Lindsay City Council
October 24, 2023

LINDSAY CITY COUNCIL

REGULAR MEETING AGENDA
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on October 24, 2023, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087. Those who would like to make a public comment during the public comment portion of the agenda may do so by utilizing the raise hand feature or indicating they would like to make a comment in the chat.

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

1. CALL TO ORDER

2. PLEDGE
Led by Council Member SERNA.

3. ROLL CALL

4. APPROVAL OF AGENDA

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

6. COUNCIL REPORT

7. CITY MANAGER REPORT

8. RECOGNITION ITEMS

8.1 Proclamation in Honor of Vita-Pakt Citrus Products (p. 4) Presented by Mayor Cerros
Presented to Roger Carender, Vita-Pakt Citrus Products General Manager of Operations & Engineering
October 24, 2023 Regular Meeting of the Lindsay City Council

9. PRESENTATION ITEMS

9.1 Lindsay High School Associated Student Body (ASB) Representative Update Presented by Daisy Andrade-Lemus, Lindsay High School ASB Representative

9.2 Lindsay Unified School District Fall 2023 Update (pp. 5 – 13) Presented by Tom Rooney, Lindsay Unified School District Superintendent

9.3 Department of Public Safety Update
Presented by Chief Rick Carrillo, Director of Public Safety

10. STUDY SESSION(S)

10.1 Lindsay City Charter (pp. 14 – 39)
Presented by Megan Dodd, City Attorney

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

11.1 Minutes from October 10, 2023 Regular Meeting (pp. 40 – 44)

11.2 Warrant List for October 02, 2023 through October 15, 2023 (pp. 45 – 51)

11.3 Consider Minute Order Acceptance of the Downtown Lindsay Demolition and Cleanup Project as Complete and Grant City Staff Authorization to File a Notice of Completion with the County of Tulare Recorder (pp. 52 – 53)

11.4 Consider the Approval of Resolution No. 23-41, A Resolution of the City Council of the City of Lindsay, California Declaring the Properties at 284 East Hermosa Street (APN 205- 261-014) and 116 South Elmwood Avenue (APNs 205-236-022 and 205-236-023), both in Lindsay California 93247 to be Surplus Property (pp. 54 – 59)

11.5 Consider Minute Order Authorization to Enter Into an Agreement with VL Friday Night Market for Services Regarding the Friday Night Market and Granting City Manager Authorization to Execute Any Documents Thereto (pp. 60 – 84)

12. PUBLIC HEARING(S)

12.1 First Reading of Ordinance No. 613 An Ordinance of the City Council of the City of Lindsay Approving a Development Agreement Between the City of Lindsay and NFDI LLC, a Nevada Limited Liability Company, and Alta Vista Holdings, LLC, a California Limited Liability Company (Collectively “Developer”), Governing the Planned Unit Development (PUD) No. 23-01, O’Hara’s Ranch Subdivision and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 85 – 119) Presented by Curtis Cannon, Planning Manager
October 24, 2023 Regular Meeting of the Lindsay City Council

13. ACTION ITEMS

13.1 Consider Approval of Resolution No. 23-42, A Resolution of the City Council of the City of Lindsay Approving Sole Source Provider Designation to Fire Apparatus Solutions in Accordance with the City of Lindsay Procurement Policy and Pursuant to California Government Code §10300-10334 and Authorize Expenditures for a Fully Outfitted KME Type 1 Fire Engine and Granting City Manager Authorization to Execute Any Documents Thereto (pp. 120 – 129)
Presented by Ryan Heinks, Public Safety Lieutenant

13.2 Review and Discussion of Cannabis Operations Map and Consideration of Approval of Request to Release a Request for Proposals (RFP) for a Commercial Cannabis Retail Dispensary (pp. 130 – 162)
Presented by Joseph M. Tanner, City Manager

14. EXECUTIVE (CLOSED) SESSION

14.1 Conference with Labor Negotiators Pursuant to Cal Gov. Code § 54957.6 Agency Designated Representative: Joseph M. Tanner, City of Lindsay Employee Organization: City of Lindsay Mid-Management Group

14.2 Public Employee Performance Evaluation – City Manager Pursuant to Cal Gov. Code § 54957(b)(1)

15. REQUEST FOR FUTURE ITEMS
Council requests for future agenda items, can be called for by any Councilmember during the ‘Request for Future Items’ section of a regular meeting. Immediately following the request of an item, a vote will be taken on the item. If a majority of the City Council supports further study of the item, then a full staff analysis will be prepared within a reasonable time as determined by the City Manager unless otherwise directed by a majority of the City Council.

Discussion shall be limited to whether an item should be added to an agenda, not the merit of the item.

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

The next Regular Meeting of the Lindsay City Council is scheduled to be held on November 14, 2023.

October 24, 2023 Regular Meeting of the Lindsay City Council

WHEREAS, Vita-Pakt Juice Company, was founded in 1947 as one of the first fresh orange juice companies in California, and after being incorporated in 1957 as Vita-Pakt Citrus Products Company, they continue to be a significant part of California’s citrus industry; and WHEREAS, Vita-Pakt Citrus Products aims to provide their customers with the highest quality products, customer service, and value to their operations; and WHEREAS, in 2010 Vita-Pakt relocated their Covina production facility to Lindsay and in 2014 completed the Tulare juice plant move to Lindsay; and WHEREAS, Vita-Pakt drives economic prosperity, creates job opportunities, and contributes to the overall well-being of the Lindsay community; and WHEREAS, Vita-Pakt has consistently demonstrated a strong commitment to corporate social responsibility and community engagement; and
WHEREAS, on September 26, 2023, City Staff attended Vita-Pakt’s Town Hall and was later presented with a $2,500 check as a donation on behalf of Vita-Pakt.

NOW, THEREFORE, BE IT RESOLVED, that I, Hipolito A Cerros, Mayor of the City of Lindsay, do hereby recognize and commend Vita-Pakt for their outstanding contributions to our City and proclaim that the $2,500 will go towards a project that will directly benefit the community of Lindsay.

IN WITNESS WHEREOF, I hereby set my hand and caused the Seal of the City of Lindsay to be affixed this 24th Day of October of 2023.

LINDSAY CITY COUNCIL

Hipolito Angel Cerros, Mayor
October 24, 2023 Regular Meeting of the Lindsay City Council

Lindsay Unified
School District
Fall 2023 Updates
Presented by Superintendent Tom Rooney
October 24, 2023
October 24, 2023 Regular Meeting of the Lindsay City Council

Adult Wellness Survey Data
October 24, 2023 Regular Meeting of the Lindsay City Council

New TQP Residency Grant
October 24, 2023 Regular Meeting of the Lindsay City Council

New Teacher School Leader Grant
$8.5
Million!
October 24, 2023 Regular Meeting of the Lindsay City Council

A. $8.5 million in current resources
B. Focus areas:
a. University scholarships
b. Trade school scholarships
c. Junior College support funds
d. Pipeline for future Residency participants
e. Community Impact Projects
Lindsay Educational Foundation for
Learning (LEFL)
October 24, 2023 Regular Meeting of the Lindsay City Council

Increased REAP
funding through 2030
and beyond…
October 24, 2023 Regular Meeting of the Lindsay City Council

Lindsay Leads Re-launch
● 40 Ambassadors
● 6 Scheduled Visits
● Teams conducting training throughout the country
● New international impact starting
October 24, 2023 Regular Meeting of the Lindsay City Council

100% of Lindsay Preschools have
a 5-STAR Rating from the State
October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER OF THE ARTICLE IV

CITY OF LINDSAY CITY MANAGER

4.01 City Manager Appointment.

January 8, 1996 4.02 Acting City Manager.

4.03 Powers and Duties of City
Sections: Manager.

ARTICLE I

NAME, BOUNDARIES AND ARTICLE V

FORM OF GOVERNMENT CITY CLERK

1.01 Name. 5.01 Office of City Clerk.

1.02 Boundaries. 5.02 Duties of City Clerk.

1.03 Form of Government.

ARTICLE VI
ARTICLE II CITY ATTORNEY POWERS, DUTIES AND 6.01 Office of City Attorney. OBLIGATIONS OF mE CITY 6.02 Duties of City Attorney. 2.01 Powers of the City. 6.03 Special Counsel. 2.02 General Law Powers.

2.03 Municipal Affairs.

ARTICLE VII 2.04 Intergovernmental Powers.

DEPARTMENTS, AGENCIES 2.05 Liberal Interpretation.

2.06 Duties and Obligations of the AND EMPLOYEES
City Council. 7.01 Departments.

7.02 Department Heads.

ARTICLE III 7.03 Personnel System.

MAYOR AND CITY COUNCIL 7.04 Boards, Commissions and

3.01 City Council. Committees.

3.02 Judge of Qualifications.

3.03 Vacancies and Forfeiture of ARTICLE VIII
Office. FINANCIAL PROCEDURES

3.04 Filling of Council Vacancies. 8.01 Financial Systems.

3.05 Compensation and Expenses. 8.02 Submission of Budget and

3.06 Powers and Duties of the City Budget Message.

Council. 8.03 Annual Budget.

3.07 Council Procedure. 8.04 City Council Review of Budget.

3.08 Actions Requiring an 8.05 Adoption of Budget.

Ordinance. 8.06 Budget Amendments After

3.09 Ordinances in General. Adoption.

3.10 Emergency Ordinances. 8.07 Overexpenditures Prohibited.

3.11 Ordinance Authentication, 8.08 Lapse of Appropriations. Recording and Codes. 8.09 Capital Program and Budget. 3.12 Mayor. 8.10 Public Documents.

3.13 Mayor Pro Tern. 8.11 Purchasing and Contracting. 3.14 Prohibitions on City Council. 8.12 Miscellaneous Fiscal

3.15 Independent Audit. Procedures.

C-l (Lllldsay Stipp. No.3, 2-07)
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER

ARTICLE IX

TAXATION, REVENUES AND DEBT

9.01 Property Taxation.

9.02 Tax Limit.

9.03 9.04

9.05 9.06

10.01 10.02

10.03 Balanced Revenue System.

Annual Review of Rates & Fees.

Debt.

Depositories and Investments.

ARTICLE X

ELECTIONS
Election Procedures.

Special Elections.

Initiative, Referendum and
Recall.

ARTICLE XI

GENERAL PROVISIONS

11.01 Conflicts oflnterest.

11.02 Franchises.

11.03 Violations.

11.04 Definitions.

ARTICLE XII

CHARTER AMENDMENT

12.01 Charter Amendment.

12.02 How Amended.

12.03 Amendment Election.

ARTICLE XIII

TRANSITION AND SEVERABILITY

13.01 13.02

13.03 13.04
Transition.

Severability .

Transition of Current Ejected
Officials.

Continuity of Laws, Officers
and Em ployees.
(Lindsay Supp No.:1, 2·07) C-2

CHARTER OF THE

CITY OF LINDSAY, CALIFORNIA
January 8, 1996
Vision Statement:

The citizens of the City of Lindsay do enact this
Charter to fornl a better City government for all citizens of the City, to provide for the public health, safety, welfare and morals of its residents, property
owners and businesses, and to preserve and to enhance the quality oflife for ourselves, our families, our neighbors, and our businesses, for now and the
future.

ARTICLE I

NAME, BOUNDARIES AND FORM OF

GOVERNMENT
Section 1.01 Name.

The municipal corporation now existing and
known as the City of Lindsay shall remain and continue to exist as a municipal corporation under the name "City of Lindsay", but as a California Constitution Home Rule Charter City.

Section 1.02 Boundaries.

The boundaries of the City of Lindsay shall be as
now establ ished, and may be changed in the future as
provided by law, by this Charter, or by ordinance.

Section 1.03 Form of Government.

The organizational form of government under
which the City of Lindsay shall operate shall be that
which is commonly known as "The Council-Manager
Plan".

ARTICLE II

POWERS, DUTIES AND OBLIGATIONS OF

THE CITY
Section 2.01 Powers of the City.

The City shall have all powers possible for a city
to have under the Constitution and laws of the United
October 24, 2023 Regular Meeting of the Lindsay City Council

States and of the State of California as fully and
completely as though those powers were specifically
enumerated in this Charter.

Section 2.02 Gener.d Law Powers.

Nothing in this Charter shall be construed to prevent or restrict the City from exercising any and all rights, powers and privileges heretofore or hereafter
granted or prescribed by the General Laws of the
State of California. All General Law powers of cities
in California are hereby declared to be possessed by
the City.

Section 2.03 Municipal Affairs.

The City may make and enforce all ordinances and
regulations in respect to municipal affairs, subject
only to restrictions and limitations provided in this
Charter and applicable United States and California
Constitution provisions, and decisions of courts with
competent jurisdiction. As regards municipal affairs,
and all powers granted herein and hereby, this Charter shall supersede all laws inconsistent therewith.

Section 2.04 Intergovernmental Powers.

The City may exercise and perform any of its
functions and may participate in the financing
thereof, jointly or in cooperation, by contract or otherwise, with anyone or more states or any agency of the State of California, or any governmental jurisdiction or non-profit corporation thereof, or the United States or any of its agencies.

Section 2.05 Liberal Interpretation.

The powers of the City under this Charter shall be
construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way any of the
powers granted by this Charter.

Section 2.06 Duties and Obligations of the
City Council.

A. Duties. The City Council shall have the
power and it shall be the duty, obligation and responsibility of the City Council to develop plans and programs, provide adequate financial and physical reC-3

CHARTER
sources for, and to implement fully such plans and
programs as it finds necessary to accomplish the duties and obligations set out in this Charter, and State and federal law.

B. Balanced Programs. The City Council shall
make provision for, budget for, and at all times provide adequate financial resources and physical facilities for and shall have the power to maintain a balanced and full range of quality City services, activities and facilities to provide equitably for the quality oflife for all economic, social, ethnic and age groups
and geographical areas within the City.

ARTICLE III

MA YOR AND CITY COUNCIL
Section 3.01 City Council.

A. The Council. There shall be a City Council
composed of five Councilmembers elected by the
voters of the City at large.

B. Eligibility. Only registered voters of the City
residing within the corporate boundaries of the City
shall be eligible to file for, run for, and to hold the office of Council member.

C. Regular Election. The regular election of
Councilmembers shall be held on the first Tuesday
after the first Monday of November in even numbered years, unless such date is changed by ordinance.

D. Election of Councilmembers. A regular
Council election shall be held in November of 1996,
at which election three Councilmembers shall be
elected. A regular Council election shall be held in
November of 1998, at which election two Councilmembers shall be elected.

E. Who Elected. The winner orwinners in each
election in which the office of Councilmember is to
be filled shall be those candidates receiving the highest number of votes, in descending order, until all vacant Councilmember positions are filled.

F. Term. Councilmembers shall serve for four
years or until their successor is elected and qualified, except as set out hereinafter in this Charter. The
terms of Counci I members shall begin as soon as pos-
(Lindsay Supp. No.3, 2·07)
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER
sible after canvass of the election is certified and
each Council member elected files all required disclosure or other statements required by law or ordinance.

G. Non-Prohibition. The prohibition referred to
in Article III, Section 3.14 A shall not apply to any
person who holds the office of Counci Imember at the
time ofthe adoption of this Charter.

Section 3.02 Judge of Qualifications.

A. Additional Standards of Conduct. The City
Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of office. The Council shall have the power to set additional standards of conduct for its members
beyond those specified in this Charter or by State
law, and may provide for such penalties as it deems
appropriate, including forfeiture of office.

B. Exercise of Qualification Powers. To exercise the judge of qualifications powers the Council shall have power to subpoena witnesses, administer
oaths and require the production of evidence. A
Councilmember charged with conduct constituting
grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing
shall be published in a newspaper of general circulation within the City at least one week in advance of the hearing.

C. Decision Subject to Judicial Review. Decisions made by the Council under this Section shall be subject to judicial review.

Section 3.03 Vacancies and Forfeiture of
Office.

A. Vacancies. The office of a Councilmember
shall become vacant upon the Councilmember's
death, resignation, removal from office or forfeiture
of office in any manner prescribed by law or by ordinance.

B. Forfeiture of Office. A Councilmember shall
forfeit that office if the Councilmember:

I. Lacks at any time during the term of office
for which elected any qual ification for the office prescribed by this Charter or by law; (Lindsay Supp. No.3, 2·07) C-4

2. Violates any express provision or prohibition
of this Charter;

3. Is convicted of a crime involving moral turpitude, or;

4. Fails to attend three consecutive regular
meetings of the Council without being excused by
the Council.

5. Establishes residence outside the City.

Section 3.04 Filling of Council Vacancies.

A. Vacancy. Should a vacancy in the City
Council occur more than 90 days prior to the election
at which Councilmembers are to be elected the vacancy shall be filled by majority vote of the remaining members of the City Council by the appointment of a qualified person to fill the remainder of the unexpired term.

B. Filling Vacancy By Regular Election. No appointment shall be made if the vacancy occurs less than 90 days prior to such election, in which case the vacancy shall be filled through the regular election process for the remainder of the unexpired term, if any.

C. Procedure to Fill Vacancy by Appointment.

Within 15 working days of the occurrence of the
Council vacancy, following a published notification
of such vacancy, persons who are eligible for and
interested in filling the vacancy shall file a standard application with the City Clerk. On the 16th working
day following the creation of the vacancy, the City
Clerk shall provide to the remaining Councilmembers the applications of all eligible applicants. Within 30 calendar days of receipt of said applications by the City Council the Council shall make an appointment
from among the eligible applicants.

Section 3.05 Compensation and Expenses.

The City Council may determine the annual salary
of the Mayor and Councilmembers by ordinance, but
no ordinance increasing such salary shall become
effective until the date of the commencement of the
terms of Council members elected at the next regular
election. The Mayor and Councilmembers shall receive their actual and necessary expenses incurred in the performance of their duties of office.

October 24, 2023 Regular Meeting of the Lindsay City Council

Section 3.06 Powers and Duties of the City
Council.

A. Powers. All powers of the City shall be
vested in the City Council except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law and by this Charter.

B. Duties of the City Council. The Council shall
make policy for the City and, additionally, shall be
responsible to the people of Lindsay for, but not limited to the following duties and responsibilities:

I. Considering ordinances and resolutions and
adopting those which it determines to be necessary
for the governance, proper administration and adequate financing of the City;

2. Providing oversight ofthe City Manager and
all municipal activities under his/her purview;

3. Carrying out all provisions of this Charter,
City ordinances and applicable State and federal
laws;

4. Conducting such reviews and taking such
actions as may be required for the effective governance and financing of the City;

5. Performing such other duties as may by State
law, ordinance or resolution be assigned to the City
Council, but in no way conflict with the duties of the
City Manager as set out in this Charter or by ordinance.

Section 3.07 Council Procedure.

A. Regular Meetings. The Council shall meet
regularly at least once in every month at such times
and places as the Council may by ordinance prescribe, and may provide for more frequent meetings as it shall determine.

B. Special Meetings. Special meetings of the
Council may be held on the call of the Mayor or of
three or more members of the City Council.

C. Notice and Agendas for Meetings. Notice of
all meetings of the City Council shall be provided
and all meeting agendas shall be prepared and all
meetings held pursuant to State law and procedures
established by the Council by ordinance.

C-5

CHARTER
D. Rules and Minutes. The City Council shall
determine its own rules and order of business byordinance.

E. Minute Book. The City Clerk shall keep a
minute book of the proceedings of the Council,
which book shall be a public record.

F. Voting. Voting on ordinances and resolutions
shall be as determined by ordinance. All votes shall
be recorded in the minute book. The number of votes
required to adopt any issue before the Council shall
be as determined by the rules of the Council.

G. Quorum. Three members ofthe Council shall
constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council.

Section 3.08 Actions Requiring an
Ordinance.

A. Acts Required By Ordinance. In addition to
other acts required by law or by this Charter to be
done by ordinance, those acts of the City Council
shall be by ordinance which:

I. Adopt or amend an administrative code or
establish, alter or abolish any City department, office, agency, authority or corporation;

2. Levy taxes;

3. Provide for a fine or other penalty or establish a rule or regulation for which a fine or other penalty is imposed;

4. Grant, renew or extend a franchise;

5. Authorize the borrowing of money except as
provided elsewhere in this Charter;

6. Convey title to or lease or authorize the conveyance or lease of any lands owned by the City;

7. Regu late land use and development; and,

8. Amend or repeal any ordinance previously
adopted.

B. Other Acts. Acts other than those referred to
in the preceding Sub-Section may be taken byordinance, resolution or motion, as determined by the rules of the Council.
(Lindsay SlIpp. No.3, 2.(7)
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER
Section 3.09 Ordinances in General.

A. Form. Every proposed ordinance shall be
introduced in writing in the final form required for
adoption as prescribed in the Council rules, and shall
be enacted or repealed in the form: "The City Council of the City of Lindsay does ordain".

B. In Writing. A copy of any proposed ordinance shall be provided to the City Clerk a minimum of three days prior to the meeting at which such ordinance is proposed to be introduced. The City Clerk immed iately shall distribute a copy of such proposed
ordinance to each Councilmember, the City Manager
and City Attorney, and any member of the public
who requests such.

C. One Subject. No ordinance shall contain
more than one subject, which shall be clearly expressed in its title.

D. Procedure. An ordinance may be introduced
by any Councilmember at any regular, special or adjourned meeting of the Council, subject to the time limitations of this Section.

E. Reading and Adoption. An ordinance may be
read by title only at the time of its introduction, and must be available to the public in full text in the office of the City Clerk when introduced. The second reading and adoption of the introduced ordinance
shall be held at a regular. special or adjourned meeting of the Council, which meeting shall be not less than five calendar days after its introduction. The
ordinance may be read by title only at the second
reading.

F. Ordinance Effective Date. Except as otherwise provided in this Charter, by State law and by ordinance, every adopted ordinance shall become
effective at the expiration of 30 days after adoption,
or at any later date specified in the ordinance.

G. Adoption of Standard Codes. The Council
may adopt standard codes, compilations and codifications by reference thereto in an adopting ordinance, without specific verbatim publication or codification
in the City Code. Such Codes shall be:

I. Adopted by ordinance by the procedure and
requirements prescribed for ordinances generally,
except that:
(Lindsay Supp, No, J, 2-07) C-6
a.) The requirement for distribution and filing of
copies ofthe ordinance shall be construed to include
copies of the specific standard Code as well as of the
adopting ordinance, and~
b.) A copy of each adopted standard Code as
well as of the adopting ordinance shall be authenticated and recorded by the City Clerk and maintained as a matter of public record in the office of the City
Clerk~

2. Made available by the City Clerk for distribution or for purchase at a reasonable price.

H. Ordinance Publication. The City Clerk shall
publish every ordinance adopted by the City Council,
in full text or as a brief summary thereof. within 20
days following such adoption, in a newspaper of general circulation in the City or, if there is no newspaper of general circulation in the City, by posting in three established public places.

Section 3.10 Emergency Ordinances.

A. Emergency Defined. To meet a public emergency affecting life, health, property or the public peace, the City Council may adopt one or more
emergency ordinances.

B. Manner of Adoption. Emergency ordinances
shall be:
1 . Introduced in the form and manner prescribed for ordinances generally;

2. Plainly designated as an emergency ordinance, including after the enacting clause a declaration stating that an emergency exists and describing it in clear and specific terms;

3. Introduced with or without the provision of
copies three days in advance;

4. Adopted after reading in entirety, with or
without amendment, or rejected, at the meeting at
which it is introduced;

5. Adopted only by a four fifths affirmative
vote of the City Council if the Council consists of
five members. three Councilmembers if the Council
consists of only four members, and all three members
if the Council consists of only three members;

6. Effective upon adoption or at such later time
as stated in the ordinance;
October 24, 2023 Regular Meeting of the Lindsay City Council

7. Published and printed as prescribed for other
adopted ordinances;
C. Manner of Repeal. Emergency ordinances
automatically shall be repealed as of the 61 st day
following the date on which it was adopted, but such
automatic repeal shall not prevent reenactment ofthe
ordinance in the manner specified in this Charter if
the emergency still exists, or:

I . Repealed or replaced by adoption of another
ordinance in the manner specified in this Charter; or

2. Repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.

Section 3.11 Ordinance Authentication,
Recording and Codes.

A. Recordation. The City Clerk shall authenticate by signing and shall record in full in properly indexed books kept for the purpose, each ordinance
and resolution adopted by the City Council.

B. Codification. Within three years after adoption of this Charter, and at least every ten years thereafter, the City Council shall provide for and the
City Clerk shall prepare or have prepared a general
codification of all City Ordinances having the force
and effect of law.

C. Codification Adoption. The general codification shall be adopted by the Council by ordinance and shall be reproduced promptly in bound or looseleaf form, together with this Charter and any amendments thereto, and such Codes adopted by reference and such other rules, regulations and resolutions of
the City as the Council may specify.

