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 January 09, 2024, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087. Those who would like to make a public comment during the public comment portion of the agenda may do so by utilizing the raise hand feature or indicating they would like to make a comment in the chat.
Persons with disabilities who may need assistance should contact the City Clerk prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].
1. CALL TO ORDER
2. PLEDGE
Led by Mayor Pro Tem 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. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
8.1 Minutes from December 12, 2023, Regular Meeting (pp. 4 – 9)
8.2 Warrant List for December 04, 2023, through December 31, 2024 (pp. 10 – 21)
8.3 Treasurer’s Report for December 2023 (p. 22)
January 09, 2024 Regular Meeting of the Lindsay City Council
8.4 Consider the Approval of Resolution No. 24-01, A Resolution of the City Council of the City of Lindsay Authorizing the Director of City Services & Planning to Engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services Regarding Grants for Which the City has Applied and Any Documents Thereto (pp. 23 – 41)
8.5 Consider the Approval of Resolution No. 24-02, A Resolution of the City Council of the City of Lindsay Approving a New Salary Schedule in Compliance with California State Mandated Minimum Wage and Minimum Salary Law Effective January 01, 2024 as well as the Lindsay City Employees’ Association Base Wage Increase Effective the First Full Pay Period including January 01, 2024, Approved via Resolution No. 23-33 (pp. 42 – 48)
9. DISCUSSION ITEM(S)
9.1 Review & Discussion of City Council Handbook (pp. 49 – 152) Requested by Mayor Cerros
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
9.2 Formation of Economic Development Ad-Hoc Committee (p. 153) Requested by Mayor Cerros
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
9.3 Update on Bike Lanes in Lindsay
Requested by Mayor Cerros
Presented by Neyba Amezcua, Director of City Services & Planning
9.4 Update on Hermosa Street & Westwood Avenue Roundabout Sign Requested by Mayor Cerros
Presented by Neyba Amezcua, Director of City Services & Planning
10. ACTION ITEM(S)
10.1 Review Existing Appointments and Consider the Approval of Appointment of Council Member Representatives to Boards, Agencies, and Committees (pp. 154 – 156) Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
11. EXECUTIVE (CLOSED) SESSION
11.1 Public Employee Performance Evaluation
Pursuant to Cal Gov. Code §54957
Title: Acting City Manager
January 09, 2024 Regular Meeting of the Lindsay City Council
11.2 Public Employment
Pursuant to Cal Gov. Code §54957
Title: Interim City Manager
12. 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.
13. 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 January 23, 2024.
January 09, 2024 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 December 12, 2023, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087. Those who would like to make a public comment during the public comment portion of the agenda may do so by utilizing the raise hand feature or indicating they would like to make a comment in the chat.
Persons with disabilities who may need assistance should contact the City Clerk prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].
1. CALL TO ORDER
2. PLEDGE
Led by Mayor CERROS.
3. ROLL CALL
Present Mayor Cerros
Mayor Pro Tem Flores
Council Member Sanchez
Council Member Serna
Council Member Caudillo
4. CITY COUNCIL REORGANIZATION
4.1 Selection of Mayor Pro Tem for a One-Year Term Commencing on December 12, 2023 (p. 5)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager • Nomination made for Council Member SERNA.
• Nomination accepted by Council Member SERNA.
• No further nominations were made.
Motion to Appoint Council Member SERNA as Mayor Pro Tem 1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SERNA (5-0) AYE AYE AYE AYE AYE
January 09, 2024 Regular Meeting of the Lindsay City Council
5. APPROVAL OF AGENDA
Motion to Approve Agenda
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SERNA (5-0) AYE AYE AYE AYE AYE
6. PUBLIC COMMENT
The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via email. Public comments received via email will be distributed to the Council prior to the start of the meeting and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time. • Valeriano Saucedo asked if the public would be provided the opportunity to provide a public comment on Ordinance No. 614. CITY CLERK confirmed that yes, the public would have the opportunity during the public hearing portion of tonight’s agenda.
7. COUNCIL REPORT
• Council Member SANCHEZ stated that it is good to see everyone, thanked everyone for their attendance, enjoyed the holiday lighting ceremony, enjoyed santa night, and had no further report. • Council Member CAUDILLO attended the Mid Valley Luncheon, learned a lot at said luncheon, and very much enjoyed the event.
• Council Member FLORES attended the Christmas parade, thanked all donors and those who were involved in the event.
• Mayor Pro Tem SERNA wished everyone a happy holiday, attended the Christmas parade and was impressed with the entries, attended womens hospital guild event, attended the Mid Valley luncheon, will be attending the high schools posada.
• Mayor CERROS, thanked Virginia Loya and all her partners for the successful Christmas parade, attended the Rotary pancake breakfast, congratulated Lindsay High School sports teams for making it to Nationals.
8. CITY MANAGER REPORT
• CITY MANAGER reported that there are three (3) busy weeks of holiday events as well as a number of partnerships underway and it will only keep going. • CITY MANAGER reported that the holiday lighting ceremony was a big success and thanked all partners.
• CITY MANAGER informed that the Wellness Center will be on 12/13/23.
January 09, 2024 Regular Meeting of the Lindsay City Council
• CITY MANAGER informed that the city is currently in the process of updating its recreation management software.
• CITY MANAGER reported that the Pool Manager will begin on 12/26/23. • CITY MANAGER informed that the new Deputy Director of City Services now began and her name is Edelma Gonzalez.
9. PRESENTATION ITEM(S)
9.1 Lindsay High School Associated Student Body (ASB) Representative Update Presented by Daisy Andrade-Lemus, Lindsay High School ASB Representative
10. RECOGNITION ITEMS
10.1 Proclamation in Honor of Santa Night (p. 6)
Presented by Mayor Cerros
Presented to Lindsay Police Officer’s Association (LPOA)
10.2 Badge Pinning of Corporal Adam Romero
Presented by Chief Rick Carrillo, Director of Public Safety
10.3 Medal of Valor Presentation for Public Safety Officer Bruce Fox Presented by Chief Rick Carrillo, Director of Public Safety
11. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
11.1 Minutes from November 14, 2023, Regular Meeting (pp. 7 – 11)
11.2 Warrant List for November 06, 2023 through December 03, 2023(pp. 12 – 26)
11.3 Treasurer’s Report for November 2023 (p. 27)
11.4 Consider the Minute Order Approval of the City Council Regular Meeting Schedule for January – December 2024 (pp. 28 – 29)
11.5 Consider the Minute Order Approval of New City of Lindsay Alternate Representative to the Tulare County Economic Development Corporation Board of Directors (p. 30)
11.6 Consider the Approval of Resolution No. 23-47, A Resolution of the City Council of the City of Lindsay Nominating City of Visalia Council Member Elizabeth Wynn to the Special City Selection Committee for Appointment to the District Governing Board (pp. 31 – 39)
11.7 Consider the Minute Order Approval of Amendments to the City of Lindsay Finance and Accounting Policies and Procedures (pp. 40 – 237)
Motion to Approve Consent Calendar
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
January 09, 2024 Regular Meeting of the Lindsay City Council
CERROS FLORES (5-0) AYE AYE AYE AYE AYE
12. DISCUSSION ITEM(S)
12.1 Discussion Regarding Awarding the Construction Contract for the Olive Bowl/Kaku Park Expansion Revision No. 1 Project and Financial Update (pp. 238 – 242) Presented by Neyba Amezcua, Director of City Services & Planning and Salvador Guzman, Director of Finance
• Public comment from Lupe Seguera. Seguera proposed surveillance be installed around the area of the homes. Recommends brick wall around mobile homes.
13. ACTION ITEM(S)
13.1 Consider Approval of Resolution No. 23-48, A Resolution of the City Council of the City of Lindsay Declaring the City Manager to Take Actions Necessary to Finance a Portion of the Costs of Improvements to Olive Bowl/Kaku Park (pp. 243 – 247) Presented by Salvador Guzman, Director of Finance
• No action taken on this item.
13.2 Consider the Approval of Resolution No. 23-49, A Resolution of the City Council of the City of Lindsay Adopting a Debt Management Policy (pp. 248 – 256) Presented by Salvador Guzman, Director of Finance
• No action taken on this item.
13.3 Consider Extension of Professional Services Agreement to Provide Professional Consulting & Related Services by and Between Retail Strategies LLC and the City of Lindsay (pp. 257 – 272)
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager • Public comment from Mercy Herrera. Herrera stated that she hasn’t seen real change in the City based on this contract in in 2 years in the contract.
• No action taken on this item.
13.4 Consider Council Member City Water Ad-Hoc Committee Representative Re-Appointment (pp. 273 – 276)
Item Requested by Mayor Cerros
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager Motion to Approve Appointment of Mayor CERROS In Place of Council Member FLORES to the City Water Ad Hoc Committee
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
January 09, 2024 Regular Meeting of the Lindsay City Council
SERNA CAUDILLO (5-0) AYE AYE AYE AYE AYE
14. PUBLIC HEARING(S)
14.1 First Reading of Ordinance No. 614, An Ordinance of the City Council of the City of Lindsay Adopting a Cannabis Combined Zoning District, Allowing Cannabis Retail Within the Newly Created Boundaries in the Downtown Area, Amending the Lindsay Zoning Map as Adopted by Ordinance No. 437, Amending Section 18.02.010, Enacting Section
18.12.030, and Amending Section 5.28.040 of the Linday Municipal Code, Pertaining to Cannabis Retail Dispensaries, Finding that Said Ordinance is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15060(c)(2), 15061(b)(3), and 15378(b)(2), and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 277 – 286) Presented by Araceli Mejia, Assistant City Planner
• Mayor opened public hearing at 7:43 PM.
• Public comment from Valeriano Saucedo. Saucedo stated his opposition to the Ordinance and expension of cannabis operations in the City.
• Public comment from individual by the name of Jessica. Stated her opposition to the Ordinance, and cannabis operations.
• Public comment from Anahi Lopez. Requested and additional public hearing be held on the Ordinance and a Spanish translator.
• Public comment from Roxanne Serna. Stated that she understands the City’s needs for revenue but feels as though it will encourage youth to smoke marijuana. Informed regarding a Cigar shop she believes is not in compliance with current regulations. • Public comment from Yolanda Alvarez. Alvarez stated for her opposition to Ordinance No. 614. • Public comment from individual named Maria. Stated her opposition to Ordinance No. 614, feels as though it would make Lindsay less beautiful.
• Public comment from Lupe Siguero. Stated her opposition for Ordinance No. 614, doesn’t want it to have a second reading.
• Public comment from Mercy Herrera. States her opposition for Ordinance No. 614, does not want the cannabis zone to be extended.
• Public comment from Maria Escalera. Stated oppositioin for Ordinance No. 614, worries about marijuana being so accessible.
January 09, 2024 Regular Meeting of the Lindsay City Council
• Public comment from Maria Montana. Stated opposition for Ordinance No. 614. Stated her worries about secondhand smoke.
• Mayor closed the public hearing at 8:08 PM.
• No action was taken on this item.
15. EXECUTIVE (CLOSED) SESSION
15.1 Public Employee Appointment
Pursuant to Cal Gov. Code §54957
Title: Acting City Manager
15.2 Public Employee Performance Evaluation
Pursuant to Cal Gov. Code §54957
Title: City Attorney
• No report out of closed session.
16. REQUEST FOR FUTURE ITEMS
Council requests for future agenda items, can be called for by any Councilmember during the ‘Request for Future Items’ section of a regular meeting. Immediately following the request of an item, a vote will be taken on the item. If a majority of the City Council supports further study of the item, then a full staff analysis will be prepared within a reasonable time as determined by the City Manager unless otherwise directed by a majority of the City Council.
Discussion shall be limited to whether an item should be added to an agenda, not the merit of the item. • No requests for future items.
17. 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 January 09, 2024. • Meeting was adjourned at 8:49 PM.
January 09, 2024 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY | WARRANT LIST 12/31/2023
TRANSACTION DATES: 12/04/2023 THROUGH 12/31/2023
Check# Fund Date Vendor # Vendor Name Description Amount 24991 $1,029.94
101 - GENERAL FUND 12/11/23 2873 ADVANTAGE ANSWERING 12/1/23-12/31/23 205.99 101 - GENERAL FUND 12/11/23 2873 ADVANTAGE ANSWERING 12/1/23-12/31/23 205.99 552 - WATER 12/11/23 2873 ADVANTAGE ANSWERING 12/1/23-12/31/23 205.99 553 - SEWER 12/11/23 2873 ADVANTAGE ANSWERING 12/1/23-12/31/23 205.99 554 - REFUSE 12/11/23 2873 ADVANTAGE ANSWERING 12/1/23-12/31/23 205.98 24992 $2,024.14
101 - GENERAL FUND 12/11/23 6907 ALL VALLEY UNIFORMS 3 NAME PLATES 52.41 101 - GENERAL FUND 12/11/23 6907 ALL VALLEY UNIFORMS AJEJANDRO C-UNIFORM 494.85 101 - GENERAL FUND 12/11/23 6907 ALL VALLEY UNIFORMS DINO R-UNIFORM 494.85 101 - GENERAL FUND 12/11/23 6907 ALL VALLEY UNIFORMS GUADALUPE C-UNIFORM 494.85 101 - GENERAL FUND 12/11/23 6907 ALL VALLEY UNIFORMS MARIA S-PANTS,NAME 268.73 101 - GENERAL FUND 12/11/23 6907 ALL VALLEY UNIFORMS PS POLOS 218.45 24993 $15.00
101 - GENERAL FUND 12/11/23 6362 AMERICAN BUSINESS M HR-#18214 TONER 7.50 101 - GENERAL FUND 12/11/23 6362 AMERICAN BUSINESS M CC-#18214 TONER 7.50 24994 $956.24
101 - GENERAL FUND 12/11/23 6600 AMERICAN HERITAGE L DEC. ACCIDENT PLAN 956.24 24995 $175.00
400 - WELLNESS CENTER 12/11/23 6950 ANA CARRETERO NOV. ZUMBA CLASSES 175.00 24996 $100.00
400 - WELLNESS CENTER 12/11/23 6097 ANGELICA BERMUDEZ NOV. ZUMBA CLASSES 100.00 24997 $150.00
400 - WELLNESS CENTER 12/11/23 5819 ANITA GUTIERREZ NOV. ZUMBA CLASSES 150.00 24998 $2,149.94
553 - SEWER 12/11/23 5493 AQUA NATURAL SOLUTI SEWER ODOR CONTROL 2,149.94 24999 $55.08
101 - GENERAL FUND 12/11/23 5457 AUTO ZONE COMMERCIA LIGHT BULB 17.72 101 - GENERAL FUND 12/11/23 5457 AUTO ZONE COMMERCIA OIL MIX,CAR WASH SU 37.36 25000 $2,250.00
101 - GENERAL FUND 12/11/23 6689 BUILDING MAINTENANCE NOV 2023 CLEANING SERVICE 321.42 101 - GENERAL FUND 12/11/23 6689 BUILDING MAINTENANCE NOV 2023 CLEANING SERVICE 321.43 101 - GENERAL FUND 12/11/23 6689 BUILDING MAINTENANCE NOV 2023 CLEANING SERVICE 321.43 101 - GENERAL FUND 12/11/23 6689 BUILDING MAINTENANCE NOV 2023 CLEANING SERVICE 321.43 552 - WATER 12/11/23 6689 BUILDING MAINTENANCE NOV 2023 CLEANING SERVICE 321.43 553 - SEWER 12/11/23 6689 BUILDING MAINTENANCE NOV 2023 CLEANING SERVICE 321.43 554 - REFUSE 12/11/23 6689 BUILDING MAINTENANCE NOV 2023 CLEANING SERVICE 321.43 25001 $87.00
400 - WELLNESS CENTER 12/11/23 5013 BUZZ KILL PEST CONT W.C.-PEST CONTROL 87.00 25002 $1,475.65
101 - GENERAL FUND 12/11/23 076 CENTRAL VALLEY BUSI JOSEPH TANNER-BUSINESS CARDS 186.81 101 - GENERAL FUND 12/11/23 076 CENTRAL VALLEY BUSI MISC. RECEIPT BOOKS 322.21 101 - GENERAL FUND 12/11/23 076 CENTRAL VALLEY BUSI MISC. RECEIPT BOOKS 322.21 101 - GENERAL FUND 12/11/23 076 CENTRAL VALLEY BUSI MISC. RECEIPT BOOKS 322.21 400 - WELLNESS CENTER 12/11/23 076 CENTRAL VALLEY BUSI MISC. RECEIPT BOOKS 322.21 25003 $221.00
101 - GENERAL FUND 12/11/23 3425 CITY OF FRESNO CADET#158-64 J. CER 221.00 25004 $975.00
400 - WELLNESS CENTER 12/11/23 6090 CLEAN CUT LANDSCAPE WC-NOV 2023 LANDSCAPE 975.00 25005 $2,332.32
101 - GENERAL FUND 12/11/23 6672 COLBY'S TIRE,TOWING LIC#1342693IDLER PU 384.67 101 - GENERAL FUND 12/11/23 6672 COLBY'S TIRE,TOWING LIC#1366706 BATTERY 240.36 101 - GENERAL FUND 12/11/23 6672 COLBY'S TIRE,TOWING LIC#1366732WINDOW R 415.69 101 - GENERAL FUND 12/11/23 6672 COLBY'S TIRE,TOWING LIC#1400762 IDLER P 101.07 101 - GENERAL FUND 12/11/23 6672 COLBY'S TIRE,TOWING LIC#1400762COOLANT& 68.14 101 - GENERAL FUND 12/11/23 6672 COLBY'S TIRE,TOWING LIC#1405530TIRE&MOU 284.31 101 - GENERAL FUND 12/11/23 6672 COLBY'S TIRE,TOWING LIC#1405531TIRE&MOU 838.08 25006 $1,685.70
101 - GENERAL FUND 12/11/23 4567 COUNTY OF TULARE IT INSTALL RADIO&LIGHT 1,685.70 25007 $253.25
101 - GENERAL FUND 12/11/23 102 CULLIGAN CM-#53249 NOV. 10.50 101 - GENERAL FUND 12/11/23 102 CULLIGAN FD-#53249 NOV. 45.00 101 - GENERAL FUND 12/11/23 102 CULLIGAN PS#55962 185 N GALE 156.00 101 - GENERAL FUND 12/11/23 102 CULLIGAN HR-#53249 NOV. 10.50 400 - WELLNESS CENTER 12/11/23 102 CULLIGAN WC-#178442 NOVEMBER 31.25 25008 $850.00
552 - WATER 12/11/23 6118 CVIN LLC D.B.A. VAS 12/1/23-12/31/23 283.34 553 - SEWER 12/11/23 6118 CVIN LLC D.B.A. VAS 12/1/23-12/31/23 283.33 554 - REFUSE 12/11/23 6118 CVIN LLC D.B.A. VAS 12/1/23-12/31/23 283.33 January 09, 2024 Regular Meeting of the Lindsay City Council
25009 $800.00
600 - CAPITAL IMPROVEMENT 12/11/23 7187 DC INSPECTIONS INC LINDA VISTA-COMPACT 800.00 25010 $696.59
261 - GAS TAX FUND 12/11/23 113 DEPT OF TRANSPORTAT JULY-SEP SIGNAL&LIGTING 696.59 25011 $325.00
400 - WELLNESS CENTER 12/11/23 6973 ELIZABETH GUND NOV-YOGA,RESET&REWI 325.00 25012 $229.61
101 - GENERAL FUND 12/11/23 633 ENTENMANN-ROVIN CO MEDAL OF VALOR,RIBB 229.61 25013 $64.37
101 - GENERAL FUND 12/11/23 1450 FRESNO OXYGEN & WEL D,E,SML,MED CYLINDE 64.37 25014 $111.64
553 - SEWER 12/11/23 6010 FRONTIER COMMUNICAT 559-562-6317 111.64 25015 $1,119.02
101 - GENERAL FUND 12/11/23 148 GOMEZ AUTO & SMOG LIC#1342693WINDOW M 342.68 101 - GENERAL FUND 12/11/23 148 GOMEZ AUTO & SMOG LIC#1366864 OIL CHA 76.99 101 - GENERAL FUND 12/11/23 148 GOMEZ AUTO & SMOG LIC#1400762 AC BLOW 320.68 101 - GENERAL FUND 12/11/23 148 GOMEZ AUTO & SMOG LIC#1606856 BATTERY 291.68 101 - GENERAL FUND 12/11/23 148 GOMEZ AUTO & SMOG LIC#1640485 OIL CHA 86.99 25016 $606.88
101 - GENERAL FUND 12/11/23 151 GRAINGER INC WEIGHTS TAILGATER 44.77 552 - WATER 12/11/23 151 GRAINGER INC PIPE SHUT OFF TOOL 562.11 25017 $8,246.40
101 - GENERAL FUND 12/11/23 5647 GRISWOLD,LASALLE,CO #22752.002-CITY SERVICE 1,743.75 101 - GENERAL FUND 12/11/23 5647 GRISWOLD,LASALLE,CO #22752.003-CITY COUNCIL 1,813.75 101 - GENERAL FUND 12/11/23 5647 GRISWOLD,LASALLE,CO #22752.004-FD 618.75 101 - GENERAL FUND 12/11/23 5647 GRISWOLD,LASALLE,CO #22752.005-POLICE DEPT. 1,081.40 101 - GENERAL FUND 12/11/23 5647 GRISWOLD,LASALLE,CO #22752.006-CITY CLERK 1,181.25 101 - GENERAL FUND 12/11/23 5647 GRISWOLD,LASALLE,CO #22752.007-CITY MANANGER 570.00 101 - GENERAL FUND 12/11/23 5647 GRISWOLD,LASALLE,CO #22752.009-LABO RELATIONS 952.50 101 - GENERAL FUND 12/11/23 5647 GRISWOLD,LASALLE,CO #22752.012-PLANNING 285.00 25018 $1,885.21
552 - WATER 12/11/23 7186 JAGJIT DHILLON METER FEE (102.55) 552 - WATER 12/11/23 7186 JAGJIT DHILLON WATER CHARGES (12.24) 552 - WATER 12/11/23 7186 JAGJIT DHILLON WATER METER DEPOSIT 2,000.00 25019 $24,862.35
101 - GENERAL FUND 12/11/23 6563 KAYLOR LANDSCAPE XMAS DECOR & LIGHTS 24,862.35 25020 $884.77
101 - GENERAL FUND 12/11/23 4067 LINCOLN NAT'L INSUR DEC. 2023 LIFE PLAN 884.77 25021 $80.00
101 - GENERAL FUND 12/11/23 5424 LINDSAY VETERINARY 11/30/23 ANIMAL SVC 80.00 25022 $1,800.00
400 - WELLNESS CENTER 12/11/23 6260 LLEON SERVICES WC-CHEMICAL BALANCING 1,800.00 25023 $200.00
400 - WELLNESS CENTER 12/11/23 6599 MARIA EDWARDS NOV. ZUMBA CLASSES 200.00 25024 $1,606.39
101 - GENERAL FUND 12/11/23 6550 MARIO SAGREDO ELECT CITY PARK LIGHTS 1,317.97 553 - SEWER 12/11/23 6550 MARIO SAGREDO ELECT EL RANCHO LIFT STATION 288.42 25025 $945.56
101 - GENERAL FUND 12/11/23 7174 MARISCOS EL CHAPARR ANNUAL HOLIDAY DINNER 945.56 25026 $50.00
400 - WELLNESS CENTER 12/11/23 6807 MARISOL DIAZ VELASQ NOV. ZUMBA CLASSES 50.00 25027 $4,468.86
600 - CAPITAL IMPROVEMENT 12/11/23 6639 MOORE IACOFANO GOLT OLIVE BOWL AAS#1 4,468.86 25028 $523.75
101 - GENERAL FUND 12/11/23 5625 NGLIC-SUPERIOR VISI DEC. 2023 VISION PLAN 523.75 25029 $13.95
101 - GENERAL FUND 12/11/23 1565 OACYS.COM INC DOMAIN PARKING & DN 13.95 25030 $297.00
101 - GENERAL FUND 12/11/23 3260 PACIFIC EMPLOYERS QTRLY MEMBERSHIP DUES 297.00 25031 $2,400.62
552 - WATER 12/11/23 6498 PACWEST DIRECT 11/8/23DELINQUENT BILL PRINT 274.44 552 - WATER 12/11/23 6498 PACWEST DIRECT 11/8/23UB LASER PRINT 925.87 553 - SEWER 12/11/23 6498 PACWEST DIRECT 11/8/23DELINQUENT BILL PRINT 274.44 553 - SEWER 12/11/23 6498 PACWEST DIRECT 11/8/23UB LASER PRINT 925.87 25032 $3,932.50
600 - CAPITAL IMPROVEMENT 12/11/23 4618 PROVOST & PRITCHARD TULARE&FOOTHILL INT 2,354.20 600 - CAPITAL IMPROVEMENT 12/11/23 4618 PROVOST & PRITCHARD VARIOUS RD IMPROVEM 1,578.30 25033 $277.49
101 - GENERAL FUND 12/11/23 285 QUILL CORPORATION LIPTON TEA 10.82 101 - GENERAL FUND 12/11/23 285 QUILL CORPORATION PENS,GREEN TEA,MARK 104.55 400 - WELLNESS CENTER 12/11/23 285 QUILL CORPORATION TRASH BAGS,COFFEE 162.12 25034 $5,000.00
552 - WATER 12/11/23 6095 RALPH GUTIERREZ WAT NOV. CPO WATER TREATMENT 2,500.00 553 - SEWER 12/11/23 6095 RALPH GUTIERREZ WAT NOV. CPO SEWER TREATMENT 2,500.00 January 09, 2024 Regular Meeting of the Lindsay City Council
25035 $165.00
400 - WELLNESS CENTER 12/11/23 3622 RLH FIRE PROTECTION WC-FIRE SPR INSPECT 165.00 25036 $6,236.16
101 - GENERAL FUND 12/11/23 7184 ROOX AGENCY BOOKLET PRINTING 6,236.16 25037 $30.00
400 - WELLNESS CENTER 12/11/23 6664 ROTARY CLUB OF LIND RED POLO 30.00 25038 $88.00
101 - GENERAL FUND 12/11/23 3719 SANTA ROSA JUNIOR C SID#878238392 B. FO 88.00 25039 $59.81
101 - GENERAL FUND 12/11/23 298 SAVE MART SUPERMARK SNACKS FOR OPEN ENROLLMENT 24.48 101 - GENERAL FUND 12/11/23 298 SAVE MART SUPERMARK DRINKS FOR CONFERENCE 35.33 25040 $240.00
101 - GENERAL FUND 12/11/23 302 SEQUOIA TOWING LIC#1405530 TOW SVC 120.00 101 - GENERAL FUND 12/11/23 302 SEQUOIA TOWING LIC#1405531 TOW SVC 120.00 25041 $200.00
400 - WELLNESS CENTER 12/11/23 3208 SHANNON PATTERSON NOV. STRENGTH&BALAN 200.00 25042 $164.77
101 - GENERAL FUND 12/11/23 1776 SMART & FINAL RIB COOKOFF 164.77 25043 $37,408.23
