Special Event Permit (SEP) No. 23-08
A. Consider Approval of Special Event Permit (SEP) No. 23-08 for the 13th Annual Lindsay Rib Cook-Off Event in Downtown Lindsay on November 04, 2023 B. Consider Approval of Fee Waiver for Special Event Permit No. 23-08 BACKGROUND | ANALYSIS
Part A: Rib Cook-Off Special Event Permit Application
The Rib Cook Off Committee (herein referred to as “Applicant”) has requested street closures on November 04, 2023, for the 13th Annual Lindsay Rib Cook Off Competition. Under the Special Event Permit provisions within Chapter 18.17.180 of the Lindsay Municipal Code, instated in Ordinance No. 598, this event is deemed a ‘Class V’ type of event due to its anticipated attendance of over five hundred (500) attendees, the sale of alcohol, and street closures.

Event Details:

Type of Event: Rib-Cook Off Competition
Event Date: November 04, 2023
Hours: 4:00am to 6:00pm
Set-up Hours: 4:00am to 8:00am
Breakdown Hours: 4:00pm to 6:00pm
Location: Honolulu Street
Mirage Avenue
Sweetbriar Avenue
Elmwood Avenue
City Facility/Park Use: ☐YES ☒NO
Road Closure: ☒YES ☐NO
Number of Attendees: 1,000
Alcohol Sale: ☒YES ☐NO
Food truck and Merchandise Vendors: ☒YES ☐NO
October 10, 2023 Regular Meeting of the Lindsay City Council

Music: ☒Live bands ☒ DJ ☒Stage
Requirements:
• Site plan (attached to this report).
• Circulation and Parking Plan. (attached to this report). • Waste Plan. Mid Valley Disposal will be providing the following services (confirmation attached to this report)

1. One 20 yard roll off bin.

2. 10-15 bins.
▪ All to be delivered and picked up by Mid Valley Disposal on November 03, 2023 and November 06, 2023 respectively.
• Restrooms. The Applicant will provide the following.

1. Men
▪ 3 portable toilets.
▪ 1 ADA compliant toilet.
▪ 2 handwashing stations.
▪ 1 ADA compliant handwashing station.

2. Women
▪ 8 portable toilets.
▪ 1 ADA compliant toilet.
▪ 4 handwashing stations.
▪ 1 ADA compliant handwashing station.
• Banner Application. The Applicant has provided the graphics for their banner along with a banner application (attached to this report). The requested locations for the banners to be placed are as follows:

1. Windmill along the north and west frontage.

2. Sequoia Soccer Complex.

3. Elmwood Soccer Complex.
• Safety Plan. This event will require a minimum of six (6) security guards, with one (1) designated to the alcohol sales area.
• Alcohol Management Plan. All attendees’ I.Ds will be verified upon purchase. A nontransferrable wristband for those purchasing alcohol is required. • Indemnity (attached to this report).
• Insurance. The Applicant has provided the following:

1. $3 million in General Liability by the Rib-Cookoff Committee.

2. $3 million in General Aggregate by the Rib-Cookoff Committee.

3. $1 million in Liquor Liability by The Orange Bar.
• Inspections. Fire Department and Building and Safety inspections must be conducted for the two proposed stages.

Part B: Fee Waiver Request
The Applicant is requesting that all fees identified in Figure I below be waived by action of the City Council. If the City Council approves the requested fee waiver, that action will not waive any costs October 10, 2023 Regular Meeting of the Lindsay City Council

incurred by the City for damage or repairs that may result from the event. All proceeds from the event will go towards the Lindsay Reserve Officers, Santa Night, Lindsay High School sports teams, Healthy Start, the Kiwanis Club, J.J. Cairns High School Student Government, and education scholarships.

Figure I: Fee Tabulation

FISCAL IMPACT
If the City Council approves the fee waiver for SEP No. 23-08, then City will not generate $3,093.92 in revenue that would be deposited into 101-GENERAL FUND.

ATTACHMENTS
• Special Event Permit Application
• Fee Waiver Request Letter
• Non-Profit Letter
• Site Plan
• Circulation Plan
• Mid Valley Agreement Confirmation
• Certificate of Insurance
• ABC License Application
• Liquor Liability Insurance Certificate
• Letter of Indemnification
• Banner Application
• Banner Artwork and Graphics
• Tulare County Health Department Approval
October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

September 20, 2023
To the Lindsay City Council:

This letter is from the board of directors of the Lindsay Rib Cook Off. Our event will be held in downtown Lindsay on Saturday, November 4, 2023. This will be our 13th annual rib cook off and the citizens of Lindsay are the main recipients of our donations.