D. Code Name and Availability. The codification shall be cited officially as the Lindsay City Code. Copies of the Code shall be furnished to City
officers, placed in libraries and public offices for free public reference, and made available for purchase at
a reasonable price as fixed by the City Council.

E. Reproduction of Ordinances. The City Clerk
shall cause each ordinance and each amendment to
this Charter to be reproduced promptly following its
adoption, and such ordinances and charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the City Council.

C-7

CHARTER
F. Reproduction of Code. Following reproduction and distribution of the first Lindsay City Code, and at all times thereafter, the ordinances and Charter shall be reproduced in substantially the same style as
the Code currently in effect, and shall be suitable in
form for integration therein.

G. Distribution. The Council shall make such
arrangements as it deems desirable with respect to
reproduction and distribution of any current changes
in or additions to the provisions of the City standard
codes adopted by reference.

Section 3.12 Mayor.

A. Office of Mayor. The office of Mayor is
hereby created. The City Council shall elect from
among its members a Mayor who shall serve at the
pleasure of the City Council.

B. Duties of Mayor. The duties of the Mayor
shall be assigned by the Council by ordinance, which
shall include but not be limited to the duties listed in this Sub-Section:

I. Preside at meetings of the City Council;

2. Represent the City in intergovernmental relationships;

3. Be recognized as the head of the City government for alI ceremonial purposes and by the Governor for purposes of military law; C. No Administrative Duties. The Mayor shall
have no administrative duties.

D. Process of Selection. The process for the selection of Mayor and Mayor Pro Tem shall be included in and as set out in the rules of the Council.

Section 3.13 Mayor Pro Tern.

The office of Mayor Pro Tern is hereby created.

The City Council shall elect from among its members
a Mayor Pro Tern who shall serve at the pleasure of
the City Council. The Mayor Pro Tern shall act as
Mayor during the Mayor's absence or disability.

Section 3.14 Prohibitions on City Council.

A. Future City Employment. No former Councilmember shall hold any compensated appointive office or employment with the City of Lindsay until
(Lindsay Stipp. No.3, 2·07)
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER
four years after the expiration of the term for which
the Councilmember was elected to the Council.

B. Exception. Nothing in this Section shall be
construed to prohibit the Council from selecting any
current or former Councilmember to represent the
City on the governing board of any regional or other
intergovernmental agency.

C. Employee Appointments and Removals. Neither the City Council nor any of its members shall in any manner control or influence the appointment or
removal of any City department head or employee
whom the City Manager or any subordinate of the
City Manager is empowered to appoint.

D. Expression ofYiews. Nothing in this Section
shall be construed to limit the ability of the City
Councilor of Councilmembers to express its and
their views and fully and freely discuss with the City
Manager anything pertaining to appointment and removal of City department heads and employees.

E. Interference with Administration. The Council and Council members shall deal with City department heads and employees who are subject to the direction and supervision of the City Manager solely
through the City Manager, and neither the Council
nor any Counci Imember shall give orders to any such
department head or employee, either publicly or privately.

Section 3.15 Independent Audit.

A. Order of Audit. The City Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary.

B. Restrictions. Such audits shall be made by a
certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of
its officers. The person or firm selected by the City
Council shall be experienced in the audit of Calif ornia city governments.

C. Designation of Audit Firm. The City Council
may, without requiring competitive bids, designate
such accountants or firm to conduct the audit annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be
(Lindsay Stipp. No.3. 2-07) C-8
made not later than 30 days prior to the close of the
fiscal year to be audited.

ARTICLE IV

CITY MANAGER
Section 4.01 City Manager Appointment.

A. Office of City Manager. The office of City
Manager is hereby created. The City Council by majority vote shall appoint a City Manager through the mechanism of an employment agreement.

B. Qualifications. The City Manager shall be
selected and appointed solely on the basis of executive and administrative qualifications.

C. Requirements. The City Manager:

1. Shall serve at the pleasure of the City Council;

2. Shall be the chief executive and administrative officer of the City, all its agencies, authorities and corporations;

3. Shall be paid such salary, receive such benefits and have such expenses paid by the City on his/her behalf as are commensurate with and necessary to execute the responsibilities ofthe position and as shall be fixed by the Council;
D. Restrictions on Employment Agreement. The
City Manager employment agreement shall set out
the terms and conditions of employment, pay, benefits, goals and objectives, a requirement for periodic and regular performance evaluations, obligations, and
termination compensation. The agreement shall be
for an indefinite term, and shall be a public record.

E. Reduction of Salary and Benefits. The salary
and benefits of the City Manager shall not be reduced
by the City Council at any time unless the salaries
and benefits of all City employees are reduced in the
same percentage as proposed for the City Manager.

Section 4.02 Acting City Manager.

By letter filed with the City Clerk, the City Manager shall designate a City department head or employee to exercise the powers and perform the duties of City Manager on those occasions the City Manager will be absent from the City for longer than 48 October 24, 2023 Regular Meeting of the Lindsay City Council

hours. The City Council shall designate an Acting
City Manager in the event of the disability of the City Manager or at the request of the City Manager.

Section 4.03 Powers and Duties of City
Manager.

A. Chief Executive Officer. The City Manager
shall be responsible to the City Council for the administration of all City affairs placed in the City Manager's charge by ordinance or this Charter.

B. Duties By Ordinance. The duties of the City
Manager shall be established by ordinance, which
duties shall include but not be limited to the duties
assigned by this Charter.

C. Charter Duties. The City Manager shall:

I. Appoint, remove and discipline all employees of the City pursuant to requirements set out in this Charter and an ordinance establishing a merit
system of appointment and employment;

2. Delegate the appointment removal and discipline of subordinate employees to the department heads to which those employees are assigned, but
shall approve, modifY or disapprove all recommendations for appointment, removal and disciplinary actions taken against employees by department heads, pursuant to the terms of this Charter and the City
Personnel Ordinance;

3. Direct and supervise the administration of all
departments, offices, agencies, authorities, corporations, utilities and enterprises of the City;

4. Attend all City Council meetings, both public
and closed, at which the City Manager shall have the
right to take part in discussion but shall have no vote but, absent a directive to the contrary, the City Manager shall not be entitled to attend any closed session of the Council when suspension, dismissal or any
disciplinary action against the City Manager is discussed;

5. Prepare annually, submit and administer the
budget, capital improvement plan and other plans and
programs of the City as required by and set out in this Charter or by ordinance;

6. Keep the Council informed of the financial
condition, current and future needs of the City, and
make recommendations to the Council concerning
C-9

CHARTER
the affairs of the City as he/she shall deem necessary
or desirable:

7. Provide for enforcement and faithful execlltion of all laws, regulations and rules of the City, all Charter provisions, all acts of the Council, and administration of all contracts to which the City is a party;

8. Submit to the City Council and make available to the public for an appropriate fee, a complete report on the finances and adm in istrative activities of the City and of all its agencies, authorities and corporations, utilities and enterprises as of the end of each fiscal year;

9. Make such other reports as the City Council
may require concerning the needs and operations of
all City departments, offices, agencies, authorities,
corporations, util ities and enterprises;

10. Provide staff support to the Mayor and Councilmembers; II. Coordinate, cooperate with, and oversee and
supervise the work of the City Clerk and City Attorney;

12. Engage in no incompatible business, occupation or activity;

13. Receive notice of all meetings of the City
Council and all City boards, committees, commissions, agencies, authorities, corporations, uti lities and enterprises;

14. Be entitled to participate in the deliberations
of any City board, committee, commission, agency,
authority and corporation, but shall have no vote
therein; and,

15. Perform sllch other duties consistent with
this Charter as may be required by the City Council
by ordinance, resolution, minute order or contract.

ARTICLE V

CITY CLERK
Section 5.01 Office of City Clerk.

The office of City Clerk is hereby created. The
City Manager shall recommend the person to be appointed and the COLlncil shall appoint and, if neces- (Lindsay Supp. No. 3, 2-07)
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER
sary. may remove the City Clerk. The City Clerk may
be either full or part time.

Section 5.02 Duties of City Clerk.

A. Duties. The duties of the City Clerk shall be
established by ordinance, which duties shall include
but not be limited to the duties assigned by this Charter.

B. Charter Duties. The City Clerk shall:

I. Act as Clerk to the City Council and all other
City agencies, authorities and corporations;

2. Maintain the minute book, book of ordinances, book of resolutions, and all other documents and records of the City Council;

3. Conduct, supervise the conduct of, or oversee the contract conduct of all City elections;

4. Maintain the integrity of and provide for
public access to, safety of, and inspection of all City public records;

5. Perform and fulfill all duties assigned to the
City Clerk by this Charter;

6. Cooperate with and coordinate the work of
the City Clerk with that of the City Manager, all City
department heads, and the City Attorney; and,

7. Perform such other duties consistent with
this Charter as may be required by the City Council
by ordinance. resolution or motion; and,

8. May be designated as a department head, at
the discretion of the City Manager.

C. Statutory Duties. Perform all duties required
of a City Clerk by State law.

ARTICLE VI

CITY ATTORNEY
Section 6.01 Office of City Attorney.

The office ofCity Attorney is hereby created. The
City Council shall appoint and, if necessary, may
remove the City Attorney. The City Attorney may be
either full or part time, or retained under contract.

Section 6.02 Duties of City Attorney.

A. Duties. The duties of the City Attorney shall
be established by ordinance, which duties shall in-
(Lindsay Supp. No. :l. 2-07)
clude but not be limited to the duties assigned by this Charter.

B. Charter Duties. The City Attorney shall be
the chief legal officer of the City, whose duties shall include but not be limited to:

I. Advising the City Council, individual Councilmembers, the City Manager and his/her assistants, and department heads regarding the law relating to
City matters, provided, however, that the City Attorney shall not be required to advise any of these officials concerning his/her liabilities relating to personal conflicts of interest;
C-lO

2. Representing the City in legal proceedings;

3. Preparing, or reviewing and approving as to
form, all ordinances, contracts and other needed City
legal documents;

4. Select and retain specialist counsel when
there is a need for such specialized legal services,
subject to approval of the City Council;

5. Cooperate with and coordinate the work of
the City Attorney with that of the City Manager, all
City department heads, and the City Clerk;

6. Perform all duties required of a City Attorney by State law; and,

7. Perform such other duties consistent with
this Charter as may be required by the City Council
by ordinance, resolution, minute order or contract.

Section 6.03 Special Counsel.

The City Council may retain special counsel when
representation by the City Attorney would create an
impernlissible conflict.

ARTICLE VII

DEPARTMENTS, AGENCIES AND

EMPLOYEES
Section 7.01 Departments.

A. Creation of Departments. The City Manager
shall recommend and the City Council shall byordinance create, reorganize and abolish City departments, divisions, offices, agencies. authorities and corporations as necessary for the effective manageOctober 24, 2023 Regular Meeting of the Lindsay City Council

ment of the City, in addition to those created by this
Charter.

S. Functions. The functions of all City departments, divisions, offices, agencies, authorities and corporations shall be deternlined and assigned by
ordinance.

C. Prohibition on Revision. No function assigned by this Charter to a particular department or office may be discontinued or, unless this Charter
specifically so provides, assigned to any other.

D. Direction. All departments, offices, agencies,
authorities and corporations of the City government
shall be under the direction and supervision of the
City Manager.

E. City Manager as Department Head. With
consent of the Council, the City Manager may serve
as the head of one or more such departments, offices,
agencies, authorities or corporations, or may appoint
one person as the head of two or more departments.

Section 7.02 Department Heads.

A. Appointment. The City Manager shall appoint a department head for each department, which person shall be qualified in the field of expertise encompassed within the assigned department.

B. Removal. All department heads shall serve at
the pleasure of the City Manager and be subject to
his/her direction and supervision.

C. Requirements. All department heads shall be
City employees for the purposes of powers and duties, and be provided employment agreements by the City Manager setting out the terms and conditions of
employment, pay, benefits, goals and objectives, a
requirement for periodic and regular performance
evaluations, obligations, and termination. Such
agreements shall not exceed four years and shall be a
public record.

D. Restrictions. No department head may engage in any incompatible business, occupation or activity.

Section 7.03 Personnel System.

A. By Ordinance. The City Council shall adopt
a City Personnel Ordinance providing for the establishment, regulation and maintenance ofa personnel C-II

CHARTER
system governing those City human resource policies
and procedures available to the City Manager or
his/her designee for the effective administration of
the employees of the City.

B. Merit System. In making appointments and
promotions of City employees the appointing authority shall be guided by the requirements set out in the City Personnel Ordinance.

C. Personnel System Components. The City
Personnel Ordinance shall include, but not be limited
to the following:

I. An integrated classification and pay plan,
force reduction procedures, working conditions, discipline and dismissal, in-service training, grievances, relationships with employee organizations, regular
and periodic employee performance evaluations, and
incentive plans; and,

2. Open, publicly posted and competitive employee selection processes utilizing, where and when feasible, validated examinations at entry level and
objective evaluative processes for all other classifications; and,

3. Such other personnel and human resource
management provisions as shall be deemed to be
necessary, adopted by resolution.

D. Fair Employment Practices. The City personnel system shall in all manner and respects comply fully with all federal and State laws governing fair employment practices and prohibiting discrimination in all forms.

Section 7.04 Boards, Commissions and
Committees.

A. How Created. The City Council by ordinance
or resolution may create, modify, combine and abolish such boards, commissions and committees as it shall determine.

B. Appointments. Boards, commissions and
committees established by ordinance shall consist of
members nominated by the Mayor and approved by
the Council. Boards, commissions and committees
established by resolution shall be appointed by the
Mayor from nominees presented to him/her by the
Council.
(Lindsay Stipp. No. J. 2.(7)
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER
C. Powers and Duties. The ordinance shall prescribe their powers and duties, determine the number and qualifications of the members, their method of
selection, term of office and removal, and fix their
compensation, if any.

D. Limitation. All boards, commissions and
committees only shall be advisory to the City Council, and may not exercise any administrative or management powers.

ARTICLE VIII

FINANCIAL PROCEDURES
Section 8.01 Financial Systems.

A. By Ordinance. The City Council by ordinance shall provide for, assure implementation of, and enforce an integrated budgeting and financial
management system for the City which shall include,
but not be limited to the following:

B. Financing the Budget. The provision in the
annual budget of information for each fund, agency,
authority and corporation, indicating that for any
fund the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance, plus the use of appropriated reserves; C. Fiscal Year. The establishment of the time
span of a fiscal year; and,
D. Other Matters. Such other matters as determined as necessary and appropriate to secure the financial, service and administrative goals of the City, expressed in financial terms as recommended by the
City Manager and as set out in this Charter.

Section 8.02 Submission of Budget and
Budget Message.

A. Budget Calendar. On or before the first day
of the last month of each fiscal year the City Manager shall submit to the City Council a budget for the ensuing fiscal year, and an accompanying message.

B. Budget Message. The City Manager's budget
message shall explain the budget both in fiscal terms
and in terms of the work program. Additionally, it
shall:
(Lindsay Stipp. No. :1,2-07)

1. Outline the proposed financial policies of the
City for the ensuing fiscal year;

2. Describe the important features of the
budget;

3. Indicate any major changes from the current
year in financial policies, expenditures and revenues,
together with the reasons for such changes;

4. Summarize the City's debt position; and,

5. Include such other material as the City Manager deems desirable.

Section 8.03 Annual Budget.

A. Contents. The annual budget presented by
the City Manager shall contain but not be restricted
to the following:

B. Comprehensive Financial Plan. A complete
financial plan for all City funds, offices, departments, agencies, authorities, corporations, utilities, enterprises and activities for the ensuing fiscal year; C-12
C. Summaries. Summaries and totals adequate
to provide a comprehensive and consolidated view of
the City's financial condition;
D. Contents of Budget. Sections of the budget
shall provide for and contain:

1. The goals and objectives proposed to be
achieved by appropriations during the ensuing fiscal
year, detailed for each fund by organization unit,
program, purpose or activity, and the method of financing such proposed appropriations;

2. Comparative amounts for actual and estimated revenues and expenditures for the current fiscal year and actual revenues and expenditures for the preceding fiscal year;

3. Proposed capital expenditures during the ensuing fiscal year and the proposed method offinancing of each such capital expenditure; and,

4. Anticipated revenues, expenses, balances and
reserves, and the purpose of said reserve, for each
City fund, including all utility, enterprise, reserve,
and internal service funds, and for each City agency,
authority, corporation, utility and enterprise.

October 24, 2023 Regular Meeting of the Lindsay City Council

Section 8.04 City Council Review of Budget.

A. City Council. Immediately on receiving the
recommended budget from the City Manager the City
Council shall:

B. Consideration. At either regular or special
meetings receive, study and consider the City Manager's recommended budget and budget message; C. Notice and Hearing. Cause to be published in
a newspaper of general circulation or, if no such
newspaper exists. to post in three established public
places in the City the general summary of the budget
as presented by the City Manager, and a notice statmg:

1. The places and times where copies of the
budget and message are available for inspection by
the public; and,

2. The time and place, not less than five days
after such publication, for a public hearing on the
budget;
D. Amendments. Amend the recommended
budget as the Council shall see fit, except that no revisions shall be made contrary to the provisions of th is Charter;
E. Prohibited Amendments. Amend the budget
to add to or increase programs or amounts or to delete or decrease any programs or amounts, except expenditures required by law or for debt service, but
no amendment to the budget shall increase the authorized expenditures for any fund to an amount greater than total estimated income and carried forward fund balances, plus appropriated reserves.

Section 8.05 Adoption of Budget.

The City Council shall adopt the budget on or before the last day of the last month of the fiscal year currently ending. If the Council fails to adopt the
budget by the date prescribed in this Charter then the
budget as recommended by the City Manager shall
go into effect.

Section 8.06 Budget Amendments After
Adoption.

A. Amount of Budget. If during the fiscal year
the City Manager certifies in writing to the City
Council that there are available for appropriation
C-13

CHARTER
revenues in excess of those contained in the adopted
budget, the City Council may make supplemental
appropriations for the year up to the amount of the
excess.

B. Emergency Appropriations. To meet a public
emergency affecting life. health, property or the public peace, the City Council may make emergency appropriations. Any such emergency appropriation
shall be made by resolution stating the exact nature
of the emergency.

C. Reduction of Appropriations. If at any time
during the fiscal year it appears probable to the City
Manager that the revenues or fund balances available
and anticipated by the adopted budget will be insufficient to finance the expenditures for which appropriations have been made, the City Manager shall:

1. Report such a condition in writing to the City
Council without delay, indicating the estimated
amount of the deficit;

2. Report any remedial action taken by the City
Manager; and,

3. Make recommendations to the City Council
for further actions to be taken.

D. Prevention of Deficit. The City Council shall
take such actions as it determines necessary to prevent any budget deficit and, for that purpose it may reduce one or more appropriations to assure that a
budget deficit is prevented.

E. Budgetary Transfers. The City Manager may
transfer monies between departments, divisions, programs and accounts within funds and departments, but within dollar or percentage of fund limits set by
the Council annually as a part of the budget, but only
the Council by resolution may transfer monies between funds and from unappropriated or fund balances or reserves to any fund or appropriations account. All budgetary transfers made by the City Manager shall be reported in writing quarterly to the
City Council.

Section 8.07 Overexpenditures Prohibited.

A. Total of Budget. The total of proposed expenditures shall not exceed the total of estimated revenues plus carried forward fund balance and appropriated reserves, for any fund. (Lindsay Supp. No.3, 2-07)
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER
B. Payment Restrictions. No payment shall be
made or obligation incurred against any appropriation except in accordance with appropriations duly made by the Council and unless the City Manager or
his/her designee first certifies that there is a sufficient unencumbered balance in such appropriation and that
sufficient monies therefrom are or will be available
to cover the claim or meet the obI igation when it becomes due and payable.

C. Illegal Payment. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal.

D. Securities Exception. Nothing in this Charter
shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or in part by the
issuance of municipal securities, or to prevent the
making of any contract or lease providing for payments beyond the end of the fiscal year provided such contract or lease is not explicitly prohibited by
the provisions of the California Constitution.

E. Constitutional Limitation. The status of the
City budget and finances shall in all respects at all
times be in compliance with California Constitution
Article XVI. Section 18.

Section 8.08 Lapse of Appropriations.

A. When Lapse. Every appropriation, except as
provided for herein, shall lapse at the end of the fiscal year to the extent that it has not been expended or
encumbered.

B. Capital Outlay Appropriations. All appropriations for capital outlay items shall continue in force until expended, revised or repealed. The purpose of any such capital outlay appropriation shall be deemed abandoned after three years pass without
disbursement from or encumbrance against the appropriation.

C. Other Exemptions. Appropriations involving
trust and agency accounts and reserves shall not lapse
until specifically provided either by the annual
budget or separate resolution.
(LlIldsay Supp, No 3,2-(7)
Section 8.09 Capital Program and Budget.

A. Five Year Program. The City Manager annually shall prepare and submit to the City Council a five year Capital Program, which Program shall be
submitted as a separate part of but be considered by
the Council concurrent with the Annual Budget.

B. Program Contents. The Capital Program
shall include but not be limited to the folJowing:

1. A general summary of its contents;

2. A list of all capital improvements and other
capital expenditures which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for each improvement or proposed expenditure:

C-14

3. Cost estimates and recommended time
schedules for each improvement or other capital expenditure;

4. Method of financing for each improvement
or other capital expenditure; and.

5. The estimated annual cost of operating and
maintaining the facilities or equipment to be constructed or acquired.

C. Capital Program Adoption. The Capital Program shall be a part of and adopted as part of the Annual Budget.

Section 8.10 Public Documents.

Copies of the annual budget and message. the annual audit, the annual financial report if it be a separate document, and all appropriate summarizing documents shall be filed with the City Clerk as permanent public records, and shall be made available to the public for inspection and review.

Section 8.11 Purchasing and Contracting.

A. By Ordinance. The Council by ordinance
shall provide for a purchasing and contracting system
assuring a maximum of competition for the lowest
price consistent with a stated level of quality.

B. The Basic System. The Purchasing and Contracting Ordinance shall provide for and comply with all provisions of this Section and of this Charter. but not be limited to:

1. Control of the system by the City Manager,
who shal1 be empowered to make purchases and to
October 24, 2023 Regular Meeting of the Lindsay City Council

award contracts for amounts of $25,000 or less, annually adjusted in amount as set out herein;

2. Delegation of responsibility by the City
Manager to any appointed subordinate:

3. A requirement that should contracts or purchases in amount of $25,000 or less be awarded to anyone vendor or contractor cumulatively totalling
$75,000 in any three year period then, in that event,
the competitive process set out herein shall be followed prior to the award of subsequent contracts to such vendor or contractor, should such process otherwise be required;

4. An informal bid solicitation process for purchases and contracts in amount between $25,00 I and $74,999, which amounts shall be adjusted annually in
amount as set out herein;

5. The acquisition of the services of professional service providers in such a manner that specialized abilities and knowledge shall be considered in addition to quality and price and, if appropriate as determined by the City Manager, without the competitive processes set out herein;

6. Additional procedures and requirements to
fulfill the provisions of this Section and this Charter; and,

7. Such other matters as shall be determined to
be required by the City Council.

C. A ward of Contracts and Purchases. Award of
contracts and purchases shall be made to the lowest
responsible bidder or vendor meeting specifications,
except as provided herein and in the Purchasing and
Contracting Ordinance.

D. Sealed Competitive Bids. Sealed bids for
competitive purchases involving the expenditure of
$75,000 or more shall be secured, but this amount
and all dollar amounts set out in this Section shall be revised by the Council annually as part of the annual
budget by a revision factor determined by utilizing
published reliable indicators or indices of price
changes.

E. Waiver of Bids. Waiver of competitive bidding for purchase of non-competitive items and contracting for services is permitted in emergencies, for copyrighted and patented items and services, and for
professional or specialized services for which a writCHARTER ten finding is filed with the City Clerk regarding the
reason for such non-competitive, emergency or sole
source acquisition.

F. Proh ibitions. Splitting contracts or purchases
to avoid dollar limits is prohibited.

C-15
G. Rejections. The City Council may reject any
and all bids for any good or service.

H. Bid Bonds. A bid bond or cashiers check
shall be required for all sealed bids.

1. Public Notification. The City Manager shall
cause full public notification of all calls for sealed
bids by providing ten days notice through publications appropriate to the subject of the call for bids.

J. Public Works Determination. The Purchasing
and Contracting Ordinance shall set out a procedure
for determination of which public works or improvement projects are to be performed by City forces and which are to be let to contract.

K. Bidding and Wages. The City Council may
by ordinance or resolution adopt prevailing wage,
geographic boundaries and other guidelines and restrictions, including local bidding preference, governing public works and other City contracts.

Section 8.12 Miscellaneous Fiscal
Procedures.