101 - GENERAL FUND 12/11/23 310 SOUTHERN CA. EDISON 600001505934 286.63 101 - GENERAL FUND 12/11/23 310 SOUTHERN CA. EDISON 600001505934 1,400.99 101 - GENERAL FUND 12/11/23 310 SOUTHERN CA. EDISON 600001505934 1,238.55 101 - GENERAL FUND 12/11/23 310 SOUTHERN CA. EDISON 600001505934 (99.94) 101 - GENERAL FUND 12/11/23 310 SOUTHERN CA. EDISON 600001505934 980.91 261 - GAS TAX FUND 12/11/23 310 SOUTHERN CA. EDISON 113 W HICKORY 40.93 261 - GAS TAX FUND 12/11/23 310 SOUTHERN CA. EDISON 1250 PARKSIDE AVE I 0.51 261 - GAS TAX FUND 12/11/23 310 SOUTHERN CA. EDISON 600001505934 6,114.39 552 - WATER 12/11/23 310 SOUTHERN CA. EDISON 600001505934 20,192.63 553 - SEWER 12/11/23 310 SOUTHERN CA. EDISON 600001505934 (76.35) 553 - SEWER 12/11/23 310 SOUTHERN CA. EDISON WWTP-23611 RD 196 6,292.79 556 - VITA-PAKT 12/11/23 310 SOUTHERN CA. EDISON 600001505934 52.55 883 - SIERRA VIEW ASSESSMENT 12/11/23 310 SOUTHERN CA. EDISON 600001505934 143.38 884 - HERITAGE ASSESSMENT DIST 12/11/23 310 SOUTHERN CA. EDISON 600001505934 24.09 886 - SAMOA 12/11/23 310 SOUTHERN CA. EDISON 600001505934 (34.01) 887 - SWEETBRIER TOWNHOUSES 12/11/23 310 SOUTHERN CA. EDISON 600001505934 27.14 888 - PARKSIDE 12/11/23 310 SOUTHERN CA. EDISON 600001505934 23.81 889 - SIERRA VISTA ASSESSMENT 12/11/23 310 SOUTHERN CA. EDISON 600001505934 204.24 890 - MAPLE VALLEY ASSESSMENT 12/11/23 310 SOUTHERN CA. EDISON 600001505934 102.23 891 - PELOUS RANCH 12/11/23 310 SOUTHERN CA. EDISON 600001505934 492.76 25044 $910.62
779 - 00-HOME-0487 12/11/23 3634 STATE FARM S.PEREZ 417 MEMORY-INSURANCE 910.62 25045 $5,195.00
400 - WELLNESS CENTER 12/11/23 7185 T.E.Z PLUMBING WC-INTALL WATER SOF 5,195.00 25046 $533.10
101 - GENERAL FUND 12/11/23 144 THE GAS COMPANY 139 N SWEETBRIAR BB 19.20 400 - WELLNESS CENTER 12/11/23 144 THE GAS COMPANY 740 SEQUOIA-BLDG 513.90 25047 $367.35
400 - WELLNESS CENTER 12/11/23 3396 TK ELEVATOR CORPORA WC-FULL MAINTENANCE 367.35 25048 $285.00
101 - GENERAL FUND 12/11/23 6123 TOW PRO F633B1-EVIDENCE TOW 285.00 25049 $591.46
101 - GENERAL FUND 12/11/23 1513 UNITED RENTALS, INC LIME MESH VEST 58.30 101 - GENERAL FUND 12/11/23 1513 UNITED RENTALS, INC DIAMOND BIT CORE 6" 299.97 101 - GENERAL FUND 12/11/23 1513 UNITED RENTALS, INC LIME MESH VEST 58.30 552 - WATER 12/11/23 1513 UNITED RENTALS, INC LIME MESH VEST 58.30 553 - SEWER 12/11/23 1513 UNITED RENTALS, INC LIME MESH VEST 58.30 554 - REFUSE 12/11/23 1513 UNITED RENTALS, INC LIME MESH VEST 58.29 25050 $2,142.72
101 - GENERAL FUND 12/11/23 5747 USA STAFFING INC. 11/26/23 FD-MARIA M 133.92 101 - GENERAL FUND 12/11/23 5747 USA STAFFING INC. 11/19/23 PS-DANA G. 892.80 101 - GENERAL FUND 12/11/23 5747 USA STAFFING INC. 11/26/23 PS-DANA G. 714.24 552 - WATER 12/11/23 5747 USA STAFFING INC. 11/26/23 FD-MARIA M 133.92 553 - SEWER 12/11/23 5747 USA STAFFING INC. 11/26/23 FD-MARIA M 133.92 554 - REFUSE 12/11/23 5747 USA STAFFING INC. 11/26/23 FD-MARIA M 133.92 25051 $1,864.08
101 - GENERAL FUND 12/11/23 368 VOLLMER EXCAVATION, TRUCK LOAD OF SAND 1,864.08 25052 $75.00
400 - WELLNESS CENTER 12/11/23 5912 YVETTE DURAN NOV. POUND CLASSES 75.00 25053 $12,350.00
306 - COVID-19 ARPA FUND 12/11/23 6805 RESOURCE ENVIRONMEN HONOLULU-DEMOLITION 12,350.00 25054 $387.85
101 - GENERAL FUND 12/15/23 4660 CITY OF LINDSAY DED:052 WELLNESS 37.85 101 - GENERAL FUND 12/15/23 4660 CITY OF LINDSAY DED:CDBG CDBG PMT 350.00 January 09, 2024 Regular Meeting of the Lindsay City Council
25055 $485.72
101 - GENERAL FUND 12/15/23 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 485.72 25056 $297.40
101 - GENERAL FUND 12/15/23 3192 SEIU LOCAL 521 DED:COPE COPE SEIU 1.00 101 - GENERAL FUND 12/15/23 3192 SEIU LOCAL 521 DED:DUES UNION DUES 296.40 25057 $21,993.26
101 - GENERAL FUND 12/15/23 6452 GREAT-WEST TRUST DED:0500 DEF COMP 3,043.80 101 - GENERAL FUND 12/15/23 6452 GREAT-WEST TRUST DED:0555 DC LOANPAY 1,279.83 101 - GENERAL FUND 12/15/23 6452 GREAT-WEST TRUST DED:151 DEFERCOMP 17,178.94 101 - GENERAL FUND 12/15/23 6452 GREAT-WEST TRUST DED:ROTH ROTH 490.69 25058 $41.58
101 - GENERAL FUND 12/15/23 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 41.58 25059 $85.36
101 - GENERAL FUND 12/15/23 6246 MCDERMONT VENTURE I DED:051 MCDERMONT 85.36 25060 $62.76
101 - GENERAL FUND 12/15/23 3042 STATE DISBURSEMENT DED:0512 CHILD SUPT 62.76 25061 $435.70
101 - GENERAL FUND 12/15/23 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 435.70 25062 $292.68
400 - WELLNESS CENTER 12/21/23 7168 2MARKET VISUALS WC-DOOR LETTERING 292.68 25063 $38.95
101 - GENERAL FUND 12/21/23 7190 3DECALS RED ON WHITE DECALS 38.95 25064 $938.00
101 - GENERAL FUND 12/21/23 6504 ADVENTIST HEALTH TO NOV. TOXICOLOGY SVC 938.00 25065 $439.43
101 - GENERAL FUND 12/21/23 007 AG IRRIGATION SALES COUPLING,GLUE,PRIME 80.68 101 - GENERAL FUND 12/21/23 007 AG IRRIGATION SALES DUAL PLUG,STREAM ST 9.50 101 - GENERAL FUND 12/21/23 007 AG IRRIGATION SALES SPRINKLER, NIPPLE T 55.48 400 - WELLNESS CENTER 12/21/23 007 AG IRRIGATION SALES W.C.-VAC SOLENOID 11.23 553 - SEWER 12/21/23 007 AG IRRIGATION SALES WW-PRIMER,GLUE,VALV 282.54 25066 $1,500.00
101 - GENERAL FUND 12/21/23 6717 ALL TRAFFIC SOLUTIO APP,TRAFFIC SUITE,M 1,500.00 25067 $502.53
101 - GENERAL FUND 12/21/23 6907 ALL VALLEY UNIFORMS 23/24 VFC PANTS 502.53 25068 $490.00
779 - 00-HOME-0487 12/21/23 5644 AMERICAN BANKERS IN A. ANDRADE 87057287 490.00 25069 $107.67
101 - GENERAL FUND 12/21/23 6362 AMERICAN BUSINESS M P.S.-#17685 TONER 15.00 101 - GENERAL FUND 12/21/23 6362 AMERICAN BUSINESS M REPLACED CUTTER TAB 92.67 25070 $1,210.00
101 - GENERAL FUND 12/21/23 3898 AMERICAN INCORPORAT P.S.-S/A HVAC PM SV 295.00 101 - GENERAL FUND 12/21/23 3898 AMERICAN INCORPORAT CS-S/A HVAC PM SVC 295.00 101 - GENERAL FUND 12/21/23 3898 AMERICAN INCORPORAT SR CENTER-HVAC SVC 450.00 553 - SEWER 12/21/23 3898 AMERICAN INCORPORAT WWTP-S/A HVAC PM SV 170.00 25071 $1,106.00
101 - GENERAL FUND 12/21/23 2323 ANDERSON FAMILY BUS CM#50220202 JUNE-NO 30.00 101 - GENERAL FUND 12/21/23 2323 ANDERSON FAMILY BUS FD#50220268 JUNE-NO 6.00 101 - GENERAL FUND 12/21/23 2323 ANDERSON FAMILY BUS PS#50220253 JUNE-NO 146.00 101 - GENERAL FUND 12/21/23 2323 ANDERSON FAMILY BUS PS#50289080 JUNE-NO 732.00 101 - GENERAL FUND 12/21/23 2323 ANDERSON FAMILY BUS CS#50220251 JUNE-NO 30.00 101 - GENERAL FUND 12/21/23 2323 ANDERSON FAMILY BUS CS#50220269 JUNE-NO 42.00 101 - GENERAL FUND 12/21/23 2323 ANDERSON FAMILY BUS CS#50220500 JUNE-NO 120.00 25072 $362.16
101 - GENERAL FUND 12/21/23 3428 AT&T MOBILITY 287297286867 DEC. 40.24 101 - GENERAL FUND 12/21/23 3428 AT&T MOBILITY 287297286867 DEC. 40.24 101 - GENERAL FUND 12/21/23 3428 AT&T MOBILITY 287297286867 DEC. 40.24 101 - GENERAL FUND 12/21/23 3428 AT&T MOBILITY 287297286867 DEC. 80.48 101 - GENERAL FUND 12/21/23 3428 AT&T MOBILITY 287297286867 DEC. 120.72 400 - WELLNESS CENTER 12/21/23 3428 AT&T MOBILITY 287297286867 DEC. 40.24 25073 $170.97
101 - GENERAL FUND 12/21/23 5457 AUTO ZONE COMMERCIA LIGHT TOWER#5 BATTE 128.14 101 - GENERAL FUND 12/21/23 5457 AUTO ZONE COMMERCIA LIGHT TOWER #5 CABL 19.83 101 - GENERAL FUND 12/21/23 5457 AUTO ZONE COMMERCIA TRUCK#5956 RECEIVER 23.00 25074 $671.15
101 - GENERAL FUND 12/21/23 5381 AWAKE SKATE SHOP XMAS PARADE BANNER 56.29 400 - WELLNESS CENTER 12/21/23 5381 AWAKE SKATE SHOP HOODIES & POLOS 614.86 25075 $9,504.88
552 - WATER 12/21/23 051 BSK 4TH QTR SPECIAL DBP 3,943.63 552 - WATER 12/21/23 051 BSK CRYPTOSPORIDIUM TES 2,470.00 552 - WATER 12/21/23 051 BSK DRINKING WATER TEST 1,777.50 553 - SEWER 12/21/23 051 BSK WASTE WATER WELL14& 810.00 556 - VITA-PAKT 12/21/23 051 BSK VITA-PAKT WASTE WAT 503.75 January 09, 2024 Regular Meeting of the Lindsay City Council
25076 $312.00
101 - GENERAL FUND 12/21/23 5013 BUZZ KILL PEST CONT 150 N MIRAGE 133.00 101 - GENERAL FUND 12/21/23 5013 BUZZ KILL PEST CONT 157 N MIRAGE 33.00 101 - GENERAL FUND 12/21/23 5013 BUZZ KILL PEST CONT 476 MT VERNON 50.00 886 - SAMOA 12/21/23 5013 BUZZ KILL PEST CONT SAMOA TOWN HOMES 43.00 887 - SWEETBRIER TOWNHOUSES 12/21/23 5013 BUZZ KILL PEST CONT HERMOSA TOWN HOMES 53.00 25077 $1,316.36
101 - GENERAL FUND 12/21/23 3271 CASCADE FIRE EQUIPM 23/24 VFC-GLOVES,HO 1,316.36 25078 $117.23
552 - WATER 12/21/23 7194 CASILLAS REBECA REFUND CLOSED UB AC 117.23 25079 $293.55
101 - GENERAL FUND 12/21/23 076 CENTRAL VALLEY BUSI WORK ORDER BOOKLETS 73.38 552 - WATER 12/21/23 076 CENTRAL VALLEY BUSI WORK ORDER BOOKLETS 73.39 553 - SEWER 12/21/23 076 CENTRAL VALLEY BUSI WORK ORDER BOOKLETS 73.39 554 - REFUSE 12/21/23 076 CENTRAL VALLEY BUSI WORK ORDER BOOKLETS 73.39 25080 $332.92
400 - WELLNESS CENTER 12/21/23 6500 CHARTER COMMUNICATI W.C. VOICE & INTERNET 332.92 25085 $2,856.47
101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION SCRAPER MAT 48.79 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION WELNESS AF ONYX 96.00 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION ZFOLD RFL PAPER,ONY 168.62 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION GRAY MAT,TOILET PAP 9.29 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION GRAY MATS,SCRAPER M 11.87 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION HAND SANITIZER STAN (116.51) 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION HOODED JACKETS 155.54 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,DUALT TP 38.87 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,MAT ONYX 38.04 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,SCRAPER MA 38.49 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,T/S COVERS 44.72 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,TP,MAT ONY 38.04 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION ZFOLD&DUAL RFL PAPE 46.97 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION GRAY MAT,TOILET PAP 9.30 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION GRAY MATS,SCRAPER M 11.86 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION HAND SANITIZER STAN (116.52) 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION HOODED JACKETS 155.54 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,DUALT TP 38.87 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,MAT ONYX 38.05 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,SCRAPER MA 38.49 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,T/S COVERS 44.72 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,TP,MAT ONY 38.05 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION ZFOLD&DUAL RFL PAPE 46.97 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION GRAY MAT,TOILET PAP 9.30 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION GRAY MATS,SCRAPER M 11.86 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION HAND SANITIZER STAN (116.52) 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION HOODED JACKETS 155.54 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,DUALT TP 38.87 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,MAT ONYX 38.05 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,SCRAPER MA 38.49 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,T/S COVERS 44.73 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION UNIFORMS,TP,MAT ONY 38.05 101 - GENERAL FUND 12/21/23 5832 CINTAS CORPORATION ZFOLD&DUAL RFL PAPE 46.97 400 - WELLNESS CENTER 12/21/23 5832 CINTAS CORPORATION BIO BASE FLOOR CLNR 94.94 400 - WELLNESS CENTER 12/21/23 5832 CINTAS CORPORATION DUALTP RFL PAPER 120.81 400 - WELLNESS CENTER 12/21/23 5832 CINTAS CORPORATION GLASS & SURFACE CLN 94.94 400 - WELLNESS CENTER 12/21/23 5832 CINTAS CORPORATION HRDWND WHT PAPER LR 94.94 552 - WATER 12/21/23 5832 CINTAS CORPORATION GRAY MAT,TOILET PAP 9.30 552 - WATER 12/21/23 5832 CINTAS CORPORATION GRAY MATS,SCRAPER M 11.86 552 - WATER 12/21/23 5832 CINTAS CORPORATION HAND SANITIZER STAN (116.52) 552 - WATER 12/21/23 5832 CINTAS CORPORATION HOODED JACKETS 155.55 552 - WATER 12/21/23 5832 CINTAS CORPORATION UNIFORMS,DUALT TP 38.88 552 - WATER 12/21/23 5832 CINTAS CORPORATION UNIFORMS,MAT ONYX 38.05 552 - WATER 12/21/23 5832 CINTAS CORPORATION UNIFORMS,SCRAPER MA 38.49 552 - WATER 12/21/23 5832 CINTAS CORPORATION UNIFORMS,T/S COVERS 44.73 552 - WATER 12/21/23 5832 CINTAS CORPORATION UNIFORMS,TP,MAT ONY 38.05 552 - WATER 12/21/23 5832 CINTAS CORPORATION ZFOLD&DUAL RFL PAPE 46.96 553 - SEWER 12/21/23 5832 CINTAS CORPORATION GRAY MAT,TOILET PAP 9.30 553 - SEWER 12/21/23 5832 CINTAS CORPORATION GRAY MATS,SCRAPER M 11.86 553 - SEWER 12/21/23 5832 CINTAS CORPORATION HAND SANITIZER STAN (116.52) 553 - SEWER 12/21/23 5832 CINTAS CORPORATION HOODED JACKETS 155.55 553 - SEWER 12/21/23 5832 CINTAS CORPORATION UNIFORMS,DUALT TP 38.88 553 - SEWER 12/21/23 5832 CINTAS CORPORATION UNIFORMS,MAT ONYX 38.05 553 - SEWER 12/21/23 5832 CINTAS CORPORATION UNIFORMS,SCRAPER MA 38.50 553 - SEWER 12/21/23 5832 CINTAS CORPORATION UNIFORMS,T/S COVERS 44.73 553 - SEWER 12/21/23 5832 CINTAS CORPORATION UNIFORMS,TP,MAT ONY 38.05 January 09, 2024 Regular Meeting of the Lindsay City Council
553 - SEWER 12/21/23 5832 CINTAS CORPORATION ZFOLD&DUAL RFL PAPE 46.96 554 - REFUSE 12/21/23 5832 CINTAS CORPORATION GRAY MAT,TOILET PAP 9.30 554 - REFUSE 12/21/23 5832 CINTAS CORPORATION GRAY MATS,SCRAPER M 11.86 554 - REFUSE 12/21/23 5832 CINTAS CORPORATION HAND SANITIZER STAN (116.52) 554 - REFUSE 12/21/23 5832 CINTAS CORPORATION HOODED JACKETS 155.55 554 - REFUSE 12/21/23 5832 CINTAS CORPORATION UNIFORMS,DUALT TP 38.88 554 - REFUSE 12/21/23 5832 CINTAS CORPORATION UNIFORMS,MAT ONYX 38.05 554 - REFUSE 12/21/23 5832 CINTAS CORPORATION UNIFORMS,SCRAPER MA 38.50 554 - REFUSE 12/21/23 5832 CINTAS CORPORATION UNIFORMS,T/S COVERS 44.73 554 - REFUSE 12/21/23 5832 CINTAS CORPORATION UNIFORMS,TP,MAT ONY 38.05 554 - REFUSE 12/21/23 5832 CINTAS CORPORATION ZFOLD&DUAL RFL PAPE 46.96 556 - VITA-PAKT 12/21/23 5832 CINTAS CORPORATION GRAY MAT,TOILET PAP 9.30 556 - VITA-PAKT 12/21/23 5832 CINTAS CORPORATION GRAY MATS,SCRAPER M 11.86 556 - VITA-PAKT 12/21/23 5832 CINTAS CORPORATION HAND SANITIZER STAN (116.52) 556 - VITA-PAKT 12/21/23 5832 CINTAS CORPORATION HOODED JACKETS 155.55 556 - VITA-PAKT 12/21/23 5832 CINTAS CORPORATION UNIFORMS,DUALT TP 38.88 556 - VITA-PAKT 12/21/23 5832 CINTAS CORPORATION UNIFORMS,MAT ONYX 38.05 556 - VITA-PAKT 12/21/23 5832 CINTAS CORPORATION UNIFORMS,SCRAPER MA 38.50 556 - VITA-PAKT 12/21/23 5832 CINTAS CORPORATION UNIFORMS,T/S COVERS 44.73 556 - VITA-PAKT 12/21/23 5832 CINTAS CORPORATION UNIFORMS,TP,MAT ONY 38.05 556 - VITA-PAKT 12/21/23 5832 CINTAS CORPORATION ZFOLD&DUAL RFL PAPE 46.97 25086 $828.00
101 - GENERAL FUND 12/21/23 279 CITY OF PORTERVILLE ANIMAL SERVICES 828.00 25087 $7,525.00
400 - WELLNESS CENTER 12/21/23 6090 CLEAN CUT LANDSCAPE WC-OCT. LANDSCAPE 975.00 883 - SIERRA VIEW ASSESSMENT 12/21/23 6090 CLEAN CUT LANDSCAPE SIERRA VIEW ESTATES 2,596.00 884 - HERITAGE ASSESSMENT DIST 12/21/23 6090 CLEAN CUT LANDSCAPE HERITAGE PARK LDSCP 315.00 884 - HERITAGE ASSESSMENT DIST 12/21/23 6090 CLEAN CUT LANDSCAPE HERITAGE PARK-LANDS 315.00 886 - SAMOA 12/21/23 6090 CLEAN CUT LANDSCAPE SAMOA TOWNHOMES 154.00 886 - SAMOA 12/21/23 6090 CLEAN CUT LANDSCAPE SAMOA TOWNHOMES-LAN 154.00 887 - SWEETBRIER TOWNHOUSES 12/21/23 6090 CLEAN CUT LANDSCAPE SWEETBRIAR/HERMOSA 546.00 887 - SWEETBRIER TOWNHOUSES 12/21/23 6090 CLEAN CUT LANDSCAPE SWEETBRIER/HERMOSA 546.00 888 - PARKSIDE 12/21/23 6090 CLEAN CUT LANDSCAPE PARKSIDE ESTATES LD 225.00 888 - PARKSIDE 12/21/23 6090 CLEAN CUT LANDSCAPE PARKSIDE ESTATES-LA 225.00 889 - SIERRA VISTA ASSESSMENT 12/21/23 6090 CLEAN CUT LANDSCAPE SIERRA VISTA ESTATE 194.00 890 - MAPLE VALLEY ASSESSMENT 12/21/23 6090 CLEAN CUT LANDSCAPE MAPLE VALLEY LDSCP 55.00 890 - MAPLE VALLEY ASSESSMENT 12/21/23 6090 CLEAN CUT LANDSCAPE MAPLE VALLEY-LANDSC 55.00 891 - PELOUS RANCH 12/21/23 6090 CLEAN CUT LANDSCAPE PELOUS RANCH LDSCP 585.00 891 - PELOUS RANCH 12/21/23 6090 CLEAN CUT LANDSCAPE PELOUS RANCH-LANDSC 585.00 25088 $25.00
101 - GENERAL FUND 12/21/23 6672 COLBY'S TIRE,TOWING LIC1400808 TIRE PATCH 25.00 25089 $26.63
101 - GENERAL FUND 12/21/23 102 CULLIGAN #156018-LATE FEE 0.63 101 - GENERAL FUND 12/21/23 102 CULLIGAN #156018-150 N MIRAG 18.00 101 - GENERAL FUND 12/21/23 102 CULLIGAN #3301 23611 RD 196 8.00 25090 $6.51
553 - SEWER 12/21/23 1235 DELTA VECTOR CONTRO PCL#153210049000 3.21 553 - SEWER 12/21/23 1235 DELTA VECTOR CONTRO PCL#153250001000 3.21 553 - SEWER 12/21/23 1235 DELTA VECTOR CONTRO PCL#153250032000 0.09 25091 $334.00
101 - GENERAL FUND 12/21/23 316 DEPT OF JUSTICE OCTOBER FINGERPRINT 32.00 101 - GENERAL FUND 12/21/23 316 DEPT OF JUSTICE OCTOBER FINGERPRINT 302.00 25092 $207.18
781 - CAL HOME RLF 12/21/23 2540 DEPT.OF HOUSING & C 11/30 CALHOME TO HC 207.18 25093 $73.92
781 - CAL HOME RLF 12/21/23 2540 DEPT.OF HOUSING & C 12/15 CALHOME TO HC 73.92 25094 $4,167.11
700 - CDBG REVOLVING LN FUND 12/21/23 2540 DEPT.OF HOUSING & C 11/30/23 CDBG TO HC 4,167.11 25095 $1,008.72
700 - CDBG REVOLVING LN FUND 12/21/23 2540 DEPT.OF HOUSING & C 12/15/23 CDBG TO HC 1,008.72 25096 $5,691.30
720 - HOME REVOLVING LN FUND 12/21/23 2540 DEPT.OF HOUSING & C 11/30/23 HOME TO HC 5,691.30 25097 $4,391.25
720 - HOME REVOLVING LN FUND 12/21/23 2540 DEPT.OF HOUSING & C 12/15/23 HOME TO HC 4,391.25 25098 $3,655.84
553 - SEWER 12/21/23 5978 DOMINO SOLAR LTD JB-9325693-00 NOV. 3,655.84 25099 $174.23
101 - GENERAL FUND 12/21/23 119 DOUG DELEO WELDING ANGLE IRON 31.37 101 - GENERAL FUND 12/21/23 119 DOUG DELEO WELDING CUT ALUMINUM STENCI 142.86 25100 $6,835.42
101 - GENERAL FUND 12/21/23 5803 EMD NETWORKING SERV JANUARY MONTHLY BIL 6,835.42 25101 $20,788.32
101 - GENERAL FUND 12/21/23 3218 FARMERS TRACTOR & E 2-KUBOTA GAS MOWERS 20,788.32 January 09, 2024 Regular Meeting of the Lindsay City Council
25102 $30.00
552 - WATER 12/21/23 7193 FERNANDEZ MARIA REFUND CLOSED UB AC 30.00 25103 $469.76
400 - WELLNESS CENTER 12/21/23 4807 FITGUARD INC. WC-PRECOR EFX ELLIP 469.76 25104 $2,215.00
552 - WATER 12/21/23 137 FRIANT WATER AUTHOR FKC ROUTINE OM&R CO 2,215.00 25105 $1,404.03
101 - GENERAL FUND 12/21/23 6010 FRONTIER COMMUNICAT 209-151-2650 21.52 101 - GENERAL FUND 12/21/23 6010 FRONTIER COMMUNICAT 209-151-2652 43.04 101 - GENERAL FUND 12/21/23 6010 FRONTIER COMMUNICAT 209-151-2656 43.04 101 - GENERAL FUND 12/21/23 6010 FRONTIER COMMUNICAT 209-151-2662 56.91 101 - GENERAL FUND 12/21/23 6010 FRONTIER COMMUNICAT 209-188-3200 8.83 101 - GENERAL FUND 12/21/23 6010 FRONTIER COMMUNICAT 562-2512 183.83 101 - GENERAL FUND 12/21/23 6010 FRONTIER COMMUNICAT 209-151-2650 21.52 101 - GENERAL FUND 12/21/23 6010 FRONTIER COMMUNICAT 209-188-3200 8.83 101 - GENERAL FUND 12/21/23 6010 FRONTIER COMMUNICAT 209-042-9309 1.99 552 - WATER 12/21/23 6010 FRONTIER COMMUNICAT 209-150-2936 78.33 552 - WATER 12/21/23 6010 FRONTIER COMMUNICAT 209-151-2650 21.52 552 - WATER 12/21/23 6010 FRONTIER COMMUNICAT 209-188-3200 8.83 552 - WATER 12/21/23 6010 FRONTIER COMMUNICAT 562-1552 134.28 552 - WATER 12/21/23 6010 FRONTIER COMMUNICAT 562-7131 167.01 553 - SEWER 12/21/23 6010 FRONTIER COMMUNICAT 209-150-3621 113.32 553 - SEWER 12/21/23 6010 FRONTIER COMMUNICAT 209-151-2650 21.52 553 - SEWER 12/21/23 6010 FRONTIER COMMUNICAT 209-151-2654 43.04 553 - SEWER 12/21/23 6010 FRONTIER COMMUNICAT 209-151-2655 43.04 553 - SEWER 12/21/23 6010 FRONTIER COMMUNICAT 209-188-3200 8.82 553 - SEWER 12/21/23 6010 FRONTIER COMMUNICAT 562-7132 374.81 25106 $104.40
101 - GENERAL FUND 12/21/23 148 GOMEZ AUTO & SMOG LIC1606856 OIL CHAN 104.40 25107 $29.10
101 - GENERAL FUND 12/21/23 151 GRAINGER INC KNEEBOARD 29.10 25108 $1,019.85
101 - GENERAL FUND 12/21/23 1391 HOME DEPOT DEWALT STRAP 32.75 101 - GENERAL FUND 12/21/23 1391 HOME DEPOT FLOOD LIGHTS, LADDE 364.21 101 - GENERAL FUND 12/21/23 1391 HOME DEPOT INCAN MINI LIGHTS 42.54 101 - GENERAL FUND 12/21/23 1391 HOME DEPOT MINI LED LIGHTS,TIM 190.26 101 - GENERAL FUND 12/21/23 1391 HOME DEPOT TRIMMER LINE,CYCLE 177.82 400 - WELLNESS CENTER 12/21/23 1391 HOME DEPOT WHITE MINI LED STEA 196.57 552 - WATER 12/21/23 1391 HOME DEPOT LUMBER & LUMBER FEE 15.70 25109 $425.00
101 - GENERAL FUND 12/21/23 6346 JEFF PFEIFFER DEC. SQUIRREL TREAT 425.00 25110 $33.84
101 - GENERAL FUND 12/21/23 1198 JENSEN & PILEGARD LEAF DEBRIS RAKE 33.84 25111 $82,180.44
101 - GENERAL FUND 12/21/23 6100 KEENAN & ASSOCIATES DEC. PPO 250 RETIRE 1,928.62 101 - GENERAL FUND 12/21/23 6100 KEENAN & ASSOCIATES DEC. PPO 250 ACTIVE 72,516.11 101 - GENERAL FUND 12/21/23 6100 KEENAN & ASSOCIATES DEC. PPO 500 ACTIVE 7,735.71 25112 $1,119.56
400 - WELLNESS CENTER 12/21/23 5788 LINCOLN AQUATICS LIQUID CHLOREINE 1,119.56 25113 $21,077.50
101 - GENERAL FUND 12/21/23 6550 MARIO SAGREDO ELECT PARK-LED CORNCOB LI 508.99 400 - WELLNESS CENTER 12/21/23 6550 MARIO SAGREDO ELECT RPLC PUMP ROOM LIGH 570.48 400 - WELLNESS CENTER 12/21/23 6550 MARIO SAGREDO ELECT WC-ADA DOOR OPENERS 19,998.03 25114 $29.18
552 - WATER 12/21/23 7192 MORENO PATRICIA REFUND CLOSED UB AC 29.18 25115 $3,175.00
552 - WATER 12/21/23 6513 WILLIAM A. OROSCO ANNUAL BACKFLOW TEST 3,175.00 25116 $591.07
552 - WATER 12/21/23 6673 PACE SUPPLY CORP 250PSI SIDR7 SUPPLI 197.12 552 - WATER 12/21/23 6673 PACE SUPPLY CORP BRASS NUT & GASKET 3.02 552 - WATER 12/21/23 6673 PACE SUPPLY CORP BRS METER FLG,GASKE 390.93 25117 $1,964.69
552 - WATER 12/21/23 6498 PACWEST DIRECT 12/8/23DELINQUENT BILL PRINT 206.67 552 - WATER 12/21/23 6498 PACWEST DIRECT 12/8/23UB LASER PRINT 775.68 553 - SEWER 12/21/23 6498 PACWEST DIRECT 12/8/23DELINQUENT BILL PRINT 206.67 553 - SEWER 12/21/23 6498 PACWEST DIRECT 12/8/23UB LASER PRINT 775.67 25118 $2,000.00
101 - GENERAL FUND 12/21/23 272 PITNEY BOWES INC. POSTAGE METER REFILL 2,000.00 25119 $91,142.83
101 - GENERAL FUND 12/21/23 6368 PNC EQUIPMENT FINAN FIRE TRUCK INTEREST 17,548.55 101 - GENERAL FUND 12/21/23 6368 PNC EQUIPMENT FINAN FIRE TRUCK PAYMENT 73,594.28 25120 $150.90
101 - GENERAL FUND 12/21/23 276 PORTERVILLE RECORDE ODR614-ADOPT CANNAB 150.90 January 09, 2024 Regular Meeting of the Lindsay City Council
25121 $2,740.00
101 - GENERAL FUND 12/21/23 4618 PROVOST & PRITCHARD WELL#14 CONSULTING 353.00 552 - WATER 12/21/23 4618 PROVOST & PRITCHARD WATER LOSS AUDIT 2,387.00 25122 $923.00
101 - GENERAL FUND 12/21/23 399 QUAD KNOPF,INC. GEN. PLANNING SERVI 781.00 101 - GENERAL FUND 12/21/23 399 QUAD KNOPF,INC. O'HARA PARCEL MAP 142.00 25123 $2,220.92
101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION COPY PAPER 75.03 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION SNACK ASSORTMENT 41.63 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION COPY PAPER,PENS,TIS 344.55 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION POST-ITS & TABS 34.02 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION COPY PAPER,BATTERIE 253.27 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION MANILLA FOLDERS 47.87 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION TRASH BAGS,WITE-OUT 177.35 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION BATTERIES 44.13 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION CLOROX DSNFCT WIPES 14.38 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION CORRECTION TAPE,PEN 59.33 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION RULED NOTEPADS 21.74 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION STAPLES, CALENDAR 81.43 101 - GENERAL FUND 12/21/23 285 QUILL CORPORATION TRASH BAGS 979.09 400 - WELLNESS CENTER 12/21/23 285 QUILL CORPORATION MOP HANDLE 25.36 400 - WELLNESS CENTER 12/21/23 285 QUILL CORPORATION TAPE 21.74 25124 $441.98
552 - WATER 12/21/23 3016 QUINN COMPANY CATERPILLAR REPAIRS 441.98 25125 $222,416.93
600 - CAPITAL IMPROVEMENT 12/21/23 7119 SEAL RITE PAVING AN VALENCIA&LINDA VIST 222,416.93 25126 $83.42