We acquired non-profit status from the Internal Revenue Service in August of 2019, and are now a 501 (c) (3) public charity whose proceeds directly benefit several Lindsay groups. These include the Lindsay Reserve Officers Santa Night, Lindsay High School sports teams, Healthy Start, the Kiwanis, J.J. Cairns H.S. student government, and student scholarships as well as a few others.

We are asking the City Council to waive all accumulated fees as referenced in the Fee Breakdown. We appreciate the city's role in assisting us with all of our past events and look forward to many more years of working together for the good of the people of Lindsay. Thank you for your consideration of this request.

Sincerely,
Bruce Watts
Secretary Lindsay Rib Cook Off
October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

Mirage
Honolulu
Alley Alley
Alley
Alley
Elmwood
Sweetbriar
Rail Road Tacks
Porterville Citrus
Vacant Lot
The Orange
LiquorStore
Chevron City Hall
Mt.Whitney
DressShop
CabreraJewelry
ElPatio
WildBills
Palmer
SolDeValle
GutierrezAuto
Jail
Old Napa Auto Parts
China's
LosPatrones
BankSafe
Store
ParkingLot
Stage
Beer
Trailer
generator generator
Barricades
Barricades
up to the
stop sign
Car Show
Stage
Dumpsters
Barricades
Barricades
Barricades
Barricades
Barricades
AA
BB
44332211
October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

Services for Rib Cook Off Event
Thomas Hamon <[email protected]>
Mon 9/25/2023 9:22 AM
To:Araceli Mejia <[email protected]>
Cc:Edna Hubbard <[email protected]>;Neyba Amezcua <[email protected]>;Isaac Kulikoff <[email protected]>;Alfredo Alvarez <[email protected]> Araceli,
This is email is to confirm Mid Valley Disposal will be donating a 20YD roll off box for the November 4th Rib Cook Off Event. We will also be donating 10-15 event boxes. Box and material will be dropped off November 3rd and picked up November 6th
. Let me know if you need any more information.

Thank you.
“Service, Education,
Involvement, Integrity”
Thomas Hamon | Recycle Program Manager Office address: 1707 E. Goshen Ave. Visalia, CA 93292 Office: (559) 567-0527 Cell: (559) 960-9716
October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

09/25/2023
Tagrisk LLC
17011 Beach Blvd. Suite 205
Huntington Beach CA 92647
Elaine Fu
(888) 475-1553 (714) 613-0711
[email protected]
Johnny M Estrada, DBA: Orange Bar
172 West Honolulu Street
Lindsay CA 93247
Burlington Insurance Company
23-24 Catering GL & LL
A Y 796B005942 02/15/2023 02/15/2024
1,000,000
100,000
5,000
1,000,000
2,000,000
1,000,000
Liquor Liability 1,000,000
Event Date: 11/04/2023
Insurable Interest: Additional Insured
Certificate holder is listed as additional insured per the attached policy endorsement.

City of Lindsay
251 E Honolulu St
PO Box 369
Lindsay CA 93247

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 2023 Regular Meeting of the Lindsay City Council

October 10, 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

9.3 MEETING DATE: October 10, 2023

ACTION & RECOMMENDATION
Consider the Approval of Lindsay-Strathmore Irrigation District’s Request to Connect Seven (7) of their Existing Residential Accounts to the City Water System on Bellah Avenue.

BACKGROUND | ANALYSIS
Lindsay-Strathmore Irrigation District (LSID) has submitted a letter requesting the connection of seven (7) residential properties outside of City limits. Per Lindsay Municipal Code Chapter 13.04.300 Service Outside City: All water services outside the city limits are subject to council approval.

LSID has received grant funding to make several improvements to their system and have contracted with Provost & Pritchard Consulting Group (P&P) to explore viable options to make the improvements through their system. The properties East on Bellah Avenue, North of Hickory Street have been identified as “High Priority” as part of these improvements’ effort. These properties are currently served by LSID with non-potable water and are located just outside of City limits.

The City has an 8-inch water line within 30 feet of the current LSID water line which requires replacement/improvements.