A. By Ordinance. The City Council by ordinance shall provide for the following, and other appropriate and necessary fiscal and financial procedures, which procedures shall comply with State law unless the ordinance specifies otherwise:

B. Petty Cash. The creation, administration and
control of petty cash accounts;
C. Claims and Demands. The receipt and disposition of claims and demands against the City; D. Warrants and Checks. Issuance and redemption of warrants, if any, and checks drawn on the City treasury, and;
E. Actions. Legal actions against the City.

October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER

ARTICLE IX

TAXA TION, REVENUES AND DEBT
Section 9.01 Property Taxation.

A. Council Shall Not Levy. The City Council
shall not levy an ad valorem property tax for general
municipal purposes in excess of the maximum rate
applicable to the City on the effective date of this
Charter, provided, however, that an ad valorem property tax in excess thereof may be levied ifauthorized by the California Constitution, State law orthis Charter.

B. Separate Taxing Areas. The City Council
may establish by ordinance separate taxing areas
within the City for the levy of a tax in excess of any
rate, if authorized by the California Constitution or
State law by the affirmative vote of the requisite
number of voters within the area voting on a proposition to impose or to increase such levy.

C. Ad Valorem Levies. The City Council may
seek and the voters of the City may vote on a proposition to authorize or to increase ad valorem taxes provided such vote and such tax comply with all provisions of the California Constitution, State law or this Charter.

D. Procedure for Assessment. The procedure
and authority for the assessment, levy and collection
of taxes and assessments may be prescribed byordinance and, in the absence of such an ordinance, the procedure and authority applicable thereto shall be
that prescribed by State law.

Section 9.02 Tax Limit.

A. Vote Required. No City tax shall be imposed
or increased in rate by the City Council without an
affirming vote of a majority of the voters, except as
provided in this Section.

B. Adjustments to Tax Limit. The City Council
shall have the authority to impose and to increase
taxes without the affirming vote set out herein to
raise revenues to the level that City revenues existed
in fiscal year 1988-1989 but which, during or subsequent to such year, were removed from the City by action of the State or federal governments: provided,
(Lind,"y SUPI'. No.3, 2-07)
however, that should the State or federal governments reinstate such previous City revenues, then, to the extent of the reinstatement, City taxes shall be
reduced.

C. Adjustment for Mandates. No affirnling vote
as set out herein shall be required for any tax increase in amount sufficient to meet the official estimate of
cost for any State or federal mandate for which no
State or federal revenue or grant has been provided,
for which neither of a fee nor charge may be collected in amount adequate to meet the financial requirements of the mandate.

D. Adjustment for Inflation and Deflation. For
computational purposes of this Section, tax rates and
revenue amounts shall be adjusted annually, starting
with fiscal year] 988-1989, by the California Constitution Article XlII B and Proposition 111 annual percentage increase in appropriation limitation applicable to the City.

Section 9.03 Balanced Revenue System.

The City Council shall maintain a revenue structure adequate to meet City financial requirements for execution of the balanced programs determined by
the City Council necessary to carry out the duties,
obligations and mandates of this Charter, which
revenue structure shall be balanced equitably between taxes, fees, utility and enterprise charges, and assessments insofar as the City Council is legally
permitted, and comply with thejudicially-determined
requirements, definitions and intent of California
Constitution Articles XIII A and B.

C-J6
Section 9.04 Annual Review of Rates & Fees.

A. Annual Review of Costs. Annually and concurrently with, or at such time prior to the presentation of the annual budget as he/she shall determine, the City Manager each year shall present a report to
the City Council containing a comprehensive review
of the costs of all City services, utilities and enterprIses.

B. Consideration of Report. As part of the annual budget consideration, the City Council shall set such fees and rates as it shall determine appropriate
to recover the costs reasonably borne necessary to
October 24, 2023 Regular Meeting of the Lindsay City Council

provide each such service, utility and enterprise provided by the City, pursuant to the provisions of Article XlII B of the California Constitution.

C. Failure to Act. If the Council shall fail to act
as required in this Section, then such rates as are required to comply with this Section shall go into effect automatically at such time as is designated in the annual report of costs of services, utilities and enterprises for each individual service, utility and enterprise.

D. Repeal by Council. Prior to the adoption of
the annual budget the Council may by resolution specifically repeal any such automatic fee, rate or charge increases or decreases as would be caused by its inaction, provided, however, that such resolution shall contain adequate reasoning andjustification for such
repeal as is necessary to explain why such City service costs reasonably borne are not being met in full or are producing excess revenues over costs reasonably borne.

Section 9.05 Debt.

A. By Ordinance. The City by ordinance may
issue all manner of securities and incur all manner of
indebtedness.

B. General Obligation Debt Limit. Indebtedness
of the City as evidenced by issued general obligation
bonds shall at no time exceed ten percent of the assessed valuation of all property taxable by the City.

Section 9.06 Depositories and Investments.

A. By Ordinance. The City Manager shall recommend and the City Council shall provide by ordinance for the receipt and accounting of all revenues, monies and assets received by the City or any of its
agencies, authorities, corporations, utilities and enterprises, from any and all sources.

B. Written Investment Policy. The City Manager shall recommend and the City Council by resolution shall adopt a policy to govern the investment of all City monies, which policy shall include but not
be limited to the following:

I. Provision for the investment of all monies in
such a manner as to assure the preservation and safety
of principal and the integrity of record keeping;

CHARTER

2. Types of allowable investments;

3. Safekeeping of securities.

C. Compliance With State Law. The investment
of City monies at all times shall be in compliance
with all provisions of State law governing the receipt, processing, deposit, accounting, security and reporting of public monies. The City investment policy may be more conservative or restrictive than State
law, but in no manner shall the investment policy be
less restrictive.

C-17
D. Custody of Monies. The Financial Custody
and Investment Ordinance shall establish the City
department which shall have custody of all City monies and investments, which department shall deposit all monies and investments in such depository or depositories as may be designated by resolution of the Councilor, ifno such resolution be adopted, then in
such depository or depositories as may be designated
in writing by the City Manager.

E. Security of Deposits. The Ordinance, resolution and depository system shall provide for the regular deposit ofC ity monies and appropriate safeguards and systems to assure a minimum of risk, maximum
safety, and a high level of collateralized or federallyinsured security, without exception, for such City monies and securities held by any depository, agent
or agency.

F. Audit. A review of the City investment policy, procedures and security shall be made as a part of the annual audit, and the contracted audit firm
shall make appropriate observations and recommendations to the City Council.

ARTICLE X

ELECTIONS
Section 10.01 Election Procedures.

Unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the California Elections Code for the holding of
municipal elections, so far as the same are not in contlict with this Charter. (Lindsay Stipp. No.3, 2-07)
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER
Section 10.02 Special Elections.

The City Council may call special elections for
such purposes as the Council may prescribe. A special election may be held on any date specified by the Council.

Section 10.03 Initiative, Referendum and
Recall.

The electors of the City reserve to themselves the
powers of initiative and referendum and the recall of
elective officers, to be exercised in the manner prescribed by the California Constitution and State law.

ARTICLE XI

GENERAL PROVISIONS
Section 11.01 Conflicts of Interest.

A. Prohibition. The use of public office or employment for private gain is prohibited.

B. Implementation. The Council shall implement this Section by ordinance adopting and assuring compliance with the laws of the State of California
and the common law principles regarding such contlicts, which ordinance also shall prohibit, but not be limited to prohibiting those activities set out in this Section.

C. Appearances For Influence. Appearances by
or statements made to, or influence exercised by City
officials or employees to, before or to any City officer, department or employee, or any City agency, authority or corporation on behalf of private interests are prohibited.

D. Compensated Influence. A former Councilmember or City officer or employee may not be compensated in any way for attempting to influence
any action of the Councilor City for two years after
the end of service on the Councilor with the City.

E. Application and Interpretation. In interpreting this Section the general common law contlict of interest rule shall be applied, which rule strictly requires public officers and employees to avoid placing themselves in a position in which personal interest
may come into conflict with their duty to the public.

F. Violations. In addition to any fines or other
punishments for violations of confl ict of interest ordinance provisions or regulations issued thereunder promulgated under this Section or State law, any person convicted of a violation of this Section, or of any equivalent State law or regulation, shall be ineligible for a period of five years following such conviction
to hold any City office or employment and, if currently holding office or employment, shall be deemed to have automatically forfeited his or her office or
position of employment.

Section 11.02 Franchises.

A. Granting of Franchise. The City Council may
grant a franchise to any person, partnership, corporation or other legal entity capable of exercising the privilege conferred, whether operating under an existing franchise or not, and may prescribe the terms, conditions and limitations of such grant, including
the compensation to be paid to the City for such franchise grant.

B. Franchise Ordinance. The Council may prescribe by ordinance the method and procedure for granting franchises, together with additional terms
and conditions for making such grants.

C. Franchise Procedure. No person, partnership,
corporation or other legal entity shall furnish the City or its inhabitants or properties lying within the City
limits, or any portion of the City, with any service
which uses any portion of the public streets, ways,
easements, alleys, rights-of-way or places in the City
as the same may now exist or may hereafter exist, for
any purpose, without a City franchise secured under
the procedures set out hereunder, except insofar as
he/she or it may be entitled to do so by direct authority of the California Constitution, the Constitution or laws of the United States, or final decisions of courts of competent jurisdiction.

D. Limit. Nothing in this Section shall be construed to limit the ability of the City to seek, to accept and to grant easements for specific purposes over specific parcels of public property for limited
purposes.

E. Franchise Term. The tenn of the franchise
shall be determined by the City Council by ordi-
(LintiS<lY Supp, No, 'l, 2·()7) C-JS
October 24, 2023 Regular Meeting of the Lindsay City Council

nance. All franchises shall include a provision which
reserves to the City the right to take over at any time the works, plant and property constructed under the
franchise grant at their depreciated physical valuation and without compensation for franchise or goodwi 11.

F. Acquisition. No franchise shall in any way or
to any extent impair or affect the right of the City to acquire the property of the possessor thereof by purchase or exercise of the power of eminent domain, and nothing therein shall be construed to contract
away or to modifY or abridge, either for a term or for
perpetuity, the City's right of eminent domain with
respect to the property of the possessor of any franchise.

G. Franchise Condition. Every franchise granted
by the City is granted upon the condition, whether
expressed in the grant or not, that such franchise shall not be given any value before any court or other public authority or agency, in any administrative or judicial proceeding, in excess of any amount actually paid by the grantee to the City at the time of the franchise grant.

H. Resolution of Intent. Before granting any
franchise the City Council shall adopt a resolution declaring its intention to do so, stating the name of the proposed grantee, the character of the proposed franchise, and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix the
day, hour and place when and where any person having an interest in or objecting to the granting of such franchise may appear before the Council to be heard
thereon. Said resolution shall be published at least
once, not less than ten days prior to said hearing, in a newspaper of general circulation in the City or, ifthere is no newspaper of general circulation in the City, by
posting in three established public places.

I. Franchise Adoption. After hearing all persons desiring to be heard, the Council may deny or, by ordinance may grant the franchise on the terms
and conditions specified in the resolution.

Section 11.03 Violations.

A. Misdemeanor. A violation of any ordinance
of the City shall constitute a misdemeanor unless, by
ord inance, it is made an infraction.

CHARTER
B. Maximum Fine. The maximum fine or penalty for a misdemeanor or infraction shall be the same as established by the general laws, unless a
contrary intention is expressed in the City ordinance.

C. Enforcement. Yiolations of City ordinances
or of provisions of this Charter may be prosecuted in
the name of the People of the State of Cal iforn ia or
redressed by civil action.

D. Charter Compliance. Compliance with any
mandated duty prescribed in this Charter may be had
through civil action or, if appropriate, criminal proceedings.

C-J9
E. Yiolation of Charter. Notwithstanding the
criminal penalties provided for above, a Councilmember shall forfeit office pursuant to this Charter if a court of law has found that the Councilmember has
violated this Charter or any provision thereof, or wilfully has failed to carry out any provision of this Charter.

Section 11.04 Definitions.

Unless the provisions or the context otherwise requires, as used in this Charter:

A. "Shall" is mandatory and "may" is permissIve;
B. "City" is the City of Lindsay and "department", "commission", "agency", "committee", "board", "authority", "corporation", "division",
"program", "utility", "enterprise", "non-profit corporation", "officer", or "employee" is a department, commission, agency, committee, board, authority,
corporation, division, program, utility, enterprise,
non-profit corporation, officer, or employee, as the
case may be, of the City of Lindsay;
C. "Council" is the City Council of the City of
Lindsay;
D. "Councilmember" is a member of the City
Council of the City of Lindsay;
E. "Law" includes ordinance;
F. "State" is the State of California;
G. "Federal" is the government of the United
States of America;
H. "Yoter" shall be as defined by State law;
I. "He/she", "his/her", "he" and "she" shall be
interchangeable without regard to gender; and,
(Lindsay Supp. No.3, 2-(7)
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER
J. "Ad Valorem" shall mean "according to
value" as defined by State law.

ARTICLE XII

CHARTER AMENDMENT
Section 12.01 Charter Amendment.

Amendments to this Charter shall be approved by
a majority of the voters of the City at an election on a date as determined by the City Council.

Section 12.02 How Amended.

A. Amendments. Amendments to this Charter
may be framed and proposed in any manner provided
by law or by any of:

B. Council Ordinance. An ordinance of the City
Council containing the full text of the proposed
amendment;
e. Initiative. An initiative by the voters of the
City; or
D. Charter Commission. A report with specific
full text as prepared by a duly elected Charter Commission as created pursuant to State law.

Section 12.03 Amendment Election.

If a majority ofthe voters of the City voting on a
proposed Charter amendment vote in favor of such
amendment, the amendment shall become effective at
the time fixed in the amendment. but if no time is
therein fixed. at the time the approved amendment is
tiled with the California Secretary of State by the
City Clerk and chaptered by the Secretary of State.

The City Clerk shall file the results of a Charter
amendment election with the Secretary of State
within 30 days following the election.

ARTICLE XIII

TRANSITION AND SEVERABILITY
Section 13.01 Transition.

All City ordinances. resolutions, orders, rules and
regulations which are in force when this Charter becomes effective shall remain in effect until repealed, (Lindsay SUPI'. NO.5, 2-(7)
except to the extent that they are inconsistent, disagree in any respect with, or interfere with the effective operation of this Charter or of ordinances adopted pursuant thereto.

C-20
Section 13.02 Severability.

If any provision of this Charter is held to be invalid the other provisions of this Charter shall not be affected thereby. If the application of the Charter or
any of its provisions to any person or circumstance is
held invalid the application of this Charter and its
provisions or circumstances shall not be affected
thereby.

Section 13.03 Transition of Current Elected
Officials.

A. Existing City Council. At the time of the
adoption of this Charter Councilmembers then serving shall serve until the end of the term for which they have been elected, and until their successors
have been elected and qualified.

B. Elected City Clerk. The elected City Clerk
shall have the option of remaining in the elected position until the end of the currentterm for which he/she has been elected or at such time as the office shall be vacated, or of resigning from such elected position
and seeking the position of appointed City Clerk.
e. Elected City Treasurer. The elected City
Treasurer shall remain in the elected position until
the end of the current term for which he/she has been
elected or at such time as the office shall be vacated.

Section 13.04 Continuity of Laws, Officers
and Employees.

A. Continuation of Rights. The City shall continue to own, possess and control all rights and property of every kind and nature owned, possessed or controlled by it on the effective date of this Charter, and shall be subject to all its debts, obligations and
liabilities.

B. Continuation of Acts. All lawful ordinances,
resolutions, orders, rules and regulations in force on
the effective date of this Charter and not in contlict
or inconsistent with this Charter herewith are continued in force until repealed or amended.

October 24, 2023 Regular Meeting of the Lindsay City Council

C. Continuation of Officers and Employees.

The present officers ofthe City shall retain their respective offices and employment subject to the provisions of this Charter, and an employee holding a City position at the time th is Charter takes effect, who was serving in that same or a comparable position at the
time of its adoption, shall not be subject to any employee selection or evaluation process as a condition of continuance in the same position, but in all other
respects shall be subject to the Personnel Ordinance
provided for in Section 7.03 of this Charter.

D. Non-Interference With Court Orders. Nothing herein shall be construed to interfere with or to modify any order or decision of any court of competent jurisdiction provided, however, that this Charter shall in all respects supersede any such court order or decision which does not apply specifically to home
rule charter cities under the California Constitution or the United States Constitution.

E. Transfer of Powers. If a City department,
office or agency is abolished by this Charter, the
powers and duties given it by law shall be transferred

CHARTER
to the City department, office or agency designated
by this Charter or, if the Charter makes no provision,
designated by the City Council by ordinance.

F. Transfer of Property and Records. A II propEND
erty, records and equipment of any department, office
or agency existing when this Charter is adopted shall
be transferred to the department, office or agency
assuming its powers and duties but, in the event that
the powers or duties are to be discontinued or divided
between units, or in the event that any conflict arises regard ing a transfer, such property, records or
equipment shall be transferred to one or more departments, offices or agencies designated by the City Council.

G. Rights and Claims. All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue, except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by
the City department, office or agency appropriate
under this Charter.

PROPOSED AND SUBMITTED BY THE CITY COUNCIL

OF THE CITY OF LINDSAY, CALIFORNIA
Valeriano Saucedo, Mayor
Chair, Charter Commission
Ellen Hendricks, Councilmember
Member, Charter Commission
John Stava, Councilmember
Member, Charter Commission

FOR VOTER APPROV AL
on this 8th day of January, 1996
Cynthia Rios, Mayor Pro Tem
Vice Chair, Charter Commission
John Hill, Councilmember
Member, Charter Commission
C-21 (Lindsay Supp, No, 3,2-07)
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER
CITY OF LlNDSA Y

CITIZENS CHARTER ADVISORY COMMITTEE
Recommended to the Lindsay City Council and Lindsay Charter Commission for adoption and placement on the April 9, 1996 City Election ballot:

Vahnn Blue, Member Tom Elson, Member
Josie Figueroa, Member Janet Kliegl, Member
Herman Landers, Member Paul Leavens, Member
Ed Murray, Member Richard E. Pitcher, Member
Ben Rivas, Member Derrill Roberts, Member
Leonor Serna, Member Tom Spurlock, Member
Robert Tienken, Member
(Lindsay Snpp. No. :1. 2-07) C-22
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER

STAFF TO

LINDSAY CHARTER COMMISSION

LINDSAY CITIZENS CHARTER ADVISORY COMMITTEE
William Drennen, City Manager Bobbi Paul, City Clerk
Walter McCormick, City Attorney
Douglas W. Ayres Pamela S. Swift
Executive Director Deputy Executive Director and Secretary Lindsay Charter Commission
Lindsay Citizens Charter Advisory Committee
(Resolution calling election follows, when adopted)
C-23 (Lindsay StiPp. No.3, 2-07)
October 24, 2023 Regular Meeting of the Lindsay City Council

CHARTER INDEX
A
ACTING CITY MANAGER § 4.02

AMENDMENT
Amendment election § 12.03
Charter amendment § 12.0 I
Howamended § 12.02
B

BOARDS, COMMISSIONS AND COMMITTEES
§ 7.04
BOUNDARlES § 1.02
BUDGET
Adoption of budget § 8.05
Annual budget § 8.03
Budget amendments after adoption § 8.06
Capital program and budget § 8.09
City council review of budget § 8.04
Financial systems § 8.0 I
Lapse of appropriations § 8.08
Miscellaneous fiscal procedures § 8.12
Overexpenditures prohibited § 8.07
Public documents § 8.10
Purchasing and contracting § 8.1 I
Submission of budget and budget message § 8.02
C
CAPITAL PROGRAM AND BUDGET § 8.09

CITY ATTORNEY
Duties of city attorney § 6.02
Office of city attorney § 6.01
Special counsel § 6.03

CITY CLERK
Duties of city clerk § 5.02
Office of city clerk § 5.0 I

CITY COUNCIL
See MAYOR AND CITY COUNCIL

CITY MANAGER
Acting city manager § 4.02
City manager appointment § 4.0 I
Powers and duties of city manager § 4.03

CITY OBLIGATIONS
Powers, duties and obligations of the city
See POWERS, DUTIES AND OBLIGATIONS

OF THE CITY

COMMISSIONS, BOARDS AND COMMITTEES
§ 7.04
CONFLICTS OF INTEREST § I 1.0 I

CONTINUITY OF LA WS, OFFICERS AND
EMPLOYEES § 13.04
D
DEFINITIONS § 11.04
DEPARTMENT HEADS § 7.02
DEPARTMENTS § 7.01
E

ELECTIONS
Election procedures § 10.0 I
Initiative, referendum and recall § 10.03
Special elections § 10.02
CIX-J
F

FINANCIAL PROCEDURES
Adoption of budget § 8.05
Annual budget § 8.03
Budget amendments after adoption § 8.06
(Lindsay SUI'!'. No J.2·()7)
October 24, 2023 Regular Meeting of the Lindsay City Council

FINANCIAL PROCEDURES
Capital program and budget § 8.09
City council review of budget § 8.04
Financial systems § 8.01
Lapse of appropriations § 8.08
Miscellaneous fiscal procedures § 8.12
Overexpenditures prohibited § 8.07
Public documents § 8.10
Purchasing and contracting § 8.1 I
Submission of budget and budget message § 8.02
FORM OF GOVERNMENT § 1.03
FRANCHISES § 11.02
G

GENERAL MUNICIPAL POWERS
Duties and obligations ofthe city council § 2.06
General law powers § 2.02
Intergovernmental powers § 2.04
Liberal interpretation § 2.05
Municipal affairs § 2.03
Powers of the city § 2.0 I
M

MA YOR AND CITY COUNCIL
Actions requiring an ordinance § 3.08
City council § 3.0 I
Compensation and expenses § 3.05
Council procedure § 3.07
Emergency ordinances § 3.10
Filling of council vacancies § 3.04
Independent audit § 3.15
Judge of qualifications § 3.02
Mayor § 3.12
Mayor pro tern § 3.13
Ordinance authentication, recording and codes
§ 3.11
Ordinances in general § 3.09
Powers and duties of the city council § 3.06
Prohibitions on city council § 3.14
Vacancies and forfeiture of office § 3.03
(Linds.1Y Supp. No.3. 2-07)
N
NAME § 1.01
P
PERSONNEL SYSTEM § 7.03

PURCHASING AND CONTRACTING
Budget § 8.11
R

REVENUE
Taxation, revenues and debt
See TAXATION, REVENUES AND DEBT
SEVERABILlTY § 13.02

SPECIAL COUNSEL
City attorney § 6.03
S
T

TAXATION, REVENUES AND DEBT
Annual review of rates and fees § 9.04
Balanced revenue system § 9.03
Debt § 9.05
Depositories and investments § 9.06
Property taxation § 9.0 I
Tax limit § 9.02
TRANSITION § 13.01

TRANSITION OF CURRENT ELECTED OFFICIALS
§ 13.03
V
VIOLATIONS § 11.03
CIX-2
October 24, 2023 Regular Meeting of the Lindsay City Council

SUPPLEMENT NO.3

INSERTION GUIDE

LINDSAY MUNICIPAL CODE
February, 2007
(Covering Ordinances through 522)
This supplement consists of reprinted pages replacing existing pages in the Lindsay Municipal Code.

Remove pages listed in the column headed "Remove Pages" and in their places insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be retained as a permanent record of pages supplemented and should be inserted in the front of the code.

Remove Pages Insert Pages
Preface ............................................................................................... Preface Table of Contents ............................................................. Table of Contents

CHARTER
--- ............................................................................................. C-I--C-23

CHARTER INDEX
--- ...................................................................................... CJX-I-CIX-2

STATUTORY REFERENCES
533-537 ................................................................................... 533-537 October 24, 2023 Regular Meeting of the Lindsay City Council

LINDSAY CITY COUNCIL

REGULAR MEETING AGENDA

MINUTES
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on October 10, 2023, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087. Those who would like to make a public comment during the public comment portion of the agenda may do so by utilizing the raise hand feature or indicating they would like to make a comment in the chat.

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

1. CALL TO ORDER

2. PLEDGE
Led by Council Member SANCHEZ.

3. ROLL CALL
Present Mayor Cerros
Mayor Pro Tem Flores
Council Member Sanchez
Absent 1Council Member Serna
2Council Member Caudillo

4. APPROVAL OF AGENDA
Motion to Approve Agenda with Item 10.2 Pushed to Next Regular Meeting of October 24, 2023 1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (3-0) ABSENT AYE ABSENT AYE AYE

5. PUBLIC COMMENT
The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be

1 Absent with Notice
2 Absent with Notice
October 24, 2023 Regular Meeting of the Lindsay City Council

limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via email. Public comments received via email will be distributed to the Council prior to the start of the meeting and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time. • No public comment received in person or via teleconference.