552 - WATER 12/21/23 7191 SEE AILEE REFUND CLOSED UB AC 83.42 25127 $302.00
101 - GENERAL FUND 12/21/23 7143 SEQUOIA HEALTH CARE OCTOBER 2023 CLAIMS 302.00 25128 $831.65
101 - GENERAL FUND 12/21/23 7188 SIERRA HD TRUCK PAR T87 TRUCK-ELECTRIC 319.42 101 - GENERAL FUND 12/21/23 7188 SIERRA HD TRUCK PAR T87-REPLACE 3 BATTE 512.23 25129 $22,791.65
261 - GAS TAX FUND 12/21/23 7195 SOUTH COAST LIGHTIN LED CORNCOB,TALL PO 3,746.84 261 - GAS TAX FUND 12/21/23 7195 SOUTH COAST LIGHTIN STOP SIGNS & POLES 19,044.81 25130 $602.16
101 - GENERAL FUND 12/21/23 310 SOUTHERN CA. EDISON 700271196179-LATE FEE 0.12 101 - GENERAL FUND 12/21/23 310 SOUTHERN CA. EDISON 700345129983-LATE FEE 0.39 101 - GENERAL FUND 12/21/23 310 SOUTHERN CA. EDISON 700439853113-LATE FEE 0.45 101 - GENERAL FUND 12/21/23 310 SOUTHERN CA. EDISON 700477296224-LATE FEE 0.44 101 - GENERAL FUND 12/21/23 310 SOUTHERN CA. EDISON 700477332697-LATE FEE 0.66 101 - GENERAL FUND 12/21/23 310 SOUTHERN CA. EDISON 700482892316-LATE FEE 1.19 101 - GENERAL FUND 12/21/23 310 SOUTHERN CA. EDISON 700526806452-LATE FEE 0.10 261 - GAS TAX FUND 12/21/23 310 SOUTHERN CA. EDISON 108 HERMOSA PED. 75.17 261 - GAS TAX FUND 12/21/23 310 SOUTHERN CA. EDISON 108 W HERMOSA LS3 23.04 261 - GAS TAX FUND 12/21/23 310 SOUTHERN CA. EDISON 135 W HONOLULU LS3A 101.39 261 - GAS TAX FUND 12/21/23 310 SOUTHERN CA. EDISON 150 E HONOLULU LS3B 119.68 261 - GAS TAX FUND 12/21/23 310 SOUTHERN CA. EDISON 151 W HONOLULU LS3C 95.06 261 - GAS TAX FUND 12/21/23 310 SOUTHERN CA. EDISON 151 W SAMOA LS3D 81.00 261 - GAS TAX FUND 12/21/23 310 SOUTHERN CA. EDISON 157 N MIRAGE LED 35.32 261 - GAS TAX FUND 12/21/23 310 SOUTHERN CA. EDISON 269 N SWEETBRIAR 68.15 25131 $220.81
101 - GENERAL FUND 12/21/23 6703 STERICYCLE INC FD-NOV. SHRED IT SV 139.21 101 - GENERAL FUND 12/21/23 6703 STERICYCLE INC PS-NOV. SHRED IT SV 81.60 25132 $4,506.34
101 - GENERAL FUND 12/21/23 6146 SUPERION, LLC INVOICE#8/12 SOFTWA 1,126.58 552 - WATER 12/21/23 6146 SUPERION, LLC INVOICE#8/12 SOFTWA 1,126.59 553 - SEWER 12/21/23 6146 SUPERION, LLC INVOICE#8/12 SOFTWA 1,126.59 554 - REFUSE 12/21/23 6146 SUPERION, LLC INVOICE#8/12 SOFTWA 1,126.58 25133 $61,951.00
552 - WATER 12/21/23 1183 SWRCB 7/1/23-6/30/24 FEES 61,951.00 25134 $4,539.29
101 - GENERAL FUND 12/21/23 5755 TELEPACIFIC COMMUNI 12/9/23-1/8/24 504.37 101 - GENERAL FUND 12/21/23 5755 TELEPACIFIC COMMUNI 12/9/23-1/8/24 504.37 101 - GENERAL FUND 12/21/23 5755 TELEPACIFIC COMMUNI 12/9/23-1/8/24 504.37 101 - GENERAL FUND 12/21/23 5755 TELEPACIFIC COMMUNI 12/9/23-1/8/24 504.37 101 - GENERAL FUND 12/21/23 5755 TELEPACIFIC COMMUNI 12/9/23-1/8/24 504.37 400 - WELLNESS CENTER 12/21/23 5755 TELEPACIFIC COMMUNI 12/9/23-1/8/24 504.36 552 - WATER 12/21/23 5755 TELEPACIFIC COMMUNI 12/9/23-1/8/24 504.36 553 - SEWER 12/21/23 5755 TELEPACIFIC COMMUNI 12/9/23-1/8/24 504.36 554 - REFUSE 12/21/23 5755 TELEPACIFIC COMMUNI 12/9/23-1/8/24 504.36 January 09, 2024 Regular Meeting of the Lindsay City Council
25135 $3,806.00
552 - WATER 12/21/23 1921 TELSTAR INSTRUMENTS WTP-VALVE POSITIONE 928.00 553 - SEWER 12/21/23 1921 TELSTAR INSTRUMENTS WWTP-CHANGE FLOW ME 1,532.00 553 - SEWER 12/21/23 1921 TELSTAR INSTRUMENTS WWTP-PERFORM CALIBR 1,346.00 25136 $8,566.39
101 - GENERAL FUND 12/21/23 144 THE GAS COMPANY 185 N GALE HILL 431.01 101 - GENERAL FUND 12/21/23 144 THE GAS COMPANY 140 N MIRAGE 218.28 101 - GENERAL FUND 12/21/23 144 THE GAS COMPANY 251 E HONOLULU 691.44 400 - WELLNESS CENTER 12/21/23 144 THE GAS COMPANY 740 SEQUOIA POOL 7,225.66 25137 $287.00
101 - GENERAL FUND 12/21/23 5792 THOMSON REUTERS - W ONLINE/SOFTWARE CHA 287.00 25138 $60.00
101 - GENERAL FUND 12/21/23 6413 TRANS UNION LLC 10/26/23-11/25/23 60.00 25139 $17.36
101 - GENERAL FUND 12/21/23 3152 TUL.CO.JAIL IND.ENG ENGRAVED SIGNS 17.36 25140 $20.00
101 - GENERAL FUND 12/21/23 6015 TULARE COUNTY CLERK R1710 GUADALUPE LUP 20.00 25141 $996.94
101 - GENERAL FUND 12/21/23 1513 UNITED RENTALS, INC SAFETY HARNESS,BLAD 868.00 552 - WATER 12/21/23 1513 UNITED RENTALS, INC WACKER EQUIP. REPAI 128.94 25142 $2,589.12
101 - GENERAL FUND 12/21/23 5747 USA STAFFING INC. 12/3/23 FD-MARIA M. 200.88 101 - GENERAL FUND 12/21/23 5747 USA STAFFING INC. 12/10/23 PS-DANA G. 892.80 101 - GENERAL FUND 12/21/23 5747 USA STAFFING INC. 12/3/23 PS-DANA G. 892.80 552 - WATER 12/21/23 5747 USA STAFFING INC. 12/3/23 FD-MARIA M. 200.88 553 - SEWER 12/21/23 5747 USA STAFFING INC. 12/3/23 FD-MARIA M. 200.88 554 - REFUSE 12/21/23 5747 USA STAFFING INC. 12/3/23 FD-MARIA M. 200.88 25143 $3,900.16
552 - WATER 12/21/23 5413 UNIVAR USA INC WELL14-LIQUICHLOR 923.29 552 - WATER 12/21/23 5413 UNIVAR USA INC WELL15-LIQUICHLOR 2,976.87 25144 $2,340.47
552 - WATER 12/21/23 356 USA BLUEBOOK EYEWASH BOTTLE,PENS 783.18 552 - WATER 12/21/23 356 USA BLUEBOOK WELL15-PUMP REPAIR 1,016.54 553 - SEWER 12/21/23 356 USA BLUEBOOK WWTP-OD NATURAL HDP 35.64 553 - SEWER 12/21/23 356 USA BLUEBOOK WWTP-TESTING KIT 505.11 25145 $1,599.21
101 - GENERAL FUND 12/21/23 1041 VERIZON WIRELESS 642065758-00003 NOV 41.98 101 - GENERAL FUND 12/21/23 1041 VERIZON WIRELESS 642065758-00001 NOV 125.67 101 - GENERAL FUND 12/21/23 1041 VERIZON WIRELESS 642065758-00004 NOV 1,305.44 101 - GENERAL FUND 12/21/23 1041 VERIZON WIRELESS 642065758-00003 NOV 21.02 101 - GENERAL FUND 12/21/23 1041 VERIZON WIRELESS 642065758-00003 NOV 21.02 101 - GENERAL FUND 12/21/23 1041 VERIZON WIRELESS 642065758-00003 NOV 21.02 552 - WATER 12/21/23 1041 VERIZON WIRELESS 642065758-00003 NOV 21.02 553 - SEWER 12/21/23 1041 VERIZON WIRELESS 642065758-00003 NOV 21.02 554 - REFUSE 12/21/23 1041 VERIZON WIRELESS 642065758-00003 NOV 21.02 25146 $1,305.51
261 - GAS TAX FUND 12/21/23 368 VOLLMER EXCAVATION, COLD MIX FOR POTHOLE 1,305.51 25147 $49,861.00
200 - STREET IMPROVEMENT FUND 12/21/23 113 DEPT OF TRANSPORTAT P1575-001 FIFTH PMT 49,861.00 76-11/ $1,130.28
101 - GENERAL FUND 12/07/23 6408 WEX BANK 76 FUEL 10/24-11/23 1,130.28 BOCDEC $7,340.17
552 - WATER 12/13/23 2960 UNITED STATES BUREA PAYMENT PLAN 3/36 7,340.17 BOCNOV $7,340.17
552 - WATER 11/14/23 2960 UNITED STATES BUREA PAYMENT PLAN 2/36 7,340.17 EDD121 $4,733.43
101 - GENERAL FUND 12/05/23 687 STATE OF CALIFORNIA EDD PR PD 12/1/2023 4,733.43 EDD121 $4,363.87
101 - GENERAL FUND 12/19/23 687 STATE OF CALIFORNIA EDD PR PD 12/15/23 4,363.87 IRS121 $37,368.47
101 - GENERAL FUND 12/05/23 2011 INTERNAL REVENUE SE 941 PR PD 12/1/2023 12,639.25 101 - GENERAL FUND 12/05/23 2011 INTERNAL REVENUE SE 941 PR PD 12/1/2023 24,729.22 IRS121 $36,967.55
101 - GENERAL FUND 12/19/23 2011 INTERNAL REVENUE SE 941 PR PD 12/15/23 11,469.67 101 - GENERAL FUND 12/19/23 2011 INTERNAL REVENUE SE 941 PR PD 12/15/23 25,497.88 NAVI11 $156.70
101 - GENERAL FUND 11/08/23 4924 NAVIA BENEFIT SOLUT COBRA FEE 56.70 101 - GENERAL FUND 11/08/23 4924 NAVIA BENEFIT SOLUT SEC 125 FEE 100.00 NAVI11 $71.80
101 - GENERAL FUND 11/10/23 4924 NAVIA BENEFIT SOLUT FSA 11/10/2023 71.80 NAVI11 $48.22
101 - GENERAL FUND 11/17/23 4924 NAVIA BENEFIT SOLUT FSA 11/17/2023 48.22 January 09, 2024 Regular Meeting of the Lindsay City Council
NAVI11 $5.02
101 - GENERAL FUND 11/28/23 4924 NAVIA BENEFIT SOLUT FSA 11/28/2023 5.02 NAVI12 $156.70
101 - GENERAL FUND 12/08/23 4924 NAVIA BENEFIT SOLUT COBRA ADMIN FEE 56.70 101 - GENERAL FUND 12/08/23 4924 NAVIA BENEFIT SOLUT SEC 125 FEE 100.00 NAVI12 $128.55
101 - GENERAL FUND 12/13/23 4924 NAVIA BENEFIT SOLUT FSA 12/13/2023 128.55 NAVI12 $85.75
101 - GENERAL FUND 12/20/23 4924 NAVIA BENEFIT SOLUT FSA 12/20/2023 85.75 NAVIA1 $65.75
101 - GENERAL FUND 11/03/23 4924 NAVIA BENEFIT SOLUT FSA 11/3/2023 65.75 NAVIA1 $462.17
101 - GENERAL FUND 12/01/23 4924 NAVIA BENEFIT SOLUT FSA 12/1/2023 462.17 NAVIA1 $433.78
101 - GENERAL FUND 12/06/23 4924 NAVIA BENEFIT SOLUT FSA 12/6/2023 433.78 SRV122 $38,975.88
101 - GENERAL FUND 12/08/23 457 PUBLIC EMPLOYEES RE 25354 MBPD11/12-11/ 682.58 101 - GENERAL FUND 12/08/23 457 PUBLIC EMPLOYEES RE 25354 MBPD11/12-11/ 672.15 101 - GENERAL FUND 12/08/23 457 PUBLIC EMPLOYEES RE 25355 MBPD11/12-11/ 3,570.63 101 - GENERAL FUND 12/08/23 457 PUBLIC EMPLOYEES RE 25355 MBPD11/12-11/ 3,516.16 101 - GENERAL FUND 12/08/23 457 PUBLIC EMPLOYEES RE 26330 MBPD11/12-11/ 2,637.69 101 - GENERAL FUND 12/08/23 457 PUBLIC EMPLOYEES RE 26330 MBPD11/12-11/ 2,613.91 101 - GENERAL FUND 12/08/23 457 PUBLIC EMPLOYEES RE 433 MBPD 11/12-11/2 3,704.10 101 - GENERAL FUND 12/08/23 457 PUBLIC EMPLOYEES RE 433 MBPD 11/12-11/2 7,532.35 101 - GENERAL FUND 12/08/23 457 PUBLIC EMPLOYEES RE 434 MBPD 11/12-11/2 3,773.10 101 - GENERAL FUND 12/08/23 457 PUBLIC EMPLOYEES RE 434 MBPD 11/12-11/2 10,273.21 SRV122 $35,125.61
101 - GENERAL FUND 12/19/23 457 PUBLIC EMPLOYEES RE 25354 CTPD11/26-12/ 554.86 101 - GENERAL FUND 12/19/23 457 PUBLIC EMPLOYEES RE 25354 MBPD11/26-12/ 563.47 101 - GENERAL FUND 12/19/23 457 PUBLIC EMPLOYEES RE 25355 CTPD11/26-12/ 2,966.74 101 - GENERAL FUND 12/19/23 457 PUBLIC EMPLOYEES RE 25355 MBPD11/26-12/ 3,012.76 101 - GENERAL FUND 12/19/23 457 PUBLIC EMPLOYEES RE 26330 CTPD11/26-12/ 2,521.88 101 - GENERAL FUND 12/19/23 457 PUBLIC EMPLOYEES RE 26330 MBPD11/26-12/ 2,544.82 101 - GENERAL FUND 12/19/23 457 PUBLIC EMPLOYEES RE 433 CTPD 11/26-12/0 7,532.35 101 - GENERAL FUND 12/19/23 457 PUBLIC EMPLOYEES RE 433 MBPD 11/26-12/0 3,704.11 101 - GENERAL FUND 12/19/23 457 PUBLIC EMPLOYEES RE 434 CTPD 11/26-12/0 8,577.81 101 - GENERAL FUND 12/19/23 457 PUBLIC EMPLOYEES RE 434 MBPD 11/26-12/0 3,146.81 UBNK10 $18,835.81
101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S HOTEL-CALCITIES CONFERENCE 5,522.40 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S PARKING FEE 48.40 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S WATER AD-HOC COMMIT 42.59 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S ADOBE 9.99 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S AMAZON-FIRE STICK 25.00 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S CANVA-ADVERTISEMENT 149.90 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S ZOOM 33.90 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S CM-CCAC WORKSHOP 175.00 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S CREDIT FROM HOTEL 23.09 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S HOTEL PARKING-CALCI 90.00 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S HOTEL-CALCITIES CON 1,134.77 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S ICMA ONLINE CREDIT (55.00) 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S PARKING-ICMA CONFER 75.00 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S REFUND-IPSMA WORKSH (100.00) 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S ZOOM 14.41 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S CANVA-1YR SUBSCRIPT 119.99 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S CC-CCAC WORKSHOP 175.00 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S CHAPARRITO-FD LUNCH 100.15 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S LEAGUE CITIES SEMIN 550.00 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S AUTOCAD SUBSCRIPTIO 440.00 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S CEQA ESSENTIAL WORK 490.00 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S AMAZON-CANDY JARS 27.74 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S COSTCO-HALLOWEEN CANDY 127.92 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S INNOCORP-IMPAIR GOG 376.29 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S LINDSAY FOODS-WATER 36.27 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S OFFICE DEPOT-BINDER 54.05 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S PANERA-STRAFF TRAINING 13.18 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S PEER SUPPORT LUNCH 76.07 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S PIZZA-CMTY ACADEMY 103.83 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S SAVEMART-P.S. DRINKS 73.00 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S SOLE FITNESS-TREADMILL- OFFICER GRANT 2,936.24 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S TRAINING GUNS 299.15 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S AMAZON 88.47 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S CANVAPRO-SUBSCRIPTI 12.99 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S CHINAS-LUNCH W/MAYOR 40.56 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S CROMER-M. CHAIREZ FORKLIFT TRAINING 995.00 January 09, 2024 Regular Meeting of the Lindsay City Council
101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S FIELD CREW LUNCHEON 25.47 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S MIRROR REPLACEMENT 121.41 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S AMAZON-PET WASTE BA 143.16 101 - GENERAL FUND 11/07/23 6326 CORPORATE PAYMENT S LEONS TIRES-TIRE 124.80 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S 99¢-SPOONS FOR PUMP 21.75 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S AMAZON-DECOR. FLAGS 32.61 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S AMAZON-FLOATING PUM 224.68 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S AMAZON-KEYBOARD 29.99 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S AMAZON-TV MOUNT&SUP 144.56 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S BEST BUY-TV 732.94 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S CPRS CONFERENCE 480.00 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S CPRS REGISTRATION 40.00 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S EBAY-DELL CONTRIL U 166.79 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S HOMEDEPOT-SAW 103.56 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S POWER POINT PRESENT 3.99 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S SPOTIFY SUBCSRIPTIO 10.99 400 - WELLNESS CENTER 11/07/23 6326 CORPORATE PAYMENT S VISTA PRINT-POOL PA 145.40 552 - WATER 11/07/23 6326 CORPORATE PAYMENT S AIR TRAVEL TO CONFE 263.00 552 - WATER 11/07/23 6326 CORPORATE PAYMENT S AWWA WORKSHOP 559.00 552 - WATER 11/07/23 6326 CORPORATE PAYMENT S HOTEL-AWWA CONFEREN 236.96 552 - WATER 11/07/23 6326 CORPORATE PAYMENT S HOTEL-WATER QUALITY 449.40 552 - WATER 11/07/23 6326 CORPORATE PAYMENT S OCT WATER QUALITY C 450.00 UBNK11 $13,572.23
101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S AWARD FOR EMPLOYEE 103.08 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S USB-C HUB FOR COUNC 48.93 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S XMAS LIGHT BANNERS 442.38 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S ADOBE 9.99 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S DELL-LAPTOP 507.73 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S DONUTS-OPEN ENROLLMENT 22.65 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S AMAZON-LAPTOP SLEEVE 19.13 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S BDAY CARD FOR COUNC 6.99 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S CITY MANAGER FOUNDA 400.00 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S DELL-LAPTOP 231.61 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S FLIGHT-MJBIZCON CON 377.96 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S HONDA-VEHICLE MAINT 223.29 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S LEAGUE OF CA CITIES 750.00 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S MJBIZCON REGISTRATION 449.00 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S STAFF DINNER-CENTER 344.35 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S ZOOM 14.41 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S DINNER-CCAC CONFERE 39.29 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S FLIGHT SEAT UPGRADE 43.98 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S FLIGHT-CCAC CONFERE 287.80 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S AMAZON-BROCHURE HOL 54.36 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S AMAZON-EXERCISE MAT- OFFICER GRANT 217.44 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S AMAZON-FARM WOMEN C 26.09 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S AMAZON-TABLE CLOTHS 14.78 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S APPLEBEES-OFFICER T 27.07 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S COS-POLICE ACADEMY 748.00 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S COSTCO-HALLOWEEN FE 175.90 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S DINNER-OFFICER TRAI 109.87 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S DOLLAR GEN-CAT FOOD 19.68 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S FIRST AID CPR CLASS 180.00 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S HAMPTON-FIELD TRAIN 753.70 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S HANDGUN LIGHT BATTE 173.35 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S LINDSAY FOOD-RIB 28.75 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S LINDSAY FOOD-TACO M 39.86 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S LOWES-RIB COOK OFF 106.22 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S LUNCH-OFFICER TRAIN 23.35 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S MI PUEBLO-OFFICER T 16.97 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S SAVE MART-COMM. POL 22.68 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S SAVE MART-POLICE GR 28.99 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S SMART&FINA-BBC BING 147.10 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S TOTALLY PROMO-LANYA 104.40 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S WEST COAST SOURDOGH 20.06 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S YINKENG-OFFICER TRA 19.00 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S AMAZON-811 STICKERS 103.40 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S AMAZON-SANDBAGS 108.73 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S CANVA-CERT CARDS 16.00 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S CANVA-FLYER SOFTWAR 12.99 101 - GENERAL FUND 12/06/23 6326 CORPORATE PAYMENT S COSTCO-RIB COOK OFF 35.79 400 - WELLNESS CENTER 12/06/23 6326 CORPORATE PAYMENT S 4IMPRINT-GIVEAWAYS 1,432.91 400 - WELLNESS CENTER 12/06/23 6326 CORPORATE PAYMENT S AMAZON-AUX CORD 9.78 400 - WELLNESS CENTER 12/06/23 6326 CORPORATE PAYMENT S AMAZON-OFFICE CHAIR 373.16 400 - WELLNESS CENTER 12/06/23 6326 CORPORATE PAYMENT S AMAZON-SHOWER CHAIR 91.30 January 09, 2024 Regular Meeting of the Lindsay City Council
400 - WELLNESS CENTER 12/06/23 6326 CORPORATE PAYMENT S AMAZON-TABLE 509.70 400 - WELLNESS CENTER 12/06/23 6326 CORPORATE PAYMENT S META-FACEBOOK AD 100.00 400 - WELLNESS CENTER 12/06/23 6326 CORPORATE PAYMENT S OFFICE DEPOT-PROJECTOR 1,196.24 400 - WELLNESS CENTER 12/06/23 6326 CORPORATE PAYMENT S SMART&FINAL-HOT DOG 175.44 400 - WELLNESS CENTER 12/06/23 6326 CORPORATE PAYMENT S SPOTIFY MUSIC 10.99 552 - WATER 12/06/23 6326 CORPORATE PAYMENT S BREAKFAST-WATER CON 31.16 552 - WATER 12/06/23 6326 CORPORATE PAYMENT S DINNER-WATER CONFE 41.16 552 - WATER 12/06/23 6326 CORPORATE PAYMENT S HOTEL-WATER CONFERE 1,077.10 552 - WATER 12/06/23 6326 CORPORATE PAYMENT S LODGING-WATER QUALI 227.91 552 - WATER 12/06/23 6326 CORPORATE PAYMENT S LUNCH-WATER CONFERE 105.26 552 - WATER 12/06/23 6326 CORPORATE PAYMENT S OCT WATER QUALITY A 450.00 552 - WATER 12/06/23 6326 CORPORATE PAYMENT S STARBUCKS-WATER CON 31.11 552 - WATER 12/06/23 6326 CORPORATE PAYMENT S UBER-WATER CONFEREN 51.91 USDA11 $107,765.10
263 - TRANSPORTATION 11/14/23 1123 USDA RURAL DEVELOPM LOAN#97-15 TULARE INT 14,102.10 263 - TRANSPORTATION 11/14/23 1123 USDA RURAL DEVELOPM LOAN#97-15 TULARE PRIN 93,663.00 USDA11 $323,470.00
553 - SEWER 11/28/23 1123 USDA RURAL DEVELOPM 92-04 SEWER INT PMT 135,599.95 553 - SEWER 11/28/23 1123 USDA RURAL DEVELOPM 92-04 SEWER PRIN PM 187,870.05 USLB11 $6,771.06
101 - GENERAL FUND 11/14/23 1123 USDA RURAL DEVELOPM #97-12 LIBRARY INT 6,771.06
SUMMARY BY FUNDING SOURCE
101 - GENERAL FUND 507,385.80
200 - STREET IMPROVEMENT FUND 49,861.00
261 - GAS TAX FUND 31,548.39
263 - TRANSPORTATION 107,765.10
306 - COVID-19 ARPA FUND 12,350.00
400 - WELLNESS CENTER 49,764.69
552 - WATER 135,605.99
553 - SEWER 349,101.85
554 - REFUSE 3,234.54
556 - VITA-PAKT 861.67
600 - CAPITAL IMPROVEMENT 231,618.29
700 - CDBG REVOLVING LN FUND 5,175.83
720 - HOME REVOLVING LN FUND 10,082.55
779 - 00-HOME-0487 1,400.62
781 - CAL HOME RLF 281.10
883 - SIERRA VIEW ASSESSMENT 2,739.38
884 - HERITAGE ASSESSMENT DIST 654.09
886 - SAMOA 316.99
887 - SWEETBRIER TOWNHOUSES 1,172.14
888 - PARKSIDE 473.81
889 - SIERRA VISTA ASSESSMENT 398.24
890 - MAPLE VALLEY ASSESSMENT 212.23
891 - PELOUS RANCH 1,662.76
TOTAL $ 1,503,667.06
January 09, 2024 Regular Meeting of the Lindsay City Council
CASH RESOURCES
LOCATION GL ACCOUNT # TYPE BALANCE
Cash Register Funds (City Hall & Wellness) 100-102 RES 700$ Bank of the Sierra- Depository Account 100-114 GEN 2,494,027 Bank of the Sierra - AP/Operating 100-100 GEN -
Bank of the Sierra - Payroll 100-106 GEN -
Bank of the Sierra - Wellness Center 100-500 GEN 264,757 Bank of the Sierra - Impound Account 100-120 RES 44,221 LAIF Savings: City & Successor Agency 100-103 INV-RES 4,556,622 MBS Investments 100-700 INV-RES 5,615,519
$ 12,975,847
CASH EXPENDED
ACCOUNTS PAYABLE & PAYROLL AMOUNT DEBT SERVICE AMOUNT
Accounts Payable 1,060,945$ WATER PLANT 109,874$
Payroll (DECEMBER 1st Payday) 325,854$
Payroll (DECEMBER 15 Payday) 324,404$
Payroll (DECEMBER 29 Payday) 329,931$
TOTAL $ 2,041,133 TOTAL $ 109,874
INVESTMENTS
INVESTED FUNDS $10,172,141
Respectfully submitted,
GEN: GENERAL UNRESTRICTED
RES: RESTRICTED ACTIVITY
Acting City Manager INV: INVESTMENT
City of Lindsay
ABBREVIATIONS
Armando da Silva
Monthly Treasurer's Report
December 31,2023
Cash Balances Classified by Depository
TOTAL
INVESTMENT POLICY COMPLIANCE
As of the end of the month, the investments were in compliance with the requirements of the City's investment policy. This report reflects all cash and investments of the City of Lindsay (O/S checks not reflected in End Cash Balance).
January 09, 2024 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Edelma Gonzalez, City Services Dep Director
DEPARTMENT: City Services and Planning Department
ITEM NO.: 8.4
MEETING DATE: January 09, 2024
ACTION & RECOMMENDATION
Consider the Approval of Resolution No. 24-01, A Resolution of the City Council of the City of Lindsay Authorizing the Director of City Services & Planning to Engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services Regarding Grants for Which the City has Applied and Any Documents Thereto.
The City Services and Planning department recommends the approval of Resolution No. 24-01 hereto attached to this report. Should the Resolution be approved and all the State guidelines are followed correctly, the City of Lindsay will have backup generators for the multiple critical facilities and be able to apply this Resolution to both current and future disasters/projects that occur in the three-year (3) period following the Resolution’s approval. Identified backup generator sites are for Water Well 14; Water Well 15; Sequoia Lift Station; Hickory Lift Station; City Hall; City Public Safety Building; and the Wastewater Treatment Plant. Having backup power is a top priority and the proposed action will alleviate those concerns long term.