P&P and LSID have explored several options to replace the old/leaky main line serving the subject properties but have concluded that the most viable course of action is to transfer those properties to the City Water System. The old LSID leaky water line has damaged the City street due to several leaks in the past few years and a new line is needed to protect the integrity of the street. Furthermore, LSID does not provide potable drinking water whereas the City does. The State of California has made it very clear that anytime there is a possibility of transferring irrigation district accounts to potable drinking providers, it must be done. In addition, if LSID were to install a new pipe, the new pipe would need to be placed underneath the railroad on Bellah Avenue and the cost and time would be too high. If the City Council approves the connection of these seven (7) properties to the City’s water system, LSID would agree to repair half of the street and install curb & gutter on the East side of Bellah Avenue. Curb & Gutters will ensure the stability of the street shoulder and protect the street from deterioration. LSID will be responsible for all costs associated with completing this project.

October 10, 2023 Regular Meeting of the Lindsay City Council

List of Affected Properties:

1. Clara & Richard Gomez, APN 201-240-011

2. Clara & Richard Gomez, APN 201-240-010

3. Clara & Richard Gomez, APN 201-240-009

4. Sherry Hernandez, APN 201-240-008

5. Maria Esther & Martin Servin, APN 201-240-007

6. Elmira Valdez, APN 201-240-006

7. Bertha & Issac Nerto, APN 201-240-005

FISCAL IMPACT
Should this action be approved, the City will benefit from revenues deposited into the WATER FUND.

ATTACHMENTS
• Location/APN Map
• LSID Letter
October 10, 2023 Regular Meeting of the Lindsay City Council

APN 201-240-011
APN 201-240-010
APN 201-240-009
APN 201-240-008
APN 201-240-007
APN 201-240-006
APN 201-240-005

LOCATION/APN MAP
October 10, 2023 Regular Meeting of the Lindsay City Council

P.O. Box 846 • Lindsay, CA 93247 • Phone: (559) 562-2581 • Fax: (559) 562-3882 • www.lsid.org 23260 Round Valley Drive • Lindsay, CA 93247
September 29, 2023
City of Lindsay
251 E. Honolulu Street
Lindsay, CA 93247
Attention: City Council
Re: Connection to City of Lindsay Water
Dear Honorable Council Members:

The Lindsay-Strathmore Irrigation District (“District”) is currently developing plans for its Phase II USDA Water Main Replacement Project. One of the areas identified as “High Priority” is a short section of Bellah Avenue, between Hickory Street and Plum Street. There are seven (7) single family residential properties located along the proposed replacement area. These residential lots range in size from 0.20 ac. up to 0.55 ac. To replace this water main, the District will be required to bore under the Burlington Northern and Sante Fe Railroad Right of Way. This will add significant cost and will result in the continued supply of non-potable water for those customers.

In an effort to reduce costs and to provide potable drinking water to those customers, the District requests that the City of Lindsay agree to provide water service to the properties identified in Attachment “A”. In exchange for providing the requested water service, the District agrees to provide the following:

A. Install new water services, meters, and meter boxes to City of Lindsay Standards; B. Install new curb and gutter along the frontage of subject properties to the greatest extent possible, location to be determined in coordination with City of Lindsay; C. Install new paving (northbound lane) along the frontage of the subject properties; I hope this information is sufficient. If you need any additional information, please feel free to contact me at (559) 562-2581.

We look forward to working together with the City.

Sincerely,
Craig N. Wallace
General Manager
Lindsay-Strathmore Irrigation District
23260 Round Valley Drive
Lindsay, CA 93247
Office: (559) 562-2581
Fax: (559) 562-3882
Email: [email protected]
October 10, 2023 Regular Meeting of the Lindsay City Council

ATTACHMENT “A”

1. 1132 N. BELLAH AVENUE
a. APN: 201-240-011
b. 0.55 AC

2. 1146 N. BELLAH AVENUE
a. APN: 201-240-010
b. 0.48 AC

3. 1164 N. BELLAH AVENUE
a. APN: 201-240-009
b. 0.38 AC

4. 1170 N. BELLAH AVENUE
a. 201-240-008
b. 0.36 AC

5. 1190 N. BELLAH AVENUE
a. APN: 201-240-007
b. 0.23 AC

6. 1208 N. BELLAH AVENUE
a. APN: 201-240-006
b. 0.26 AC

7. 1222 N. BELLAH AVENUE
a. APN: 201-240-005
b. 0.20 AC
October 10, 2023 Regular Meeting of the Lindsay City Council

ATTACHMENT “B”
October 10, 2023 Regular Meeting of the Lindsay City Council