6. COUNCIL REPORT
• Council Member SANCHEZ wished SRO Valdovinos good luck on her upcoming boxing match. • Mayor Pro Tem FLORES had no report.
• Mayor CERROS reported that he attended the celebration at Chaparritos in Lindsay which is now under new ownership. CERROS also attended the Latino Caucus Gala in Los Angeles and thanked Senator Melissa Hurtado for the invitation, he very much enjoyed networking at this event.

CERROS met with the President of Madera Community College regarding his University project.

CERROS also presented before Council Member SERNA’s High School Civics Club.

7. CITY MANAGER REPORT
• CITY MANAGER shared that the City submitted an application under the Clean CA Grant Program for Harvard Park but was unfortunately denied. The City will continue to look for additional funding sources.
• CITY MANAGER invited everyone to the Public Safety Breast Cancer Bingo happening October 25, 2023 at 6:00 PM at the Wellness Center.
• CITY MANAGER informed that the new Public Safety Vehicles have arrived, this means an entire new fleet for the department. Old cars are being used for training and prevention services. • CITY MANAGER shared that the department of Public Safety conducted a very successful neighborhood watch meeting last week and another is in the works for Lindsay apartments. • CITY MANAGER invited everyone to the Floating Pumpkin Patch happening October 26, 2023, at 6:00 PM at the Wellness Center.

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

8.1 Minutes from September 26, 2023 Regular Meeting (pp. 4 – 9)

8.2 Warrant List for September 18, 2023 through October 01, 2023 (pp. 10 – 15)

8.3 Treasurer’s Report for September 2023 (p. 16)

8.4 Consider Minute Order Approval of Amendments and Revisions to the City Lindsay Personnel Rules and Regulations (pp. 17 – 139)

8.5 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 October 24, 2023 Regular Meeting of the Lindsay City Council

Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 140 – 168)

8.6 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 (pp. 169 – 171)
Motion to Approve Consent Calendar
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS FLORES (3-0) ABSENT AYE ABSENT AYE AYE

9. ACTION ITEMS

9.1 Consider Approval of the City Hall Clock Chime Unit Project and Budget and Expenditures Thereto (pp. 172 – 180)
Presented by Neyba Amezcua, Director of City Services & Planning Motion to Approve Item 9.1
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS FLORES (3-0) ABSENT AYE ABSENT AYE AYE

9.2 Special Event Permit (SEP) No. 23-08 (pp. 181 – 214) 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 (pp. 181 – 214)
Motion to Approve Item 9.2A
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
SANCHEZ FLORES (3-0) ABSENT AYE ABSENT AYE AYE
B. Consider Approval of Fee Waiver for Special Event Permit (SEP) No. 23-08 (pp. 181 – 214)
Presented by Araceli Mejia, Assistant City Planner
Motion to Approve Item 9.2B
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
October 24, 2023 Regular Meeting of the Lindsay City Council

FLORES CERROS (3-0) ABSENT AYE ABSENT AYE AYE

9.3 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 (pp. 215 – 220)
Presented by Neyba Amezcua, Director of City Services & Planning Motion to Approve Item 9.3
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (3-0) ABSENT AYE ABSENT AYE AYE

10. EXECUTIVE (CLOSED) SESSION

10.1 Conference with Real Property Negotiators Pursuant to Cal Gov. Code § 54956.8 Property: 108 West Honolulu Street, Lindsay, California 93247 (APN 205-271-001) Agency Negotiator: Joseph M. Tanner, City of Lindsay
Negotiating Parties: Woodlake Holdings LLC
Under Negotiation: Terms and Conditions of Potential Sale

10.2 Public Employee Performance Evaluation – City Manager Pursuant to Cal Gov. Code § 54957(b)(1)
• No reportable action out of closed session.

11. REQUEST FOR FUTURE ITEMS
Council requests for future agenda items, can be called for by any Councilmember during the ‘Request for Future Items’ section of a regular meeting. Immediately following the request of an item, a vote will be taken on the item. If a majority of the City Council supports further study of the item, then a full staff analysis will be prepared within a reasonable time as determined by the City Manager unless otherwise directed by a majority of the City Council.

Discussion shall be limited to whether an item should be added to an agenda, not the merit of the item.

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

The next Regular Meeting of the Lindsay City Council is scheduled to be held on October 24, 2023.

October 24, 2023 Regular Meeting of the Lindsay City Council

• Mayor adjourned the meeting at 6:53 PM.

October 24, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY | WARRANT LIST 10/15/2023
TRANSACTION DATES: 10/02/2023 THROUGH 10/15/2023
Check# Fund Date Vendor # Vendor Name Description Amount 24605 $366.62
101 - GENERAL FUND 10/06/23 4660 CITY OF LINDSAY DED:052 WELLNESS 16.62 101 - GENERAL FUND 10/06/23 4660 CITY OF LINDSAY DED:CDBG CDBG PMT 350.00 24606 $485.72
101 - GENERAL FUND 10/06/23 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 485.72 24607 $293.48
101 - GENERAL FUND 10/06/23 3192 SEIU LOCAL 521 DED:COPE COPE SEIU 1.00 101 - GENERAL FUND 10/06/23 3192 SEIU LOCAL 521 DED:DUES UNION DUES 292.48 24608 $8,713.06
101 - GENERAL FUND 10/06/23 6452 GREAT-WEST TRUST DED:0500 DEF COMP 3,024.76 101 - GENERAL FUND 10/06/23 6452 GREAT-WEST TRUST DED:0555 DC LOANPAY 1,628.56 101 - GENERAL FUND 10/06/23 6452 GREAT-WEST TRUST DED:151 DEFERCOMP 3,511.05 101 - GENERAL FUND 10/06/23 6452 GREAT-WEST TRUST DED:ROTH ROTH 548.69 24609 $41.58
101 - GENERAL FUND 10/06/23 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 41.58 24610 $89.97
101 - GENERAL FUND 10/06/23 6246 MCDERMONT VENTURE I DED:051 MCDERMONT 89.97 24611 $471.24
101 - GENERAL FUND 10/06/23 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 471.24 24612 $300.00
101 - GENERAL FUND 10/06/23 6604 HIPOLITO CERROS OCT. COUNCIL STIPEND 300.00 24613 $250.00
101 - GENERAL FUND 10/06/23 6602 RAMIRO SERNA OCT. COUNCIL STIPEND 250.00 24614 $250.00
101 - GENERAL FUND 10/06/23 6603 RAMONA CAUDILLO OCT. COUNCIL STIPEND 250.00 24615 $250.00
101 - GENERAL FUND 10/06/23 5511 ROSAENA SANCHEZ OCT. COUNCIL STIPEND 250.00 24616 $275.00
101 - GENERAL FUND 10/06/23 4068 YOLANDA FLORES OCT. COUNCIL STIPEND 275.00 24617 $1,661.76
101 - GENERAL FUND 10/11/23 2873 ADVANTAGE ANSWERING 10/1/23-10/31/23 176.11 101 - GENERAL FUND 10/11/23 2873 ADVANTAGE ANSWERING 9/1/23-9/31/23 156.25 101 - GENERAL FUND 10/11/23 2873 ADVANTAGE ANSWERING 10/1/23-10/31/23 176.11 101 - GENERAL FUND 10/11/23 2873 ADVANTAGE ANSWERING 9/1/23-9/31/23 156.25 552 - WATER 10/11/23 2873 ADVANTAGE ANSWERING 10/1/23-10/31/23 176.11 552 - WATER 10/11/23 2873 ADVANTAGE ANSWERING 9/1/23-9/31/23 156.25 553 - SEWER 10/11/23 2873 ADVANTAGE ANSWERING 10/1/23-10/31/23 176.10 553 - SEWER 10/11/23 2873 ADVANTAGE ANSWERING 9/1/23-9/31/23 156.24 554 - REFUSE 10/11/23 2873 ADVANTAGE ANSWERING 10/1/23-10/31/23 176.10 554 - REFUSE 10/11/23 2873 ADVANTAGE ANSWERING 9/1/23-9/31/23 156.24 24618 $9.50
101 - GENERAL FUND 10/11/23 6362 AMERICAN BUSINESS FINANCE CHARGE 9.50 24619 $200.00
400 - WELLNESS CENTER 10/11/23 6950 ANA CARRETERO SEP. ZUMBA CLASSES 200.00 24620 $250.00
400 - WELLNESS CENTER 10/11/23 6097 ANGELICA BERMUDEZ AUG&SEP ZUMBA CLASS 250.00 24621 $250.00
400 - WELLNESS CENTER 10/11/23 5819 ANITA GUTIERREZ SEP. ZUMBA CLASSES 250.00 24622 $197.00
101 - GENERAL FUND 10/11/23 7111 BELMAN BROS TIRES NEW TIRES-TRAILER 197.00 24623 $5,734.63
552 - WATER 10/11/23 051 BSK DRINKING WATER TEST 3,969.63 553 - SEWER 10/11/23 051 BSK WASTE WATER TESTING 1,271.25 556 - VITA-PAKT 10/11/23 051 BSK VITA-PAKT WASTE WAT 493.75 October 24, 2023 Regular Meeting of the Lindsay City Council

24624 $2,250.00
101 - GENERAL FUND 10/11/23 6689 BUILDING MAINTENANC SEP. CLEANING SERVI 321.42 101 - GENERAL FUND 10/11/23 6689 BUILDING MAINTENANC SEP. CLEANING SERVI 321.43 101 - GENERAL FUND 10/11/23 6689 BUILDING MAINTENANC SEP. CLEANING SERVI 321.43 101 - GENERAL FUND 10/11/23 6689 BUILDING MAINTENANC SEP. CLEANING SERVI 321.43 552 - WATER 10/11/23 6689 BUILDING MAINTENANC SEP. CLEANING SERVI 321.43 553 - SEWER 10/11/23 6689 BUILDING MAINTENANC SEP. CLEANING SERVI 321.43 554 - REFUSE 10/11/23 6689 BUILDING MAINTENANC SEP. CLEANING SERVI 321.43 24625 $349.00
101 - GENERAL FUND 10/11/23 5013 BUZZ KILL PEST CONT 150 N MIRAGE #CL150 133.00 101 - GENERAL FUND 10/11/23 5013 BUZZ KILL PEST CONT 157 N MIGARE 33.00 400 - WELLNESS CENTER 10/11/23 5013 BUZZ KILL PEST CONT W.C. 860 SEQUOIA 87.00 886 - SAMOA 10/11/23 5013 BUZZ KILL PEST CONT SAMOA TOWN HOMES 43.00 887 - SWEETBRIER TOWNHOUSES 10/11/23 5013 BUZZ KILL PEST CONT HERMOSA TOWN HOMES 53.00 24626 $5,350.00
888 - PARKSIDE 10/11/23 2052 CADENA CONSTRUCTION REPLACE SIDEWALK-LL 3,510.00 889 - SIERRA VISTA ASSESSMENT 10/11/23 2052 CADENA CONSTRUCTION BENCH CONCRETE PADS 1,840.00 24627 $108.00
101 - GENERAL FUND 10/11/23 1979 CALIFORNIA BUILDING JUL-SEP 2023 SB1473 120.00 101 - GENERAL FUND 10/11/23 1979 CALIFORNIA BUILDING JUL-SEP 2023 SB1473 (12.00) 24628 $4,800.00
261 - GAS TAX FUND 10/11/23 1702 SCA OF CA, LLC SEP. STREET SWEEPING 4,800.00 24630 $1,642.77
101 - GENERAL FUND 10/11/23 5832 CINTAS CORPORATION RFL PAPER,SCRAPER M 17.48 101 - GENERAL FUND 10/11/23 5832 CINTAS CORPORATION UNIFORMS,CHEM.,SOAP 42.52 101 - GENERAL FUND 10/11/23 5832 CINTAS CORPORATION UNIFORMS,ZFOLD PAPE 44.60 101 - GENERAL FUND 10/11/23 5832 CINTAS CORPORATION RFL PAPER,SCRAPER M 17.48 101 - GENERAL FUND 10/11/23 5832 CINTAS CORPORATION UNIFORMS,CHEM.,SOAP 42.52 101 - GENERAL FUND 10/11/23 5832 CINTAS CORPORATION UNIFORMS,ZFOLD PAPE 44.60 101 - GENERAL FUND 10/11/23 5832 CINTAS CORPORATION RFL PAPER,SCRAPER M 17.48 101 - GENERAL FUND 10/11/23 5832 CINTAS CORPORATION UNIFORMS,CHEM.,SOAP 42.52 101 - GENERAL FUND 10/11/23 5832 CINTAS CORPORATION UNIFORMS,ZFOLD PAPE 44.60 552 - WATER 10/11/23 5832 CINTAS CORPORATION BOOTS FOR BRUNO A. 245.31 552 - WATER 10/11/23 5832 CINTAS CORPORATION BOOTS FOR HERACLIO 245.31 552 - WATER 10/11/23 5832 CINTAS CORPORATION BOOTS FOR JOSE V. 223.56 552 - WATER 10/11/23 5832 CINTAS CORPORATION RFL PAPER,SCRAPER M 17.48 552 - WATER 10/11/23 5832 CINTAS CORPORATION UNIFORMS,CHEM.,SOAP 42.52 552 - WATER 10/11/23 5832 CINTAS CORPORATION UNIFORMS,ZFOLD PAPE 44.60 553 - SEWER 10/11/23 5832 CINTAS CORPORATION BOOTS FOR JUAN G. 196.38 553 - SEWER 10/11/23 5832 CINTAS CORPORATION RFL PAPER,SCRAPER M 17.49 553 - SEWER 10/11/23 5832 CINTAS CORPORATION UNIFORMS,CHEM.,SOAP 42.52 553 - SEWER 10/11/23 5832 CINTAS CORPORATION UNIFORMS,ZFOLD PAPE 44.60 554 - REFUSE 10/11/23 5832 CINTAS CORPORATION RFL PAPER,SCRAPER M 17.49 554 - REFUSE 10/11/23 5832 CINTAS CORPORATION UNIFORMS,CHEM.,SOAP 42.52 554 - REFUSE 10/11/23 5832 CINTAS CORPORATION UNIFORMS,ZFOLD PAPE 44.60 556 - VITA-PAKT 10/11/23 5832 CINTAS CORPORATION RFL PAPER,SCRAPER M 17.49 556 - VITA-PAKT 10/11/23 5832 CINTAS CORPORATION UNIFORMS,CHEM.,SOAP 42.51 556 - VITA-PAKT 10/11/23 5832 CINTAS CORPORATION UNIFORMS,ZFOLD PAPE 44.59 24631 $1,564.90
101 - GENERAL FUND 10/11/23 6506 CITY OF VISALIA FY23/24 HAZ MAT SHARE 1,564.90 24632 $4,800.00
101 - GENERAL FUND 10/11/23 6963 CIVICPLUS LLC MUNICODE MEETINGS R 4,800.00 24633 $1,422.29
101 - GENERAL FUND 10/11/23 6672 COLBY'S TIRE,TOWING LIC#1400809 NEW TIRE 1,422.29 24634 $85.20
101 - GENERAL FUND 10/11/23 2319 COMPUTER SYSTEMS PL 9/1/23-9/9/23 85.20 24635 $25.00
600 - CAPITAL IMPROVEMENT 10/11/23 091 CONSOLIDATED TESTIN VALENCIA&LINDA VIST 25.00 October 24, 2023 Regular Meeting of the Lindsay City Council

24636 $204.38
101 - GENERAL FUND 10/11/23 102 CULLIGAN HR-#53249 SEPTEMBER 17.75 101 - GENERAL FUND 10/11/23 102 CULLIGAN CM-#53249 SEPTEMBER 10.50 101 - GENERAL FUND 10/11/23 102 CULLIGAN FD-#53249 SEPTEMBER 43.50 101 - GENERAL FUND 10/11/23 102 CULLIGAN #156018 150 N MIRAG 23.63 400 - WELLNESS CENTER 10/11/23 102 CULLIGAN WC-#178442 860 SEQU 23.50 553 - SEWER 10/11/23 102 CULLIGAN #3301 23611 RD 196 85.50 24637 $850.00
552 - WATER 10/11/23 6118 CVIN LLC D.B.A. VAS 10/1/23-10/31/23 INTERNET 283.34 553 - SEWER 10/11/23 6118 CVIN LLC D.B.A. VAS 10/1/23-10/31/23 INTERNET 283.33 554 - REFUSE 10/11/23 6118 CVIN LLC D.B.A. VAS 10/1/23-10/31/23 INTERNET 283.33 24638 $280.09
101 - GENERAL FUND 10/11/23 111 DEPT OF CONSERVATION JUL-SEP SEISMIC COM 94.81 101 - GENERAL FUND 10/11/23 111 DEPT OF CONSERVATION JUL-SEP SEISMIC RES 200.03 101 - GENERAL FUND 10/11/23 111 DEPT OF CONSERVATION JULY-SEP 2023 SEISM (14.75) 24639 $925.00
101 - GENERAL FUND 10/11/23 316 DEPT OF JUSTICE AUGUST 2023 /FINGER PRINT 288.00 101 - GENERAL FUND 10/11/23 316 DEPT OF JUSTICE AUGUST 2023/ LIVE SCANS 637.00 24640 $174.04
781 - CAL HOME RLF 10/11/23 2540 DEPT.OF HOUSING & C CALHOME9/30/23 TO HCD 174.04 24641 $716.11
700 - CDBG REVOLVING LN FUND 10/11/23 2540 DEPT.OF HOUSING & C CDBG 9/30/23 TO HCD 716.11 24642 $57,152.60
720 - HOME REVOLVING LN FUND 10/11/23 2540 DEPT.OF HOUSING & C HOME 9/30/23 TO HCD 57,152.60 24643 $31.54
552 - WATER 10/11/23 119 DOUG DELEO WELDING CUTOFF WHEELS 31.54 24644 $10,142.85
552 - WATER 10/11/23 6113 EAST KAWEAH GSA FY2023 #4 CFF GOVER 10,142.85 24645 $180.00
400 - WELLNESS CENTER 10/11/23 7157 EG FARMING TRUST PUMPKINS 180.00 24646 $225.00
400 - WELLNESS CENTER 10/11/23 6973 ELIZABETH GUND SEP. RESET&REWIND Y 225.00 24647 $6,501.50
101 - GENERAL FUND 10/11/23 5803 EMD NETWORKING SERV SECURED MICROSOFT36 6,501.50 24648 $5,331.00
101 - GENERAL FUND 10/11/23 7161 EVELIA & RICARDO AL REFUND-ZONE CHANGE 5,331.00 24649 $541.56
400 - WELLNESS CENTER 10/11/23 4807 FITGUARD INC. QTRLY MAINT VISIT&R 541.56 24650 $3,396.42
552 - WATER 10/11/23 137 FRIANT WATER AUTHOR FKC ROUTINE OM&R CO 2,215.00 552 - WATER 10/11/23 137 FRIANT WATER AUTHOR SLDMWA EXCHANGE COS 1,181.42 24651 $138.47
101 - GENERAL FUND 10/11/23 1925 FRUIT GROWERS SUPPL EARPLUGS 64.01 101 - GENERAL FUND 10/11/23 1925 FRUIT GROWERS SUPPL FILTER AIR STIHL 56.69 101 - GENERAL FUND 10/11/23 1925 FRUIT GROWERS SUPPL REWIND SPRING 17.77 24652 $402.93
101 - GENERAL FUND 10/11/23 148 GOMEZ AUTO & SMOG LIC#1405963 BATTERY 402.93 24653 $308.09
101 - GENERAL FUND 10/11/23 151 GRAINGER INC BATTERY & CHARGER 308.09 24654 $7,653.82
101 - GENERAL FUND 10/11/23 5647 GRISWOLD,LASALLE,CO #22752.002 CITY SER 1,350.00 101 - GENERAL FUND 10/11/23 5647 GRISWOLD,LASALLE,CO #22752.003-COUNCIL 2,409.17 101 - GENERAL FUND 10/11/23 5647 GRISWOLD,LASALLE,CO #22752.005 POLICE D 770.41 101 - GENERAL FUND 10/11/23 5647 GRISWOLD,LASALLE,CO #22752.006 CITY CLE 787.50 101 - GENERAL FUND 10/11/23 5647 GRISWOLD,LASALLE,CO #22752.007 CITY MAN 1,256.25 101 - GENERAL FUND 10/11/23 5647 GRISWOLD,LASALLE,CO #22752.012 PLANNING 1,080.49 24655 $22.63
552 - WATER 10/11/23 7160 IBARRA YANELI REFUND-CLOSED UB AC 22.63 24656 $2,160.00
553 - SEWER 10/11/23 180 INGRAM EQUIPMENT CO FLYGT PUMP-EL RANCH 1,080.00 553 - SEWER 10/11/23 180 INGRAM EQUIPMENT CO FLYGT PUMP-TONYVILL 1,080.00 October 24, 2023 Regular Meeting of the Lindsay City Council

24657 $425.00
101 - GENERAL FUND 10/11/23 6346 JEFF PFEIFFER OCT. SQUIRREL TREAT 425.00 24658 $100.00
552 - WATER 10/11/23 5335 JUAN GOMEZ MEAL STIPEND 100.00 24659 $21.97
552 - WATER 10/11/23 7159 LEMUS KAREN & JOSE REFUND-CLOSED UB ACCOUNT 21.97 24660 $1,193.12
400 - WELLNESS CENTER 10/11/23 5788 LINCOLN AQUATICS LIQUID CHLORINE 1,193.12 24661 $1,288.16
101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUG.-ANIMAL CONTROL 40.23 101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-PUBLIC SAFET 26.38 101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-PUBLIC SAFET 21.01 101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-PUBLIC SAFET 13.04 101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-PUBLIC SAFET 17.39 101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-BUILDING 184.75 101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-CITY SERVICE 86.39 101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-CITY YARD 45.66 101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-GRAFFITI 42.37 101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-STREETS 60.83 101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-LANDSCAPING 176.10 101 - GENERAL FUND 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-PARKS 103.34 400 - WELLNESS CENTER 10/11/23 1422 LINDSAY TRUE VALUE AUG.-WELLNESS CENTE 128.63 552 - WATER 10/11/23 1422 LINDSAY TRUE VALUE AUGUST-WATER 342.04 24662 $5.47
552 - WATER 10/11/23 7158 LONGORIA STACY REFUND-CLOSED UB AC 5.47 24663 $1,800.00
400 - WELLNESS CENTER 10/11/23 6260 LLEON SERVICES OCT. CHEMICAL BALANCE 1,800.00 24664 $150.00
400 - WELLNESS CENTER 10/11/23 6599 MARIA EDWARDS SEP. ZUMBA CLASSES 150.00 24665 $837.04
101 - GENERAL FUND 10/11/23 6550 MARIO SAGREDO ELECT HR-ELECTRICAL WORK 510.85 101 - GENERAL FUND 10/11/23 6550 MARIO SAGREDO ELECT CITY HALL CLOCK-REP 326.19 24666 $150.00
400 - WELLNESS CENTER 10/11/23 6807 MARISOL DIAZ VELASQ SEP. SPIN,POUND,CYC 150.00 24667 $500.00
101 - GENERAL FUND 10/11/23 5964 MARY VALENTI, PH.D. PREEMPLOYMENT EVAL. 500.00 24668 $1,819.04
552 - WATER 10/11/23 6423 MCCROMETER METER REPAIR PROGRA 1,819.04 24669 $345.00
600 - CAPITAL IMPROVEMENT 10/11/23 6639 MOORE IACOFANO GOLT OLIVE BOWL AAS#1 345.00 24670 $529.16
101 - GENERAL FUND 10/11/23 5625 NGLIC-SUPERIOR VISI OCT. 2023 VISION PL 529.16 24671 $13.95
101 - GENERAL FUND 10/11/23 1565 OACYS.COM INC DOMAIN PARKING & DN 13.95 24672 $924.56
552 - WATER 10/11/23 6673 PACE SUPPLY CORP BOX CONCRETE 12*22 309.50 552 - WATER 10/11/23 6673 PACE SUPPLY CORP BOX CONCRETE TRAFFI 186.78 552 - WATER 10/11/23 6673 PACE SUPPLY CORP BUTTERFLY VALVE R&W 428.28 24673 $4,726.64
552 - WATER 10/11/23 6498 PACWEST DIRECT 9/7/23 DELINQUENT B 279.65 552 - WATER 10/11/23 6498 PACWEST DIRECT 9/7/23 UB BILLS 831.08 552 - WATER 10/11/23 6498 PACWEST DIRECT TURBIDITY NOTICE 2,505.17 553 - SEWER 10/11/23 6498 PACWEST DIRECT 9/7/23 DELINQUENT B 279.66 553 - SEWER 10/11/23 6498 PACWEST DIRECT 9/7/23 UB BILLS 831.08 24674 $1,427.22
101 - GENERAL FUND 10/11/23 276 PORTERVILLE RECORDE 23/24 BUDGET-AD2419 142.43 101 - GENERAL FUND 10/11/23 276 PORTERVILLE RECORDE CUP#23-03 AD#241973 132.33 101 - GENERAL FUND 10/11/23 276 PORTERVILLE RECORDE ORD#611-AD#247123 153.73 101 - GENERAL FUND 10/11/23 276 PORTERVILLE RECORDE ORD#613-AD#247138 180.16 101 - GENERAL FUND 10/11/23 276 PORTERVILLE RECORDE PARK BIDS-AD#249434 538.05 101 - GENERAL FUND 10/11/23 276 PORTERVILLE RECORDE TPM#23-02 AD#242019 150.46 101 - GENERAL FUND 10/11/23 276 PORTERVILLE RECORDE TSP-AD#247097 130.06 October 24, 2023 Regular Meeting of the Lindsay City Council