If the Resolution is not approved, the sites identified will have no backup power which is considered a risk to the public. The City does not currently have backup generator for each of the identified sites.
BACKGROUND | ANALYSIS
One of the projects that will be utilizing this universal Resolution is the emergency backup generators.
The challenge that has been present for many years is that the City of Lindsay has not been in a financial position to address or mitigate its problem of power backup during any natural disaster. Key critical facilities (water, wastewater, and emergency facilities) have no backup power generators. Finding ways to fund our challenges/problems in providing mitigation measures during natural disasters is extremely difficult, if not nearly impossible. If power interruption occurs at these key facilities due to natural or human disasters, the following services will be interrupted: Water Wells 14 & 15 – these are the City's only operating water wells that provide a minimum of 20% of the potable water for the entire City; City Wastewater Treatment Facility – this is the only facility of its kind for the entire City.
January 09, 2024 Regular Meeting of the Lindsay City Council
If power goes down and a working generator is not available, the potential for sewage leaks is eminent; the lift stations (Hickory and Sequoia) provide the flow for the wastewater from the source to the treatment facility. Without power backup sewage leaks could occur; the Public Safety and City Hall Buildings are the only facilities for staff within the City and both buildings currently act as the Emergency Operations Center. With no backup power, especially during natural disasters, the use of these facilities is diminished to a bare minimum.
Federal Management Emergency Agency (FEMA) recently approved and issued a Hazard Mitigation Grant Program (HMGP) funds for the City of Lindsay (sub-recipient) Generators Mitigation Project, Phase 1. The total project cost for phase 1, supplement 26 is $161,300.00 and $8,065.00 management cost as shown in the attached award letter.
This specific HMGP project approval and obligation of funds are subject to the following conditions:
Scope of Work (SOW) – Phase 1 of this project will include finalizing the exact location of the proposed generators, development of the 90% design, completion of an environmental review/assessment pursuant to California Environmental Quality Act (CEQA). Phase 1 will also include completing permitting for the seven proposed sites and requesting bids from qualified contractors. No ground disturbance or construction activities including geotechnical borings may occur during Phase 1 of this project.
To receive payment as a grant subrecipient, the City of Lindsay must adopt Resolution No. 24-01. Once passed and adopted, the Resolution must be filed with the Recovery Financial Processing Unit.
FISCAL IMPACT
No fiscal impact associated with this action.
ATTACHMENTS
• Cal OES Award Letter
• Resolution No. 24-01 Cal OES Form 130
January 09, 2024 Regular Meeting of the Lindsay City Council
3650 SCHRIEVER AVENUE MATHER, CA 95655
RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
December 12, 2023
Neyba Amezcua
City Services Director
Lindsay, City of
251 East Honolulu Street
Lindsay, CA 93247
Subject: Notification of Subapplication Approval
Hazard Mitigation Grant Program – Prepare CA Match
FEMA-4482-DR-CA, Project #AP00618, FIPS #107-41712
Supplement #26
Dear Ms. Amezcua:
The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved your organization’s subaward application in the amount of $145,170.00. A copy of the FEMA award package is enclosed for your records.
Your organization’s subaward application has also been approved for $117,030.00 in state funding under the Prepare CA Match program.
In order to receive payment as a grant subrecipient, your organization must have the following on file with the Recovery Financial Processing Unit:
• A valid, current (approved within the last 3 years) Governing Body Resolution
• A Project Assurances for Federal Assistance agreement • A Grant Subaward Face Sheet (GSAFS). Please ensure that the individual who signs the GSAFS is designated by the Governing Body Resolution as an Authorized Agent for your organization.
• A current Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure form. This form must be submitted each fiscal year. • An active registration with the federal System for Award Management (SAM) website. The registration must remain active for the duration of this grant subaward.
For your convenience, this subapplication approval package includes the required post-obligation documents as well as guides to completing and renewing a SAM registration. Please complete the documents and mail copies to the address listed at the end of this letter, keeping the originals with your records.
GAVIN NEWSOM
GOVERNOR
NANCY WARD
DIRECTOR
January 09, 2024 Regular Meeting of the Lindsay City Council
Ms. Amezcua
3650 SCHRIEVER AVENUE MATHER, CA 95655
RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
Alternatively, you may scan and email the completed documents to the Recovery Financial Processing Unit at [email protected].
Electronic copies of the post-obligation documents can also be requested at the same address.
Payments will be made on a reimbursement basis using the enclosed Hazard Mitigation Reimbursement Request Form. A ten percent (10%) retention will be withheld from all reimbursement payments and will be released as part of the subaward closeout process.
Reimbursements can be made only for items listed on the approved subaward application. Expenditures for any other work should be separately maintained and are the sole responsibility of the subrecipient. Any funds received in excess of current needs or approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days of receipt of an invoice from Cal OES.
When mailing documents to the Recovery Financial Processing Unit, please use the following address:
California Governor’s Office of Emergency Services
Attention: Recovery Financial Processing Unit
3650 Schriever Avenue
Mather, CA 95655
For further assistance regarding post-obligation documents or the reimbursement request process, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at [email protected]. For program-related questions, please contact the Hazard Mitigation Grants Program Unit at (916) 328-7450.
Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File
January 09, 2024 Regular Meeting of the Lindsay City Council
3650 SCHRIEVER AVENUE MATHER, CA 95655
RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
December 12, 2023
Neyba Amezcua
City Services Director
Lindsay, City of
251 East Honolulu Street
Lindsay, CA 93247
Subject: Notification of Approval for Subrecipient Management Cost Funding Hazard Mitigation Grant Program – Prepare CA Match
FEMA-4482-DR-CA, Project #AP00618, FIPS #107-41712,
Supplement #26
Dear Ms. Amezcua:
The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved $8,065.00 in funding for subrecipient management costs (SRMC). SRMC are costs incurred while administering a Hazard Mitigation grant subaward. A copy of FEMA’s letter is enclosed for your records.
Payments are made on a reimbursement basis using the specialized Subrecipient Management Cost Reimbursement Request Form. Subrecipients are reminded to document their SRMC separately from direct project expenditures. To qualify for SRMC reimbursement, subrecipients must first incur and seek reimbursement for direct project expenditures via the specialized Project Expenditures Reimbursement Request Form. Reimbursement for SRMC is capped at five percent of a project’s cumulative direct project expenditures. Please note that your organization must maintain an active registration in the SAM.gov (System for Award Management) database for the duration of this grant subaward.
Please read the enclosed supplement. In accordance with Title 44 Code of Federal Regulations, Part 206.440, if you disagree with FEMA’s obligated amount or scope of work listed in the supplement, you can appeal. All appeals must be in writing and received by Cal OES within 60 days from the receipt of this letter.
If you have any questions or need assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at
[email protected].
Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File
GAVIN NEWSOM
GOVERNOR
NANCY WARD
DIRECTOR
January 09, 2024 Regular Meeting of the Lindsay City Council
January 09, 2024 Regular Meeting of the Lindsay City Council
January 09, 2024 Regular Meeting of the Lindsay City Council
January 09, 2024 Regular Meeting of the Lindsay City Council
January 09, 2024 Regular Meeting of the Lindsay City Council
January 09, 2024 Regular Meeting of the Lindsay City Council
January 09, 2024 Regular Meeting of the Lindsay City Council
January 09, 2024 Regular Meeting of the Lindsay City Council
January 09, 2024 Regular Meeting of the Lindsay City Council
January 09, 2024 Regular Meeting of the Lindsay City Council
January 09, 2024 Regular Meeting of the Lindsay City Council
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130
January 09, 2024 Regular Meeting of the Lindsay City Council
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130
January 09, 2024 Regular Meeting of the Lindsay City Council
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4
January 09, 2024 Regular Meeting of the Lindsay City Council
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130
January 09, 2024 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, Finance, Human Resources
ITEM NO.: 8.5
MEETING DATE: January 09, 2024
ACTION & RECOMMENDATION
Consider the Approval of Resolution No. 24-02, A Resolution of the City Council of the City of Lindsay Approving a New Salary Schedule in Compliance with California State Mandated Minimum Wage and Minimum Salary Law Effective January 01, 2024, as well as the Lindsay City Employees’ Association Base Wage Increase Effective the First Full Pay Period including January 01, 2024, Approved via Resolution No. 23-33.
City Staff recommends that the City Council pass and adopt Resolution No. 24-02 to ensure compliance with State of California State Mandated Minimum Wage and Minimum Salary as well as the Lindsay City Employees’ Association Base Wage Increase.
BACKGROUND | ANALYSIS
The State of California sets minimum wage requirements for all industries. On January 01, 2024, California minimum wage for all employers increased to $16.00/hour. On January 01, 2024, California minimum wage for exempt employees increased to $66,560 annually. Attached to this report is a new and updated salary schedule that reflects the State of California wage requirements.
On August 08, 2023, the Lindsay City Council approved Resolution No. 23-33, entering into a memorandum of understanding (MOU) by and between the City of Lindsay and the Lindsay City Employees’ Association. Said MOU approved a two percent (2%) base wage increase effective the first full pay period including January 01, 2024.
FISCAL IMPACT
The wage increases referenced within this report were accounted for and incorporated into the adopted Fiscal Year 2023 – 2024 Operating Budget and will be sourced from account funds accordingly.
ATTACHMENTS
• Current Hourly and Annual Salary Schedules
• Proposed Hourly and Annual Salary Schedule effective January 01, 2024 • Resolution No. 24-02
January 09, 2024 Regular Meeting of the Lindsay City Council
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Unrepresented Part-Time Seasonal Interns/Seasonal $ 15.50 $ 15.50 $ 15.50 $ 15.50 $ 15.50 $ 15.50 $ 15.50 Non-Exempt Unrepresented Part-Time Recreation - Lifeguard $ 15.75 $ 16.54 $ 17.36 $ 18.23 $ 19.14 $ 20.10 $ 21.11 Non-Exempt Unrepresented Part-Time Recreation I $ 15.75 $ 16.54 $ 17.36 $ 18.23 $ 19.14 $ 20.10 $ 21.11 Non-Exempt SEIU Full-Time Maintenance $ 16.07 $ 16.87 $ 17.71 $ 18.60 $ 19.53 $ 20.50 $ 21.53 Non-Exempt SEIU Full-Time Account Clerk I $ 16.07 $ 16.87 $ 17.71 $ 18.60 $ 19.53 $ 20.50 $ 21.53 Non-Exempt SEIU Full-Time Code Enforcement Officer $ 16.07 $ 16.87 $ 17.71 $ 18.60 $ 19.53 $ 20.50 $ 21.53 Non-Exempt SEIU Full-Time Records Clerk $ 16.22 $ 17.03 $ 17.88 $ 18.77 $ 19.71 $ 20.70 $ 21.73 Non-Exempt SEIU Full-Time Maintenance Senior I $ 16.22 $ 17.03 $ 17.88 $ 18.77 $ 19.71 $ 20.70 $ 21.73 Non-Exempt Unrepresented Part-Time Lead Lifeguard $ 16.75 $ 17.59 $ 18.47 $ 19.39 $ 20.36 $ 21.38 $ 22.45 Non-Exempt SEIU Full-Time Community Development Specialist $ 17.46 $ 18.34 $ 19.25 $ 20.21 $ 21.23 $ 22.29 $ 23.40 Non-Exempt SEIU Full-Time Administrative Secretary $ 17.46 $ 18.34 $ 19.25 $ 20.21 $ 21.23 $ 22.29 $ 23.40 Non-Exempt SEIU Full-Time Utility Operator Trainee $ 17.60 $ 18.47 $ 19.40 $ 20.37 $ 21.39 $ 22.46 $ 23.58 Non-Exempt SEIU Full-Time Pool Manager $ 18.00 $ 18.90 $ 19.85 $ 20.84 $ 21.88 $ 22.97 $ 24.12 Non-Exempt Confidential Employee Full-Time Executive Assistant/Deputy City Clerk $ 20.20 $ 21.21 $ 22.27 $ 23.38 $ 24.55 $ 25.78 $ 27.06 Non-Exempt SEIU Part-Time Records/IT Clerk $ 20.20 $ 21.21 $ 22.27 $ 23.38 $ 24.55 $ 25.78 $ 27.06 Non-Exempt SEIU Full-Time Maintenance Senior II $ 20.48 $ 21.51 $ 22.58 $ 23.71 $ 24.90 $ 26.14 $ 27.45 Non-Exempt SEIU Full-Time Animal Control Officer $ 20.48 $ 21.51 $ 22.58 $ 23.71 $ 24.90 $ 26.14 $ 27.45 Non-Exempt SEIU Full-Time Community Services Officer $ 20.48 $ 21.51 $ 22.58 $ 23.71 $ 24.90 $ 26.14 $ 27.45 Non-Exempt SEIU Full-Time Account Clerk III $ 20.58 $ 21.61 $ 22.69 $ 23.83 $ 25.02 $ 26.27 $ 27.58 Non-Exempt SEIU Full-Time Utility Operator I $ 24.76 $ 25.99 $ 27.29 $ 28.66 $ 30.09 $ 31.59 $ 33.17 Non-Exempt SEIU Full-Time Engineering Technician $ 25.57 $ 26.85 $ 28.19 $ 29.60 $ 31.08 $ 32.64 $ 34.27 Non-Exempt SEIU Full-Time Assistant City Planner $ 25.57 $ 26.85 $ 28.19 $ 29.60 $ 31.08 $ 32.64 $ 34.27 Non-Exempt SEIU Full-Time Building Inspector I $ 25.57 $ 26.85 $ 28.19 $ 29.60 $ 31.08 $ 32.64 $ 34.27 Exempt Unrepresented Full-Time Administrative Supervisor $ 31.00 $ 32.55 $ 34.18 $ 35.89 $ 37.68 $ 39.56 $ 41.54 Exempt Unrepresented Full-Time City Clerk/Assistant to the City Manager $ 31.00 $ 32.55 $ 34.18 $ 35.89 $ 37.68 $ 39.56 $ 41.54 Exempt Unrepresented Full-Time Maintenance Senior III $ 31.00 $ 32.55 $ 34.18 $ 35.89 $ 37.68 $ 39.56 $ 41.54 Exempt Unrepresented Full-Time Human Resources Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.28 Exempt Unrepresented Full-Time Planning Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time Finance & Accounting Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time IT Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time Executive Projects Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time City Services Manager/Inspector $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Non-Exempt SEIU Full-Time Utility Operator II $ 34.46 $ 36.18 $ 37.99 $ 39.89 $ 41.88 $ 43.98 $ 46.17 Exempt Unrepresented Full-Time City Services Deputy Director $ 34.80 $ 36.54 $ 38.37 $ 40.29 $ 42.30 $ 44.41 $ 46.64 Non-Exempt SEIU Full-Time Utility Operator III $ 38.92 $ 40.87 $ 42.91 $ 45.06 $ 47.31 $ 49.68 $ 52.16 *All hourly rates are based on a 40-hour work week.
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineeer $ 15.50 $ 16.28 $ 17.09 $ 17.94 $ 18.84 $ 19.78 $ 20.77 Non-Exempt Fire Full-Time Fire Lieutenant $ 22.06 $ 23.16 $ 24.32 $ 25.54 $ 26.81 $ 28.15 $ 29.56 Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineeer $ 21.70 $ 22.79 $ 23.92 $ 25.12 $ 26.38 $ 27.70 $ 29.08 Non-Exempt Fire Full-Time Fire Lieutenant $ 29.42 $ 30.89 $ 32.44 $ 34.06 $ 35.76 $ 37.55 $ 39.43 Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt LPOA Full-Time Public Safety Officer $ 25.37 $ 26.64 $ 27.97 $ 29.37 $ 30.84 $ 32.38 $ 34.00 Non-Exempt LPOA Full-Time Police Corporal $ 27.98 $ 29.38 $ 30.85 $ 32.39 $ 34.01 $ 35.71 $ 37.50 Non-Exempt LPOA Full-Time Public Safety Sergeant $ 30.89 $ 32.43 $ 34.06 $ 35.76 $ 37.55 $ 39.42 $ 41.40 Exempt Unrepresented Full-Time Public Safety Lieutenant $ 41.35 $ 43.42 $ 45.59 $ 47.87 $ 50.26 $ 52.77 $ 55.41 Category Bargaining Unit Type Title Minimum Maximum
Exempt Unrepresented Full-Time City Manager $ 55.05 $ 80.00 Exempt Unrepresented Full-Time Director of Public Safety $ 41.46 $ 70.00 Exempt Unrepresented Full-Time Director of Finance $ 41.72 $ 70.00 Exempt Unrepresented Full-Time Director of City Services & Planning $ 36.17 $ 70.00 Exempt Unrepresented Full-Time Recreation Services Director $ 34.37 $ 60.00 Public Safety Personnel
Contract Personnel
Administrative Rate
City of Lindsay
Hourly Salary Schedule
FY 2023/2024
*Fire personnel are paid based on whether they are on the 56-hour per week average schedule or the 40-hour per week schedule. *Fire personnel will convert to a 56-hour work week upon completion of their training. *Holiday pay will still be paid out based on the 40-hour per week rate, regardless of whether an employee is on a 56-hour per week average schedule or a 40-hour per week schedule.
Fire Personnel
Fire Rate
Approved by the Lindsay City Council via Resolution No. 23-38 on September 26, 2023 CURRENT January 09, 2024 Regular Meeting of the Lindsay City Council
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Unrepresented Part-Time Seasonal Interns/Seasonal $ 32,240.00 $ 32,240.00 $ 32,240.00 $ 32,240.00 $ 32,240.00 $ 32,240.00 $ 32,240.00 Non-Exempt Unrepresented Part-Time Recreation - Lifeguard $ 32,760.00 $ 34,403.20 $ 36,108.80 $ 37,918.40 $ 39,811.20 $ 41,808.00 $ 43,908.80 Non-Exempt Unrepresented Part-Time Recreation I $ 32,760.00 $ 34,403.20 $ 36,108.80 $ 37,918.40 $ 39,811.20 $ 41,808.00 $ 43,908.80 Non-Exempt SEIU Full-Time Maintenance $ 33,425.60 $ 35,089.60 $ 36,836.80 $ 38,688.00 $ 40,622.40 $ 42,640.00 $ 44,782.40 Non-Exempt SEIU Full-Time Account Clerk I $ 33,425.60 $ 35,089.60 $ 36,836.80 $ 38,688.00 $ 40,622.40 $ 42,640.00 $ 44,782.40 Non-Exempt SEIU Full-Time Code Enforcement Officer $ 33,425.60 $ 35,089.60 $ 36,836.80 $ 38,688.00 $ 40,622.40 $ 42,640.00 $ 44,782.40 Non-Exempt SEIU Full-Time Records Clerk $ 33,737.60 $ 35,422.40 $ 37,190.40 $ 39,041.60 $ 40,996.80 $ 43,056.00 $ 45,198.40 Non-Exempt SEIU Full-Time Maintenance Senior I $ 33,737.60 $ 35,422.40 $ 37,190.40 $ 39,041.60 $ 40,996.80 $ 43,056.00 $ 45,198.40 Non-Exempt Unrepresented Part-Time Lead Lifeguard $ 34,840.00 $ 36,587.20 $ 38,417.60 $ 40,331.20 $ 42,348.80 $ 44,470.40 $ 46,696.00 Non-Exempt SEIU Full-Time Community Development Specialist $ 36,316.80 $ 38,147.20 $ 40,040.00 $ 42,036.80 $ 44,158.40 $ 46,363.20 $ 48,672.00 Non-Exempt SEIU Full-Time Administrative Secretary $ 36,316.80 $ 38,147.20 $ 40,040.00 $ 42,036.80 $ 44,158.40 $ 46,363.20 $ 48,672.00 Non-Exempt SEIU Full-Time Utility Operator Trainee $ 36,608.00 $ 38,417.60 $ 40,352.00 $ 42,369.60 $ 44,491.20 $ 46,716.80 $ 49,046.40 Non-Exempt SEIU Full-Time Pool Manager $ 37,440.00 $ 39,312.00 $ 41,288.00 $ 43,347.20 $ 45,510.40 $ 47,777.60 $ 50,169.60 Non-Exempt Confidential Employee Full-Time Executive Assistant/Deputy City Clerk $ 42,016.00 $ 44,116.80 $ 46,321.60 $ 48,630.40 $ 51,064.00 $ 53,622.40 $ 56,284.80 Non-Exempt SEIU Part-Time Records/IT Clerk $ 42,016.00 $ 44,116.80 $ 46,321.60 $ 48,630.40 $ 51,064.00 $ 53,622.40 $ 56,284.80 Non-Exempt SEIU Full-Time Maintenance Senior II $ 42,598.40 $ 44,740.80 $ 46,966.40 $ 49,316.80 $ 51,792.00 $ 54,371.20 $ 57,096.00 Non-Exempt SEIU Full-Time Animal Control Officer $ 42,598.40 $ 44,740.80 $ 46,966.40 $ 49,316.80 $ 51,792.00 $ 54,371.20 $ 57,096.00 Non-Exempt SEIU Full-Time Community Services Officer $ 42,598.40 $ 44,740.80 $ 46,966.40 $ 49,316.80 $ 51,792.00 $ 54,371.20 $ 57,096.00 Non-Exempt SEIU Full-Time Account Clerk III $ 42,806.40 $ 44,948.80 $ 47,195.20 $ 49,566.40 $ 52,041.60 $ 54,641.60 $ 57,366.40 Non-Exempt SEIU Full-Time Utility Operator I $ 51,500.80 $ 54,059.20 $ 56,763.20 $ 59,612.80 $ 62,587.20 $ 65,707.20 $ 68,993.60 Non-Exempt SEIU Full-Time Engineering Technician $ 53,185.60 $ 55,848.00 $ 58,635.20 $ 61,568.00 $ 64,646.40 $ 67,891.20 $ 71,281.60 Non-Exempt SEIU Full-Time Assistant City Planner $ 53,185.60 $ 55,848.00 $ 58,635.20 $ 61,568.00 $ 64,646.40 $ 67,891.20 $ 71,281.60 Non-Exempt SEIU Full-Time Building Inspector I $ 53,185.60 $ 55,848.00 $ 58,635.20 $ 61,568.00 $ 64,646.40 $ 67,891.20 $ 71,281.60 Exempt Unrepresented Full-Time Administrative Supervisor $ 64,480.00 $ 67,704.00 $ 71,094.40 $ 74,651.20 $ 78,374.40 $ 82,284.80 $ 86,403.20 Exempt Unrepresented Full-Time City Clerk/Assistant to the City Manager $ 64,480.00 $ 67,704.00 $ 71,094.40 $ 74,651.20 $ 78,374.40 $ 82,284.80 $ 86,403.20 Exempt Unrepresented Full-Time Maintenance Senior III $ 64,480.00 $ 67,704.00 $ 71,094.40 $ 74,651.20 $ 78,374.40 $ 82,284.80 $ 86,403.20 Exempt Unrepresented Full-Time Human Resources Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,182.40 Exempt Unrepresented Full-Time Planning Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time Finance & Accounting Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time IT Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time Executive Projects Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time City Services Manager/Inspector $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Non-Exempt SEIU Full-Time Utility Operator II $ 71,676.80 $ 75,254.40 $ 79,019.20 $ 82,971.20 $ 87,110.40 $ 91,478.40 $ 96,033.60 Exempt Unrepresented Full-Time City Services Deputy Director $ 72,384.00 $ 76,003.20 $ 79,809.60 $ 83,803.20 $ 87,984.00 $ 92,372.80 $ 97,011.20 Non-Exempt SEIU Full-Time Utility Operator III $ 80,953.60 $ 85,009.60 $ 89,252.80 $ 93,724.80 $ 98,404.80 $ 103,334.40 $ 108,492.80 *All hourly rates are based on a 40-hour work week.
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineeer $ 45,136.00 $ 47,407.36 $ 49,766.08 $ 52,241.28 $ 54,862.08 $ 57,599.36 $ 60,482.24 Non-Exempt Fire Full-Time Fire Lieutenant $ 64,238.72 $ 67,441.92 $ 70,819.84 $ 74,372.48 $ 78,070.72 $ 81,972.80 $ 86,078.72 Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineeer $ 45,136.00 $ 47,403.20 $ 49,753.60 $ 52,249.60 $ 54,870.40 $ 57,616.00 $ 60,486.40 Non-Exempt Fire Full-Time Fire Lieutenant $ 61,193.60 $ 64,251.20 $ 67,475.20 $ 70,844.80 $ 74,380.80 $ 78,104.00 $ 82,014.40 Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt LPOA Full-Time Public Safety Officer $ 52,769.60 $ 55,411.20 $ 58,177.60 $ 61,089.60 $ 64,147.20 $ 67,350.40 $ 70,720.00 Non-Exempt LPOA Full-Time Police Corporal $ 58,198.40 $ 61,110.40 $ 64,168.00 $ 67,371.20 $ 70,740.80 $ 74,276.80 $ 78,000.00 Non-Exempt LPOA Full-Time Public Safety Sergeant $ 64,251.20 $ 67,454.40 $ 70,844.80 $ 74,380.80 $ 78,104.00 $ 81,993.60 $ 86,112.00 Exempt Unrepresented Full-Time Public Safety Lieutenant $ 86,008.00 $ 90,313.60 $ 94,827.20 $ 99,569.60 $ 104,540.80 $ 109,761.60 $ 115,252.80 Category Bargaining Unit Type Title Minimum Maximum
Exempt Unrepresented Full-Time City Manager $ 114,504.00 $ 166,400.00 Exempt Unrepresented Full-Time Director of Public Safety $ 86,236.80 $ 145,600.00 Exempt Unrepresented Full-Time Director of Finance $ 86,777.60 $ 145,600.00 Exempt Unrepresented Full-Time Director of City Services & Planning $ 75,233.60 $ 145,600.00 Exempt Unrepresented Full-Time Recreation Services Director $ 71,489.60 $ 124,800.00 *Holiday pay will still be paid out based on the 40-hour per week rate, regardless of whether an employee is on a 56-hour per week average schedule or a 40-hour per week schedule.
Public Safety Personnel
Contract Personnel
City of Lindsay
Annual Salary Schedule
FY 2023/2024
Fire Personnel
Fire Rate
Administrative Rate
*Fire personnel will convert to a 56-hour work week upon completion of their training. *Fire personnel are paid based on whether they are on the 56-hour per week average schedule or the 40-hour per week schedule.
Approved by the Lindsay City Council via Resolution No. 23-38 on September 26, 2023 CURRENT January 09, 2024 Regular Meeting of the Lindsay City Council
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Unrepresented Part-Time Seasonal Interns/Seasonal $ 16.00 $ 16.00 $ 16.00 $ 16.00 $ 16.00 $ 16.00 $ 16.00 Non-Exempt Unrepresented Part-Time Recreation - Lifeguard $ 16.00 $ 16.80 $ 17.64 $ 18.52 $ 19.45 $ 20.42 $ 21.44 Non-Exempt Unrepresented Part-Time Recreation I $ 16.00 $ 16.80 $ 17.64 $ 18.52 $ 19.45 $ 20.42 $ 21.44 Non-Exempt SEIU Full-Time Maintenance $ 16.39 $ 17.21 $ 18.07 $ 18.98 $ 19.92 $ 20.92 $ 21.97 Non-Exempt SEIU Full-Time Account Clerk I $ 16.39 $ 17.21 $ 18.07 $ 18.98 $ 19.92 $ 20.92 $ 21.97 Non-Exempt SEIU Full-Time Code Enforcement Officer $ 16.39 $ 17.21 $ 18.07 $ 18.98 $ 19.92 $ 20.92 $ 21.97 Non-Exempt SEIU Full-Time Records Clerk $ 16.54 $ 17.37 $ 18.24 $ 19.15 $ 20.11 $ 21.12 $ 22.17 Non-Exempt SEIU Full-Time Maintenance Senior I $ 16.54 $ 17.37 $ 18.24 $ 19.15 $ 20.11 $ 21.12 $ 22.17 Non-Exempt Unrepresented Part-Time Lead Lifeguard $ 16.75 $ 17.59 $ 18.47 $ 19.39 $ 20.36 $ 21.38 $ 22.45 Non-Exempt SEIU Full-Time Community Development Specialist $ 17.81 $ 18.70 $ 19.63 $ 20.62 $ 21.65 $ 22.73 $ 23.87 Non-Exempt SEIU Full-Time Administrative Secretary $ 17.81 $ 18.70 $ 19.63 $ 20.62 $ 21.65 $ 22.73 $ 23.87 Non-Exempt SEIU Full-Time Utility Operator Trainee $ 17.95 $ 18.85 $ 19.79 $ 20.78 $ 21.82 $ 22.91 $ 24.06 Non-Exempt SEIU Full-Time Pool Manager $ 18.36 $ 19.28 $ 20.24 $ 21.25 $ 22.32 $ 23.43 $ 24.60 Non-Exempt Confidential Employee Full-Time Executive Assistant/Deputy City Clerk $ 20.60 $ 21.63 $ 22.72 $ 23.85 $ 25.04 $ 26.30 $ 27.61 Non-Exempt SEIU Part-Time Records/IT Clerk $ 20.60 $ 21.63 $ 22.72 $ 23.85 $ 25.04 $ 26.30 $ 27.61 Non-Exempt SEIU Full-Time Maintenance Senior II $ 20.89 $ 21.93 $ 23.03 $ 24.18 $ 25.39 $ 26.66 $ 27.99 Non-Exempt SEIU Full-Time Animal Control Officer $ 20.89 $ 21.93 $ 23.03 $ 24.18 $ 25.39 $ 26.66 $ 27.99 Non-Exempt SEIU Full-Time Community Services Officer $ 20.89 $ 21.93 $ 23.03 $ 24.18 $ 25.39 $ 26.66 $ 27.99 Non-Exempt SEIU Full-Time Account Clerk III $ 20.99 $ 22.04 $ 23.14 $ 24.30 $ 25.52 $ 26.79 $ 28.13 Non-Exempt SEIU Full-Time Utility Operator I $ 25.26 $ 26.52 $ 27.84 $ 29.24 $ 30.70 $ 32.23 $ 33.84 Non-Exempt SEIU Full-Time Engineering Technician $ 26.08 $ 27.39 $ 28.75 $ 30.19 $ 31.70 $ 33.29 $ 34.95 Non-Exempt SEIU Full-Time Assistant City Planner $ 26.08 $ 27.39 $ 28.75 $ 30.19 $ 31.70 $ 33.29 $ 34.95 Non-Exempt SEIU Full-Time Building Inspector I $ 26.08 $ 27.39 $ 28.75 $ 30.19 $ 31.70 $ 33.29 $ 34.95 Exempt Unrepresented Full-Time Administrative Supervisor $ 32.00 $ 33.60 $ 35.28 $ 37.04 $ 38.90 $ 40.84 $ 42.88 Exempt Unrepresented Full-Time City Clerk/Assistant to the City Manager $ 32.00 $ 33.60 $ 35.28 $ 37.04 $ 38.90 $ 40.84 $ 42.88 Exempt Unrepresented Full-Time Maintenance Senior III $ 32.00 $ 33.60 $ 35.28 $ 37.04 $ 38.90 $ 40.84 $ 42.88 Exempt Unrepresented Full-Time Human Resources Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time Planning Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time Finance & Accounting Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time IT Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time Executive Projects Manager $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Exempt Unrepresented Full-Time City Services Manager/Inspector $ 33.78 $ 35.47 $ 37.24 $ 39.10 $ 41.06 $ 43.11 $ 45.27 Non-Exempt SEIU Full-Time Utility Operator II $ 35.15 $ 36.91 $ 38.75 $ 40.69 $ 42.72 $ 44.86 $ 47.10 Exempt Unrepresented Full-Time City Services Deputy Director $ 34.80 $ 36.54 $ 38.37 $ 40.29 $ 42.30 $ 44.41 $ 46.64 Non-Exempt SEIU Full-Time Utility Operator III $ 39.70 $ 41.68 $ 43.77 $ 45.96 $ 48.25 $ 50.67 $ 53.20 *All hourly rates are based on a 40-hour work week.