24675 $12,372.00
552 - WATER 10/11/23 4618 PROVOST & PRITCHARD AUD-WATER LOSS AUDI 50.00 552 - WATER 10/11/23 4618 PROVOST & PRITCHARD AUG.-ENGINEER REPOR 8,983.60 552 - WATER 10/11/23 4618 PROVOST & PRITCHARD AUGUST-WSCP 2,122.50 552 - WATER 10/11/23 4618 PROVOST & PRITCHARD CORROSION CONTROL 334.40 552 - WATER 10/11/23 4618 PROVOST & PRITCHARD WAV-LEVEL 1 WATER L 50.00 556 - VITA-PAKT 10/11/23 4618 PROVOST & PRITCHARD VITA-PAKT CONSULTIN 831.50 24676 $17,017.80
101 - GENERAL FUND 10/11/23 399 QUAD KNOPF,INC. 928 FRESNO ST TPM/F 1,297.30 101 - GENERAL FUND 10/11/23 399 QUAD KNOPF,INC. GEN PLANNING SERVIC 213.00 101 - GENERAL FUND 10/11/23 399 QUAD KNOPF,INC. O'HARA SUBDIVISION 2,418.10 101 - GENERAL FUND 10/11/23 399 QUAD KNOPF,INC. O'HARA TENTATIVE PA 71.00 101 - GENERAL FUND 10/11/23 399 QUAD KNOPF,INC. TRAVEL CENTER CUP&T 4,061.20 101 - GENERAL FUND 10/11/23 399 QUAD KNOPF,INC. FINAL SUBDIVISION M 1,484.50 101 - GENERAL FUND 10/11/23 399 QUAD KNOPF,INC. GEN ENGINEERING SVC 562.10 101 - GENERAL FUND 10/11/23 399 QUAD KNOPF,INC. JOSE MENCHACA TPM 1,090.20 263 - TRANSPORTATION 10/11/23 399 QUAD KNOPF,INC. TRANSIT CENTER-MT V 961.40 600 - CAPITAL IMPROVEMENT 10/11/23 399 QUAD KNOPF,INC. DESIGN SUPPORT-LIND 683.00 600 - CAPITAL IMPROVEMENT 10/11/23 399 QUAD KNOPF,INC. STAKING-LINDA VISTA 4,176.00 24677 $423.18
101 - GENERAL FUND 10/11/23 285 QUILL CORPORATION SOAP & COPY PAPER 46.47 101 - GENERAL FUND 10/11/23 285 QUILL CORPORATION SHARPIE,LABELS,PENS 210.21 101 - GENERAL FUND 10/11/23 285 QUILL CORPORATION SOAP & COPY PAPER 46.48 101 - GENERAL FUND 10/11/23 285 QUILL CORPORATION BINDERS 31.53 101 - GENERAL FUND 10/11/23 285 QUILL CORPORATION DESKTOP PAPER HOLDE 25.87 101 - GENERAL FUND 10/11/23 285 QUILL CORPORATION WIRELESS COMBO,FOLD 62.62 24678 $680.00
101 - GENERAL FUND 10/11/23 3622 RLH FIRE PROTECTION OCT-DEC. MONITORING 680.00 24679 $75.00
101 - GENERAL FUND 10/11/23 6637 ROSARIO ALVARADO RO ARBOR DEPOSIT REFUND 75.00 24680 $100.00
101 - GENERAL FUND 10/11/23 7055 SANDY GONZALEZ ARBOR DEPOSIT REFUND 100.00 24681 $74.33
101 - GENERAL FUND 10/11/23 298 SAVE MART SUPERMARK DRINKS FOR MEETINGS 74.33 24682 $2,712.00
101 - GENERAL FUND 10/11/23 7143 SEQUOIA HEALTH CARE AUGUST 2023 CLAIMS 2,712.00 24683 $545.43
261 - GAS TAX FUND 10/11/23 3054 SHERWIN-WILLIAMS CO TRAFFIC MARKING PAINT 545.43 24684 $9,455.83
552 - WATER 10/11/23 4555 THATCHER COMPANY IN 2023250112206-CHLOR 10,955.83 552 - WATER 10/11/23 4555 THATCHER COMPANY IN 2023250903678-CYL D (1,500.00) 24685 $1,902.48
553 - SEWER 10/11/23 307 SILVAS OIL COMPANY RED DIESEL #2 1,902.48 24686 $398.49
101 - GENERAL FUND 10/11/23 1776 SMART & FINAL FD APPRECIATION LUN 398.49 24687 $51,657.35
101 - GENERAL FUND 10/11/23 310 SOUTHERN CA. EDISON 600001505934-LATE F 283.37 101 - GENERAL FUND 10/11/23 310 SOUTHERN CA. EDISON 700141289638-LATE F 12.24 101 - GENERAL FUND 10/11/23 310 SOUTHERN CA. EDISON 600001505934 2,839.68 101 - GENERAL FUND 10/11/23 310 SOUTHERN CA. EDISON 600001505934 4,117.53 101 - GENERAL FUND 10/11/23 310 SOUTHERN CA. EDISON 600001505934 41.60 101 - GENERAL FUND 10/11/23 310 SOUTHERN CA. EDISON 600001505934 1,543.90 261 - GAS TAX FUND 10/11/23 310 SOUTHERN CA. EDISON 600001505934 6,235.53 552 - WATER 10/11/23 310 SOUTHERN CA. EDISON 600001505934 30,135.31 553 - SEWER 10/11/23 310 SOUTHERN CA. EDISON 600001505934 547.77 553 - SEWER 10/11/23 310 SOUTHERN CA. EDISON WWTP-23611 RD 196 4,263.43 556 - VITA-PAKT 10/11/23 310 SOUTHERN CA. EDISON 600001505934 310.60 883 - SIERRA VIEW ASSESSMENT 10/11/23 310 SOUTHERN CA. EDISON 600001505934 285.09 884 - HERITAGE ASSESSMENT DIST 10/11/23 310 SOUTHERN CA. EDISON 600001505934 110.52 886 - SAMOA 10/11/23 310 SOUTHERN CA. EDISON 600001505934 13.84 887 - SWEETBRIER TOWNHOUSES 10/11/23 310 SOUTHERN CA. EDISON 600001505934 24.99 888 - PARKSIDE 10/11/23 310 SOUTHERN CA. EDISON 600001505934 94.81 889 - SIERRA VISTA ASSESSMENT 10/11/23 310 SOUTHERN CA. EDISON 600001505934 204.11 890 - MAPLE VALLEY ASSESSMENT 10/11/23 310 SOUTHERN CA. EDISON 600001505934 100.53 891 - PELOUS RANCH 10/11/23 310 SOUTHERN CA. EDISON 600001505934 492.50 October 24, 2023 Regular Meeting of the Lindsay City Council

24688 $63.21
101 - GENERAL FUND 10/11/23 6551 CHARTER COMMUNICATI 106076601091423 63.21 24689 $4,506.34
101 - GENERAL FUND 10/11/23 6146 SUPERION, LLC INVOICE#5/12 1,126.58 552 - WATER 10/11/23 6146 SUPERION, LLC INVOICE#5/12 1,126.59 553 - SEWER 10/11/23 6146 SUPERION, LLC INVOICE#5/12 1,126.59 554 - REFUSE 10/11/23 6146 SUPERION, LLC INVOICE#5/12 1,126.58 24690 $166.00
552 - WATER 10/11/23 1183 SWRCB ENFORCEMENT ACTIVIT 166.00 24691 $13,105.54
101 - GENERAL FUND 10/11/23 518 TCAG MEASURE R JULY 2023 13,105.54 24692 $13,105.54
101 - GENERAL FUND 10/11/23 518 TCAG MEASURE R OCT. 2023 13,105.54 24693 $1,628.25
400 - WELLNESS CENTER 10/11/23 7156 JESSE TORRES RODRIG BAND-FOOD TRUCK TAK 1,628.25 24694 $1,334.17
101 - GENERAL FUND 10/11/23 144 THE GAS COMPANY 185 N GALE HILL 19.06 101 - GENERAL FUND 10/11/23 144 THE GAS COMPANY 140 N MIRAGE 34.50 101 - GENERAL FUND 10/11/23 144 THE GAS COMPANY 139 N SWEETBRIAR BB 19.06 400 - WELLNESS CENTER 10/11/23 144 THE GAS COMPANY 740 SEQUOIA POOL 1,206.14 400 - WELLNESS CENTER 10/11/23 144 THE GAS COMPANY 740 SEQUOIA-BLDG 55.41 24695 $732.36
101 - GENERAL FUND 10/11/23 7162 TRUCK GEAR BY LINE- SPRAY-IN BEDLINER 732.36 24696 $45.57
101 - GENERAL FUND 10/11/23 3152 TUL.CO.JAIL IND.ENG CLEAR ACRYLIC AWARD 28.21 101 - GENERAL FUND 10/11/23 3152 TUL.CO.JAIL IND.ENG ENGRAVED PLASTIC SI 17.36 24697 $5,504.92
101 - GENERAL FUND 10/11/23 5747 USA STAFFING INC. 10/1/23 HR-ARTESIA 571.12 101 - GENERAL FUND 10/11/23 5747 USA STAFFING INC. 9/17/23 HR-ARTESIA 514.08 101 - GENERAL FUND 10/11/23 5747 USA STAFFING INC. 9/24/23 HR-ARTESIA 556.92 101 - GENERAL FUND 10/11/23 5747 USA STAFFING INC. 9/24/23 FD-MARIA M. 223.20 101 - GENERAL FUND 10/11/23 5747 USA STAFFING INC. 9/17/23 PS-DANA G. 892.80 101 - GENERAL FUND 10/11/23 5747 USA STAFFING INC. 9/24/23 PS-DANA G. 892.80 101 - GENERAL FUND 10/11/23 5747 USA STAFFING INC. 10/1/23 CS-SYDNEY M 201.60 101 - GENERAL FUND 10/11/23 5747 USA STAFFING INC. 9/24/23 CS-SYDNEY M 982.80 552 - WATER 10/11/23 5747 USA STAFFING INC. 9/24/23 FD-MARIA M. 223.20 553 - SEWER 10/11/23 5747 USA STAFFING INC. 9/24/23 FD-MARIA M. 223.20 554 - REFUSE 10/11/23 5747 USA STAFFING INC. 9/24/23 FD-MARIA M. 223.20 24698 $83.60
553 - SEWER 10/11/23 356 USA BLUEBOOK FILTER PAPER 83.60 24699 $75.00
400 - WELLNESS CENTER 10/11/23 5912 YVETTE DURAN SEPTEMBER POUND CLASS 75.00 EDD106 $4,458.44
101 - GENERAL FUND 10/10/23 687 STATE OF CALIFORNIA EDD PR PD 10/06/23 4,458.44 IMP930 $6,754.00
779 - 00-HOME-0487 10/03/23 2784 CITY OF LINDSAY - IMPOUND REIMB JULY-SEPT2023 6,754.00 IRS106 $36,739.65
101 - GENERAL FUND 10/10/23 2011 INTERNAL REVENUE SE 941 PR PD 10/06/23 12,216.67 101 - GENERAL FUND 10/10/23 2011 INTERNAL REVENUE SE 941 PR PD 10/06/23 24,522.98 PPA923 $1,448.03
101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 26330 CTPD PPA SEIU 483.18 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 26330 MBPD PPA SEIU 466.89 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 433 CTPD PPA SEIU 256.22 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 433 MBPD PPA SEIU 134.29 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE PPA R HEINKS 29.17 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE PPA R HEINKS 78.28 PPA923 $265.77
101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE PPA CANNON,AVINA,QU 97.33 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE PPA CANNON,AVINA,QU 168.44 SRV923 $37,829.61
101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 25354 CTPD 9/03-9/1 3,970.91 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 25354 MBPD 9/03-9/1 864.21 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 25355 MBPD 9/03-9/1 3,168.25 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 26330 CTPD 9/03-9/1 2,634.32 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 26330 MBPD 9/03-9/1 2,658.32 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 433 CTPD 9/03-9/16 7,481.56 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 433 MBPD 9/03-9/16 3,678.64 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 434 CTPD 9/03-9/16 9,783.00 101 - GENERAL FUND 10/02/23 457 PUBLIC EMPLOYEES RE 434 MBPD 9/03-9/16 3,590.40 October 24, 2023 Regular Meeting of the Lindsay City Council

SUMMARY BY FUNDING SOURCE
101 - GENERAL FUND 186,916.89
261 - GAS TAX FUND 11,580.96
263 - TRANSPORTATION 961.40
400 - WELLNESS CENTER 8,143.61
552 - WATER 78,795.39
553 - SEWER 14,012.65
554 - REFUSE 2,391.49
556 - VITA-PAK
T 1,740.44
600 - CAPITAL IMPROVEMENT 5,229.00
700 - CDBG REVOLVING LN FUND 716.11
720 - HOME REVOLVING LN FUND 57,152.60
779 - 00-HOME-0487 6,754.00
781 - CAL HOME RLF 174.04
883 - SIERRA VIEW ASSESSMENT 285.09
884 - HERITAGE ASSESSMENT DIST 110.52
886 - SAMO
A 56.84
887 - SWEETBRIER TOWNHOUSES 77.99
888 - PARKSIDE 3,604.81
889 - SIERRA VISTA ASSESSMENT 2,044.11
890 - MAPLE VALLEY ASSESSMEN
T 100.53
891 - PELOUS RANCH 492.50
TOTAL $ 381,340.97
October 24, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT

TO: Lindsay City Council
FROM: Edna Hubbard, Engineer Technician
DEPARTMENT:

ITEM NO.:

City Services & Planning

11.3 MEETING DATE: October 24, 2023

ACTION & RECOMMENDATION
Consider Minute Order Acceptance of the Downtown Lindsay Demolition and Cleanup Project as Complete and Grant City Staff Authorization to File a Notice of Completion with the County of Tulare Recorder.

Staff recommends that the City Council accept the Downtown Lindsay Demolition and Cleanup Project as complete and direct City Staff to file a “Notice of Completion” with the County Recorder. The 1-year warranty period will begin upon recordation.

BACKGROUND | ANALYSIS
The City Council approved Resource Environmental, Inc. as the selected contract for the Downtown Lindsay Demolition and Cleanup Project on July 11, 2023. Resource Environmental, Inc. was issued the Notice to Proceed on August 03, 2023.

The project was completed per project contract and specifications on October 16, 2023. There were no delays and no change orders that were issued.

Financial Report:

Project Budget: $250,000.00
Contract Amount: $247,000.00
The project was under budget by $3,000.00.

FISCAL IMPACT
$247,000.00 in expenditures sourced from the AMERICAN RESCUE PLAN ACT (ARPA) FUND.

ATTACHMENT
• Notice of Completion
October 24, 2023 Regular Meeting of the Lindsay City Council

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Lindsay
City Clerk
P.O. Box 369
Lindsay, CA 93247
_______________________________________________________________________________________________________ (Downtown Lindsay Demolition and Cleanup Project) Space above this line for Recorder’s Use

NOTICE OF COMPLETION
Notice Pursuant to Civil Code Section 3093 must be filed within 10 days after completion.

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below on the property being herein described:

2. The full name of the owner is: City of Lindsay

3. The full address of the owner is: 251 E. Honolulu
Lindsay, CA 93247

4. The nature of the interest or estate of the owner is “IN FEE” (If other than fee, strike “In Fee” and insert, for example “purchaser under contract of purchase, “or “lessee”)

5. The full names & addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common, are

NAMES ADDRESSES
_______________________________________________________________________________________________________ _______________________________________________________________________________________________________

6. Work improvement on the property hereinafter described was completed on October 16, 2023. The Work done included the demolition of the remaining structures from a fire located at 100 E. Honolulu Street & 122 E. Honolulu Street in Lindsay, CA.

7. The name of the Contractor, if any, for such work or improvement was Resource Environmental, Inc.

8. The property on which said improvement was completed is in the City of LINDSAY, County of TULARE, State of California, and is described as follows: Downtown Lindsay Demolition and Cleanup Project

9. The address of said property is 100 E. Honolulu Street, Lindsay, CA 93247 & 122 E. Honolulu Street, Lindsay, CA 93247 Dated: ____________________ _____________________________________ Verification for Individual Owner
Signature of owner or corporate officer of
owner named in paragraph 2 or his agent

VERIFICATION
I, the undersigned, say: I am the “CITY CLERK” the declarant of the foregoing Notice of Completion; I have read said (“President of”, “Manager of”, “A Partner of”, etc.)
Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on at Lindsay, California.
(Date of signature) (City where signed)
______________________________________________
(Personal signature of the individual who is swearing
that the contents of the notice of completion are true.) October 24, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 11.4
MEETING DATE: October 24, 2023

ACTION & RECOMMENDATION
Consider the Approval of Resolution No. 23-41, A Resolution of the City Council of the City of Lindsay, California Declaring the Properties at 284 East Hermosa Street (APN 205-261-014) and 116 South Elmwood Avenue (APNs 205-236-022 and 205-236-023), both in Lindsay California 93247 to be Surplus Property.

City staff recommends that the City Council pass and adopt Resolution No. 23-41, so that Staff may begin the Surplus Property declaration process in accordance with California State Law.

BACKGROUND | ANALYSIS
City Staff has received the direction to declare properties in the Lindsay downtown area as surplus property. City Staff thus brings forward a resolution to declare the City-owned properties located at 284 East Hermosa Street and 116 South Elmwood Avenue both in Lindsay California 93247 to be declared as Surplus Property.

Therefore, City Staff has begun the process to declare the land as surplus property. A summary of said process is outlined below.
• Lindsay City Council adopts a Resolution declaring the properties surplus. • City prepares Notices of Availability (NOA) under Surplus Land Act and submits the NOAs to eligible government agencies and housing sponsors. More than one hundred entities will receive the NOAs.
• If none of the notified parties respond to the NOA within sixty (60) days of distribution, the City may negotiate with private parties for the sale of the properties. • If one of the notified parties expresses interest in one of the properties, the City is obligated to negotiate in good faith up to ninety (90) days with that party. • Prior to execution of one or more Purchase & Sale Agreements (PSAs) for the properties, the City must submit required information, including copies of draft PSAs, to Housing and Community Development (HCD) for review and approval. HCD will have thirty (30) days to respond. • The City may execute the PSAs once HCD approves the sales. • Prior to the close of escrow, an Affordability Covenant must be recorded against each of the properties to satisfy SLA requirements. The Covenant will state that if more than ten residential units are developed, not less than fifteen percent of the units must be sold or rented at affordable October 24, 2023 Regular Meeting of the Lindsay City Council

housing costs. The Covenant is required regardless of how the properties are zoned and whether ten units may be developed on each of the properties.

FISCAL IMPACT
No fiscal impact associated with this action at this time.

ATTACHMENTS
• Resolution No. 23-41 with Exhibits
October 24, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-41

NUMBER 23-41
TITLE

MEETING

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY, CALIFORNIA DECLARING THE PROPERTIES AT 284 EAST
HERMOSA STREET (APN 205-261-014) AND 116 SOUTH ELMWOOD
AVENUE (APNS 205-236-022 AND 205-236-023), BOTH IN LINDSAY CALIFORNIA 93247 TO BE SURPLUS PROPERTY
At a regularly scheduled meeting of the City of Lindsay City Council held on October 24, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City of Lindsay (“City”) owns the properties located at 284 East Hermosa Street (APN 205-261-014) and 116 South Elmwood Avenue (APNs 205-236-022 and 205-236-023), both in Lindsay California 93247 (“Properties”); and
WHEREAS, the legal description of the property located at 284 East Hermosa Street (APN 205- 261-014) is attached hereto as Exhibit “A”, the legal description of the property located at 116 South Elmwood Avenue (APNs 205-236-022 and 205-236-023) is attached hereto as Exhibit “B”, which are incorporated herein by reference; and
WHEREAS, the Properties are currently vacant and do not currently serve a purpose for the public.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lindsay hereby declares the Properties to be surplus.

RESOLVED FURTHER, the City Manager or their designee are hereby authorized and directed to send a written offer (“Surplus Property Notice”) to sell or lease the Property to those public agencies identified in Government Code Section 54222.

RESOLVED FURTHER, the City Manager or their designee shall, in accordance with surplus property provisions of the Government Code, negotiate the terms of sale or lease of the Property with any public agency that responds to the Surplus Property Notice and expresses an interest in the properties.

RESOLVED FURTHER, if no agency or entity that receives the Surplus Property Notice desires to purchase or lease the Properties or if the City is unable to successfully negotiate a sale or lease with an interested agency or entity, the City Manager or their designee is hereby authorized and directed to negotiate the sale of the Properties to one or more private parties.

RESOLVED FURTHER, the City Manager or their designee are directed to provide the Council, for its review and approval, those terms that the City Manager or their designee negotiates in accordance with this Resolution.

October 24, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-41

RESOLVED FURTHER, the Properties will not be sold or leased until applicable terms are approved by the City Council.

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

MEETING DATE October 24, 2023
MOTION

SECOND MOTION
AYES
ABSENT

ABSTAIN
NAYS

CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.

FRANCESCA QUINTANA HIPOLITO A. CERROS

CITY CLERK MAYOR
October 24, 2023 Regular Meeting of the Lindsay City Council

Exhibit “A”
Legal Description of Property Located at 284 East Hermosa Street Lindsay, California (APN 205-261-014)
The East 75 feet of Lots 1, 2 and 3 in Block 9, in the City of Lindsay, County of Tulare, State of California, as per Map Recorded in Book 17 Page 57 of Maps, Tulare County Records.

October 24, 2023 Regular Meeting of the Lindsay City Council

Exhibit “B”
Legal Description of Property Located at 116 South Elmwood Avenue Lindsay, California (APNs 205-236-022 and 205-236-023)
Lots 23 through 26 of Block 16 of the Map of the Town of Lindsay Recorded in Volume 2, Page 91, dated March 1889, being a portion of Section 7, T-20-S, R-27-E, M.D.M., in the City of Lindsay, County of Tulare, State of California
October 24, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 11.5
MEETING DATE: October 24, 2023

ACTION & RECOMMENDATION
Consider Minute Order Authorization to Enter Into an Agreement with VL Friday Night Market for Services Regarding the Friday Night Market and Granting City Manager Authorization to Execute Any Documents Thereto.

Staff recommends that the City Council authorize the City to enter into a new agreement with VL Friday Night Market based on the direction provided by the City Council as well as the success of the Friday Night Market under the current operator.

BACKGROUND | ANALYSIS
On February 28, 2022, an agreement between the City of Lindsay and VL Friday Night Market (attached to this report) for operations of the Friday Night Market was executed. On February 14, 2023, Addendum No.1 (attached to this report) was executed and extended the term of the agreement for an additional year.

At the April 11, 2023, City Council meeting, the City Council directed the City to negotiate a new contract with the existing operator, VL Friday Night Market.

The City of Lindsay has enjoyed a highly successful collaboration with VL Friday Night Market, witnessing numerous positive outcomes and benefits. Therefore, Staff recommends the City continue its partnership with VL Friday Night Market for another year commencing on March 01, 2024, and concluding on November 15, 2024.

This new agreement will reflect 1) a new flat rate of $3,000 per market session, 2) a revised market boundary map that accurately defines the designated area of operation for VL Friday Night, and 3) amends the date in which a Final Report from the market operator must be distributed to the City Manager and City Council to be the first regular meeting in December or as soon thereafter.

October 24, 2023 Regular Meeting of the Lindsay City Council

FISCAL IMPACT
There is no direct cost to the City. Under the contract with the new operator, VL Friday Night Market, the City would receive a flat rate of $3,000 per market session deposited into 101-GENERAL FUND.

ATTACHMENTS
• Executed Agreement Between the City and VL Friday Night Market • Executed Addendum No.1 to Agreement Between the City and VL Friday Night Market • Draft Agreement Between the City of Lindsay and VL Friday Night Market for Services Regarding the Friday Night Market
October 24, 2023 Regular Meeting of the Lindsay City Council

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

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

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

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

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

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

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

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

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

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

Page I of9
October 24, 2023 Regular Meeting of the Lindsay City Council

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

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

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

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

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

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

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

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

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

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

October 24, 2023 Regular Meeting of the Lindsay City Council

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

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

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

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

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

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

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

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

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

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

II. TERM OF AGREEMENT
The term of the Agreement shall commence on the effective date and continue for a period of one ( 1) year from the date of the first Market, and subject to extension if circumstances necessitate it and Parties agree to it in writing.