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineer $ 16.00 $ 16.80 $ 17.64 $ 18.52 $ 19.45 $ 20.42 $ 21.44 Non-Exempt Fire Full-Time Fire Lieutenant $ 21.01 $ 22.06 $ 23.16 $ 24.32 $ 25.54 $ 26.81 $ 28.16 Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineer $ 21.70 $ 22.79 $ 23.92 $ 25.13 $ 26.39 $ 27.71 $ 29.09 Non-Exempt Fire Full-Time Fire Lieutenant $ 29.42 $ 30.89 $ 32.44 $ 34.06 $ 35.76 $ 37.55 $ 39.43 *Reserve Firefighter will fall under Part-Time Seasonal category Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt LPOA Full-Time Public Safety Officer $ 25.37 $ 26.64 $ 27.98 $ 29.37 $ 30.84 $ 32.38 $ 34.00 Non-Exempt LPOA Full-Time Police Corporal $ 27.98 $ 29.38 $ 30.85 $ 32.39 $ 34.01 $ 35.70 $ 37.49 Non-Exempt LPOA Full-Time Public Safety Sergeant $ 30.89 $ 32.43 $ 34.06 $ 35.76 $ 37.55 $ 39.43 $ 41.40 Exempt Unrepresented Full-Time Public Safety Lieutenant $ 41.35 $ 43.42 $ 45.59 $ 47.87 $ 50.26 $ 52.77 $ 55.41 *Reserve Police Officer will fall under Part-Time Seasonal category Category Bargaining Unit Type Title Minimum Maximum
Exempt Unrepresented Full-Time City Manager $ 55.05 $ 80.00 Exempt Unrepresented Full-Time Director of Public Safety $ 41.46 $ 70.00 Exempt Unrepresented Full-Time Director of Finance $ 41.72 $ 70.00 Exempt Unrepresented Full-Time Director of City Services & Planning $ 36.17 $ 70.00 Exempt Unrepresented Full-Time Recreation Services Director $ 34.37 $ 60.00 Public Safety Personnel
Contract Personnel
Administrative Rate
City of Lindsay
Hourly Salary Schedule
FY 2023/2024 Effective 01.01.2024
*Fire personnel are paid based on whether they are on the 56-hour per week average schedule or the 40-hour per week schedule. *Fire personnel will convert to a 56-hour work week upon completion of their training. *Holiday pay will still be paid out based on the 40-hour per week rate, regardless of whether an employee is on a 56-hour per week average schedule or a 40-hour per week schedule.
Fire Personnel
Fire Rate
PROPOSED January 09, 2024 Regular Meeting of the Lindsay City Council
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Unrepresented Part-Time Seasonal Interns/Seasonal $ 33,280.00 $ 33,280.00 $ 33,280.00 $ 33,280.00 $ 33,280.00 $ 33,280.00 $ 33,280.00 Non-Exempt Unrepresented Part-Time Recreation - Lifeguard $ 33,280.00 $ 34,944.00 $ 36,691.20 $ 38,521.60 $ 40,456.00 $ 42,473.60 $ 44,595.20 Non-Exempt Unrepresented Part-Time Recreation I $ 33,280.00 $ 34,944.00 $ 36,691.20 $ 38,521.60 $ 40,456.00 $ 42,473.60 $ 44,595.20 Non-Exempt SEIU Full-Time Maintenance $ 34,091.20 $ 35,796.80 $ 37,585.60 $ 39,478.40 $ 41,433.60 $ 43,513.60 $ 45,697.60 Non-Exempt SEIU Full-Time Account Clerk I $ 34,091.20 $ 35,796.80 $ 37,585.60 $ 39,478.40 $ 41,433.60 $ 43,513.60 $ 45,697.60 Non-Exempt SEIU Full-Time Code Enforcement Officer $ 34,091.20 $ 35,796.80 $ 37,585.60 $ 39,478.40 $ 41,433.60 $ 43,513.60 $ 45,697.60 Non-Exempt SEIU Full-Time Records Clerk $ 34,403.20 $ 36,129.60 $ 37,939.20 $ 39,832.00 $ 41,828.80 $ 43,929.60 $ 46,113.60 Non-Exempt SEIU Full-Time Maintenance Senior I $ 34,403.20 $ 36,129.60 $ 37,939.20 $ 39,832.00 $ 41,828.80 $ 43,929.60 $ 46,113.60 Non-Exempt Unrepresented Part-Time Lead Lifeguard $ 34,840.00 $ 36,587.20 $ 38,417.60 $ 40,331.20 $ 42,348.80 $ 44,470.40 $ 46,696.00 Non-Exempt SEIU Full-Time Community Development Specialist $ 37,044.80 $ 38,896.00 $ 40,830.40 $ 42,889.60 $ 45,032.00 $ 47,278.40 $ 49,649.60 Non-Exempt SEIU Full-Time Administrative Secretary $ 37,044.80 $ 38,896.00 $ 40,830.40 $ 42,889.60 $ 45,032.00 $ 47,278.40 $ 49,649.60 Non-Exempt SEIU Full-Time Utility Operator Trainee $ 37,336.00 $ 39,208.00 $ 41,163.20 $ 43,222.40 $ 45,385.60 $ 47,652.80 $ 50,044.80 Non-Exempt SEIU Full-Time Pool Manager $ 38,188.80 $ 40,102.40 $ 42,099.20 $ 44,200.00 $ 46,425.60 $ 48,734.40 $ 51,168.00 Non-Exempt Confidential Employee Full-Time Executive Assistant/Deputy City Clerk $ 42,848.00 $ 44,990.40 $ 47,257.60 $ 49,608.00 $ 52,083.20 $ 54,704.00 $ 57,428.80 Non-Exempt SEIU Part-Time Records/IT Clerk $ 42,848.00 $ 44,990.40 $ 47,257.60 $ 49,608.00 $ 52,083.20 $ 54,704.00 $ 57,428.80 Non-Exempt SEIU Full-Time Maintenance Senior II $ 43,451.20 $ 45,614.40 $ 47,902.40 $ 50,294.40 $ 52,811.20 $ 55,452.80 $ 58,219.20 Non-Exempt SEIU Full-Time Animal Control Officer $ 43,451.20 $ 45,614.40 $ 47,902.40 $ 50,294.40 $ 52,811.20 $ 55,452.80 $ 58,219.20 Non-Exempt SEIU Full-Time Community Services Officer $ 43,451.20 $ 45,614.40 $ 47,902.40 $ 50,294.40 $ 52,811.20 $ 55,452.80 $ 58,219.20 Non-Exempt SEIU Full-Time Account Clerk III $ 43,659.20 $ 45,843.20 $ 48,131.20 $ 50,544.00 $ 53,081.60 $ 55,723.20 $ 58,510.40 Non-Exempt SEIU Full-Time Utility Operator I $ 52,540.80 $ 55,161.60 $ 57,907.20 $ 60,819.20 $ 63,856.00 $ 67,038.40 $ 70,387.20 Non-Exempt SEIU Full-Time Engineering Technician $ 54,246.40 $ 56,971.20 $ 59,800.00 $ 62,795.20 $ 65,936.00 $ 69,243.20 $ 72,696.00 Non-Exempt SEIU Full-Time Assistant City Planner $ 54,246.40 $ 56,971.20 $ 59,800.00 $ 62,795.20 $ 65,936.00 $ 69,243.20 $ 72,696.00 Non-Exempt SEIU Full-Time Building Inspector I $ 54,246.40 $ 56,971.20 $ 59,800.00 $ 62,795.20 $ 65,936.00 $ 69,243.20 $ 72,696.00 Exempt Unrepresented Full-Time Administrative Supervisor $ 66,560.00 $ 69,888.00 $ 73,382.40 $ 77,043.20 $ 80,912.00 $ 84,947.20 $ 89,190.40 Exempt Unrepresented Full-Time City Clerk/Assistant to the City Manager $ 66,560.00 $ 69,888.00 $ 73,382.40 $ 77,043.20 $ 80,912.00 $ 84,947.20 $ 89,190.40 Exempt Unrepresented Full-Time Maintenance Senior III $ 66,560.00 $ 69,888.00 $ 73,382.40 $ 77,043.20 $ 80,912.00 $ 84,947.20 $ 89,190.40 Exempt Unrepresented Full-Time Human Resources Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time Planning Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time Finance & Accounting Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time IT Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time Executive Projects Manager $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Exempt Unrepresented Full-Time City Services Manager/Inspector $ 70,262.40 $ 73,777.60 $ 77,459.20 $ 81,328.00 $ 85,404.80 $ 89,668.80 $ 94,161.60 Non-Exempt SEIU Full-Time Utility Operator II $ 73,112.00 $ 76,772.80 $ 80,600.00 $ 84,635.20 $ 88,857.60 $ 93,308.80 $ 97,968.00 Exempt Unrepresented Full-Time City Services Deputy Director $ 72,384.00 $ 76,003.20 $ 79,809.60 $ 83,803.20 $ 87,984.00 $ 92,372.80 $ 97,011.20 Non-Exempt SEIU Full-Time Utility Operator III $ 82,576.00 $ 86,694.40 $ 91,041.60 $ 95,596.80 $ 100,360.00 $ 105,393.60 $ 110,656.00 *All hourly rates are based on a 40-hour work week.
Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineer $ 46,592.00 $ 48,921.60 $ 51,367.68 $ 53,930.24 $ 56,638.40 $ 59,463.04 $ 62,433.28 Non-Exempt Fire Full-Time Fire Lieutenant $ 61,181.12 $ 64,238.72 $ 67,441.92 $ 70,819.84 $ 74,372.48 $ 78,070.72 $ 82,001.92 Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt Fire Full-Time Fire Apparatus Engineer $ 45,136.00 $ 47,403.20 $ 49,753.60 $ 52,270.40 $ 54,891.20 $ 57,636.80 $ 60,507.20 Non-Exempt Fire Full-Time Fire Lieutenant $ 61,193.60 $ 64,251.20 $ 67,475.20 $ 70,844.80 $ 74,380.80 $ 78,104.00 $ 82,014.40 *Reserve Firefighter will fall under Part-Time Seasonal category Category Bargaining Unit Type Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Non-Exempt LPOA Full-Time Public Safety Officer $ 52,769.60 $ 55,411.20 $ 58,198.40 $ 61,089.60 $ 64,147.20 $ 67,350.40 $ 70,720.00 Non-Exempt LPOA Full-Time Police Corporal $ 58,198.40 $ 61,110.40 $ 64,168.00 $ 67,371.20 $ 70,740.80 $ 74,256.00 $ 77,979.20 Non-Exempt LPOA Full-Time Public Safety Sergeant $ 64,251.20 $ 67,454.40 $ 70,844.80 $ 74,380.80 $ 78,104.00 $ 82,014.40 $ 86,112.00 Exempt Unrepresented Full-Time Public Safety Lieutenant $ 86,008.00 $ 90,313.60 $ 94,827.20 $ 99,569.60 $ 104,540.80 $ 109,761.60 $ 115,252.80 *Reserve Police Officer will fall under Part-Time Seasonal category Category Bargaining Unit Type Title Minimum Maximum
Exempt Unrepresented Full-Time City Manager $ 114,504.00 $ 166,400.00 Exempt Unrepresented Full-Time Director of Public Safety $ 86,236.80 $ 145,600.00 Exempt Unrepresented Full-Time Director of Finance $ 86,777.60 $ 145,600.00 Exempt Unrepresented Full-Time Director of City Services & Planning $ 75,233.60 $ 145,600.00 Exempt Unrepresented Full-Time Recreation Services Director $ 71,489.60 $ 124,800.00 *Holiday pay will still be paid out based on the 40-hour per week rate, regardless of whether an employee is on a 56-hour per week average schedule or a 40-hour per week schedule.
Public Safety Personnel
Contract Personnel
City of Lindsay
Annual Salary Schedule
FY 2023/2024 Effective 01.01.2024
Fire Personnel
Fire Rate
Administrative Rate
*Fire personnel will convert to a 56-hour work week upon completion of their training. *Fire personnel are paid based on whether they are on the 56-hour per week average schedule or the 40-hour per week schedule.
PROPOSED January 09, 2024 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 24-02
NUMBER 24-02
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY
APPROVING A NEW SALARY SCHEDULE IN COMPLIANCE WITH
CALIFORNIA STATE MANDATED MINIMUM WAGE AND MINIMUM
SALARY LAW EFFECTIVE JANUARY 01, 2024, AS WELL AS THE
LINDSAY CITY EMPLOYEES’ ASSOCIATION BASE WAGE
INCREASE EFFECTIVE THE FIRST FULL PAY PERIOD INCLUDING
JANUARY 01, 2024, APPROVED VIA RESOLUTION NO. 23-33
At a regularly scheduled meeting of the City of Lindsay City Council held on January 09, 2024, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the State of California’s minimum wage on January 01, 2024 is set at $16.00 per hour; and the State of California’s minimum wage for exempt employees on January 01, 2024 is set at $66,560 annually; and
WHEREAS, On September 26, 2023, the City Council approved Resolution No. 23-38, adopting the Fiscal Year 2023 – 2024 Operating Budget and the Fiscal Years 2024- - 2029 Five-Year Capital Improvement Plan, wherein City Council adopted State of California minimum wage pay increases effective January 01, 2024; and
WHEREAS, On August 08, 2023, the Lindsay City Council approved Resolution No. 23-33, entering into a memorandum of understanding (MOU) by and between the City of Lindsay and the Lindsay City Employees’ Association. Said MOU approved a two percent (2%) base wage increase effective the first full pay period including January 01, 2024; and WHEREAS, the City Council authorizes pay for all City Staff in accordance with each employee’s step on the salary schedule for the position that employee holds; and WHEREAS, Public Employees’ Retirement Law Government Code Section 20636 for public agency members and CCR 570.5 sets requirements for publicly available pay rate schedules; and WHEREAS, City Council hereby directs City Staff to publish the City of Lindsay adopted salary schedule.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Lindsay shall adjust employee salaries to conform to minimum wage laws effective January 01, 2024 and such adjustment is reflected in the salary schedule.
January 09, 2024 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 24-02
SECTION 2. The salary schedule shall reflect the approved two percent (2%) base wage increase effective the first full pay period including January 01, 2024, for employees apart of the Lindsay City Employees’ Association.
SECTION 3. The salary schedule attached hereto is hereby passed and adopted.
SECTION 4. This Resolution shall be effective immediately upon its approval and adoption.
SECTION 5. The Mayor, or presiding officer, is hereby authorized to affix their signature to the Resolution signifying its adoption by the City Council to the City of Lindsay, and the City Clerk, or their appointed deputy, is directed to attest thereto.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE January 09, 2024
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
January 09, 2024 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 9.1
MEETING DATE: January 09, 2024
ACTION & RECOMMENDATION
Review & Discussion of City Council Handbook.
As requested by Mayor Cerros, this item is informational and presented only for the purpose of discussion.
No City Council action is required at this time. However, Staff does recommend that the City Council conduct a review of the Handbook and provide Staff with any recommended amendments (should they have any).
BACKGROUND | ANALYSIS
The purpose of the City Council Handbook (herein referred to as “Handbook”) is to promote communication, understanding, fairness, and trust among the members of the Lindsay City Council and staff concerning their roles, responsibilities, and expectations for management of the business of the City of Lindsay. The City Council adopted the Handbook via Resolution.
On January 11, 2022, the Council adopted the Handbook via Resolution No. 22-05 which consisted of eleven (11) sections and two (2) appendices.
On February 14, 2023, the City Council amended the Handbook via Resolution No. 23-03.
The Handbook shall be amended by a majority vote of the City Council and may be updated administratively by the City Clerk in order to remain current with federal, state, and local law. All conduct of the City Council shall be in full compliance with State law, including the Ralph M. Brown Act.
FISCAL IMPACT
No fiscal impact associated with this action.
ATTACHMENTS
• Adopted City Council Handbook
January 09, 2024 Regular Meeting of the Lindsay City Council
City of Lindsay
City Council Handbook
Approved and Adopted:
01-11-2022 by Resolution 22-05
Amended:
02-14-2023 by Resolution 23-03
Last Updated: February 2023
January 09, 2024 Regular Meeting of the Lindsay City Council
Table of Contents
SECTION 1. GENERAL............................................................................................................................................ 3 SECTION 2. MAYOR AND MAYOR PRO TEM APPOINTMENT PROCESS ................................................................ 4 SECTION 3. COUNCIL ADMINISTRATIVE MATTERS .............................................................................................. 5 SECTION 4. COUNCIL INTERACTION WITH CITY MANAGER, STAFF, AND MEDIA.............................................. 9 SECTION 5. MEETINGS.........................................................................................................................................10 SECTION 6. POSTING NOTICE AND AGENDA .....................................................................................................12 SECTION 7. AGENDA CONTENTS ........................................................................................................................13 SECTION 8. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS................................................................16 SECTION 9. CLOSED SESSIONS.............................................................................................................................21 SECTION 10. DECORUM.......................................................................................................................................23 SECTION 11. DISCLAIMER ...................................................................................................................................23 APPENDIX A: OPEN & PUBLIC: A GUIDE TO THE RALPH M. BROWN ACT (LEAGUE OF CALIFORNIA CITIES) 24 APPENDIX B: ROSENBERG’S RULES OF ORDER (SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21ST CENTURY) ............................................................................................................................................................24 APPENDIX C: CITY OF LINDSAY SOCIAL MEDIA POLICY……………………………………..……..24 January 09, 2024 Regular Meeting of the Lindsay City Council
SECTION 1. GENERAL
1.1 Purpose. The purpose of the City Council Handbook is to promote communication, understanding, fairness, and trust among the members of the Lindsay City Council and staff concerning their roles, responsibilities, and expectations for management of the business of the City of Lindsay.
1.2 Values. Council members shall represent the best interests of the City and community at large. Councilmembers shall treat fellow Councilmembers, members of the public, staff and consultants with respect, civility and courtesy.
Councilmembers shall respect each other’s individual points of view and right to disagree. When addressing the public in any way, Councilmembers shall make certain their opinions are expressed solely as their own, and do not necessarily reflect the opinions of any other Councilmember. Council members shall respect the decisions of the majority of the Council at all times.
1.3 Code of Conduct. Members of City Council shall abide by the following code of conduct.
Members shall:
Work for the common good of the people of the City of Lindsay and not for any private or personal interest.
Endeavor to treat all members of the public and issues before them in a fair and equitable manner.
Make impartial decisions, free of bribes, unlawful gifts, narrow political interests and financial or other personal interests that impair independence of judgment or action.
Decisions will be fair, objective, made in public (unless allowed or required to be made in closed session), and understandable.
Fully participate in their meetings and other public forums while demonstrating respect and courtesy to others, practicing civility and decorum in discussions and debate, listening courteously and attentively, and engaging in effective communication.
Act in an efficient manner, making decisions based upon research and facts in accordance with the Brown Act to allow full and equal participation in the public process.
Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members, staff or members of the public. Refrain from negative comments regarding any person or January 09, 2024 Regular Meeting of the Lindsay City Council
group based on their race, ethnicity, sex, gender, sexual orientation, national origin, immigration status, religion, disability, age, marital status, or membership in any other protected category.
Respect and preserve the confidentiality of information provided to them concerning confidential matters of the City, and refrain from disclosing any information received confidentially without proper legal authorization nor use such information to advance the personal, financial, or private interests of themselves or others.
Use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority.
Respect established channels of communication with City staff, treat staff members professionally, and not attempt to pressure or influence discussions, recommendations, workloads, schedules or department priorities without the approval of a majority of the City Council providing direction directly to the City Manager.
In unofficial settings, members of City Council shall be clear in representing to the public, other agencies, and the media whether their comments or statements represent the official position of the City or a personal viewpoint.
1.4 Review. The City Council Handbook shall be amended by a majority vote of the City Council and may be updated administratively by the City Clerk in order to remain current with federal, state, and local law. It is recommended that a new Council conduct a review of the document within thirty days of its first regular meeting.
1.5 Ralph M. Brown Act. All conduct of the City Council shall be in full compliance with State law, including the Ralph M. Brown Act.
SECTION 2. MAYOR AND MAYOR PRO TEM APPOINTMENT PROCESS
2.1 Appointment of Mayor. The Council shall appoint from among their members a Mayor. Nominations shall be recorded by the City Clerk. The City Clerk will confirm acceptance of each nomination and put each nominee’s name to a vote in the order of the nominations received. The Mayor shall serve a two-year term and serve as the Presiding Officer of the Council.
2.2 Appointment of Mayor Pro Tem. The Council shall appoint from among their members a Mayor Pro Tem. Nominations shall be recorded by the City Clerk.
January 09, 2024 Regular Meeting of the Lindsay City Council
The City Clerk will confirm acceptance of each nomination and put each nominee’s name to a vote in the order of the nominations received. The Mayor Pro Tem shall serve a one-year term and fulfill the duties of the Mayor in their absence.
SECTION 3. COUNCIL ADMINISTRATIVE MATTERS
3.1 Oath of Office. The oath of office shall be administered to all Councilmembers prior to their assumption of office, at or before the first meeting in January following a general election, or within 30 days of a qualified person’s appointment to fill a Council vacancy.
3.2 Reorganization. The reorganization of the Council shall occur at the first meeting in December, or as soon thereafter.
3.3 Seating Order. Following the reorganization of Council, the City Clerk shall designate the seating order for the Council dais. The Mayor Pro Tem shall always be seated immediately to the right of the Mayor.
3.4 Attendance. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Councilmembers shall make a good faith effort to attend all such meetings unless unable.
Councilmembers will notify the City Manager or the City Clerk if they will be absent from a meeting, or if they wish to participate via teleconference prior to the meeting. Should a member of the Council have two (2) absences without notice, a review of Council Committees will be prompted and added to the next Council meeting agenda.
3.5 Appointment of Vacancy. If a vacancy occurs less than 90 days prior to a regular election, no appointment shall be made and the vacancy will be filled through the regular election process. Should a vacancy occur more than 90 days prior to the next regular election at which council members are to be elected, the vacancy shall be filled by a majority vote of the remaining members of the City Council.
The Council shall determine the process for appointment prior to the application process and in full accordance with State law.
3.6 Boards, Commissions, and Committees. The Council shall appoint representatives to committees, commissions, and boards as required by the governing bodies.
No later than the second regular meeting of January of each year, Council shall review all the appointments as provided in a list prepared by the City Clerk. The annual review will be conducted to fill vacancies or an expired term of office, and to consider removal of any appointee for cause, such as for failure to keep January 09, 2024 Regular Meeting of the Lindsay City Council
Council informed of the Committee’s activities, or for excessive absenteeism without good cause.
Each Councilmember shall commit themselves to serving as a representative on a minimum of one committee, commission, and/or board.
Councilmembers shall make a good faith effort to attend all meetings that require a quorum of the appointed members to convene a meeting.
If a Councilmember is unable to attend, they should notify their alternate and the City Clerk as far in advance of the meeting as possible.
Council representatives to such committees, commissions, or boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council.
The City Clerk will maintain and keep on file a list of Standing Committees, Ad Hoc Committees, regional agencies and organizations, and boards to which Councilmembers are appointed.
3.7 Reimbursement. The Council shall establish in the budget funding for conferences, meetings, training, and representation at ceremonial functions for the benefit of the City. Councilmembers shall attend these functions for purposes of improving comprehension of and proficiency in municipal affairs and/or legislative operations. Councilmembers shall be subject to the City’s Administrative Policy and Procedures for travel and expenses reimbursement.
Councilmembers shall not exceed travel expenses in the amount of $2,500 per fiscal year. Should a Councilmember wish to exceed the $2,500 amount allotted for travel per fiscal year, the request shall be placed on a regular meeting agenda and subject to approval by a majority of the Council.
3.8 Requests for City-Sanctioned Events or Use/Rental of City Facilities Outside of Normal Operation Hours. Any request for a City-sanctioned event to the City Council will be submitted as an agenda item and follow the timelines for submittal of agenda reports. Any request for a City-sanctioned event should include general information regarding the purpose and content of the event; anticipated event cost; information on the presenters; contact information; expected staff resources, and its overall benefit to the City. The request must be made during the ‘Request for Future Items’ portion of the regular City Council meeting. The request will be placed on the next meeting agenda and be subject to approval by a majority of the Council.
January 09, 2024 Regular Meeting of the Lindsay City Council
3.9 Trainings.
Ethics: Members of the City Council and commissions shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to their public service every two years. New members must receive this training within their first year of service. Members shall attend training sessions that are offered locally in the immediate vicinity of Tulare County or by completing online a state-approved public service ethics education program. An individual who serves on multiple legislative bodies needs only receive two hours of ethics training every two years to satisfy this requirement for all applicable public service positions.
Brown Act: Members of the City Council and commissions shall receive training in the Ralph M. Brown Act as it relates to public service every two years. New members must receive this training within their first year of service. Members shall attend training sessions that are offered locally in the immediate vicinity of Tulare County or by completing an online education component. Additionally, each Councilmember shall be provided with a digital copy of the a guide to the Ralph M. Brown Act prior to their assumption of office.
Sexual Harassment Prevention: In addition, Council members shall receive two hours of sexual harassment prevention training every two years, per State law.
New members must receive this training within their first six months of service.
3.10 Use of Electronic Devices During Council Meetings. Councilmembers shall not use electronic devices to send or receive communications regarding agenda items or to access information which other Councilmembers do not have equal access to during a meeting of the City Council at which they are in attendance. This does not apply to receipt of telephone calls or text messages from family members in the event of an urgent family matter.
3.11 Public Records. Councilmembers shall strive to use only their official City email account to conduct City business. The City shall provide Councilmembers with separate publicly owned devices such as tablets or cell phones for the conduct of City business.
If a request for records is received, a search that is reasonably calculated to locate responsive records will be conducted. Privacy concerns can and should be addressed on a case-by-case basis.
Social Media, AB 992, and the Brown Act. The City Council recognizes social media as a powerful tool for distributing important information and connecting with constituents. However, it is important to be mindful of how the regulations January 09, 2024 Regular Meeting of the Lindsay City Council
set forth in the Brown Act and, more recently, AB 992 impact Councilmembers’ use of social media.
Under AB 992, a public official may communicate on social media platforms to answer questions, provide information to the public or to solicit information from the public regarding a matter within the legislative body’s subject matter jurisdiction. However, these communications are only permissible so long as a majority of the members of the legislative body do not use any social media platform to “discuss among themselves” official business. Importantly, “discuss among themselves” has been broadly defined and arguably includes making posts, commenting, replying, sharing, reacting (e.g. “liking” a post) or using digital icons that express reactions, i.e., emojis.
The City council should abide by the provisions found within the City of Lindsay Social Media Policy.1
Best practices include the following:
a. Create a separate “business-only” account rather than using a personal account to distribute official information.
b. Limit online interactions with other Councilmembers to avoid the perception of a “serial meeting” under the Brown Act.
c. Avoid posting, responding, or interacting with posts that concern substantive agenda items or issues within subject matter jurisdiction. d. Do not block, unfriend, delete, or otherwise remove any social media user OR consider disabling the comment function altogether.
3.12 Conflict of Interest. The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them.
The Political Reform Act establishes regulations regarding conflicts of interests and campaign receipts and expenditures.
A public official who holds an office specified in Government Code Section 87200, and who has a disqualifying financial interest in a decision, shall identify the conflict of interest or potential conflict of interest, and immediately prior to the consideration of the matter, do all of the following:
a. Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in enough detail to be understood by the public. Residential street addresses do not have to be disclosed. 1 Attached as Appendix C
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b. Recuse themselves from discussing and voting on the matter, or otherwise acting in violation of Government Code Section 87100.
c. Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the Consent Calendar and is not pulled for extended discussion.
In the event, that multiple Councilmembers disclose a disqualifying Conflict of Interest for the same matter and a quorum is not reached with the remaining Councilmembers, the City Attorney shall provide guidance as to the selection method for achieving quorum.
It is critical to note that compliance with the State’s conflict of interest laws is each public official’s personal responsibility. While the City Attorney can render advice on the interpretation of State laws and regulations on conflict matters, such advice is solely an interpretation of the law. Further, the City Attorney represents the City and City Council as a whole and not individual Councilmembers. The only authority that can provide binding interpretations and possible immunity from civil or criminal liability on such matters is the Fair Political Practices Commission (FPPC).
SECTION 4. COUNCIL INTERACTION WITH CITY MANAGER, STAFF, AND MEDIA
4.1 City Manager. Councilmembers are free to go to the City Manager to discuss any subject. Issues concerning the performance of a Department or any employee must be directed to the City Manager. Councilmembers shall not meet with groups of management employees for the purpose of discussing terms of employment or establishing employee policy. Direction to City employees, other than the City Manager or City Attorney, is the sole prerogative of the City Manager.
4.2 Staff. The Council shall not abuse staff nor embarrass staff during open session, or at any other time. If a Councilmember has a question on a subject on the agenda, the Councilmember is encouraged to contact the City Manager, City Clerk, or Department Head prior to any meeting at which the subject may be discussed. This does not restrict Councilmembers from asking additional questions during a Council meeting. The Council shall treat staff members professionally, and not attempt to pressure or influence discussions, recommendations, workloads, schedules or department priorities without the approval of a majority of the City Council providing direction directly to the City Manager.
4.3 Media. Typically, the Mayor is the designated representative of the Council to speak on official City positions; however, the Mayor may at any time decline to January 09, 2024 Regular Meeting of the Lindsay City Council
make a public statement and/or designate a speaker on their behalf. Any Councilmember may choose to comment to the media but should clearly distinguish between personal viewpoints and any official City position.
Generally, press releases shall be prepared by City staff and routed to the City Manager for approval before release to the media. No member of the City Council shall issue any press release on behalf of the City without the express approval of the City Manager. The Councilmember appointed to the role of Mayor shall be clear in making oral or written public statements that they represent their personal viewpoint as the Mayor, or upon approval of a majority of the City Council, represent the viewpoint of the full City Council.
SECTION 5. MEETINGS
5.1 Open to the Public. All meetings of the City Council whether regular, special, or study sessions, shall be open to the public, unless a closed session is held as authorized by law. All meetings shall be noticed as required to allow action to be taken by the Council.
5.2 Quorum. Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. A quorum must be present to begin a Council meeting, for any vote to be taken, and during any portion of a noticed public hearing. If less than three Councilmembers appear at a regular meeting, the Mayor, Mayor Pro Tem in the absence of the Mayor, any Councilmember in the absence of both the Mayor and Mayor Pro Tem, or in the absence of all Council Members, the City Clerk, shall adjourn the meeting to a stated day and hour or cancel the meeting due to the lack of a quorum.
5.3 Broadcasting of City Council Meetings. All regular City Council meetings shall be video-recorded and broadcast over an online video teleconferencing platform of the City’s choice, unless the City is unable to do so due to unforeseen circumstances or circumstances beyond the City’s control.
5.4 Teleconferencing. If circumstances prevent a Councilmember from being physically present during a City Council meeting, the member may choose to participate via teleconference pursuant to State Law. Participation via teleconference shall be considered sufficient to attain Council quorum.
At the start of any Council meeting during which a Councilmember participates via teleconference, the City Clerk must announce the name of the Councilmember who is participating remotely and record that information in the meeting minutes. No Councilmember shall be authorized to participate in a meeting via teleconference unless:
January 09, 2024 Regular Meeting of the Lindsay City Council
a. The member notifies the City Manager and the City Clerk prior to the start of the meeting.
b. The remote connection is established prior to the start of the meeting and continuous for the duration of the meeting.
c. All persons present at the place of the meeting (including members of the public) can hear and speak to the person(s) participating remotely, and the person(s) participating remotely can hear and speak to all persons present at the place of the meeting, and to any other individual participating in the meeting via teleconference.
If a remote participant is disconnected from the meeting, the minutes must note that fact and the time at which the disconnection occurred.
A member who participates remotely retains their right to speak when recognized by the Presiding Officer, make or second any motion and cast votes.
5.5 Regular Meetings. As a matter of general principle, the City Council shall conduct its regular meetings at 6:00 p.m. on the second and fourth Tuesdays of each month in the City Council Chambers located at City Hall. The time, date, or place of a regular meeting may be altered as published in the Council agenda.
5.6 Adjournment. It shall be the policy of the City Council to adjourn meetings, including executive closed sessions, by 9:00 p.m. unless the Council elects to continue past the adjournment hour by unanimous consent of all Councilmembers in attendance, including any Councilmembers participating via teleconference. If at the hour of 9:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine by vote whether to continue any remaining items to the next regularly scheduled meeting or adjourn the meeting to another date and time pursuant to the procedures set forth in the Brown Act.
5.7 Successor Agency Meetings. The City Council also sits as Board Members of the Successor Agency to the dissolved Lindsay Redevelopment Agency and shall meet on an as-needed basis. The Mayor shall serve as Chairperson and the Mayor Pro Tem shall serve as the Vice Chairperson.
5.8 Special Meetings. Pursuant to Government Code Section 54956, a special meeting may only be called by the Mayor or a majority of the Council. Written notice must be given to the City Council and to the media 24 hours prior to a special meeting. Notice requirements of the Brown Act shall be complied with for all meetings. Notice of the meeting must be given in accordance with law. Public comments at special meetings shall be limited to only those items described on the special meeting notice/agenda.
January 09, 2024 Regular Meeting of the Lindsay City Council
5.9 Study Sessions. The City Council may choose to hold study sessions or joint meetings with other boards, commissions, committees, or agencies as deemed necessary to attend to City business. Study sessions are scheduled to provide Councilmembers the opportunity to better understand a particular item.
5.10 Closed Sessions. The City Council may hold closed sessions at any time authorized by law (and in consultation with the City Attorney), to consider or hear any matter, which is authorized by law. Requests for a closed session should be made to the City Manager.
SECTION 6. POSTING NOTICE AND AGENDA
6.1 Posting of Notice and Agenda. For every regular, special, or study session meeting, the City Clerk or other authorized person shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all items of business to be discussed at the meeting. This notice and agenda may be combined in a single document. The City Clerk shall post each agenda for a City Council regular meeting no less than 72 hours in advance of the meeting and shall post each agenda for a special meeting no less than 24 hours in advance of the meeting online and in the official bulletin board. The City Clerk shall maintain an affidavit indicating the location, date and time of posting for each agenda. The City Clerk shall also post agenda packets, minutes and all legal notices for City Council meetings on the City's website. Copies shall also be available free of charge in the City Clerk's Office.
Not later than the third day prior to said meeting, the City Clerk shall distribute the packet to each member of the City Council and place a packet for public review at the City Hall Bulletin Board. The agenda packet will also be made available to members of the press upon request and will be posted on the City's website. Any supplemental materials distributed to members of the City Council after the posting of the agenda will be available for public review in the City Clerk's Office and at the City Council meeting. If supplemental materials are made available to the members of the City Council at the meeting, a copy will be available for public review in the City Council Chambers. All supplemental materials shall be posted online after the meeting. The City Clerk shall not accept any agenda item or revised agenda item after established deadlines unless authorized by the City Manager.
6.2 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. Matters not included on the published agenda may not be discussed and acted upon unless otherwise authorized by State law or providing the City Council finds one of the following conditions is met: a) Four-fifths of the City Council determines that the subject January 09, 2024 Regular Meeting of the Lindsay City Council
meets the criteria of "Emergency" as defined in Section M. b) Four-fifths of the City Council determines that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda as required by law.
6.3 Location of Posting. The notice and agenda shall be posted on a bulletin board, publicly accessible, at City Hall, 251 E. Honolulu Street, Lindsay, California, and on the City website.
SECTION 7. AGENDA CONTENTS
7.2 Agenda Packets. Councilmembers are expected to review the agenda and all agenda packet materials, participate in discussions, and make an informed decision on the merits of the issues before them. The complete agenda packet for any regular, special, or study session meeting shall be made available to the public as required by law.
a. Packet Preparation. No later than the Friday prior to the City Council Meeting, the City Clerk shall prepare the agenda packet, which shall include the agenda plus all of its corresponding agenda reports and attachments. No item shall be considered if not included in the packet, except that a correction or supplement to an item already included in the packet may be considered. Reports carried over as Old Business shall be reproduced again at the City Manager's discretion.
7.3 Limitation to Act Only on Items on the Agenda. No action shall be taken on any matter not on the posted agenda, subject only to the exception whereupon a majority of the Council determines the existence of an “emergency situation” as defined by state law.
7.4 “Emergency Matter". In accordance with State Law, an emergency matter arises when prompt action is necessary due to the disruption or threatened disruption of public facilities and a majority of the City Council determines that: 1) a work stoppage or other activity which severely impairs public health, safety, or both; 2) a crippling disaster which severely impairs public health, safety or both.
Notice of the Council’s proposed consideration of any such emergency matter shall be given in the manner required by law for such an emergency pursuant to Government Code Section 54956.5.
7.5 "Timing" of Agenda. The City Clerk will “time” each agenda item as a way for the Council to maintain a sense of how much time can be committed to any one item without going past an established ending time for the meeting. This includes a suggested maximum of 10 minutes for any presentations to Council.
January 09, 2024 Regular Meeting of the Lindsay City Council
7.6 Consent Calendar. The Consent Calendar may include routine and noncontroversial items. Items on the Consent Calendar are treated as one agenda item and shall be acted upon by a single vote of Council. A Councilmember may request an item be removed from the Consent Calendar. Councilmembers shall be given the opportunity to ask a clarifying question about a consent item or make a brief comment about an item without having to remove the item from the Consent Calendar.
7.7 Council Requests for Future Agenda 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. IIf 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.
7.8 Procedure for Bringing Matters before City Council. a. Requesting Matters for Placement on the Agenda. Matters requested by City staff are approved by the City Manager. Agenda reports shall be reviewed by the City Manager. The City Manager can recommend that the matter be referred to the City Council or back to the originating department for adherence to required form, additional analysis, or suggest other appropriate action including scheduling the matter for a later meeting to allow for appropriate revisions. The City Manager determines the placement and timing of items on the Agenda. b. Emergency and Non-Agendized Items. Emergency and non-agendized items may be added to an agenda only in accordance with state law.
Emergency items are only those matters affecting public health or safety such as work stoppages, disasters and other severe emergencies that severely impair the public health and/or safety qualify for emergency meetings. Adding an emergency item requires a four-fifths vote of the Council. Emergency items are very rare. More likely, after the agenda is posted, an item arises that the City Council would like to act on.
Nonagendized items may be added to the agenda only if the City Council makes findings that 1) the need to consider the item arose after the posting of the agenda; and 2) there is a need to take immediate action at this meeting of the City Council. These findings must be approved by a fourfifths vote; if less than five members of City Council are present, the findings require a unanimous vote of those present.
January 09, 2024 Regular Meeting of the Lindsay City Council
c. Scheduling Public Hearings Mandated by State, Federal, or Local Statute.
The City Clerk may schedule a public hearing at an available time and date in those cases where State, Federal or local statute mandates the City Council hold a public hearing.
d. Submission of Agenda Items. Except for Old Business, as a condition to placing an item on the agenda, agenda items from departments, shall be furnished to the City Clerk at a time established by the City Manager. The City Manager has set a deadline of 12:00 p.m. on Monday eight days prior to the regular City Council Meeting at which the item is to be presented. If Monday falls on a holiday, the agenda item shall be submitted to the City Clerk on the preceding Thursday, twelve days before a meeting. e. Proclamations. Ceremonial proclamations are often requested of the City in recognition of an event or individual. Certificates and Proclamations may be sent directly to the requestor or presented at a City Council meeting as arranged with the requesting body and at the Council’s discretion. Proclamations may be approved by the Mayor, Two (2) Members of the City Council, or the City Manager (for routine items).
Proclamations or certificates of recognition will not be issued for: Political Campaigns or Endorsements of Political Candidates, individuals with no direct relationship to the City of Lindsay, or individuals contrary to City policies or any applicable law or regulation. City Council Members will have the opportunity for rebuttal of a proclamation immediately following its reading.
f. Formal City Council Positions. Formal support or opposition by the City Council for any form of a legislative platform, specific legislation or other matters shall be approved by a majority of the City Council. Any individual Councilmember may request the Mayor for approval to add an item to the agenda for consideration. The Mayor shall report out at a City Council Meeting, any statements made representing the viewpoint of the full City Council. The City Council shall not take action on any matter that has no direct effect on the local affairs of the City of Lindsay and over which the City, as a California municipal corporation, has no jurisdiction.
The requesting Councilmember shall furnish with the request, proposed language in the form of a letter, resolution, or other documentation that provides a direct connection or effect on the City of Lindsay. g. Scheduling a Presentation. Any requests for a presentation, can be called for by any Councilmember during the ‘Request for Future Items’ section of a regular meeting. Immediately following the request of a presentation, January 09, 2024 Regular Meeting of the Lindsay City Council
a vote will be taken on the item. If a majority of the City Council supports the presentation, then the presentation will be scheduled 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 a presentation should be added to an agenda, not the merit of the item. Members of the public may also request a presentation in writing to the City Clerk of City Manager. Staff shall present the written request to the Council at the meeting following the written request. A vote will be taken on the item.
SECTION 8. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS
8.1 Sergeant-at-Arms. The Chief of Police their designee shall serve as the Sergeantat-Arms of the Council meetings, and shall be in attendance when requested by the Presiding Officer. The Sergeant-at-Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at council meetings. The Mayor may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the Mayor for the purpose of maintaining order and decorum at the City Council meetings. Upon instructions of the Mayor or a majority of the City Council, it shall be the duty of the Sergeant-of-Arms, or any officer present, to escort outside or place under arrest any person who violates the order and decorum of the meeting, and cause them as necessary, to be prosecuted under the provisions of applicable law. Effective January 1, 2022, Senate Bill (SB) 1100 Section 54957.95 pertaining to orderly conduct of open meetings will be in effect.
8.2 Parliamentarian. The City Clerk shall be designated as Parliamentarian for the City Council proceedings to advise the Presiding Officer, within the limitations imposed by Rosenberg’s Rules of Order and in consultation with the City Attorney.
8.3 Presiding Officer. The Mayor shall serve as the Presiding Officer of the Council.
As Presiding Officer, the Mayor is responsible for running a timely and orderly meeting. If the Mayor is unavailable, the Mayor Pro Tem shall run the meeting.
In the absence of both the Mayor and the Mayor Pro Tem, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be selected by the Councilmembers present for the duration of one meeting only.
8.4 Responsibilities of the Presiding Officer.
a. The Presiding Officer shall be responsible for maintaining the order and decorum of meetings. It shall be the duty and responsibility of the Presiding Officer to ensure that the rules of operation and decorum January 09, 2024 Regular Meeting of the Lindsay City Council
contained herein are observed. The Presiding Officer shall maintain control of communication between Councilmembers and among Council, staff and public.
b. Communication with Councilmembers
i. Councilmembers shall request the floor from the Presiding Officer before speaking.
ii. When one member of the Council has the floor and is speaking, other Councilmembers shall not interrupt or otherwise disturb the speaker.
c. Communication with Members of the Public Addressing the Council i. The Presiding Officer shall open the floor for public comment as appropriate.
ii. Any staff member with an item on the agenda will be available to the City Council to answer questions arising during discussions between Councilmembers and among Councilmembers and
members of the public.
iii. Members of the public shall direct their questions and comments to the Council, not to staff.
8.5 Rules of Order. The City Council adopts no specific rules of order except those listed herein. The City Council shall refer to Rosenberg’s Rules of Order, as a guide for the conduct of meetings, with the following modifications:
a. A motion is not required prior to a general discussion on an agenda item.
A pre-motion discussion allows the members to share their thoughts so that a motion can more easily be made that considers what appears to be the majority position.
b. All motions except nominations require a second.
c. A motion may be amended at the request of the maker and the consent of the person who seconded the motion. Such a procedure is often used to accommodate concerns expressed by other members.
d. A motion to amend may still be used.
8.6 Public Hearing Procedures. Generally, public hearings are to be conducted in the following order:
a. Presentation of Staff Report.
b. Questions by Council and/or Staff.
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c. Presiding Officer Opens Hearing.
d. Public Testimony.
i. Public Hearings shall be conducted with such time necessary for a fair and reasonable oral testimony; it is the City’s policy not to institute time limits for public testimony under Public Hearing matters.
e. Presiding Officer Closes Hearing.
i. Once the hearing has been closed, no additional public testimony will be taken without a majority vote of the Council to reopen the hearing.
ii. No main motions may be made by a Councilmember until after a hearing is closed for public comment.
f. Discussion by Council.
g. Action by Council.
8.7 Public Comment.
a. During Regular City Council meetings, comments may be offered on items not on the agenda under that portion of the agenda identified for Public Comment. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Presiding Officer.
b. Upon addressing the Council, each speaker is requested, but not required, to state their name.
c. Councilmembers shall be respectful of the speakers and shall not enter into a debate with any member of the public. Cross-exchange, including follow-up questions, between the Council and the public should be limited to the extent possible during Public Comment.
d. The public may also choose to submit a written comment. Public comments received via email, postal mail, or hand-delivered to the City Clerk will be distributed to the Council and incorporated into the official minutes; however, they will not be read aloud in open session. e. A group of speakers may designate a single speaker to represent the group. The designated speaker would be given the time which would have been allocated to others (to a maximum of 10 minutes) to speak.
Individuals wanting to delegate time to another must be present at the January 09, 2024 Regular Meeting of the Lindsay City Council
meeting and must indicate their desire to cede time to a single individual by notifying the City Clerk.
f. The Presiding Officer or Parliamentarian have the right to ask a member of the public to step down if over the allotted time or if comments are not germane.
g. Unless prior arrangements have been made by a member of the public with the City Clerk by the Friday preceding the Tuesday council meeting at 5:00 P.M., audiovisual materials of any kind will not be permitted during Public Comment.
h. Alternative methods of addressing the Council shall be allowed for persons who do not speak English or those who require other accommodations. Requests for accommodation should be made with the City Clerk.
i. State law provides that Council can take action only on such matters that have been noticed at least 72 hours in advance of the meeting, unless special circumstances are found to exist. As a result, substantive discussion or formal action by the Council on non-agendized items is not allowed under Public Comment.
8.8 Voting and Motions. Councilmembers will have the opportunity to ask questions of staff, comment on, and discuss any agendized item in order to help form a consensus before a motion is offered. After such discussion, any Councilmember may make a motion. Before the motion can be considered or discussed, it must be seconded; a motion that does not receive a second is considered a “dead” motion.
Unless any Councilmember calls for separate votes in advance, any item on the Agenda with related sub-parts shall be treated as one agenda item and voted on in one motion.
8.9 Abstaining from a Vote. Any council member who abstains from voting without a valid reason shall be deemed to have voted with the majority on that particular issue. Any council member who publicly announces that they are abstaining from voting on a particular matter for specified and valid reasons shall not subsequently be allowed to withdraw that abstention.
8.10 Tie Votes. If a tie vote results at a time when less than all members of the Council who may legally participate in the matter are present, the matter may be automatically continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Otherwise, tie votes shall be lost motions.
January 09, 2024 Regular Meeting of the Lindsay City Council
8.11 Discussion.
a. Speaking More Than Once. To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Councilmember has already spoken, other Councilmembers wishing to speak shall then be recognized. It is not necessary for all City Councilmembers to speak or give their viewpoints if another Councilmember has already addressed their concerns.
b. Relevancy of Discussion. All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. Councilmembers shall avoid repetition and strive to move the discussion along. Arguments, for or against a measure, should be stated as concisely as possible.
A motion, its nature, or consequences, may be debated vigorously. It is never permissible to attack the motives, character, or personality of a Councilmember either directly or by innuendo or implication. It is the duty of the Presiding Officer to instantly rule out of order any Councilmember who engages in personal attacks.
It is the responsibility of each Councilmember to maintain an open mind on all issues during discussion and deliberation.
c. Duties of Councilmembers. Promptly at the time and the date of each regular meeting, members of the City Council shall take their regular stations in the Council Chambers and the business of the City Council shall be taken up for consideration and disposition.
d. Presiding Officer’s Duties During Discussion. The Presiding Officer has the responsibility of controlling and expediting the discussion. A Councilmember who has been recognized to speak on a question has a right to the undivided attention of the Council. It is the duty of the Presiding Officer to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary. e. After the Vote. Once a majority of the Council has approved a motion, no further discussion shall be made.
8.12 Councilmember Respect. Councilmembers shall abide by the majority decision of the Council, even if in the minority. All members of the Council, including those serving as Mayor and Mayor Pro Tem, have equal votes. No Councilmember has more power than any other, and all shall be treated with equal respect.
January 09, 2024 Regular Meeting of the Lindsay City Council
SECTION 9. CLOSED SESSIONS
9.1 Purpose. It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, state law recognizes that, in certain circumstances, public discussion could potentially jeopardize the public interest, compromise the City’s position, and could cost the taxpayers of Lindsay financially. Therefore, closed sessions shall be held from time to time in accordance with the law. The procedures for the conduct of these meetings shall be the same as for public meetings, except that the public will be excluded.
9.2 Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Councilmembers and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.
The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality for closed sessions.
9.3 Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, or documents used in a closed session except where specifically authorized by State law. Any authorized disclosure shall be in strict compliance with these rules and the Ralph M. Brown Act.
Violation of this rule shall be considered a breach of this rule of confidentiality and grounds for censure.
9.4 Agenda. The agenda for a closed session will contain that information required to be disclosed pursuant to the Ralph M. Brown Act.
9.5 Permissible Topics. All closed sessions will be held in strict compliance with the Ralph M. Brown Act. The City Attorney and/or City Clerk will advise in advance on topics that may be discussed in a closed session.
9.6 Rules of Decorum.
a. The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Councilmembers to disagree. Councilmembers shall strive to make each other feel comfortable and safe to express their points of view. All Councilmembers have the right to insist upon strict adherence to this rule.
January 09, 2024 Regular Meeting of the Lindsay City Council
b. Prior to a vote, the Presiding Officer shall ensure that the motion is clearly stated and clearly understood by all Councilmembers.
c. Decorum by Councilmembers. While the City Council is in session, Councilmembers must respect the Presiding Officer’s authority to conduct each meeting and preserve order and decorum. A member shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of the City Council nor disturb any member while speaking, nor refuse to obey the orders of the Council, or the Mayor, except as otherwise herein provided. Members shall make the public feel welcome, value each other's time and respect each other's opportunity to speak while attempting to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority.
9.7 Conduct of Meeting.
a. The Presiding Officer will call the closed session to order. b. The Presiding Officer will keep discussion focused on the permissible topics.
c. The use of handouts and visual aids such as charts is encouraged to focus debate and promote understanding of the topic. All such materials are strictly confidential.
d. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisitions or disposal, a proposed or pending claim or litigation, or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the matter. A Councilmember, not so designated by the Council, will not under any circumstances have any contact or discussion with the other party or its representative concerning the matter which was discussed in the closed session, and will not communicate any discussions conducted in closed session to such party.
9.8 Public Disclosure After Final Action.
a. The Ralph M. Brown Act requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final. Accordingly, the City Council shall publicly report any final action taken in closed session, and the vote, including abstentions, as directed by the Ralph M. Brown Act. B. The report will state only the action taken and the vote. Unless authorized by the majority of the City January 09, 2024 Regular Meeting of the Lindsay City Council
Council, the report will not make representations as to the debate or discussion that occurred. Except for the action taken and the vote, all closed session discussions will remain confidential.
SECTION 10. DECORUM
10.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord the utmost courtesy to each other, City employees, and the public. When speaking, a Councilmember’s tone should remain neutral and non-verbal communication aspects should be considerate and polite.
10.2 City Employees. Members of the City staff shall observe the same rules of order and decorum applicable to the City Council.
10.3 Public. Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council.
10.4 Noise in the Chambers. Noise emanating from the audience, whether expressing opposition or support within the City Hall Chambers which disrupts City Council meetings, shall not be permitted. All cellular phones and other consumer electronic devices shall be muted while in the chambers.
SECTION 11. DISCLAIMER
To the extent a matter is not covered by the Handbook, the Presiding Officer in consultation with the City Clerk and/or City Attorney may make a ruling. Any such ruling may not violate the Charter of the City of Lindsay, the Lindsay Municipal Code, or statutory provisions that may govern a particular matter.
If any rule, guideline, or policy contained herein is in conflict with the provisions of the Charter or the Lindsay Municipal Code, such rule shall be deemed invalid or modified to conform to the Charter or Lindsay Municipal Code. Such invalidity shall not affect other rules, guidelines, or policies contained herein which can be given effect without the invalid rule, guideline, or policy, and to this end these rules, guidelines, and policies are severable. Any deviation from the City Council Handbook shall not, alone, invalidate the approval of any matter.
January 09, 2024 Regular Meeting of the Lindsay City Council
APPENDIX A: OPEN & PUBLIC: A GUIDE TO THE RALPH M. BROWN ACT (LEAGUE OF CALIFORNIA CITIES)
APPENDIX B: ROSENBERG’S RULES OF ORDER (SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21ST CENTURY)
APPENDIX C: CITY OF LINDSAY SOCIAL MEDIA POLICY
January 09, 2024 Regular Meeting of the Lindsay City Council
Open & Public V
A GUIDE TO THE RALPH M. BROWN ACT
REVISED APRIL 2016
January 09, 2024 Regular Meeting of the Lindsay City Council
II OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
ACKNOWLEDGEMENTS
ACKNOWLEDGEMENTS
The League thanks the following individuals for their work on this publication:
Brown Act Committee
Michael Jenkins, Committee Chair
City Attorney, Hermosa Beach, Rolling Hills and West Hollywood Michael W. Barrett
City Attorney, Napa
Damien Brower
City Attorney, Brentwood
Ariel Pierre Calonne
City Attorney, Santa Barbara
Veronica Ramirez
Assistant City Attorney, Redwood City
Malathy Subramanian
City Attorney, Clayton and Lafayette
Paul Zarefsky
Deputy City Attorney, San Francisco
Gregory W. Stepanicich
1st Vice President, City Attorneys’ Department
City Attorney Fairfield, Mill Valley, Town of Ross
League Staff
Patrick Whitnell, General Counsel
Koreen Kelleher, Assistant General Counsel
Corrie Manning, Senior Deputy General Counsel
Alison Leary, Deputy General Counsel
Janet Leonard, Legal Assistant
January 09, 2024 Regular Meeting of the Lindsay City Council
OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 1
Open & PublicV
A GUIDE TO THE RALPH M. BROWN ACT
REVISED APRIL 2016
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS ....................................................5 CHAPTER 2: LEGISLATIVE BODIES.................................................................11 CHAPTER 3: MEETINGS.................................................................................17 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ...................29 CHAPTER 5: CLOSED SESSIONS....................................................................41 CHAPTER 6: REMEDIES .................................................................................55 January 09, 2024 Regular Meeting of the Lindsay City Council
2 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
TABLE OF CONTENTS
TABLE OF CONTENTS
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS ..........................................5 The right of access ...................................................................................................................6 Broad coverage ........................................................................................................................6 Narrow exemptions .................................................................................................................7 Public participation in meetings ..............................................................................................7 Controversy..............................................................................................................................8 Beyond the law — good business practices............................................................................8 Achieving balance ....................................................................................................................9 Historical note ..........................................................................................................................9 CHAPTER 2: LEGISLATIVE BODIES.......................................................11 What is a “legislative body” of a local agency? ......................................................................12 What is not a “legislative body” for purposes of the Brown Act? .........................................14 CHAPTER 3: MEETINGS........................................................................17 Brown Act meetings...............................................................................................................18 Six exceptions to the meeting definition...............................................................................18 Collective briefings.................................................................................................................21 Retreats or workshops of legislative bodies..........................................................................21 Serial meetings.......................................................................................................................21 Informal gatherings ................................................................................................................24 Technological conferencing ...................................................................................................24 Location of meetings..............................................................................................................25 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ......29 Agendas for regular meetings................................................................................................30 Mailed agenda upon written request.....................................................................................31 Notice requirements for special meetings ............................................................................32 Notices and agendas for adjourned and continued meetings and hearings ........................32 Notice requirements for emergency meetings .....................................................................32 Notice of compensation for simultaneous or serial meetings ..............................................33 Educational agency meetings ................................................................................................33 Notice requirements for tax or assessment meetings and hearings....................................33 January 09, 2024 Regular Meeting of the Lindsay City Council
OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 3
Non-agenda items..................................................................................................................34 Responding to the public .......................................................................................................34 The right to attend and observe meetings ............................................................................35 Records and recordings .........................................................................................................36 The public’s place on the agenda ..........................................................................................37 CHAPTER 5: CLOSED SESSIONS ..........................................................41 Agendas and reports..............................................................................................................42 Litigation.................................................................................................................................43 Real estate negotiations ........................................................................................................45 Public employment ................................................................................................................46 Labor negotiations .................................................................................................................47 Labor negotiations — school and community college districts ............................................48 Other Education Code exceptions .........................................................................................48 Joint Powers Authorities ........................................................................................................48 License applicants with criminal records ..............................................................................49 Public security........................................................................................................................49 Multijurisdictional law enforcement agency .........................................................................49 Hospital peer review and trade secrets.................................................................................49 Other legislative bases for closed session.............................................................................50 Who may attend closed sessions ..........................................................................................50 The confidentiality of closed session discussions .................................................................50 CHAPTER 6: REMEDIES ........................................................................55 Invalidation .............................................................................................................................56 Applicability to Past Actions ..................................................................................................57 Civil action to prevent future violations.................................................................................57 Costs and attorney’s fees ......................................................................................................58 Criminal complaints ...............................................................................................................58 Voluntary resolution...............................................................................................................59 January 09, 2024 Regular Meeting of the Lindsay City Council
4 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
January 09, 2024 Regular Meeting of the Lindsay City Council
OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 5 5
Chapter 1
IT IS THE PEOPLE’S BUSINESS
The right of access.............................................................................................................. 6 Broad coverage ................................................................................................................... 6 Narrow exemptions ............................................................................................................ 7 Public participation in meetings ......................................................................................... 7 Controversy......................................................................................................................... 8 Beyond the law — good business practices ...................................................................... 8 Achieving balance............................................................................................................... 9 Historical note..................................................................................................................... 9 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
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6 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
The right of access
Two key parts of the Brown Act have not changed since its adoption in 1953. One is the Brown Act’s initial section, declaring the Legislature’s intent:
“In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.” “The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”1
The people reconfirmed that intent 50 years later in the November 2004 election by adopting Proposition 59, amending the California Constitution to include a public right of access to government information:
“The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”2 The Brown Act’s other unchanged provision is a single sentence:
“All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.”3 That one sentence is by far the most important of the entire Brown Act. If the opening is the soul, that sentence is the heart of the Brown Act.