October 24, 2023 Regular Meeting of the Lindsay City Council

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

IV. REVENUE SHARE
V.

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

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

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

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

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

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

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

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

October 24, 2023 Regular Meeting of the Lindsay City Council

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

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

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

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

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

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

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

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

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

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

October 24, 2023 Regular Meeting of the Lindsay City Council

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

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

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

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

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

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

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

October 24, 2023 Regular Meeting of the Lindsay City Council

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

XI. ATTORNEYS' FEES
XII.

XIII.

XIV.

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

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

ENTIRE AGREEMENT; ETC.

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

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

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

October 24, 2023 Regular Meeting of the Lindsay City Council

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

October 24, 2023 Regular Meeting of the Lindsay City Council

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

City Clerk
APPROVED AS TO FORM:

City Attorney
CITY OF LINDSAY:

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

VL Friday Night Market
1121 Maple Ave.

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

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

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

SERVICES REGARDING THE FRIDAY NIGHT MARKET
This Agreement is made and entered into as of the ____ day of _______________, 2023 (the “Effective Date”) by and between the CITY OF LINDSAY, a municipal corporation (the “City”) and the VL FRIDAY NIGHT MARKET, a private company (the “Market Operator”), duly organized and existing under and by virtue of the laws of the State of California This Agreement shall be effective as of the date set above and shall be for a period of one (1) year from the date of the first Market of the season. The City and Market Operator shall constitute the parties.

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

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

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

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

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

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

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

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

October 24, 2023 Regular Meeting of the Lindsay City Council

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

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

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

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

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

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

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

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

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

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

October 24, 2023 Regular Meeting of the Lindsay City Council

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

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

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

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

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

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

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

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

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

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

II. TERM OF AGREEMENT
The term of the Agreement shall commence on the effective date and continue for a period of one (1) year from the date of the first Market, and subject to extension if circumstances necessitate it and Parties agree to it in writing.

October 24, 2023 Regular Meeting of the Lindsay City Council

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

IV. REVENUE SHARE
Market Operator shall pay the City a flat rate of three thousand dollars ($3,000.00) per Market session.

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

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

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

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

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

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

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

October 24, 2023 Regular Meeting of the Lindsay City Council

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

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

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

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

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

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

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

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

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

October 24, 2023 Regular Meeting of the Lindsay City Council

All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

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

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

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

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

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

X. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to its choice of law provisions). If any legal action is necessary to enforce or interpret this Agreement, the Parties agree that such action shall be brought in the October 24, 2023 Regular Meeting of the Lindsay City Council

Superior Court for the State of California, County of Tulare, or the U.S. District Court for the Central District of California, Western Division. The Parties hereby submit to the exclusive jurisdiction of such courts and waive any other venue to which either Party might be entitled by domicile or otherwise.

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

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

XIII. ENTIRE AGREEMENT; ETC.

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

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

XIV. COUNTERPARTS; AUTHORITY TO SIGN
This Agreement may be executed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signature pages of this Agreement transmitted by facsimile or sent by email in portable document format October 24, 2023 Regular Meeting of the Lindsay City Council

(PDF) will have the same legal effect as an original executed signature page. Each of the persons signing on behalf of a Party hereto represents that they have the right and power to execute this Agreement on such Party’s behalf.
**SEE FOLLOWING PAGE FOR SIGNATURES**
October 24, 2023 Regular Meeting of the Lindsay City Council

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in their behalf.

CITY OF LINDSAY:

City of Lindsay
251 E. Honolulu St.

Lindsay, CA 93247
By:______________________________________
Joseph Tanner, City Manager
___________________________________
City Clerk
VL FRIDAY NIGHT MARKET:

VL Friday Night Market
1121 Maple Ave.

Lindsay, CA 932147
By:______________________________________
Virginia Loya, Lead Entity of VL Friday Night Market
APPROVED AS TO FORM:
_____________________________________
City Attorney
October 24, 2023 Regular Meeting of the Lindsay City Council

Legend
Market Boundaries
Northern Portion of Street
Public Parking Lot
Friday Night Market
Boundaries
W. Honolulu St.

W. Samoa St.

W. Hermosa St. E. Hermosa St.

E. Honolulu St.

S. Mirage Ave.

Downtown Fire Site
Allowed Uses:
• Market eating &
seating area
• Market vendor space
• No heavy vehicles
allowed
October 24, 2023 Regular Meeting of the Lindsay City Council

“Friday Night Market Boundaries” exhibit map agreed and accepted respective to I. Scope of Services Section A of the Agreement Between the City of Lindsay and VL Friday Night Market for Services Regarding the Friday Night Market
City of Lindsay:

City of Lindsay
251 E. Honolulu St
Lindsay, CA 93247
By: ___________________________________
Joseph M. Tanner, City Manager
Date: ___________________________________
VL Friday Night Market:

VL Friday Night Market
1121 Maple Ave.

Lindsay, CA, 93247
By: ________________________________
Virgina Loya, Lead Entity of
VL Friday Night Market
Date: _______________________________
October 24, 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

12.1 MEETING DATE: October 24, 2023

ACTION & RECOMMENDATION
First Reading of Ordinance No. 613, An Ordinance of the City Council of the City of Lindsay Approving a Development Agreement Between the City of Lindsay and NFDI LLC, a Nevada Limited Liability Company, and Alta Vista Holdings, LLC, a California Limited Liability Company (Collectively “Developer”), Governing the Planned Unit Development (PUD) No. 23-01, O’Hara’s Ranch Subdivision and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only.

Based on the analysis of the project, City Staff recommends that the City Council approve the housing development agreement for the O’Hara’s Ranch Subdivision project, subject to the conditions and mitigations outlined within the agreement.

BACKGROUND | ANALYSIS
This staff report provides a comprehensive analysis and recommendation for the approval of a housing development agreement for the O’Hara’s Ranch Subdivision proposed by NFDI LLC and ALTA VISTA HOLDINGS, LLC. The project is located at 791 W. Tulare Rd, Lindsay CA. APN’s: 201-170-010, 201- 180-013, and 199-050-017 and encompasses the construction of 145 Planned Unit Development residential homes on a 27.12-acre property.

Development agreements are vital tools for guiding and managing development projects within the City.

They allow for a structured process of negotiation between the City and developers, ensuring that projects align with community needs, regulations, and goals.

The O’Hara’s Ranch project has been under review for the past year, and it complies with the City's Comprehensive Plan and zoning regulations. The developer, NFDI LLC and Alta Vista Holdings, LLC, have demonstrated a commitment to sustainable and responsible development in our community.

Therefore, it was agreed that in addition to the improvements required to facilitate the Project, the Developer will contribute to the costs of the City Water Facilities. This is an agreed upon fee as a contribution to our water system. The water facility payment is set on the development agreement for $1,500 per lot, payable at the time of the Final Map recordation for each phase based on the number of lots contained in the Final Map for such phase. Payment for all lots within a phase will be due in full at the time of Final Map recordation for that phase.

October 24, 2023 Regular Meeting of the Lindsay City Council

The housing development proposal aligns with the City's strategic goals of increasing housing stock to address our growing population. It adheres to the zoning regulations for residential development in this area and demonstrates a well-thought-out site plan that integrates with the existing neighborhood.

The project complies with all local, state, and federal laws, including the zoning code, environmental regulations, and building codes.

FISCAL IMPACT
Development Agreement fee revenues would be $8,338.00 sourced into the 101-GENERAL FUND.

Water Facility Payment fee revenues of $1,500 per lot will also be collected and sourced into the WATER FUND.

ATTACHMENTS
• Development Agreement Draft
• Resolution 23-14
• Newspaper Notice of Public Hearing 613
• Ordinance No. 613
October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 1 OF 17

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY OF LINDSAY
CITY CLERK’S OFFICE
PO BOX 369
LINDSAY, CA 93247
(Space Above This Line Reserved For Recorder's Use)

DEVELOPMENTAGREEMENT
NO. 23-01 BY AND BETWEEN

CITY OF LINDSAY
AND

NFDI LLC AND ALTA VISTA HOLDINGS II, LLC
AND
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of , 2023 by and between NFDI LLC, a Nevada Limited Liability Company, and Alta Vista Holdings II, LLC, a California limited liability company, (collectively “Developer”), and the City of Lindsay, (“City”), pursuant to California Government Code § 65864, et seq. There are no other parties to this Agreement

RECITALS
A. Statutory Authority. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California has enacted California Government Code§ 65864, et seq. (the “Development Agreement Statute”), which authorizes the City to enter into an agreement with any persons and entities having a legal or equitable interest in real property regarding the development of such property, to provide for the development of such property and establish certain development rights therein.

B. Pursuant to the Development Agreement Statute, the City Council has adopted rules and regulations for considering and processing development agreements that are set forth in City Resolution 23-18. This Agreement has been processed, considered and executed in accordance with the procedures and requirements as set forth in the Development Agreement Statute and City Resolution 23-18.

C. Developer represents that, as of the recordation of this Agreement, it will have the legal or equitable interest to land consisting of approximately twenty-seven and 12/100 (27.12) gross acres, as shown on the attached map attached hereto as Exhibit A, and legally described in Exhibit B (the “Property”).

D. In addition to this Agreement and consolidated conditions of approval attached and incorporated hereto as Exhibit C (“Conditions of Approval”) the Property is subject to subject to the following land use plans and entitlements (“Project Approvals”)
October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 2 OF 17

1. On May 9, 2023, the City Council adopted Resolution No. 23-14, approving Tentative Subdivision Map Tract 6250 and Planned Unit Development No. 2023-01 and related conditions of approval, which set forth the infrastructure obligation and conditions related to the development and build out of 145 residential lots on 27.12 acres.

2. On May 9, 2023, the City Council adopted Resolution No. 23-14, approved an Initial Study/Mitigated Negative Declaration in connection with the approval of the Tentative Subdivision Map Tract 6250 and Planned Unit Development No. 2023-01.

E. Developer proposes to develop the Property into one hundred forty-five (145) residential lots and related public improvements, including streets, sidewalks, street lights and utilities, see Exhibit A and B.

The final subdivision map will provide dedications for all public improvements in conformance with the provisions of this Agreement, Conditions of Approval, Project Approvals, and Subsequent approvals (defined below).

F. Subject to the approval of this Agreement, City and Developer understand that additional land use approvals, entitlement and permits may be necessary to implement the Project. The Subsequent Approvals will include, but may not be limited to, a Subdivision Improvement Agreement and a Reimbursement Agreement.

G. In addition to the improvements required to facilitate the Project, the Developer also agrees to contribute to the costs of the City Water Facilities in accordance with the terms of this Agreement.

H. The City finds that the development of the Project in accordance with this Agreement, the Project Approvals, and Subsequent Approvals will provide for orderly growth within the City consistent with the goals, policies and provision of the General Plan.

I. In exchange for these benefits to the City, together with the public benefits that will result from the development of the Project pursuant to the Conditions of Approval, Project Approvals and Subsequent Approvals, Developer seeks assurance that it may procced with the Development of the Project in accordance with the terms and conditions of this Agreement.

J. Vesting of rights in exchange for the benefits to City described in the preceding Recitals, together with the other public benefits that will result from the development of the Project, Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with all applicable laws, and may in the future apply for and obtain subsequent approvals consistent with this Agreement, and therefore desires to enter into this Agreement. The Project is vested with the right to develop the Property consistently with the General Plan and Zoning Code at the time of Project Approval. Per Section 6.B. of the City Resolution 23-18, regulations governing permitted uses of land, density, design, improvement and construction standards and specifications applicable to development of the Property are the regulations in force at the time of the execution of this Agreement. This Agreement shall not, however, prevent the City from applying new rules, regulations, and policies which do not conflict with the terms of this Agreement, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, or policies. Also, in accordance with Section 6.C. of City Resolution 23-18, if changes in federal or state laws or regulations, which are enacted after execution of this Agreement, prevent or preclude compliance with one (1) or more provisions of this Agreement, such provisions shall be modified or suspended as necessary to comply with such federal or state laws or regulations.

K. Consistency with General Plan and Zoning Code. The City after conducting all duly noticed public October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 3 OF 17
hearings, has found that this Agreement is consistent with the General Plan and Zoning Code.

AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1. DEFINITIONS
Section 1.01. “Agreement” means this Development Agreement entered into by and between the City and Developer related to the development know as O’Hara Ranch Tentative Subdivision Tract 6250.

Section 1.02 “City” shall mean the City of Lindsay, a California municipal corporation.

Section 1.03 “City Council” shall mean the City Council of the City of Lindsay.

Section 1.04 “City Code” shall mean the Lindsay Municipal Code.

Section 1.05. “City Manager” shall mean the City Manager of the City of Lindsay.

Section 1.06. “Conditions of Approval” shall mean the consolidated conditions of approval for the Project, attached and incorporated hereto as Exhibit __ in connection with Resolution No. 23.14.

Section 1.07. “Project Approvals” shall mean the Tentative Subdivision Map approval, the Planned Unit Development approval, and the Final Map Approval.

Section 1.08. “Subsequent Approvals” shall mean all future entitlements sought by Developer, or their successors/transferees in interest that are required for the Project’s development.

Section 1.09. Other Miscellaneous Terms. For the purposes of this Agreement, the singular shall include the plural; the masculine gender shall include the feminine; “shall” or “will” are mandatory; “may” is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several.

ARTICLE 2. EFFECTIVE DATE
Section 2.01. Effective Date. This Agreement shall become effective as of __________, 2023 (“Effective Date”) and shall expire on ___________, 2033.

ARTICLE 3. OBLIGATIONS OF DEVELOPER
Section 3.01. Obligations of Developer Generally. In consideration of the City entering into this Agreement, Developer agrees that it will comply with this Agreement and with all Project Approvals and Subsequent Approvals related to the Project. An express condition to City’s issuance of any permits to or for the benefit of the Project shall be the construction of those public infrastructure improvements that are required through this Agreement, Conditions of Approval, Project Approvals, or Subsequent Approvals. The parties acknowledge and agree that City’s agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer's agreement to perform and abide by its long-term covenants and obligations, as set forth herein.

Section 3.02. Water Facility Payment. Developer shall pay to City one thousand five hundred dollars ($1,500) per lot, payable at the time of the Final Map recordation for each phase to be based on the number October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 4 OF 17
of lots contained in the Final Map for such phase. Payment for all lots within a phase will be due in full at the time of Final Map recordation for that phase.

Section 3.03 Impact Fees. Developer agrees to pay development fees for Water Acreage, Sewer Acreage, Storm Drain Acreage, and Parkland, as shown in the attached fee schedule Exhibit D at the time of Final Map recordation, based on the number of lots or acreage contained in the Final Map.

Section 3.04. Indemnification.

A. Indemnity.
(1) Except to the extent caused by the intentional misconduct or negligent acts, errors or omissions of City or one or more of City’s officials, employees, agents, attorneys, or contractors (collectively “City Affiliated Parties”) Developer shall indemnify, defend, and hold harmless City and its elected or appointed officials, officers, employees, agents, representatives, and independent contractors (collectively “Indemnified Parties”) from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which the Indemnified Parties, or any of them, may sustain or incur as a consequence of or in any way related to Developer’s negligence, recklessness, or willful misconduct or its failure to perform or comply with any of its obligations or responsibilities contained in this Agreement, including, without limitation, the design and construction of infrastructure improvements required pursuant to this Agreement, Conditional of Approval, the Project Approvals, or Subsequent Approvals.
(2) Developer’s obligation to indemnify, defend, and hold harmless shall survive expiration or termination of this Agreement.
(3) Nothing in this section shall be construed to mean that Developer shall defend, indemnify, release or hold harmless the Indemnified Parties from any claims of personal injury, death or property damage arising from, or alleged to arise from: (i) maintenance or repair by Indemnified Parties of the infrastructure improvements for which City is responsible; or (ii) the Indemnified Parties’ negligence or willful misconduct.
(4) Following the execution of an Assignment and Assumption Agreement in connection with a transfer concerning less than the entire Property, owners of the resulting portions of the Property shall be severally, but not jointly, liable for Developer’s obligations under this section only to the extent that such obligations relate to their respective portions of the Property.

B. Attack of Proceedings. To the fullest extent permitted by law, Developer shall defend, indemnify, and hold harmless the Indemnified Parties, and each of them, from any claim, action, or proceeding against the Indemnified Parties, or any of them, to attack, set aside, void, or annul an approval of City of this Agreement, Project Approvals, Subsequent Approvals, or any other approval required for development of the Project.

C. Effect of Insurance. Developer's obligation to defend, indemnify and hold the Indemnified Parties, and each of them, harmless under the provisions of this section is not limited to or restricted by any requirement in this Agreement for Developer to procure and maintain insurance coverage.

D. Defense of Claim. If any such claim, action, or proceeding is brought against the Indemnified Parties, or any of them, Developer shall, at City’s election, defend City at Developer’s sole expense by counsel satisfactory to City or, upon demand, pay any and all of City’s legal fees should City October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 5 OF 17
elect to utilize its own legal counsel.

E. Notice of Claim. City shall promptly notify Developer of any claim, action, or proceeding against the Indemnified Parties, or any of them, relating to the performance, or omission to perform, any term or condition of this Agreement. The Indemnified Parties shall cooperate fully in the defense of such claim, action, or proceeding.

ARTICLE 4. OBLIGATIONS OF CITY
Section 4.01. Obligations of the City Generally. For consideration of Developer entering into this Agreement, City agrees that it will comply with the terms and conditions of this Agreement. The parties acknowledge and agree that Developer’s agreement to perform and abide by its covenants and obligations set forth in this Agreement, including Developer’s decision to process the siting of the Project in the City, is a material consideration for the City’s agreement to perform and abide by the long term covenants and obligations of the City, as set forth herein.

Section 4.02 Water Availability. City agrees to issue to the Developer a Water Will Serve letter for the entirety of the subdivision upon the execution of the Development Agreement. City estimates that it will have sufficient water supply to service the Project unless significant unforeseen circumstances arise.

Section 4.03. Protection of Vested Rights. To the maximum extent permitted by law, City observe the vested rights provided by this Agreement to Developer over the term of this Agreement.

ARTICLE 5. COOPERATION - IMPLEMENTATION
Section 5.01. Processing Application for Subsequent Approvals. By entering into this Agreement, City has made a final policy decision that the Project and the contributions to public improvements is in the best interests of the public health, safety and general welfare. Accordingly, City shall not use its discretionary authority in considering any application for a Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise to prevent or delay development of the Project; provided however, City shall not be prevented from adhering to the provisions of Section 6.B. and 6.C. of City Resolution 23-

18. ARTICLE 6. AMENDMENT
Section 6.01. Amendment of This Agreement. This Agreement may be amended from time to time by mutual written consent of the parties hereto or their successors in interest in accordance with Government Code Sections 65865.1, 65867, 65867.5 and 65868.

ARTICLE 7. ASSIGNMENT, TRANSFER AND NOTICE
Section 7.01.

A. Developer shall have the right under this Agreement to assign its rights, interests, and obligations hereunder, and they may be transferred, sold, or assigned in conjunction with the transfer, sale, or assignment of all or a portion of the Property at any time during the term of this Agreement. However, no transfer, sale, or assignment of all or any portion of the rights, interests or obligations hereunder shall occur without the prior written notice to City and approval by the City Council, which approval shall not be unreasonably withheld or delayed. The City Council shall consider and decide the matter after written notice is provided to the City Manager by Developer, and receipt by the City Council of all necessary documents, certifications, and any other information reasonably required by the City Council to decide the matter.

October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 6 OF 17
Approval by the City Council shall be for the purposes of: (i) providing written notice to City; (ii) assuring that all obligations of Developer are allocated as between Developer and the proposed purchaser, transferee, or assignee if any obligations are being retained by Developer; (iii) assuring City that the proposed purchaser, transferee, or assignee is capable of satisfactorily performing the obligations hereunder; and (iv) assuring City that if only a portion of the rights, interests, and obligations hereunder are being transferred, sold, or assigned, said transfer, sale, or assignment will not interfere with the orderly development of the Project as established herein.

B. If Developer seeks to transfer, sell, or assign all or a portion of the rights, interests, and obligations of Developer hereunder, Developer’s assignee shall execute a document (“Assignment and Assumption Agreement”) reasonably satisfactory to City through which Developer and assignee acknowledge allocation of responsibilities hereunder. Upon the City Council’s approval of an Assignment and Assumption Agreement, Developer shall, except as otherwise provided herein and/or except for obligations expressly retained by Developer, be released from its obligations under this Agreement with respect to the portion of the Property being transferred, sold, or assigned. Developer will remain responsible under this Agreement to the extent that Developer’s responsibilities are not assigned to and assumed by an assignee or successor-in-interest of Developer.

C. The conditions and covenants set forth in this Agreement and incorporated herein shall run with the land, and the benefits and burdens shall, except as otherwise provided herein, bind and inure to the benefit of all successors-in-interest to the parties in accordance with the provisions of Section 65868.5 of the California Government Code. Each and every purchaser, assignee, or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary hereof and a party hereto, but only with respect to the Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser, assignee, or transferee shall observe and fully perform all duties and obligations of Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned, or transferred to it.

ARTICLE 8. DEFAULT; REMEDIES; TERMINATION
Section 8.01. Defaults. Any failure by either party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other party (unless such period is extended by mutual written consent), shall constitute a default (“Default”) under this Agreement. Any notice given pursuant to the preceding sentence (“Default Notice”) shall specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. A party will not, however, be deemed in Default, if the nature of the failure to perform is non-monetary in nature and is such that it cannot reasonably be cured within such thirty (30) day period, and the non-performing party commences to cure the breach within such time period and diligently pursues such efforts through completion. Upon the occurrence of a Default under this Agreement, the nondefaulting party may institute legal proceedings to enforce the terms of this Agreement or, in the event of a Default, terminate this Agreement. If the breach is cured, then no Default shall exist and the noticing party shall take no further action.

Section 8.02. Force Majeure and Excusable Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, neither party shall be deemed to be in Default where delays in performance or failures to perform non-monetary obligations are due to, and a necessary outcome of, war, insurrection, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities (including new or supplemental environmental regulations), enactment of conflicting state or federal laws or regulations, judicial decisions, or similar basis for excusable performance which is not within the reasonable control of the party to be October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 7 OF 17
excused (collectively “Force Majeure”). Litigation attacking the validity of this Agreement, or any permit, ordinance, entitlement or other action of a governmental agency other than City necessary for the development of the Project pursuant to this Agreement, shall also be deemed to create an excusable delay as to Developer (collectively “Excusable Delay”). In the event of Force Majeure or Excusable Delay, the parties shall memorialize in writing the extension of time for the performance of any obligation whose performance has been so prevented or delayed. The term of any such extension shall be equal to the period of the Excusable Delay or Force Majeure or such other period as may be mutually agreed upon by both parties.

ARTICLE 9. NO AGENCY, JOINT VENTURE OR PARTNERSHIP
It is specifically understood and agreed to by and between the parties hereto that: (i) the subject development is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that City accepts the same; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this Agreement and any the Project Approvals and applicable law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer.

ARTICLE 10. MISCELLANEOUS
Section 10.01. Enforceability. City and Developer agree that, unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall, except as otherwise provided herein, be enforceable by any party hereto, notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by City that changes, alters or amends the rules, regulations and policies applicable to the development of the Project Site at the time of the approval of this Agreement as provided by California Government Code Section 65866.

Section 10.02. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the other party.

Section 10.03. Other Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals and Subsequent Approvals and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.

Section 10.04. Construction. The Parties have been represented by counsel throughout the negotiation of the Project and creation of this agreement. Counsel for both Parties have contributed to this Agreement and approved it in its final form. Therefore, both sides can be considered the drafting party, and neither party is subject to the presumption that ambiguities shall be construed against the drafting party in the interpretation or enforcement of this Agreement.

October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 8 OF 17
Section 10.05. Periodic Review of Compliance with Agreement. As required by Government Code Section 65865.1, the City shall conduct reviews at least once per year, as well as whenever the City deems that such a review is necessary to ensure that the Project and Developer remain in good faith compliance with this Agreement. This Agreement may be modified or cancelled if the City deems that Developer or the Project have not complied in good faith with any terms or conditions of this Agreement.

Section 10.06. Notices. Any notice or communication required hereunder between City and Developer must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S.

Mail) by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party's facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

City of Lindsay
251 E. Honolulu Street
Lindsay, CA 93247
Attention: Joe Tanner, City Manager

NFDI LLC
1878 N. Mooney Blvd, Suite J
Tulare CA 93274
Attn: Greg Nunley
Alta Vista Holdings II, LLC
1118 N Chinowth St
Visalia, CA 93291
Attn: Patrick Darnell
Section 10.07. Entire Agreement, Counterparts and Exhibits. This Agreement is executed in duplicate, each of which is deemed to be an original. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.