Broad coverage
The Brown Act covers members of virtually every type of local government body, elected or appointed, decision-making or advisory. Some types of private organizations are covered, as are newly-elected members of a legislative body, even before they take office.
Similarly, meetings subject to the Brown Act are not limited to face-to-face gatherings. They also include any communication medium or device through which a majority of a legislative body Chapter 1
IT IS THE PEOPLE’S BUSINESS
PRACTICE TIP: The key to the
Brown Act is a single sentence.
In summary, all meetings shall
be open and public except
when the Brown Act authorizes
otherwise.
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OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 7
discusses, deliberates or takes action on an item of business outside of a noticed meeting. They include meetings held from remote locations by teleconference.
New communication technologies present new Brown Act challenges. For example, common email practices of forwarding or replying to messages can easily lead to a serial meeting prohibited by the Brown Act, as can participation by members of a legislative body in an internet chatroom or blog dialogue. Communicating during meetings using electronic technology (such as laptop computers, tablets, or smart phones) may create the perception that private communications are influencing the outcome of decisions; some state legislatures have banned the practice. On the other hand, widespread cablecasting and web streaming of meetings has greatly expanded public access to the decision-making process.
Narrow exemptions
The express purpose of the Brown Act is to assure that local government agencies conduct the public’s business openly and publicly. Courts and the California Attorney General usually broadly construe the Brown Act in favor of greater public access and narrowly construe exemptions to its general rules.4
Generally, public officials should think of themselves as living in glass houses, and that they may only draw the curtains when it is in the public interest to preserve confidentiality. Closed sessions may be held only as specifically authorized by the provisions of the Brown Act itself.
The Brown Act, however, is limited to meetings among a majority of the members of multimember government bodies when the subject relates to local agency business. It does not apply to independent conduct of individual decision-makers. It does not apply to social, ceremonial, educational, and other gatherings as long as a majority of the members of a body do not discuss issues related to their local agency’s business. Meetings of temporary advisory committees — as distinguished from standing committees — made up solely of less than a quorum of a legislative body are not subject to the Brown Act.
The law does not apply to local agency staff or employees, but they may facilitate a violation by acting as a conduit for discussion, deliberation, or action by the legislative body.5 The law, on the one hand, recognizes the need of individual local officials to meet and discuss matters with their constituents. On the other hand, it requires — with certain specific exceptions to protect the community and preserve individual rights — that the decision-making process be public. Sometimes the boundary between the two is not easy to draw.
Public participation in meetings
In addition to requiring the public’s business to be conducted in open, noticed meetings, the Brown Act also extends to the public the right to participate in meetings. Individuals, lobbyists, and members of the news media possess the right to attend, record, broadcast, and participate in public meetings. The public’s participation is further enhanced by the Brown Act’s requirement that a meaningful agenda be posted in advance of meetings, by limiting discussion and action to matters listed on the agenda, and by requiring that meeting materials be made available.
Legislative bodies may, however, adopt reasonable regulations on public testimony and the conduct of public meetings, including measures to address disruptive conduct and irrelevant speech.
PRACTICE TIP: Think of the
government’s house as being
made of glass. The curtains may
be drawn only to further the
public’s interest. A local policy
on the use of laptop computers,
tablets, and smart phones during
Brown Act meetings may help
avoid problems.
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8 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
Controversy
Not surprisingly, the Brown Act has been a source of confusion and controversy since its inception.
News media and government watchdogs often argue the law is toothless, pointing out that there has never been a single criminal conviction for a violation. They often suspect that closed sessions are being misused.
Public officials complain that the Brown Act makes it difficult to respond to constituents and requires public discussions of items better discussed privately — such as why a particular person should not be appointed to a board or commission. Many elected officials find the Brown Act inconsistent with their private business experiences. Closed meetings can be more efficient; they eliminate grandstanding and promote candor. The techniques that serve well in business — the working lunch, the sharing of information through a series of phone calls or emails, the backroom conversations and compromises — are often not possible under the Brown Act.
As a matter of public policy, California (along with many other states) has concluded that there is more to be gained than lost by conducting public business in the open. Government behind closed doors may well be efficient and business-like, but it may be perceived as unresponsive and untrustworthy.
Beyond the law — good business practices
Violations of the Brown Act can lead to invalidation of an agency’s action, payment of a challenger’s attorney fees, public embarrassment, even criminal prosecution. But the Brown Act is a floor, not a ceiling for conduct of public officials. This guide is focused not only on the Brown Act as a minimum standard, but also on meeting practices or activities that, legal or not, are likely to create controversy. Problems may crop up, for example, when agenda descriptions are too brief or vague, when an informal gettogether takes on the appearance of a meeting, when an agency conducts too much of its business in closed session or discusses matters in closed session that are beyond the authorized scope, or when controversial issues arise that are not on the agenda.
The Brown Act allows a legislative body to adopt practices and requirements for greater access to meetings for itself and its subordinate committees and bodies that are more stringent than the law itself requires.6
Rather than simply restate the basic
requirements of the Brown Act, local open meeting policies should strive to anticipate and prevent problems in areas where the Brown Act does not provide full guidance. As with the adoption of any other significant policy, public comment should be solicited.
A local policy could build on these basic Brown Act goals:
A legislative body’s need to get its business done smoothly; The public’s right to participate meaningfully in meetings, and to review documents used in decision-making at a relevant point in time;
A local agency’s right to confidentially address certain negotiations, personnel matters, claims and litigation; and
The right of the press to fully understand and communicate public agency decision-making.
PRACTICE TIP: Transparency
is a foundational value for
ethical government practices.
The Brown Act is a floor, not a
ceiling, for conduct.
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OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 9
An explicit and comprehensive public meeting and information policy, especially if reviewed periodically, can be an important element in maintaining or improving public relations. Such a policy exceeds the absolute requirements of the law — but if the law were enough, this guide would be unnecessary. A narrow legalistic approach will not avoid or resolve potential controversies. An agency should consider going beyond the law, and look at its unique circumstances and determine if there is a better way to prevent potential problems and promote public trust. At the very least, local agencies need to think about how their agendas are structured in order to make Brown Act compliance easier. They need to plan carefully to make sure public participation fits smoothly into the process.
Achieving balance
The Brown Act should be neither an excuse for hiding the ball nor a mechanism for hindering efficient and orderly meetings. The Brown Act represents a balance among the interests of constituencies whose interests do not always coincide. It calls for openness in local government, yet should allow government to function responsively and productively.
There must be both adequate notice of what discussion and action is to occur during a meeting as well as a normal degree of spontaneity in the dialogue between elected officials and their constituents.
The ability of an elected official to confer with constituents or colleagues must be balanced against the important public policy prohibiting decision-making outside of public meetings.
In the end, implementation of the Brown Act must ensure full participation of the public and preserve the integrity of the decision-making process, yet not stifle government officials and impede the effective and natural operation of government.
Historical note
In late 1951, San Francisco Chronicle reporter Mike Harris spent six weeks looking into the way local agencies conducted meetings. State law had long required that business be done in public, but Harris discovered secret meetings or caucuses were common. He wrote a 10-part series on “Your Secret Government” that ran in May and June 1952.
Out of the series came a decision to push for a new state open meeting law. Harris and Richard (Bud) Carpenter, legal counsel for the League of California Cities, drafted such a bill and Assembly Member Ralph M. Brown agreed to carry it. The Legislature passed the bill and Governor Earl Warren signed it into law in 1953.
The Ralph M. Brown Act, known as the Brown Act, has evolved under a series of amendments and court decisions, and has been the model for other open meeting laws — such as the Bagley-Keene Act, enacted in 1967 to cover state agencies.
Assembly Member Brown is best known for the open meeting law that carries his name. He was elected to the Assembly in 1942 and served 19 years, including the last three years as Speaker. He then became an appellate court justice.
PRACTICE TIP: The Brown Act
should be viewed as a tool
to facilitate the business of
local government agencies.
Local policies that go beyond
the minimum requirements
of law may help instill public
confidence and avoid problems.
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10 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
ENDNOTES:
1 California Government Code section 54950
2 California Constitution, Art. 1, section 3(b)(1)
3 California Government Code section 54953(a)
4 This principle of broad construction when it furthers public access and narrow construction if a provision limits public access is also stated in the amendment to the State’s Constitution adopted by Proposition 59 in 2004. California Constitution, Art. 1, section 3(b)(2). 5 California Government Code section 54952.2(b)(2) and (c)(1); Wolfe v. City of Fremont (2006) 144 Cal.App.4th 533
6 California Government Code section 54953.7
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
January 09, 2024 Regular Meeting of the Lindsay City Council
OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT11 11 Chapter 2
LEGISLATIVE BODIES
What is a “legislative body” of a local agency? ................................................................ 12 What is not a “legislative body” for purposes of the Brown Act? .................................... 14 January 09, 2024 Regular Meeting of the Lindsay City Council
12 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 2: LEGISLATIVE BODIES
The Brown Act applies to the legislative bodies of local agencies. It defines “legislative body” broadly to include just about every type of decision-making body of a local agency.1 What is a “legislative body” of a local agency?
A “legislative body” includes:
The “governing body of a local agency” and certain of its subsidiary bodies; “or any other local body created by state or federal statute.”2 This
includes city councils, boards of supervisors, school boards and boards of trustees of special districts. A “local agency” is any city, county, city and county, school district, municipal corporation, successor agency to a redevelopment agency, district, political subdivision or other local public agency.3
A housing authority is a local agency under the Brown Act even though it is created by and is an agent of the state.4 The California
Attorney General has opined that air pollution control districts and regional open space districts are also covered.5
Entities created pursuant
to joint powers agreements are also local agencies within the meaning of the Brown Act.6
Newly-elected members of a legislative body who have not yet assumed office must conform to the requirements of the Brown Act as if already in office.7 Thus, meetings
between incumbents and newly-elected members of a legislative body, such as a meeting between two outgoing members and a member-elect of a five-member body, could violate the Brown Act.
Q. On the morning following the election to a five-member legislative body of a local agency, two successful candidates, neither an incumbent, meet with an incumbent member of the legislative body for a celebratory breakfast. Does this violate the Brown Act?
A. It might, and absolutely would if the conversation turns to agency business. Even though the candidates-elect have not officially been sworn in, the Brown Act applies.
If purely a social event, there is no violation but it would be preferable if others were invited to attend to avoid the appearance of impropriety. Appointed bodies — whether permanent or temporary, decision-making or advisory — including planning commissions, civil service commissions and other subsidiary committees, boards, and bodies. Volunteer groups, executive search committees, task forces, and blue ribbon committees created by formal action of the governing body are legislative bodies. When the members of two or more legislative bodies are appointed to serve on an entirely separate advisory group, the resulting body may be subject to the Chapter 2
LEGISLATIVE BODIES
PRACTICE TIP: The prudent
presumption is that an advisory
committee or task force is
subject to the Brown Act. Even
if one clearly is not, it may want
to comply with the Brown Act.
Public meetings may reduce the
possibility of misunderstandings
and controversy.
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OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 13
Brown Act. In one reported case, a city council created a committee of two members of the city council and two members of the city planning commission to review qualifications of prospective planning commissioners and make recommendations to the council. The court held that their joint mission made them a legislative body subject to the Brown Act.
Had the two committees remained separate; and met only to exchange information and report back to their respective boards, they would have been exempt from the Brown Act.8 Standing committees of a legislative body, irrespective of their composition, which have either: (1) a continuing subject matter jurisdiction; or (2) a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body.9 Even if it comprises
less than a quorum of the governing body, a standing committee is subject to the Brown Act. For example, if a governing body creates long-term committees on budget and finance or on public safety, those are standing committees subject to the Brown Act. Further, according to the California Attorney General, function over form controls. For example, a statement by the legislative body that the advisory committee “shall not exercise continuing subject matter jurisdiction” or the fact that the committee does not have a fixed meeting schedule is not determinative.10 “Formal action” by a legislative body includes authorization given to the agency’s executive officer to appoint an advisory committee pursuant to agency-adopted policy.11
The governing body of any private organization either: (1) created by the legislative body in order to exercise authority that may lawfully be delegated by such body to a private corporation, limited liability company or other entity; or (2) that receives agency funding and whose governing board includes a member of the legislative body of the local agency appointed by the legislative body as a full voting member of the private entity’s governing board.12 These include some nonprofit corporations created by local agencies.13 If a local agency contracts with a private firm for a service (for example, payroll, janitorial, or food services), the private firm is not covered by the Brown Act.14 When a member of a legislative body sits on a board of a private organization as a private person and is not appointed by the legislative body, the board will not be subject to the Brown Act. Similarly, when the legislative body appoints someone other than one of its own members to such boards, the Brown Act does not apply. Nor does it apply when a private organization merely receives agency funding.15
Q: The local chamber of commerce is funded in part by the city. The mayor sits on the chamber’s board of directors. Is the chamber board a legislative body subject to the Brown Act?
A: Maybe. If the chamber’s governing documents require the mayor to be on the board and the city council appoints the mayor to that position, the board is a legislative body. If, however, the chamber board independently appoints the mayor to its board, or the mayor attends chamber board meetings in a purely advisory capacity, it is not.
Q: If a community college district board creates an auxiliary organization to operate a campus bookstore or cafeteria, is the board of the organization a legislative body? A: Yes. But, if the district instead contracts with a private firm to operate the bookstore or cafeteria, the Brown Act would not apply to the private firm. Certain types of hospital operators. A lessee of a hospital (or portion of a hospital) PRACTICE TIP: It can be
difficult to determine whether
a subcommittee of a body falls
into the category of a standing
committee or an exempt
temporary committee. Suppose a
committee is created to explore
the renewal of a franchise or a
topic of similarly limited scope
and duration. Is it an exempt
temporary committee or a nonexempt standing committee? The answer may depend on factors
such as how meeting schedules
are determined, the scope of the
committee’s charge, or whether
the committee exists long enough
to have “continuing jurisdiction.”
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14 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 2: LEGISLATIVE BODIES
first leased under Health and Safety Code subsection 32121(p) after January 1, 1994, which exercises “material authority” delegated to it by a local agency, whether or not such lessee is organized and operated by the agency or by a delegated authority.16 What is not a “legislative body” for purposes of the Brown Act? A temporary advisory committee composed solely of less than a quorum of the legislative body that serves a limited or single purpose, that is not perpetual, and that will be dissolved once its specific task is completed is not subject to the Brown Act.17 Temporary committees are sometimes called ad hoc committees, a term not used in the Brown Act. Examples include an advisory committee composed of less than a quorum created to interview candidates for a vacant position or to meet with representatives of other entities to exchange information on a matter of concern to the agency, such as traffic congestion.18
Groups advisory to a single decision-maker or appointed by staff are not covered. The Brown Act applies only to committees created by formal action of the legislative body and not to committees created by others. A committee advising a superintendent of schools would not be covered by the Brown Act. However, the same committee, if created by formal action of the school board, would be covered.19
Q. A member of the legislative body of a local agency informally establishes an advisory committee of five residents to advise her on issues as they arise. Does the Brown Act apply to this committee?
A. No, because the committee has not been established by formal action of the legislative body.
Q. During a meeting of the city council, the council directs the city manager to form an advisory committee of residents to develop recommendations for a new ordinance. The city manager forms the committee and appoints its members; the committee is instructed to direct its recommendations to the city manager. Does the Brown Act apply to this committee?
A. Possibly, because the direction from the city council might be regarded as a formal action of the body notwithstanding that the city manager controls the committee. Individual decision makers who are not elected or appointed members of a legislative body are not covered by the Brown Act. For example, a disciplinary hearing presided over by a department head or a meeting of agency department heads are not subject to the Brown Act since such assemblies are not those of a legislative body.20 Public employees, each acting individually and not engaging in collective deliberation on a specific issue, such as the drafting and review of an agreement, do not constitute a legislative body under the Brown Act, even if the drafting and review process was established by a legislative body.21
County central committees of political parties are also not Brown Act bodies.22 ENDNOTES:
1 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1127 January 09, 2024 Regular Meeting of the Lindsay City Council
OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 15
2 California Government Code section 54952(a) and (b)
3 California Government Code section 54951; Health and Safety Code section 34173(g) (successor agencies to former redevelopment agencies subject to the Brown Act). But see Education Code section 35147, which exempts certain school councils and school site advisory committees from the Brown Act and imposes upon them a separate set of rules.
4 Torres v. Board of Commissioners of Housing Authority of Tulare County (1979) 89 Cal.App.3d 545, 549- 550
5 71 Ops.Cal.Atty.Gen. 96 (1988); 73 Ops.Cal.Atty.Gen. 1 (1990) 6 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.
App.4th 354, 362
7 California Government Code section 54952.1
8 Joiner v. City of Sebastopol (1981) 125 Cal.App.3d 799, 804-805 9 California Government Code section 54952(b)
10 79 Ops.Cal.Atty.Gen. 69 (1996)
11 Frazer v. Dixon Unified School District (1993) 18 Cal.App.4th 781, 793 12 California Government Code section 54952(c)(1). Regarding private organizations that receive local agency funding, the same rule applies to a full voting member appointed prior to February 9, 1996 who, after that date, is made a non-voting board member by the legislative body. California Government Code section 54952(c)(2)
13 California Government Code section 54952(c)(1)(A); International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal, Inc. (1999) 69 Cal.App.4th 287, 300; Epstein v. Hollywood Entertainment Dist. II Business Improvement District (2001) 87 Cal.App.4th 862, 876; see also 85 Ops.Cal.Atty.Gen. 55 (2002)
14 International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal (1999) 69 Cal.
App.4th 287, 300 fn. 5
15 “The Brown Act, Open Meetings for Local Legislative Bodies,” California Attorney General’s Office (2003), p. 7
16 California Government Code section 54952(d)
17 California Government Code section 54952(b); see also Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of Directors (1993) 6 Cal.4th 821, 832. 18 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1129 19 56 Ops.Cal.Atty.Gen. 14, 16-17 (1973)
20 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870, 878-879 21 Golightly v. Molina (2014) 229 Cal.App.4th 1501, 1513 22 59 Ops.Cal.Atty.Gen. 162, 164 (1976)
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
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OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT17 17 Chapter 3
MEETINGS
Brown Act meetings ......................................................................................................... 18 Six exceptions to the meeting definition.......................................................................... 18 Collective briefings............................................................................................................ 21 Retreats or workshops of legislative bodies..................................................................... 21 Serial meetings ................................................................................................................. 21 Informal gatherings........................................................................................................... 24 Technological conferencing .............................................................................................. 24 Location of meetings ........................................................................................................ 25 January 09, 2024 Regular Meeting of the Lindsay City Council
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CHAPTER 3: MEETINGS
The Brown Act only applies to meetings of local legislative bodies. The Brown Act defines a meeting as: “… and any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take any action on any item that is within the subject matter jurisdiction of the legislative body.”1
The term “meeting” is not limited to
gatherings at which action is taken but includes deliberative gatherings as well. A hearing before an individual hearing officer is not a meeting under the Brown Act because it is not a hearing before a legislative body.2 Brown Act meetings
Brown Act meetings include a legislative body’s regular meetings, special meetings, emergency meetings, and adjourned meetings.
“Regular meetings” are meetings occurring at the dates, times, and location set by resolution, ordinance, or other formal action by the legislative body and are subject to 72- hour posting requirements.3
“Special meetings” are meetings called by the presiding officer or majority of the legislative body to discuss only discrete items on the agenda under the Brown Act’s notice requirements for special meetings and are subject to 24-hour posting requirements.4 “Emergency meetings” are a limited class of meetings held when prompt action is needed due to actual or threatened disruption of public facilities and are held on little notice.5 “Adjourned meetings” are regular or special meetings that have been adjourned or re-adjourned to a time and place specified in the order of adjournment, with no agenda required for regular meetings adjourned for less than five calendar days as long as no additional business is transacted.6
Six exceptions to the meeting definition
The Brown Act creates six exceptions to the meeting definition:7 Individual Contacts
The first exception involves individual contacts between a member of the legislative body and any other person. The Brown Act does not limit a legislative body member acting on his or her own. This exception recognizes the right to confer with constituents, advocates, consultants, news reporters, local agency staff, or a colleague.
Individual contacts, however, cannot be used to do in stages what would be prohibited in one step. For example, a series of individual contacts that leads to discussion, deliberation, or action among a majority of the members of a legislative body is prohibited. Such serial meetings are discussed below.
Chapter 3
MEETINGS
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Conferences
The second exception allows a legislative body majority to attend a conference or similar gathering open to the public that addresses issues of general interest to the public or to public agencies of the type represented by the legislative body.
Among other things, this exception permits legislative body members to attend annual association conferences of city, county, school, community college, and other local agency officials, so long as those meetings are open to the public. However, a majority of members cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within their local agency’s subject matter jurisdiction.
Community Meetings
The third exception allows a legislative body majority to attend an open and publicized meeting held by another organization to address a topic of local community concern. A majority cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the legislative body’s subject matter jurisdiction. Under this exception, a legislative body majority may attend a local service club meeting or a local candidates’ night if the meetings are open to the public. “I see we have four distinguished members of the city council at our meeting tonight,” said the chair of the Environmental Action Coalition.“I wonder if they have anything to say about the controversy over enacting a slow growth ordinance?”
The Brown Act permits a majority of a legislative body to attend and speak at an open and publicized meeting conducted by another organization. The Brown Act may nevertheless be violated if a majority discusses, deliberates, or takes action on an item during the meeting of the other organization. There is a fine line between what is permitted and what is not; hence, members should exercise caution when participating in these types of events.
Q. The local chamber of commerce sponsors an open and public candidate debate during an election campaign. Three of the five agency members are up for re-election and all three participate. All of the candidates are asked their views of a controversial project scheduled for a meeting to occur just after the election. May the three incumbents answer the question?
A. Yes, because the Brown Act does not constrain the incumbents from expressing their views regarding important matters facing the local agency as part of the political process the same as any other candidates.
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Other Legislative Bodies
The fourth exception allows a majority of a legislative body to attend an open and publicized meeting of: (1) another body of the local agency; and (2) a legislative body of another local agency.8
Again, the majority
cannot discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within their subject matter jurisdiction. This exception allows, for example, a city council or a majority of a board of supervisors to attend a controversial meeting of the planning commission.
Nothing in the Brown Act prevents the majority of a legislative body from sitting together at such a meeting. They may choose not to, however, to preclude any possibility of improperly discussing local agency business and to avoid the appearance of a Brown Act violation. Further, aside from the Brown Act, there may be other reasons, such as due process considerations, why the members should avoid giving public testimony or trying to influence the outcome of proceedings before a subordinate body.
Q. The entire legislative body intends to testify against a bill before the Senate Local Government Committee in Sacramento. Must this activity be noticed as a meeting of the body?
A. No, because the members are attending and participating in an open meeting of another governmental body which the public may attend.
Q. The members then proceed upstairs to the office of their local Assembly member to discuss issues of local interest. Must this session be noticed as a meeting and be open to the public?
A. Yes, because the entire body may not meet behind closed doors except for proper closed sessions. The same answer applies to a private lunch or dinner with the Assembly member.
Standing Committees
The fifth exception authorizes the attendance of a majority at an open and noticed meeting of a standing committee of the legislative body, provided that the legislative body members who are not members of the standing committee attend only as observers (meaning that they cannot speak or otherwise participate in the meeting).9
Q. The legislative body establishes a standing committee of two of its five members, which meets monthly. A third member of the legislative body wants to attend these meetings and participate. May she?
A. She may attend, but only as an observer; she may not participate.
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Social or Ceremonial Events
The final exception permits a majority of a legislative body to attend a purely social or ceremonial occasion. Once again, a majority cannot discuss business among themselves of a specific nature that is within the subject matter jurisdiction of the legislative body.
Nothing in the Brown Act prevents a majority of members from attending the same football game, party, wedding, funeral, reception, or farewell. The test is not whether a majority of a legislative body attends the function, but whether business of a specific nature within the subject matter jurisdiction of the body is discussed. So long as no such business is discussed, there is no violation of the Brown Act.
Grand Jury Testimony
In addition, members of a legislative body, either individually or collectively, may give testimony in private before a grand jury.10 This is the equivalent of a seventh exception to the Brown Act’s definition of a “meeting.”
Collective briefings
None of these exceptions permits a majority of a legislative body to meet together with staff in advance of a meeting for a collective briefing. Any such briefings that involve a majority of the body in the same place and time must be open to the public and satisfy Brown Act meeting notice and agenda requirements.
Retreats or workshops of legislative bodies
Gatherings by a majority of legislative body members at the legislative body’s retreats, study sessions, or workshops are covered under the Brown Act. This is the case whether the retreat, study session, or workshop focuses on long-range agency planning, discussion of critical local issues, or team building and group dynamics.11
Q. The legislative body wants to hold a team-building session to improve relations among its members. May such a session be conducted behind closed doors? A. No, this is not a proper subject for a closed session, and there is no other basis to exclude the public. Council relations are a matter of public business.
Serial meetings
One of the most frequently asked questions about the Brown Act involves serial meetings. At any one time, such meetings involve only a portion of a legislative body, but eventually involve a majority. The Brown Act provides that “[a] majority of the members of a legislative body shall not, outside a meeting … use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.”12 The problem with serial meetings is the process, which deprives the public of an opportunity for meaningful observation of and participation in legislative body decision-making.
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The serial meeting may occur by either a “daisy chain” or a “hub and spoke” sequence. In the daisy chain scenario, Member A contacts Member B, Member B contacts Member C, Member C contacts Member D and so on, until a quorum has discussed, deliberated, or taken action on an item within the legislative body’s subject matter jurisdiction. The hub and spoke process involves at least two scenarios. In the first scenario, Member A (the hub) sequentially contacts Members B, C, and D and so on (the spokes), until a quorum has been contacted. In the second scenario, a staff member (the hub), functioning as an intermediary for the legislative body or one of its members, communicates with a majority of members (the spokes)
one-by-one for for discussion, deliberation, or a decision on a proposed action.13 Another example of a serial meeting is when a chief executive officer (the hub) briefs a majority of members (the spokes) prior to a formal meeting and, in the process, information about the members’ respective views is revealed. Each of these scenarios violates the Brown Act.
A legislative body member has the right, if not the duty, to meet with constituents to address their concerns. That member also has the right to confer with a colleague (but not with a majority of the body, counting the member) or appropriate staff about local agency business. An employee or official of a local agency may engage in separate
conversations or communications outside of an open and
noticed meeting “with members of a legislative body in
order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.”14 The Brown Act has been violated, however, if several one-on-one meetings or conferences leads to a discussion, deliberation, or action by a majority. In one case, a violation occurred when a quorum of a city council, by a letter that had been circulated among members outside of a formal meeting, directed staff to take action in an eminent domain proceeding.15 A unilateral written communication to the legislative body, such as an informational or advisory memorandum, does not violate the Brown Act.16 Such a memo, however, may be a public record.17 The phone call was from a lobbyist. “Say, I need your vote for that project in the south area. How about it?”
“Well, I don’t know,” replied Board Member Aletto. “That’s kind of a sticky proposition. You sure you need my vote?”
“Well, I’ve got Bradley and Cohen lined up and another vote leaning. With you I’d be over the top.”
Moments later, the phone rings again. “Hey, I’ve been hearing some rumbles on that south area project,” said the newspaper reporter. “I’m counting noses.
How are you voting on it?”
Neither the lobbyist nor the reporter has violated the Brown Act, but they are facilitating January 09, 2024 Regular Meeting of the Lindsay City Council
OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 23
a violation. The board member may have violated the Brown Act by hearing about the positions of other board members and indeed coaxing the lobbyist to reveal the other board members’ positions by asking “You sure you need my vote?” The prudent course is to avoid such leading conversations and to caution lobbyists, staff, and news media against revealing such positions of others.
The mayor sat down across from the city manager. “From now on,” he declared, “I want you to provide individual briefings on upcoming agenda items. Some of this material is very technical, and the council members don’t want to sound like idiots asking about it in public. Besides that, briefings will speed up the meeting.”
Agency employees or officials may have separate conversations or communications outside of an open and noticed meeting “with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.”18 Members should always be vigilant when discussing local agency business with anyone to avoid conversations that could lead to a discussion, deliberation or action taken among the majority of the legislative body. “Thanks for the information,” said Council Member Kim. “These zoning changes can be tricky, and now I think I’m better equipped to make the right decision.” “Glad to be of assistance,” replied the planning director. “I’m sure Council Member Jones is OK with these changes. How are you leaning?” “Well,” said Council Member Kim, “I’m leaning toward approval. I know that two of my colleagues definitely favor approval.”
The planning director should not disclose Jones’ prospective vote, and Kim should not disclose the prospective votes of two of her colleagues. Under these facts, there likely has been a serial meeting in violation of the Brown Act.
Q. The agency’s website includes a chat room where agency employees and officials participate anonymously and often discuss issues of local agency business. Members of the legislative body participate regularly. Does this scenario present a potential for violation of the Brown Act?
A. Yes, because it is a technological device that may serve to allow for a majority of members to discuss, deliberate, or take action on matters of agency business.
Q. A member of a legislative body contacts two other members on a five-member body relative to scheduling a special meeting. Is this an illegal serial meeting? A. No, the Brown Act expressly allows a majority of a body to call a special meeting, though the members should avoid discussing the merits of what is to be taken up at the meeting.