Section 10.08. Waiver. Any waivers of the provisions of this Agreement or any breach of covenants or October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 9 OF 17
conditions contained in this Agreement shall be effective only if in writing and signed by the appropriate authorities of City and Developer. A waiver of one (1) provision or breach shall not be considered as a continuing waiver, shall not constitute a waiver of any other conditions or covenants and shall not operate to bar or prevent the other party from declaring a forfeiture or exercising its rights for any succeeding breach of either the same or other condition or covenant.

Section 10.09. Recordation of Development Agreement. Pursuant to California Government Code § 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of Tulare County.

Section 10.10. No Third-Party Beneficiaries. No person or entity shall be deemed to be a third- party beneficiary hereof and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than City and Developer any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Section 10.11. Titles of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of this Agreement's provisions.

Section 10.12. Discretion of City. Except for the obligations under this Agreement, City's execution of this Agreement in no way limits the discretion of City in the permit or approval process in connection with any site plan approvals, subsequent entitlements, land use decisions, construction or improvements which are within City's jurisdiction.

Section 10.13. Representations of Authority. Each person signing this Agreement on behalf of a non-person entity hereby represents and warrants to the other party they have authorization to sign this Agreement and bind the entity on whose behalf they are signing the Agreement.

Section 10.14. California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue for any action shall be in Tulare County, California.

Section 10.15. Attorneys’ Fees. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including, but not limited to, taxable costs and reasonable attorneys’ fees. Seller and Buyer agree that any such action shall be venued in Tulare County, California or in the Federal District Court in Fresno, California.

Section 10.16. Conflict with Other Documents. Nothing in this Agreement is intended to supersede, terminate, modify or otherwise affect any provision of the Project Approvals or Subsequent Approvals. In the event of a conflict between this Agreement and the Project Approvals or Subsequent Approvals, the Project Approvals and Subsequent Approvals shall govern. The execution of this Agreement by the parties hereto shall in no way otherwise affect the validity of any or all of the provisions of the Project Approvals or Subsequent Approvals.

IN WITNESS WHEREOF, the City of Lindsay, a municipal corporation, has authorized the execution of this Development Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Ordinance No. 613 adopted by the City Council of the City of Lindsay on __________, , 2023, and executed in duplicate.

October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 10 OF 17

CITY OF LINDSAY NFDI LLC,
a Nevada Limited Liability Company
By: By: _____________________________

JOSEPH TANNER
City Manager
Date: Name: ___________________________
Title: ___________________________
Date: ___________________________

ALTA VISTA HOLDINGS II, LLC
A California limited liability company
By: _____________________________
Name: ___________________________
Title: ___________________________
Date: ___________________________
ATTEST:

By:

City Clerk (SEAL)
Approved as to Form:

By:

City Counsel
October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 11 OF 17

STATE OF CALIFORNIA )
) SS

COUNTY OF TULARE )
On ______________, 2023, before me, _________________________________, Notary Public, personally appeared __________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his authorized capacity, and that by his/her signature on the instrument the persons, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(SEAL)
________________________________

NOTARY PUBLIC
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 12 OF 17

STATE OF CALIFORNIA )
) SS

COUNTY OF TULARE )
On ______________, 2023, before me, _________________________________, Notary Public, personally appeared __________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his authorized capacity, and that by his/her signature on the instrument the persons, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(SEAL)
________________________________

NOTARY PUBLIC
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 13 OF 17

STATE OF CALIFORNIA )
) SS

COUNTY OF TULARE )
On ______________, 2023, before me, _________________________________, Notary Public, personally appeared __________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his authorized capacity, and that by his/her signature on the instrument the persons, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(SEAL)
________________________________

NOTARY PUBLIC
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 14 OF 17
EXHIBIT "A"
October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 15 OF 17
Exhibit B

LEGAL DESCRIPTION OF PROJECT SITE
Real property in the City of Lindsay, County of Tulare, State of California, described as follows:

PARCELS 1, 2, AND 4 AS SHOWN ON PARCEL MAP NO. 5393, FILED JUNE 1, 2023 IN BOOK 55 OF PARCEL MAPS, PAGE 1.

APN: (portions) 201-170-010-000 and 201-180-013-000 and 199-050-017-000 &
PARCEL 3 AS SHOWN ON PARCEL MAP NO. 5393, FILED JUNE 1, 2023 IN BOOK 55 OF PARCEL MAPS, PAGE 1.

APN: (portions) 199-050-017-000 and 201-170-010-000 and 201-180-013-000 October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 16 OF 17
Exhibit C
ATTACHED - CONDITIONS OF APPROVAL RESOLUTION 23-14
October 24, 2023 Regular Meeting of the Lindsay City Council

O’Hara’s Subdivision. Track Map 6250 | PAGE 17 OF 17
Exhibit D

CITY IMPACT FEES
October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

ORDINANCE NO. 613

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY

APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

LINDSAY AND NFDI LLC, A NEVADA LIMITED LIABILITY COMPANY, AND

ALTA VISTA HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (COLLECTIVELY “DEVELOPER”), GOVERNING THE PLANNED UNIT
DEVELOPMENT NO. 23-01, O’HARA’S RACH SUBDIVISION.

THE CITY COUNCIL OF THE CITY OF LINDSAY DOES ORDAIN AS FOLLOWS:

Section 1. That certain Development Agreement (the "O’Hara’s Ranch Development Agreement") by and between the City of Lindsay and NFDI LLC & Alta Vista Holdings, LLC, pertaining to that certain residential housing development ("O’Hara’s Ranch Subdivision") located on 791 W. Tulare Rd, APN’s: 201-170-010, 201-180-013, and 199-050-017, which property is more particularly described in said O’Hara’s Ranch Development Agreement, is attached hereto as Attachment "1" and is hereby incorporated by reference.

Section 2. The City Council of the City of Lindsay certified an Initial Study Environmental Review for the O’Hara Ranch Subdivision, made related findings pursuant to the provisions of the California Environmental Quality Act ("CEQA''), a Mitigated Negative Declaration report was prepared.

Section 3. The City Council hereby finds that the O’Hara’s Ranch Development Agreement is consistent with the Lindsay General Plan and the Planned Unit Development No. 23-01, and that the City Council, after a public hearing on October 24, 2023, determined that the O’Hara’s Ranch Development Agreement:

1. Is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan;

2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

3. Is in conformity with the public convenience and general welfare and good land use practices;

4. Will not be detrimental to the public health safety, and general welfare;

5. Will not adversely affect the orderly development of property or the preservation of property values;

6. Will provide sufficient benefit to the City to justify entering into the development agreement; and

7. That the O’Hara’s Ranch Development Agreement ensures compliance with the Mitigated Negative Declaration Report.

October 24, 2023 Regular Meeting of the Lindsay City Council

Section 4. The Mayor and the City Clerk are authorized and directed to execute the O’Hara’s Ranch Development Agreement on behalf of the City of Lindsay after the effective date of this ordinance.

Pursuant to Government Code Section 65868.5, the Clerk of the City Council shall record a copy of the O’Hara’s Ranch Development Agreement with the Office of the County Recorder no later than ten (10) days after this ordinance takes effect.

Section 5. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(l) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.

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

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

CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Hipolito A. Cerros, Mayor
ATTEST:
____________________________________
Francesca Quintana, City Clerk
October 24, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Ryan Heinks, Public Safety Lieutenant
DEPARTMENT: Public Safety
ITEM NO.: 13.1
MEETING DATE: October 24, 2023

ACTION & RECOMMENDATION
Consider Approval of Resolution No. 23-42, A Resolution of the City Council of the City of Lindsay Approving Sole Source Provider Designation to Fire Apparatus Solutions in Accordance with the City of Lindsay Procurement Policy and Pursuant to California Government Code §10300-10334 and Authorize Expenditures for a Fully Outfitted KME Type 1 Fire Engine and Granting City Manager Authorization to Execute Any Documents Thereto.

Based on City Staff’s comprehensive review and the City’s needs as well as pursuant to the City of Lindsay Procurement Policy and California Government Code §10300-10334, City Staff recommends that the City Council approve Sole Source Provider designation to Fire Apparatus Solutions.

BACKGROUND | ANALYSIS
On April 10, 2023, the City of Lindsay received $2,000,000 in funding through the Office of Emergency Services from the passage of Assembly Bill 179, sponsored by Senator Melissa Hurtado. As stated in said Assembly Bill, for the purposes of Public Safety and Fire Prevention, the Bill designated “$2,000,000 to the City of Lindsay for updating fire equipment and training”.

Fire personnel conducted a review of the department’s needs and determined the replacement of the 2000 LaFrance Type 1 Engine was the most prominent need. Personnel identified that the 23-year-old Lafrance Engine has long passed the threshold for standard replacement timeframes. The replacement of this engine also complies with the City of Lindsay Fleet Management and Replacement Policy, enacted by the Lindsay City Council on November 09, 2021. In addition, the LaFrance Engine is in danger of not meeting the California Department of Transportation requirements for clean diesel emissions.

The Lindsay Department of Public Safety was then tasked with reviewing the available options for replacement of the Type 1 Engine and to determine which apparatus would best meet City, department and community requirements. Three manufacturers were contacted with specifications specific to our needs and quotes were requested. City staff received quotes from Pierce Manufacturing, KME Fire Apparatus, and Smeal Fire Truck Apparatus brand. While determining which apparatus was most appropriate, City Staff took into consideration the reliability of the equipment, safety features, clean air emissions, technological advancements, and cost effectiveness of the various options.

October 24, 2023 Regular Meeting of the Lindsay City Council

A summary of the received quotes is provided below. Each quote includes a discount for 100% prepayment and is valid for only the dates provided.

KME Type 1 Engine Quote: $1,588,077.34
Pierce Type 1 Engine Quote: $1,599,994.46
Smeal Type 1 Engine Quote: $1,669,922.59
Due to the urgency of the City’s need, the delivery timeline was of great importance to the purchasing of this new equipment. Due to industry-wide demand, delivery timelines have greatly increased among manufacturers of custom fire apparatus. KME Fire Apparatus has quoted a timeline of less than 740 calendar days for the delivery of the new apparatus. Smeal Fire Trucks has a timeline of approximately 945 days and Pierce Manufacturing has provided a timeline of approximately 1,260 to 1,380 days.

Based upon a comprehensive review of the quotes provided and needs of the City, City Staff has determined that the reliability and features of the KME Type 1 Engine as well as the delivery timeline make it the only apparatus that meets the City’s needs. The KME Type 1 Engine also came in at the lowest bid amount, with the specifications requested. The current quote is valid until November 01, 2023.

The manufacturer has advised them to anticipate an approximately $65,000 plus sales tax price increase after that date.

Based on the aforementioned and pursuant to the City of Lindsay Procurement Policy and California Government Code §10300-10334, City Staff recommends that the City Council approve Sole Source Provider designation to Fire Apparatus Solutions. The amount and manner of this purchase requires City Council approval as the City’s Authorized Purchasing Agent, as well as designation by the City Council to Fire Apparatus Solutions as the sole-source vendor, thus granting an exception to the formal bidding process.

FISCAL IMPACT
$1,588,077.34 (sales tax included) to be sourced from AB 179 – Senator Hurtado Grand Award to the Public Safety Department which was deposited into 101-GENERAL FUND.

This expense is exempt from DMV registration fees. This cost is contingent upon the 100% pre-paid purchasing of the engine on the current quote, which expires on October 30, 2023. It is important to note that the vendor has informed the City of a planned manufacturer price increase of $64,692 plus sales tax for any orders placed on November 01, 2023, or later.

October 24, 2023 Regular Meeting of the Lindsay City Council

ATTACHMENTS
• Quote from Fire Apparatus Solutions – KME
• Quote from Pierce Manufacturing
• Quote from Fire Apparatus Solutions – Smeal Fire Apparatus Solutions • Memorandum of Justification for Sole-Sourcing Purchasing • Resolution No. 23-42
October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

Lindsay Department of Public Safety
Rick Carrillo – Director of Public Safety
185 N. Gale Hill Ave
Lindsay, Ca 93247
Tel: (559)562-2511
Fax: (559)562-7126
TO: Lindsay City Council – Purchasing Agent DATE: October 24, 2023 FROM: Rick Carrillo, Director of Public Safety
SUBJECT: Sole-Source Purchasing Request and Justification Honorable Mayor Cerros and Esteemed Members of the Council, Through the efforts of California State Senator Melissa Hurtado, the City of Lindsay received a grant of 2 million dollars from the passage of Assembly Bill 179. This bill provided these monies to the City of Lindsay with the intent to improve firefighting equipment and training for the Department of Public Safety.

We recently conducted a comprehensive review of our current fire department fleet, and the findings have underscored the urgent need to replace a 23-year-old fire engine.

The assessment followed the City of Lindsay Fleet Management policy and took into account various factors, including the age and condition of our existing vehicles, response time data, the growing demands on our emergency services, and the evolving nature of fire incidents in our city. The results of this evaluation revealed a pressing need for enhanced firefighting capabilities and improved response times. By acquiring a replacement fire engine, we will not only replace older, less reliable equipment but also modernize our firefighting resources to meet the evolving challenges of our community.

This investment will undoubtedly bolster our ability to protect lives and property while ensuring our fire department remains well-prepared and equipped to serve our city effectively.

Having two modern fire apparatus for structural firefighting at the disposal of our city provides a crucial advantage in ensuring the safety and well-being of our residents. This redundancy in fire-fighting capabilities offers a significant boost to our emergency response system. In the event of a fire, having two fire engines enables us to address multiple incidents simultaneously, significantly reducing response times and enhancing our ability to contain and extinguish fires swiftly. Moreover, it offers a sense of security to our community, knowing that we have a backup vehicle ready to respond in case one engine is already engaged elsewhere or undergoing maintenance. This increased capacity not only safeguards lives and property but also bolsters the overall resilience and preparedness of our city, making it a safer and more secure place to live.

October 24, 2023 Regular Meeting of the Lindsay City Council

After contacting several vendors and reviewing the available specifications, the city has determined that KME is the only manufacturer that currently produces the apparatus that meets the department’s functional requirements. The KME is more adaptable to both structural and wildland firefighting, increasing the operational value of equipment.

The KME has a better height and width profile, allowing for easier access to confined alleyways.

The KME apparatus also does not restrict its repair parts as proprietary items, allowing for less expensive and timely repairs. In the past, this has been an issue with our current fleet as repair parts have been unavailable from the manufacturer, causing a potential downing of an apparatus if the issue is safety equipment. KME also has a local repair shop, allowing for a quick turnaround. Other manufacturers have repair shops 3-4 hours away, causing significant issues in getting items repaired.

The specific features and capabilities offered by KME Fire Apparatus align seamlessly with our department’s requirements, including its advanced firefighting equipment, water tank capacity, improved safety and emissions systems. Furthermore, their fire engines have consistently demonstrated high levels of reliability and durability, which is crucial for ensuring the safety of our firefighters and the residents we serve.

Due to the extreme age of the existing 23-year-old LaFrance Type 1, replacing this apparatus in a timely manner is of the utmost importance. Waiting for a competitive bidding process can lead to delays that are simply unacceptable. By selecting a sole source supplier, we can streamline the procurement process, reduce administrative hurdles, and ensure that the replacement engine is delivered promptly.

It has become evident that the KME Type 1 Fire Engine is the only viable option to meet our needs effectively and efficiently. As the sole KME Fire Apparatus vendor for this region, we request that Fire Apparatus Solutions be awarded the Sole Source Contract. This decision is rooted in our commitment to the safety and well-being of our community as well as the financial responsibility to the public.

Respectfully,
Rick Carrillo
Director of Public Safety
PURCHASING AGENT APPROVAL: ATTEST:

Hipolito Angel Cerros, Mayor Francesca Quintana, City Clerk October 24, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-42

NUMBER 23-42
TITLE

MEETING

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY

APPROVING SOLE SOURCE PROVIDER DESIGNATION TO FIRE

APPARATUS SOLUTIONS IN ACCORDANCE WITH THE CITY OF

LINDSAY PROCUREMENT POLICY AND PURSUANT TO
CALIFORNIA GOVERNMENT CODE §10300-10334 AND AUTHORIZE
EXPENDITURES FOR A FULLY OUTFITTED KME TYPE 1 FIRE

ENGINE AND GRANTING CITY MANAGER AUTHORIZATION TO

EXECUTE ANY DOCUMENTS THERETO
At a regularly scheduled meeting of the City of Lindsay City Council held on October 24, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, The City of Lindsay, California is a political subdivision of the State of California and is duly organized and existing pursuant to the Constitution and laws of California; and WHEREAS, pursuant to applicable law, the City of Lindsay’s City Council is authorized to acquire, dispose of and encumber real and personal property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the City; and
WHEREAS, the City Council hereby approves Sole Source Provider designation to Fire Apparatus Solutions in accordance with the City of Lindsay Procurement Policy and pursuant to California Government Code §10300-10334 and authorizes expenditures for a Fully Outfitted KME Type 1 Fire Engine and grants the City Manager authorization to execute any documents thereto; and WHEREAS, the City of Lindsay Procurement Policy and California Government Code §10300- 10334, the amount and manner of this purchase requires City Council approval as the City’s Authorized Purchasing Agent, as well as designation by the City Council to designate Fire Apparatus Solutions as the sole-source vendor, thus granting an exception to the formal bidding process.

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

SECTION 1. The City Council as the Purchasing Agent for the City of Lindsay hereby approves sole source designation to Fire Apparatus Solutions for the purchase of a KME Type 1 Fire Engine.

October 24, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-42

SECTION 2. The City Manager acting on behalf of the City of Lindsay, is hereby authorized to negotiate, enter into, execute, and one or more contracts in substantially the form set forth in the attached quote as directed by the City Council. All other related contracts and agreements necessary and incidental to the purchase are hereby authorized.

SECTION 3. The aggregate original principal amount of the purchase shall not exceed $1,588,077.34.

SECTION 4. This Resolution is effective immediately upon its adoption.

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

MEETING DATE October 24, 2023
MOTION

SECOND MOTION
AYES
ABSENT

ABSTAIN
NAYS

CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.

FRANCESCA QUINTANA HIPOLITO A. CERROS

CITY CLERK MAYOR
October 24, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 13.2
MEETING DATE: October 24, 2023

ACTION & RECOMMENDATION
Review and Discussion of Cannabis Operations Map and Consideration of Approval of Request to Release a Request for Proposals (RFP) for a Commercial Cannabis Retail Dispensary City Staff recommends that the City Council authorize the release of this RFP to solicit and evaluate proposals from qualified commercial cannabis retail businesses interested in operating within the City of Lindsay.

BACKGROUND | ANALYSIS
In accordance with the City of Lindsay Ordinance No. 573 and Title 5 Business Taxes, Licenses and Regulations of the Lindsay Municipal Code, the City is facilitating the establishment of a third commercial cannabis retail business. This section of the Municipal Code allows cannabis businesses in the City, establishing clear permitting procedures and regulations. All applicants and businesses must operate strictly within the guidelines stipulated in the California Business and Professions Code section 19300.5, as well as any amendments by the State of California, and are additionally subject to local regulations.

A dispensary, as defined, will focus primarily on product sales. It is not intended to serve as an establishment for food or drink consumption, and there will be a strict prohibition against the sale of alcohol or tobacco on its premises. For a detailed understanding of the operational guidelines and restrictions, potential applicants are strongly advised to refer to Title 5 Business Taxes, Licenses and Regulations of the Lindsay Municipal Code. Additionally, the City of Lindsay Resolution 19-27 (hereto attached to this report) provides clarity on the tax rates and fees associated with cannabis cultivation and other related cannabis businesses.

Should the City Council approve the release of this RFP, then a Notice of Inviting Bids would be published, and the RFP would be released on October 26, 2023, and due on December 11, 2023.

The application process for this RFP has been divided into three distinct phases, each accompanied by non-refundable application processing fees. While the fees for Phases I and II are due by December 11, 2023, at 3:00 PM, the fee for Phase III is applicable only to those candidates who progress past Phase II.

October 24, 2023 Regular Meeting of the Lindsay City Council

FISCAL IMPACT
The City of Lindsay stands to benefit from multiple revenue streams with the introduction of the new commercial cannabis retail business:

1. Initial Application Process: The application process is segmented into three phases. Combined, these phases will yield a total revenue of $3,800 for the City of Lindsay.

2. Annual Fees: The selected business will be responsible for an annual Retail Regulatory fee, Annual Fire Permit, and Business License fee. When combined, these amount to a recurring revenue of $11,300 per annum for the City of Lindsay.

3. Tax Revenue: Additionally, the City of Lindsay will collect a tax at a rate of 5% on the gross receipts of the business quarterly. This will provide a continuous inflow, the volume of which will be contingent on the business's performance.

The integration of this new commercial cannabis retail business in Lindsay promises not only to foster local economic growth but also to provide the City of Lindsay with substantial and consistent fiscal returns.

ATTACHMENTS
• Resolution No. 19-27
• City of Lindsay Commercial Cannabis Business Application Package (RFP) October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

October 24, 2023 Regular Meeting of the Lindsay City Council

City of Lindsay
Commercial Cannabis Business
Application Package – Dispensary
□ Included
Application Fees
Phase I: $500 per applicant
Phase II: $2,500
Phase III: $800 (if applicable)
Phase I
 Pay $500 application fee
 Submit background check/live scan documents to the Lindsay Public Safety Department (forms attached)
Phase II
 Pay $2,500 application fee
 Submit application with responses to each of the seven (7) narrative descriptions listed in the Phase II Section of this packet
 Submit indemnification agreement and acknowledgement form Phase III (if applicable)
 Pay $800 application fee
 Attend final interview and discuss the three topics listed in the Phase III section of the application Final Approval (if applicable)
 Submit Conditional Use Permit application and pay permit fees  Submit building plans/request building permits (if applicable) All applications must be submitted in person to the Finance Department by Monday December 11, 2023, at 3:00 PM. Please ensure that both a hard copy and USB drive containing the application package are provided.

NOTE:

INCOMPLETE OR INCORRECT APPLICATIONS WILL BE REJECTED AND WILL REQUIRE RESUBMISSION. It is the applicant’s responsibility to ensure that all required pages are included in the application package and that it is complete when submitted to the City of Lindsay Finance Department.

October 24, 2023 Regular Meeting of the Lindsay City Council

Application to Operate a Commercial Cannabis Retail Dispensary The City reserves the right to change this schedule at any time without notice.

Release Date October 26, 2023
Phase I & II Submittal
Deadline and Location
December 11, 2023, at 3:00 PM
City of Lindsay Finance Department
251 E. Honolulu, Lindsay, CA 93247
*Staff will be available via Zoom to
address any questions
Notification to Applicants
Invited to Phase III Final
Selection
January 2024
Scheduled Phase III
Interviews February 2024
Final Selection Announced March 2024
October 24, 2023 Regular Meeting of the Lindsay City Council

The City of Lindsay is now seeking applications from parties who wish to develop and operate a cannabis retail dispensary in Lindsay, which will be subject to the following requirements:
• This application process will result in the issuance of not more than one commercial cannabis retail dispensary regulatory permit (hereinafter referred to as “permit”). The Applicants will still be required to obtain the required Conditional Use Permit through the entitlement process described below;
• The approved cannabis retail dispensary (hereinafter referred to as “dispensary”) shall be located only in the City's CC (Central Commercial) zoning district, within the Central Business District, as defined in the Commercial Land Use Policies and Proposals section of the Lindsay General Plan, and further restricted to that area shown within the green polygon in the attached “Retail Cannabis Dispensary Zone” aerial image. • Currently, applicant must have a location within the Retail Cannabis Dispensary Zone.

However, the Retail Cannabis Dispensary Zone or an alternative zoning map may be in place before the final award of the permit. As the available zoning is subject to change, applicants are encouraged to select a site in the Retail Cannabis Dispensary Zone and an alternative site outside the existing Retail Cannabis Dispensary Zone and in compliance with all other state laws.
• The dispensary shall not be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12 as prescribed by statelaw; • The dispensary must adhere to all state and local laws that regulate the cannabis industry;
• If permitted by state law, this dispensary may operate as and sell both medicinal and recreational products.
• Prior to or concurrently with applying for the regulatory permit, the applicant shall process a Conditional Use Permit as required by the City's Zoning Ordinance. • The approved cannabis retail dispensary shall follow the strict operating, security, odor control, recordkeeping, facilities, zoning and signage regulations as set forth in the zoning ordinance, cannabis business ordinance and related resolutions; • Payment of applicable application fees as required; and • Additional conditions of approval may be imposed by the City to ensure the operator remains compliant with all state and local laws as well as the conditions set forth in the operator’s application.

Per the requirements of City of Lindsay Ordinance 573, which allows cannabis businesses and establishes permitting procedures and regulations, the dispensary must operate in accordance with the requirements defined in California Business and Professions Code section 19300.5 and any successor statute, as may be adopted or amended from time to time by the State of California. In addition to said regulations applicants must comply with all local regulations.

The dispensary shall be configured primarily for product sales, and shall not operate as a restaurant, cafe, or lounge serving food or drinks for consumption on site. No alcohol or tobacco sales will be allowed on site. Additional restrictions on the operations of the dispensary are outlined in the adopted ordinance. Applicants should review City of Lindsay Ordinance 573, which allows cannabis businesses and establishes permitting procedures and regulations along with City of Lindsay Resolution 19-27 Tax Rate and Fees for Cannabis Cultivation and Other Cannabis Businesses requirements carefully before responding to this application. It is expected that the dispensary shall fully integrate itself into the surrounding neighborhood and shall contribute in a positive manner to the broader Lindsay community.

October 24, 2023 Regular Meeting of the Lindsay City Council

Overview of the Application Process and Fee Structure
The application process is structured with three phases, outlined below. The non-refundable application processing fees associated with each step of the process are outlined following the description of each phase. Fees for Phases I and II are due at the time of application submittal on December 11, 2023, at 3:00 PM. Fees for Phase III shall be required only for those applicants who advance beyond Phase II.

Phase I – Background
Phase I requires each applicant to complete the Phase I background materials, which include the attached live scan form and commercial cannabis employee permit application, as well as an indemnification agreement to hold harmless the City of Lindsay. Each applicant will be required to submit to a criminal background investigation. Fingerprints and Photograph shall be required from each applicant as part of this process.

All applicants must pass the background investigation in order to proceed forward to Phase II. Once applications are received, applicants will be contacted to schedule a time to conduct the live scan at the Lindsay Public Safety Department. NOTE: live scans must be conducted in person at the Lindsay Public Safety Department located at 185 N. Gale Hill Ave., Lindsay, CA 93247.

Phase I Fees: $500 non-refundable application fee for each applicant payable to the “City of Lindsay.”
Phase II – Overview
All applicants that successfully pass the Phase I criminal background investigation will advance to the second phase of the application process, which will include the Public Safety Director’s review of the completed Commercial Cannabis Retail dispensary Regulatory Permit Application in addition to the narrative descriptions of the (1) proposed business plan summary and budgets, (2) site location and development plan, (3) proof of capitalization, (4) management team, (5) proof of existing successful retail cannabis dispensary operation, (6) summary of security practices, and (7) community benefits.

All application materials will be objectively scored and ranked according to the application requirements outlined below.

Phase II Fees: $2,500 non-refundable application fee due at time of initial application submittal, payable in one check to the “City of Lindsay”. If Background check is not cleared and applicant withdraws their application, the $2,500 application fee will not be refunded.

Phase II - Application Requirements
• Business Plan Summary and Budget – 20 points possible The applicant shall submit a summary of the business plan for the day-to-day operations of the dispensary. The business plan summary shall include but not be limited to:
o Operational Overview: A comprehensive description of the day-to-day operations of the October 24, 2023 Regular Meeting of the Lindsay City Council

dispensary. This should encompass a breakdown of the cannabis-related products and/or services being sold, alongside any accessory services or connected facilities. o Detailed Process Outline: In the business plan for the proposed dispensary, provide a meticulous list of all cannabis operations set to take place on the premises. This should detail processes including but not limited to standard operating procedures, employee count, training programs, inventory, and quality control measures, lists of both recreational and medicinal products expected to be available, waste management strategies, and logistics regarding transportation and distribution of products. o Budget Overview: A detailed financial plan should be provided, delineating projected expenses, anticipated revenue streams, and financial projections for the short and long term. This should also include any capital investments, ongoing operational costs, and expected return on investment.
o Project Timeline: A clear timeline for the rollout of the dispensary's operations should be provided. This should encompass key milestones such as regulatory approvals, construction or renovation of the premises, hiring and training of staff, commencement of operations, and any subsequent expansion or development plans. o Compliance Measures: Elaborate on procedures concerning testing, quality control practices, visitor and vendor protocols (like logs, non-disclosure agreements, etc.), and the track and trace policies and procedures, ensuring adherence to regulatory standards. • Site Location and Development Proposal – 20 points possible o Currently, applicant must have a location within the Retail Cannabis Dispensary Zone. However, the Retail Cannabis Dispensary Zone or an alternative zoning map may be in place before the final award of the permit. As the available zoning is subject to change, applicants are encouraged to select a site in the Retail Cannabis Dispensary Zone and an alternative site outside the existing Retail Cannabis Dispensary Zone and in compliance with all other state laws. o The applicant shall identify and describe the location in which the retail dispensary will be located by providing the following information:
o Address, Assessor’s Parcel Number, Site Area and Dimensions; o Proof of ability to lease/purchase property (Property Owner Affidavit) o The applicant shall provide a conceptual layout of the sites intended development including but not limited to, all proposed uses, building floor area, number of stories, parking, ingress/egress, elevations (if available), and floor plan. The conceptual plan shall be to scale but does not need to be drawn by a licensed engineer or architect.
o The Retail Dispensary Operation may be component of a larger proposed or existing development proposal which can be described in this application. • Proof of Capitalization – 20 points possible
The applicant shall submit proof demonstrating sufficient capital is in place to pay startup costs and at least three months of operating October 24, 2023 Regular Meeting of the Lindsay City Council

costs. Proof of capitalization shall be in the form of:
o Documentation of cash or other liquid assets (e.g., bank statement) o Letter of Credit
• Management Team – 20 points possible
The applicant shall submit:
o An organizational chart with name and role of each known member of the management team including roles that are known but unfilled should alsobe included.
o Resumes for each member of the management team.
o A discussion of the experience of the management team. • The application shall include information concerning any special business or professional qualifications or licenses of the management team that would add to the number or quality of services that the dispensary would provide, especially in areas related to medicinal cannabis, such as scientific or health care fields. • Proof of Existing Successful Retail Cannabis Dispensary Operation – 20 points possible
The applicant shall demonstrate the ability to develop a successful, sustainable, harmonious operation by providing proof of the following:
o Has maintained an existing, successful retail cannabis dispensary operation for a period of one year or more. (Provide tax documentation) o Has maintained a harmonious relationship for one year or more with the government entity holding jurisdictional authority over the existing retailcannabis dispensary. (Provide supporting documentation from the government entity holding jurisdictional authority along with a local crime report).

The applicant must also demonstrate how they will ensure that they will minimize any nuisance and/or negative impacts on the surrounding community, including minimizing noise, odor, increased foot and vehicle traffic, increased waste production and water usage, and increased safety concerns, among others.
• Summary of Security Practices – 20 points possible
Applicants shall describe their approach to operational security including but not limited to:
o General security policies.
o Employee-specific policies and training.
o Discussion of transactional security, visitor security, third-party contractor security, and delivery security.
o Financial Security.

Applicants should address ingress and egress access, perimeter security, product security (at all hours), internal security measures for limited access areas, types of security systems (alarms, cameras, etc.), and security personnel to be employed. This discussion must also include a description of how cannabis will be tracked and monitored to prevent diversion, such as by verifying the status of recommending physicians, if selling medicinal cannabis, and retaining copies of all written October 24, 2023 Regular Meeting of the Lindsay City Council

recommendations from recommending physicians when applicable. Applicants are encouraged to provide a sample written policy that has been developed.

Security plans shall not be made public, unless required by court action. Security plan details that could aid persons who wish to commit security violations shall be considered confidential and shall not be released to the public unless ordered by a court of law.

Please refer to City of Lindsay Ordinance 573, which allows cannabis businesses and establishes permitting procedures and regulations, Resolution 19-19 for regulatory permit requirements for cannabis business owners and City of Lindsay Resolution 19- 20 for cannabis minimum premises security requirements and regulations that should be included in your proposal.
• Community Benefits - 20 points possible
The applicant must provide a discussion of how they intend to provide the City of Lindsay and its residents with community benefits and mitigate any nuisance and/or negative impacts that the dispensary’s existence may create. Quantifying the community benefit with a level of financial commitment along with performance timelines is required and shall be provided in a Community Benefits Program document.

Examples of community benefits may include, but are not limited to; o improve blighted buildings within the City’s Central Business District; o provide funding for repairs and improvements to Sweet Brier Plaza; o provide improvements and/or support to the Lindsay’s Wellness Center or parks;
o Provide funding to the Public Safety Department for capital expenses such as: police vehicles, safety equipment, and/or public safety building improvements;
o contribute to local substance abuse programs or other activities that benefit the local community as well as the City of Lindsay.
o support or fund other community programs;
o on-going support for programs that benefit the community October 24, 2023 Regular Meeting of the Lindsay City Council

Phase III – Overview
After all applications from Phase II have been ranked and scored, a sub-set of finalists shall be invited to advance to Phase III, at which point the Phase III non- refundable application fee shall be due, and Phase III applicants will be invited to an interview to discuss the Phase II items listed below. The number of applications that will be invited to submit a Phase III response will be set by the selection committee.

Phase III Fees: Non-refundable fee of $800, payable in one check to the “City of Lindsay.” Please note that this application fee is applicable only to applicants who advance to Phase III.

Phase III - Application Requirements

1. Product Safety and Labeling
The application shall state how the dispensary will ensure enhanced consumer safety by testing or confirming that testing has been certified for biological and chemical contaminants. The applicant must also submit a discussion regarding the product labeling standards to be employed and how they will comply with state and local laws, regulations, and policies. The applicant must also provide information on product labeling sufficient to ensure that cannabis and edible products containing cannabis clearly identify the percentage level of delta-9 (trans) tetrahydrocannabinol, cannabidiol, and cannabinol, and have adequate warnings.

2. Community Benefits
The applicant must provide a discussion of how they intend to provide the City of Lindsay and its residents with the community benefits described in Phase II along with how they intend to mitigate any negative impacts.

3. Hiring and Employment Practices
The applicant must submit a description of their labor and employment practices.

These policies and practices could include, but are not necessarily limited to, the following:
• Discussion of Hiring Plan
• Training and continuing education opportunities—the applicant should discuss the introductory and on-going training opportunities that will be provided to the employees of the dispensary.
• For an applicant with 20 or more employees, provide a statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor agreement.
• Providing Equal Benefits and/or signing a Declaration of Non-Discrimination.

October 24, 2023 Regular Meeting of the Lindsay City Council

Final Selection
Following an objective ranking of the above application materials, applicants may be invited for interview(s) with City staff and/or representatives. Following completion of the interview(s), City staff intends to bring forward for the City Council’s consideration not more than two recommended dispensary operators. The recommended operator should be prepared to attend a City Council meeting in Lindsay in order to provide a public presentation before the Mayor and City Council introducing their team and providing an overview of their proposal. The City of Lindsay reserves the right to request any other additional information or documentation deemed necessary to review the applications throughout the entire application and dispensary permitting process. The City also reserves the right to request references from applicants.

Following the review and approval by the City Council, the selected operator will be invited to submit, within 90 days, a Conditional Use Permit (CUP) application along with any other necessary land use entitlement applications to the Lindsay City Services Department for processing. Once the conditional use permit and other applicable land use entitlements have been secured the applicant will be issued an official regulatory permit from the Public Safety Department within 30 days.

Submission Process and General Conditions
Should applicants have questions about this application or require additional clarification about the contents of the application, such questions should be directed to the Office of the City Manager via phone at (559) 562-7102 Ext. 8011 or via email to the Assistant to the City Manager at [email protected].

Applicants should submit the following materials before the Phase I/II deadline outlined above:
• Completed “Live Scan/Background Packet” form for all Applicants. Background packets will be required for owners and live scan will be required for employees. • Indemnification Agreement and Acknowledgement Form
• One (1) Response to the Phase II Application, outlined above In addition, applicant must submit, in person, checks as follows:
• Application check for $2,500 payable to the “City of Lindsay” • Fees for background checks ($500 x the number of applicants) All of the above materials shall be submitted to:

City of Lindsay – Finance Department
251 E. Honolulu.

Lindsay, CA 93247
Deadline for submitting applications:

December 11, 2023, at 3:00 PM
October 24, 2023 Regular Meeting of the Lindsay City Council

By submitting a proposal, the applicant represents and warrants that:

1. The information provided is genuine and not a sham, collusive, or made in the interest or on behalf of any party not therein named, and that the applicant has not directly or indirectly induced or solicited any other applicant to put in a sham proposal, or any other applicant to refrain from presenting information and that the prospective provider has not in any manner sought by collusion to secure an advantage.

2. The applicant has not paid or agreed to pay any fee or commission, or anyother thing of value contingent upon the award of an exclusive operating area, to any employee, official, or existing contracting consultant of the City of Lindsay.

3. All costs of preparation of proposals including travel for any interviews scheduled shall be borne by the applicants.

4. All proposals become the property of the City of Lindsay. The City reserves the right to reject any and all submittals; to request clarification of information submitted; to request additional information from competitors; and to waive any irregularity in the submission and review process. None of the materials submitted will be returned to the bidder.

5. Information or materials submitted in response to this application will be stored on file with the City of Lindsay and may subject to the requirements of the California Public Records Act, or subject to public disclosure as ordered by a court of law. Proposed security plans shall be consideredconfidential.

6. The City reserves the right to request additional information not included in this application from any or all applicants.

7. The City reserves the right to contact references not provided in thesubmittals.

The City reserves the right to incorporate its standard agreement language into any contract resulting from this application
October 24, 2023 Regular Meeting of the Lindsay City Council

Retail Cannabis Dispensary Zone
Retail Cannabis Dispensaries shall be located with the designated boundary outlined in blue.

October 24, 2023 Regular Meeting of the Lindsay City Council

COMMERCIAL MARIJUANA APPLICATION

INDEMNIFICATION AGREEMENT

BY AND BETWEEN CITY OF LINDSAY AND
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is entered into this day of , 20 _ by and between the City of Lindsay(“City”) and (“Applicant”).

RECITALS
WHEREAS, the Applicant has a legal and/or equitable interest in the certain real property located at Assessor Parcel Number(s): _
(“Property”); and
WHEREAS, the Applicant has submitted an application to the City for a cannabis business on the Property, pursuant to Chapter 5.28 of the City of Lindsay Municipal Code, hereafter referred to as the “Project.”
TERMS
NOW, THEREFORE, pursuant to Chapter 5.28 of the City of Lindsay Municipal Code, and in consideration of the premises, covenants and provisions set forth herein, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1. Nothing in this Agreement shall be construed to limit, direct, impede or influence the City’s review and consideration of the Project.

2. Applicant shall defend, indemnify, save and hold harmless the City of Lindsay, its elected and appointed officials, officers, employees, agents and volunteers from any and all claims, actions, proceedings or liability of any nature whatsoever (including, but not limited to: any approvals issued in connection with any of the above described application(s) by City; any action taken to provide related environmental clearance under the California Environmental Quality Act (“CEQA”) by City’s advisory agencies, boards or commissions, appeals boards, or commissions, Planning Commission, or City Council; and attorneys’ fees and costs awards) arising out of, or in connection with the City’s review or approval of the Project or arising out of or in connection with the acts or omissions of the Applicant, its agents, employees or contractors.

October 24, 2023 Regular Meeting of the Lindsay City Council

With respect to review or approval, this obligation shall also extend to any effort to attack, set aside, void, or annul the approval of the Project, including any contention the Project or its approval is defective because a City ordinance, resolution, policy,standard or plan is not in compliance with local, state or federal law. With respect to acts or omissions of the Applicant, its agents, employees or contractors, its obligation, hereunder shall apply regardless of whether the City prepared, supplied or approved plans, specifications or both.

3. The obligations of the Owner and Applicant under this Indemnification shall apply regardless of whether any permits or entitlements are issued.

4. The City will promptly notify Owner and Applicant of any such claim, action, or proceeding that is or may be subject to this Indemnification and will cooperate fully in the defense. The City may, within its unlimited discretion, participate in the defense of any such claim, action, or proceeding if the City defends the claim, action, or proceeding in good faith.

5. The City Council shall have the absolute right to approve any and all counsel employed to defend the City. To the extent the City uses any of its resources to respond to such claim, action or proceeding, or to assist the defense, the Applicant will reimburse the City upon demand. Such resources include, but are not limited to, staff time, court costs, City Council’s time at its regular rate for non‐City agencies, or any other direct or indirect cost associated with responding to, or assisting in defense of, the claim, action or proceedings.

6. For any breach of this obligation the City may rescind its approval of the Project.

7. The Applicant shall not be required to pay or perform any settlement unless the settlement is approved in writing by the Applicant, which approval shall not be unreasonably withheld.

The City must approve any settlement affecting the rights and obligations of the City.

8. The parties agree that this Agreement shall constitute a separate agreement from any Project approval, and that if the Project, in part or in whole, is invalidated, rendered null or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this Agreement, which shall survive such invalidation, nullification or setting aside.

9. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

10. The Applicant shall pay all court ordered costs and attorney fees.

11. The defense and indemnification of City set forth herein shall remain in full force and effect throughout all stages of litigation including appeals of any lower court judgments rendered in the proceeding.

October 24, 2023 Regular Meeting of the Lindsay City Council

After review and consideration of the foregoing terms and conditions, Applicant, but its signature below, hereby agrees to be bound by and to fully and timely comply with all of the foregoing terms and conditions.

Dated:

Applicant(s):

Printed Name Signature
Printed Name Signature
Printed Name Signature
Printed Name Signature
October 24, 2023 Regular Meeting of the Lindsay City Council

Commercial Cannabis Permit Application
Acknowledgement Form
 I/we have read, fully understand and agree to operate within the regulations identified in The City of Lindsay’s Ordinance’s and all other applicable state laws and regulations as it relates to commercial cannabis operations and further understand that my permit(s) may be revoked for not operating in compliance with said regulations.  I/we understand the City reserves the right to reduce the size of area allowed for cultivation under any clearance or license issued, in the event that environmental conditions, such as a sustained drought or low flows in the watershed will not support diversions for irrigation.
 I/we understand that it is our responsibility as the applicant to obtain will serve letters from all utility companies that will be serving my development. I/we understand that we will bear the sole cost of any upgrades, transmission improvements needed to serve my development as required by the utility companies.  I/we agree that all structures utilized for Commercial Cannabis Businesses will be planned and built in accordance with applicable Building Codes and to the satisfaction of the City.  I/we understand that the information I provide with my application may be released as required by law, judicial order, or subpoena, and could be used in a criminal prosecution.
 I/we agree to defend, indemnify, and hold harmless the City from any defense costs, including attorneys’ fees or other loss connected with any legal challenge brought as a result of the City’s review and/or approval of this license issuance. I/we agree to execute a formal agreement to this effect on a form provided by the City and available for my inspection.  I/we understand that the application fee is non‐refundable even if I cancel my application or it is denied during the process.  I/we acknowledge that without a complete application package my application may bedelayed.  I/we recognize that the City Services Department and Public Safety Director reserves the right to request additional information if necessary to complete review or processing of the application and confirm or promote conformance to ordinance‐specific requirements and standards.
 I/we authorize the City, its agents, and employees to seek verification of the information contained within the application including a background check of the applicant and all employees and independent contractors.

Printed Name Signature Date
Printed Name Signature Date
October 24, 2023 Regular Meeting of the Lindsay City Council

Property Owner Affidavit
I, , authorize the Commercial Cannabis activity
entitled to use/purchase this property as a
Commercial Cannabis facility, as those terms are defined in the Lindsay City Municipal Code, should this facility obtain the appropriate permit. I further understand that I am responsible for, and also subject to, enforcement actions regarding any violations and/or nuisance activity which may occur at this property if leasing the property to the applicant.

Legal Property Owner:
(Printed Name)
Date:

Title:
(Signature)
Legal Building Owner:
(Printed Name)
Date:

Title:
(Signature)
ATTACH:

Proof of possession of the premises and approval of use (deed, lease, lease agreement, agreement showing willingness to sell property if applicant obtains permit) Notary Use Only:

State of California
County of Tulare
On this, the day of , 20 , before me a notary public, the undersigned Officer, personally appeared to me, , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purpose therein contained.

I witness hereof, I hereunto set my hand and official seal.

Notary Public
October 24, 2023 Regular Meeting of the Lindsay City Council

Building Owner Affidavit
I, , authorize the Commercial Cannabis
Dispensary entitled to
use/purchase this property as a Commercial Cannabis dispensary, as those terms are defined in the City of Lindsay Municipal Code, should this dispensary obtain a Permit. I further understand that I am responsible for, and also subject to, enforcement actions regarding any violations and/or nuisance activity which may occur at this property if leasing the property to the applicant.

Property Manager Affidavit (if applicable)
I, , authorize the Commercial Cannabis
Dispensary entitled to
use this property as a Commercial Cannabis dispensary, as those terms are defined in the City of Lindsay Municipal Code, should this dispensary obtain a Permit. I further understand that I am responsible for, and subject to, enforcement actions regarding any violations and/or nuisance activity which may occur at this property.

October 24, 2023 Regular Meeting of the Lindsay City Council

Background Investigation Packet – Business Owners
(Must be completed by each owner)
Under penalty of perjury, I acknowledge that I have personal knowledge of the information stated in this application. I hereby certify that all of the answers provided and statements made in this questionnaire are true and complete. I understand any misstatements of material fact, omissions, incomplete answers, or inaccurate responses will subject me to disqualification or dismissal.

Owner Name:

Home or Cell Phone:

Home Address:

Date of Birth:

Tax ID Number:

Height:

Weight:

Hair Color:

Signature:

Date:

Items to be completed as part of the Packet at the Lindsay Public Safety Department:

Live Scan (attached)
Photograph (taken at the Lindsay Public Safety
Department) Fingerprinting (done at the Lindsay Public
Safety Department) Copy of Driver’s License, DMV issued ID Card or Passport
Proof of address (DMV-issued ID/driver’s license, and/or recent utility bill under Owner’s name) Staff use only: Pass background check
October 24, 2023 Regular Meeting of the Lindsay City Council

Add more pages as necessary to accommodate responses.

1. Indicate whether, the owner has been convicted of any of the violent felonies listed below as specified in subdivision (c) of Section 667.5 of the Penal Code or a serious felony asspecified in subdivision (c) of Section 1192.7 of the Penal Code including:

Section 667.5
 Murder or voluntary manslaughter.
 Mayhem.
 Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 orparagraph (1) or (4) of subdivision (a) of Section 262.
 Sodomy as defined in subdivision (c) or (d) of Section 286.  Oral copulation as defined in subdivision (c) or (d) of Section 288a.  Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.  Any felony punishable by death or imprisonment in the state prison forlife.  Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
 Any robbery.
 Arson, in violation of subdivision (a) or (b) of Section 451.  Sexual penetration as defined in subdivision (a) or (j) of Section 289.  Attempted murder.
 A violation of Section 18745, 18750, or 18755.
 Kidnapping.
 Assault with the intent to commit a specified felony, in violation of Section220.  Continuous sexual abuse of a child, in violation of Section 288.5.  Carjacking, as defined in subdivision (a) of Section 215.  Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.  Extortion, as defined in Section 518, which would constitute a felony violation of Section186.22.
 Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.
 Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
 Any violation of Section 12022.53.
 A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person.

October 24, 2023 Regular Meeting of the Lindsay City Council

Section 1192.7
 Murder or voluntary manslaughter
 Mayhem
 Rape
 Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person  Oral copulation by force, violence, duress, menace, threat of great bodily injury, orfear of immediate and unlawful bodily injury on the victim or another person;  Lewd or lascivious act on a child under 14 years of age;  Any felony punishable by death or imprisonment in the state prison for life;  Any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm;  Attempted murder;
 Assault with intent to commit rape or robbery;
 Assault with a deadly weapon or instrument on a peace officer;  Assault by a life prisoner on a non-inmate;
 Assault with a deadly weapon by an inmate;
 Arson;
 Exploding a destructive device or any explosive with intent to injure;  exploding a destructive device or any explosive causing bodily injury, greatbodily injury, or mayhem;
 Exploding a destructive device or any explosive with intent to murder;  Any burglary of the first degree;
 Robbery or bank robbery;
 Kidnapping;
 Holding of a hostage by a person confined in a state prison;  Attempt to commit a felony punishable by death or imprisonment in the state prison for life;
 Any felony in which the defendant personally used a dangerous or deadlyweapon;  Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code;
 Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person;
 Grand theft involving a firearm;
 Carjacking;
 Any felony offense, which would also constitute a felony violation of Section186.22;  Assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220;
 Throwing acid or flammable substances, in violation of Section 244;  Assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245;  Assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Section 245.2, 245.3, or 245.5;  Discharge of a firearmat an inhabited dwelling, vehicle, or aircraft, in violation of Section 246;
October 24, 2023 Regular Meeting of the Lindsay City Council