PRACTICE TIP: When briefing
legislative body members,
staff must exercise care not to
disclose other members’ views
and positions.
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Particular care should be exercised when staff briefings of legislative body members occur by email because of the ease of using the “reply to all” button that may inadvertently result in a Brown Act violation.
Informal gatherings
Often members are tempted to mix business with pleasure — for example, by holding a postmeeting gathering. Informal gatherings at which local agency business is discussed or transacted violate the law if they are not conducted in conformance with the Brown Act.19 A luncheon gathering in a crowded dining room violates the Brown Act if the public does not have an opportunity to attend, hear, or participate in the deliberations of members.
Thursday at 11:30 a.m., as they did every week, the board of directors of the Dry Gulch Irrigation District trooped into Pop’s Donut Shoppe for an hour of talk and fellowship. They sat at the corner window, fronting on Main and Broadway, to show they had nothing to hide. Whenever he could, the managing editor of the weekly newspaper down the street hurried over to join the board.
A gathering like this would not violate the Brown Act if board members scrupulously avoided talking about irrigation district issues — which might be difficult. This kind of situation should be avoided. The public is unlikely to believe the board members could meet regularly without discussing public business. A newspaper executive’s presence in no way lessens the potential for a violation of the Brown Act.
Q. The agency has won a major victory in the Supreme Court on an issue of importance.
The presiding officer decides to hold an impromptu press conference in order to make a statement to the print and broadcast media. All the other members show up in order to make statements of their own and be seen by the media. Is this gathering illegal? A. Technically there is no exception for this sort of gathering, but as long as members do not state their intentions as to future action to be taken and the press conference is open to the public, it seems harmless.
Technological conferencing
Except for certain nonsubstantive purposes, such as scheduling a special meeting, a conference call including a majority of the members of a legislative body is an unlawful meeting. But, in an effort to keep up with information age technologies, the Brown Act specifically allows a legislative body to use any type of teleconferencing to meet, receive public comment and testimony, deliberate, or conduct a closed session.20 While the Brown Act contains specific requirements for conducting a teleconference, the decision to use teleconferencing is entirely discretionary with the body. No person has a right under the Brown Act to have a meeting by teleconference.
“Teleconference” is defined as “a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either January 09, 2024 Regular Meeting of the Lindsay City Council
OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 25
audio or video, or both.”21 In addition to the specific requirements relating to teleconferencing, the meeting must comply with all provisions of the Brown Act otherwise applicable. The Brown Act contains the following teleconferencing requirements:22 Teleconferencing may be used for all purposes during any meeting; At least a quorum of the legislative body must participate from locations within the local agency’s jurisdiction;
Additional teleconference locations may be made available for the public; Each teleconference location must be specifically identified in the notice and agenda of the meeting, including a full address and room number, as may be applicable; Agendas must be posted at each teleconference location, even if a hotel room or a residence;
Each teleconference location, including a hotel room or residence, must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate; The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location; and
All votes must be by roll call.
Q. A member on vacation wants to participate in a meeting of the legislative body and vote by cellular phone from her car while driving from Washington, D.C. to New York. May she? A. She may not participate or vote because she is not in a noticed and posted teleconference location.
The use of teleconferencing to conduct a legislative body meeting presents a variety of issues beyond the scope of this guide to discuss in detail. Therefore, before teleconferencing a meeting, legal counsel for the local agency should be consulted.
Location of meetings
The Brown Act generally requires all regular and special meetings of a legislative body, including retreats and workshops, to be held within the boundaries of the territory over which the local agency exercises jurisdiction.23
An open and publicized meeting of a legislative body may be held outside of agency boundaries if the purpose of the meeting is one of the following:24
Comply with state or federal law or a court order, or attend a judicial conference or administrative proceeding in which the local agency is a party; Inspect real or personal property that cannot be conveniently brought into the local agency’s territory, provided the meeting is limited to items relating to that real or personal property; Q. The agency is considering approving a major retail mall. The developer has built other similar malls, and invites the entire legislative body to visit a mall outside the jurisdiction. May the entire body go?
A. Yes, the Brown Act permits meetings outside the boundaries of the agency for specified reasons and inspection of property is one such reason. The field trip must be treated as a meeting and the public must be allowed to attend.
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Participate in multiagency meetings or discussions; however, such meetings must be held within the boundaries of one of the participating agencies, and all of those agencies must give proper notice;
Meet in the closest meeting facility if the local agency has no meeting facility within its boundaries, or meet at its principal office if that office is located outside the territory over which the agency has jurisdiction;
Meet with elected or appointed federal or California officials when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction; Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility; or
Visit the office of its legal counsel for a closed session on pending litigation, when to do so would reduce legal fees or costs.25
In addition, the governing board of a school or community college district may hold meetings outside of its boundaries to attend a conference on nonadversarial collective bargaining techniques, interview candidates for school district superintendent, or interview a potential employee from another district.26 A school board may also interview members of the public residing in another district if the board is considering employing that district’s superintendent.
Similarly, meetings of a joint powers authority can occur within the territory of at least one of its member agencies, and a joint powers authority with members throughout the state may meet anywhere in the state.27
Finally, if a fire, flood, earthquake, or other emergency makes the usual meeting place unsafe, the presiding officer can designate another meeting place for the duration of the emergency. News media that have requested notice of meetings must be notified of the designation by the most rapid means of communication available.28
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Endnotes:
1 California Government Code section 54952.2(a)
2 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870 3 California Government Code section 54954(a)
4 California Government Code section 54956
5 California Government Code section 54956.5
6 California Government Code section 54955
7 California Government Code section 54952.2(c)
8 California Government Code section 54952.2(c)(4)
9 California Government Code section 54952.2(c)(6)
10 California Government Code section 54953.1
11 “The Brown Act,” California Attorney General (2003), p. 10 12 California Government Code section 54952.2(b)(1)
13 Stockton Newspaper Inc. v. Redevelopment Agency (1985) 171 Cal.App.3d 95 14 California Government Code section 54952.2(b)(2)
15 Common Cause v. Stirling (1983) 147 Cal.App.3d 518
16 Roberts v. City of Palmdale (1993) 5 Cal.4th 363
17 California Government Code section 54957.5(a)
18 California Government Code section 54952.2(b)(2)
19 California Government Code section 54952.2; 43 Ops.Cal.Atty.Gen. 36 (1964) 20 California Government Code section 54953(b)(1)
21 California Government Code section 54953(b)(4)
22 California Government Code section 54953
23 California Government Code section 54954(b)
24 California Government Code section 54954(b)(1)-(7)
25 94 Ops.Cal.Atty.Gen. 15 (2011)
26 California Government Code section 54954(c)
27 California Government Code section 54954(d)
28 California Government Code section 54954(e)
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
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OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT29 29 Chapter 4
AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Agendas for regular meetings .......................................................................................... 30 Mailed agenda upon written request ............................................................................... 31 Notice requirements for special meetings ....................................................................... 32 Notices and agendas for adjourned and continued meetings and hearings ................... 32 Notice requirements for emergency meetings ................................................................ 32 Notice of compensation for simultaneous or serial meetings ......................................... 33 Educational agency meetings........................................................................................... 33 Notice requirements for tax or assessment meetings and hearings............................... 33 Non-agenda items............................................................................................................. 34 Responding to the public .................................................................................................. 34 The right to attend and observe meetings ....................................................................... 35 Records and recordings .................................................................................................... 36 The public’s place on the agenda ..................................................................................... 37 January 09, 2024 Regular Meeting of the Lindsay City Council
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CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Chapter 4
AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Effective notice is essential for an open and public meeting.
Whether a meeting is open or how the public may participate in that meeting is academic if nobody knows about the meeting.
Agendas for regular meetings
Every regular meeting of a legislative body of a local agency — including advisory committees, commissions, or boards, as well as standing committees of legislative bodies — must be preceded by a posted agenda that advises the public of the meeting and the matters to be transacted or discussed.
The agenda must be posted at least 72 hours before the regular meeting in a location “freely accessible to members of the public.”1 The courts have not definitively interpreted the “freely accessible” requirement. The California Attorney General has interpreted this provision to require posting in a location accessible to the public 24 hours a day during the 72-hour period, but any of the 72 hours may fall on a weekend.2 This provision may be satisfied by posting
on a touch screen electronic kiosk accessible without charge to the public 24 hours a day during the 72-hour period.3
While posting an agenda on an agency’s Internet website will not, by itself, satisfy the “freely accessible” requirement since there is no universal access to the internet, an agency has a supplemental obligation to post the agenda on its website if: (1) the local agency has a website; and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body, or (b) has members that are compensated, with one or more members that are also members of a governing body.4
Q. May the meeting of a governing body go forward if its agenda was either inadvertently not posted on the city’s website or if the website was not operational during part or all of the 72-hour period preceding the meeting?
A. At a minimum, the Brown Act calls for “substantial compliance” with all agenda posting requirements, including posting to the agency website.5 Should website technical
difficulties arise, seek a legal opinion from your agency attorney. The California Attorney General has opined that technical difficulties which cause the website agenda to become inaccessible for a portion of the 72 hours preceding a meeting do not automatically or inevitably lead to a Brown Act violation, provided the agency can demonstrate substantial compliance.6
This inquiry requires a fact-specific examination of whether the agency or its legislative body made “reasonably effective efforts to notify interested persons of a public meeting” through online posting and other available means.7 The Attorney General’s
opinion suggests that this examination would include an evaluation of how long a technical problem persisted, the efforts made to correct the problem or otherwise ensure that the public was informed, and the actual effect the problem had on public January 09, 2024 Regular Meeting of the Lindsay City Council
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awareness, among other factors.8 The City Attorneys’ Department has taken the position that obvious website technical difficulties do not require cancellation of a meeting, provided that the agency meets all other Brown Act posting requirements and the agenda is available on the website once the technical difficulties are resolved.
The agenda must state the meeting time and place and must contain “a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.”9
Special care should be taken to describe on the agenda each distinct action to be taken by the legislative body, and avoid overbroad descriptions of a “project” if the “project” is actually a set of distinct actions that must each be separately listed on the agenda.10
Q. The agenda for a regular meeting contains the following items of business:
• Consideration of a report regarding traffic on Eighth Street; and • Consideration of contract with ABC Consulting.
Are these descriptions adequate?
A. If the first is, it is barely adequate. A better description would provide the reader with some idea of what the report is about and what is being recommended. The second is not adequate. A better description might read “consideration of a contract with ABC Consulting in the amount of $50,000 for traffic engineering services regarding traffic on Eighth Street.”
Q. The agenda includes an item entitled City Manager’s Report, during which time the city manager provides a brief report on notable topics of interest, none of which are listed on the agenda.
Is this permissible?
A. Yes, so long as it does not result in extended discussion or action by the body.
A brief general description may not be sufficient for closed session agenda items. The Brown Act provides safe harbor language for the various types of permissible closed sessions. Substantial compliance with the safe harbor language is recommended to protect legislative bodies and elected officials from legal challenges.
Mailed agenda upon written request
The legislative body, or its designee, must mail a copy of the agenda or, if requested, the entire agenda packet, to any person who has filed a written request for such materials. These copies shall be mailed at the time the agenda is posted. If requested, these materials must be made available in appropriate alternative formats to persons with disabilities.
A request for notice is valid for one calendar year and renewal requests must be filed following January 1 of each year. The legislative body may establish a fee to recover the cost of providing the service. Failure of the requesting person to receive the agenda does not constitute grounds for invalidation of actions taken at the meeting.11 PRACTICE TIP: Putting together
a meeting agenda requires
careful thought.
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Notice requirements for special meetings
There is no express agenda requirement for special meetings, but the notice of the special meeting effectively serves as the agenda and limits the business that may be transacted or discussed.
Written notice must be sent to each member of the legislative body (unless waived in writing by that member) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. This notice must be delivered by personal delivery or any other means that ensures receipt, at least 24 hours before the time of the meeting.
The notice must state the time and place of the meeting, as well as all business to be transacted or discussed. It is recommended that the business to be transacted or discussed be described in the same manner that an item for a regular meeting would be described on the agenda — with a brief general description. As noted above, closed session items should be described in accordance with the Brown Act’s safe harbor provisions to protect legislative bodies and elected officials from challenges of noncompliance with notice requirements.
The special meeting notice must also be posted at least 24 hours prior to the special meeting using the same methods as posting an agenda for a regular meeting: (1) at a site that is freely accessible to the public, and (2) on the agency’s website if: (1) the local agency has a website; and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body, or (b) has members that are compensated, with one or more members that are also members of a governing body.12 Notices and agendas for adjourned and continued meetings and hearings
A regular or special meeting can be adjourned and re-adjourned to a time and place specified in the order of adjournment.13 If no time is stated, the meeting is continued to the hour for regular meetings. Whoever is present (even if they are less than a quorum) may so adjourn a meeting; if no member of the legislative body is present, the clerk or secretary may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced.14 A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.
A hearing can be continued to a subsequent meeting. The process is the same as for continuing adjourned meetings, except that if the hearing is continued to a time less than 24 hours away, a copy of the order or notice of continuance must be posted immediately following the meeting.15 Notice requirements for emergency meetings
The special meeting notice provisions apply to emergency meetings, except for the 24-hour notice.16 News media that have requested written notice of special meetings must be notified by telephone at least one hour in advance of an emergency meeting, and all telephone numbers provided in that written request must be tried. If telephones are not working, the notice requirements are deemed waived. However, the news media must be notified as soon as possible of the meeting and any action taken.
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News media may make a practice of having written requests on file for notification of special or emergency meetings. Absent such a request, a local agency has no legal obligation to notify news media of special or emergency meetings — although notification may be advisable in any event to avoid controversy.
Notice of compensation for simultaneous or serial meetings A legislative body that has convened a meeting and whose membership constitutes a quorum of another legislative body, may convene a simultaneous or serial meeting of the other legislative body only after a clerk or member of the convened legislative body orally announces: (1) the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the meeting of the other legislative body; and (2) that the compensation or stipend is provided as a result of convening the meeting of that body.17 No oral disclosure of the amount of the compensation is required if the entire amount of such compensation is prescribed by statute and no additional compensation has been authorized by the local agency. Further, no disclosure is required with respect to reimbursements for actual and necessary expenses incurred in the performance of the member’s official duties, such as for travel, meals, and lodging.
Educational agency meetings
The Education Code contains some special agenda and special meeting provisions.18 However, they are generally consistent with the Brown Act. An item is probably void if not posted.19 A school district board must also adopt regulations to make sure the public can place matters affecting the district’s business on meeting agendas and to address the board on those items.20 Notice requirements for tax or assessment meetings and hearings The Brown Act prescribes specific procedures for adoption by a city, county, special district, or joint powers authority of any new or increased tax or assessment imposed on businesses.21 Though written broadly, these Brown Act provisions do not apply to new or increased real property taxes or assessments as those are governed by the California Constitution, Article XIIIC or XIIID, enacted by Proposition 218. At least one public meeting must be held to allow public testimony on the tax or assessment. In addition, there must also be at least 45 days notice of a public hearing at which the legislative body proposes to enact or increase the tax or assessment. Notice of the public meeting and public hearing must be provided at the same time and in the same document. The public notice relating to general taxes must be provided by newspaper publication. The public notice relating to new or increased business assessments must be provided through a mailing to all business owners proposed to be subject to the new or increased assessment. The agency may recover the reasonable costs of the public meetings, hearings, and notice.
The Brown Act exempts certain fees, standby or availability charges, recurring assessments, and new or increased assessments that are subject to the notice and hearing requirements of the Constitution.22 As a practical matter, the Constitution’s notice requirements have preempted this section of the Brown Act.
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34 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Non-agenda items
The Brown Act generally prohibits any action or discussion of items not on the posted agenda.
However, there are three specific situations in which a legislative body can act on an item not on the agenda:23
When a majority decides there is an “emergency situation” (as defined for emergency meetings);
When two-thirds of the members present (or all members if less than two-thirds are present) determine there is a need for immediate action and the need to take action “came to the attention of the local agency subsequent to the agenda being posted.” This exception requires a degree of urgency. Further, an item cannot be considered under this provision if the legislative body or the staff knew about the need to take immediate action before the agenda was posted. A new need does not arise because staff forgot to put an item on the agenda or because an applicant missed a deadline; or When an item appeared on the agenda of, and was continued from, a meeting held not more than five days earlier.
The exceptions are narrow, as indicated by this list. The first two require a specific determination by the legislative body. That determination can be challenged in court and, if unsubstantiated, can lead to invalidation of an action.
“I’d like a two-thirds vote of the board, so we can go ahead and authorize commencement of phase two of the East Area Project,” said Chair Lopez. “It’s not on the agenda. But we learned two days ago that we finished phase one ahead of schedule — believe it or not — and I’d like to keep it that way. Do I hear a motion?”
The desire to stay ahead of schedule generally would not satisfy “a need for immediate action.” Too casual an action could invite a court challenge by a disgruntled resident.
The prudent course is to place an item on the agenda for the next meeting and not risk invalidation.
“We learned this morning of an opportunity for a state grant,” said the chief engineer at the regular board meeting, “but our application has to be submitted in two days. We’d like the board to give us the go ahead tonight, even though it’s not on the agenda.”
A legitimate immediate need can be acted upon even though not on the posted agenda by following a two-step process:
First, make two determinations: 1) that there is an immediate need to take action, and 2) that the need arose after the posting of the agenda. The matter is then placed on the agenda.
Second, discuss and act on the added agenda item.
Responding to the public
The public can talk about anything within the jurisdiction of the legislative body, but the legislative body generally cannot act on or discuss an item not on the agenda. What happens when a member of the public raises a subject not on the agenda?
PRACTICE TIP: Subject to very
limited exceptions, the Brown
Act prohibits any action or
discussion of an item not on the
posted agenda.
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OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 35
While the Brown Act does not allow discussion or action on items not on the agenda, it does allow members of the legislative body, or its staff, to “briefly respond” to comments or questions from members of the public, provide a reference to staff or other resources for factual information, or direct staff to place the issue on a future agenda. In addition, even without a comment from the public, a legislative body member or a staff member may ask for information, request a report back, request to place a matter on the agenda for a subsequent meeting (subject to the body’s rules or procedures), ask a question for clarification, make a brief announcement, or briefly report on his or her own activities.24 However, caution should be used to avoid any discussion or action on such items.
Council Member Jefferson: I would like staff to respond to Resident Joe’s complaints during public comment about the repaving project on Elm Street — are there problems with this project?
City Manager Frank: The public works director has prepared a 45-minute power point presentation for you on the status of this project and will give it right now.
Council Member Brown: Take all the time you need; we need to get to the bottom of this. Our residents are unhappy.
It is clear from this dialogue that the Elm Street project was not on the council’s agenda, but was raised during the public comment period for items not on the agenda. Council Member A properly asked staff to respond; the city manager should have given at most a brief response. If a lengthy report from the public works director was warranted, the city manager should have stated that it would be placed on the agenda for the next meeting.
Otherwise, both the long report and the likely discussion afterward will improperly embroil the council in a matter that is not listed on the agenda.
The right to attend and observe meetings
A number of Brown Act provisions protect the public’s right to attend, observe, and participate in meetings.
Members of the public cannot be required to register their names, provide other information, complete a questionnaire, or otherwise “fulfill any condition precedent” to attending a meeting.
Any attendance list, questionnaire, or similar document posted at or near the entrance to the meeting room or circulated at a meeting must clearly state that its completion is voluntary and that all persons may attend whether or not they fill it out.25 No meeting can be held in a facility that prohibits attendance based on race, religion, color, national origin, ethnic group identification, age, sex, sexual orientation, or disability, or that is inaccessible to the disabled. Nor can a meeting be held where the public must make a payment or purchase in order to be present.26 This does not mean, however, that the public is entitled to free entry to a conference attended by a majority of the legislative body.27 While a legislative body may use teleconferencing in connection with a meeting, the public must be given notice of and access to the teleconference location. Members of the public must be able to address the legislative body from the teleconference location.28 January 09, 2024 Regular Meeting of the Lindsay City Council
36 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Action by secret ballot, whether preliminary or final, is flatly prohibited.29 All actions taken by the legislative body in open session, and the vote of each member thereon, must be disclosed to the public at the time the action is taken.30 Q: The agenda calls for election of the legislative body’s officers. Members of the legislative body want to cast unsigned written ballots that would be tallied by the clerk, who would announce the results. Is this voting process permissible? A: No. The possibility that a public vote might cause hurt feelings among members of the legislative body or might be awkward — or even counterproductive — does not justify a secret ballot.
The legislative body may remove persons from a meeting who willfully interrupt proceedings.31 Ejection is justified only when audience members actually disrupt the proceedings.32 If order cannot be restored after ejecting disruptive persons, the meeting room may be cleared. Members of the news media who have not participated in the disturbance must be allowed to continue to attend the meeting. The legislative body may establish a procedure to re-admit an individual or individuals not responsible for the disturbance.33
Records and recordings
The public has the right to review agendas and other writings distributed by any person to a majority of the legislative body in connection with a matter subject to discussion or consideration at a meeting. Except for privileged documents, those materials are public records and must be made available upon request without delay.34 A fee or deposit as permitted by the California Public Records Act may be charged for a copy of a public record.35 Q: In connection with an upcoming hearing on a discretionary use permit, counsel for the legislative body transmits a memorandum to all members of the body outlining the litigation risks in granting or denying the permit. Must this memorandum be included in the packet of agenda materials available to the public? A: No. The memorandum is a privileged attorney-client communication.
Q: In connection with an agenda item calling for the legislative body to approve a contract, staff submits to all members of the body a financial analysis explaining why the terms of the contract favor the local agency. Must this memorandum be included in the packet of agenda materials available to the public?
A. Yes. The memorandum has been distributed to the majority of the legislative body, relates to the subject matter of a meeting, and is not a privileged communication.
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OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 37
A legislative body may discuss or act on some matters without considering written materials. But if writings are distributed to a majority of a legislative body in connection with an agenda item, they must also be available to the public. A non-exempt or otherwise privileged writing distributed to a majority of the legislative body less than 72 hours before the meeting must be made available for inspection at the time of distribution at a public office or location designated for that purpose; and the agendas for all meetings of the legislative body must include the address of this office or location.36 A writing distributed during a meeting must be made public:
At the meeting if prepared by the local agency or a member of its legislative body; or
After the meeting if prepared by some other person.37 Any tape or film record of an open and public meeting made for whatever purpose by or at the direction of the local agency is subject to the California Public Records Act; however, it may be erased or destroyed 30 days after the taping or recording. Any inspection of a video or tape recording is to be provided without charge on a video or tape player made available by the local agency.38 The agency may impose its ordinary charge for copies that is consistent with the California Public Records Act.39
In addition, the public is specifically allowed to use audio or video tape recorders or still or motion picture cameras at a meeting to record the proceedings, absent a reasonable finding by the legislative body that noise, illumination, or obstruction of view caused by recorders or cameras would persistently disrupt the proceedings.40
Similarly, a legislative body cannot prohibit or restrict the public broadcast of its open and public meetings without making a reasonable finding that the noise, illumination, or obstruction of view would persistently disrupt the proceedings.41
The public’s place on the agenda
Every agenda for a regular meeting must allow members of the public to speak on any item of interest, so long as the item is within the subject matter jurisdiction of the legislative body. Further, the public must be allowed to speak on a specific item of business before or during the legislative body’s consideration of it.42
Q. Must the legislative body allow members of the public to show videos or make a power point presentation during the public comment part of the agenda, as long as the subject matter is relevant to the agency and is within the established time limit? A. Probably, although the agency is under no obligation to provide equipment.
Moreover, the legislative body cannot prohibit public criticism of policies, procedures, programs, or services of the agency or the acts or omissions of the legislative body itself. But the Brown Act provides no immunity for defamatory statements.43
PRACTICE TIP: Public speakers
cannot be compelled to give
their name or address as a
condition of speaking. The clerk
or presiding officer may request
speakers to complete a speaker
card or identify themselves for
the record, but must respect a
speaker’s desire for anonymity.
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38 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Q. May the presiding officer prohibit a member of the audience from publicly criticizing an agency employee by name during public comments?
A. No, as long as the criticism pertains to job performance.
Q. During the public comment period of a regular meeting of the legislative body, a resident urges the public to support and vote for a candidate vying for election to the body. May the presiding officer gavel the speaker out of order for engaging in political campaign speech?
A. There is no case law on this subject. Some would argue that campaign issues are outside the subject matter jurisdiction of the body within the meaning of Section 54954.3(a).
Others take the view that the speech must be allowed under paragraph (c) of that section because it is relevant to the governing of the agency and an implicit criticism of the incumbents.
The legislative body may adopt reasonable regulations, including time limits, on public comments. Such regulations should be enforced fairly and without regard to speakers’ viewpoints. The legislative body has discretion to modify its regulations regarding time limits on public comment if necessary. For example, the time limit could be shortened to accommodate a lengthy agenda or lengthened to allow additional time for discussion on a complicated matter.44 The public does not need to be given an opportunity to speak on an item that has already been considered by a committee made up exclusively of members of the legislative body at a public meeting, if all interested members of the public had the opportunity to speak on the item before or during its consideration, and if the item has not been substantially changed.45
Notices and agendas for special meetings must also give members of the public the opportunity to speak before or during consideration of an item on the agenda but need not allow members of the public an opportunity to speak on other matters within the jurisdiction of the legislative body.46
Endnotes:
1 California Government Code section 54954.2(a)(1)
2 78 Ops.Cal.Atty.Gen. 327 (1995)
3 88 Ops.Cal.Atty.Gen. 218 (2005)
4 California Government Code sections 54954.2(a)(1) and 54954.2(d) 5 California Government Code section 54960.1(d)(1)
6 ___ Ops.Cal.Atty.Gen.___, No. 14-1204 (January 19, 2016) 16 Cal. Daily Op. Serv. 937 (Cal.A.G.), 2016 WL 375262
7 North Pacifica LLC v. California Coastal Commission (2008) 166 Cal.App.4th 1416, 1432 8 ___ Ops.Cal.Atty.Gen.___, No. 14-1204 (January 19, 2016) 16 Cal. Daily Op. Serv. 937 (Cal.A.G.), 2016 WL 375262, Slip Op. at p. 8
9 California Government Code section 54954.2(a)(1)
10 San Joaquin Raptor Rescue v. County of Merced (2013) 216 Cal.App.4th 1167 (legislative body’s approval of CEQA action (mitigated negative declaration) without specifically listing it on the agenda violates Brown Act, even if the agenda generally describes the development project that is the subject of the CEQA analysis.)
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OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 39
11 California Government Code section 54954.1
12 California Government Code sections 54956(a) and (c) 13 California Government Code section 54955
14 California Government Code section 54954.2(b)(3)
15 California Government Code section 54955.1
16 California Government Code section 54956.5
17 California Government Code section 54952.3
18 Education Code sections 35144, 35145 and 72129
19 Carlson v. Paradise Unified School District (1971) 18 Cal.App.3d 196 20 California Education Code section 35145.5
21 California Government Code section 54954.6
22 See Cal.Const.Art.XIIIC, XIIID and California Government Code section 54954.6(h) 23 California Government Code section 54954.2(b)
24 California Government Code section 54954.2(a)(2)
25 California Government Code section 54953.3
26 California Government Code section 54961(a); California Government Code section 11135(a) 27 California Government Code section 54952.2(c)(2)
28 California Government Code section 54953(b)
29 California Government Code section 54953(c)
30 California Government Code section 54953(c)(2)
31 California Government Code section 54957.9.
32 Norse v. City of Santa Cruz (9th Cir. 2010) 629 F.3d 966 (silent and momentary Nazi salute directed towards mayor is not a disruption); Acosta v. City of Costa Mesa (9th Cir. 2013) 718 F.3d 800 (city council may not prohibit “insolent” remarks by members of the public absent actual disruption). 33 California Government Code section 54957.9
34 California Government Code section 54957.5
35 California Government Code section 54957.5(d)
36 California Government Code section 54957.5(b)
37 California Government Code section 54957.5(c)
38 California Government Code section 54953.5(b)
39 California Government Code section 54957.5(d)
40 California Government Code section 54953.5(a)
41 California Government Code section 54953.6
42 California Government Code section 54954.3(a)
43 California Government Code section 54954.3(c)
44 California Government Code section 54954.3(b); Chaffee v. San Francisco Public Library Com. (2005) 134 Cal.App.4th 109; 75 Ops.Cal.Atty.Gen. 89 (1992)
45 California Government Code section 54954.3(a)
46 California Government Code section 54954.3(a)
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
January 09, 2024 Regular Meeting of the Lindsay City Council
40 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
January 09, 2024 Regular Meeting of the Lindsay City Council
OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT41 41 Chapter 5
CLOSED SESSIONS
Agendas and reports......................................................................................................... 42 Litigation............................................................................................................................ 43 Real estate negotiations ................................................................................................... 45 Public employment........................................................................................................... 46 Labor negotiations ............................................................................................................ 47 Labor negotiations — school and community college districts ....................................... 48 Other Education Code exceptions.................................................................................... 48 Joint Powers Authorities ................................................................................................... 48 License applicants with criminal records ......................................................................... 49 Public security................................................................................................................... 49 Multijurisdictional law enforcement agency .................................................................... 49 Hospital peer review and trade secrets ........................................................................... 49 Other legislative bases for closed session ....................................................................... 50 Who may attend closed sessions ..................................................................................... 50 The confidentiality of closed session discussions............................................................ 50 January 09, 2024 Regular Meeting of the Lindsay City Council
42 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
A closed session is a meeting of a legislative body conducted in private without the attendance of the public or press. A legislative body is authorized to meet in closed session only to the extent expressly authorized by the Brown Act.1
As summarized in Chapter 1 of this Guide, it is clear that the Brown Act must be interpreted liberally in favor of open meetings, and exceptions that limit public access (including the exceptions for closed session meetings) must be narrowly construed.2
The most common purposes of the closed
session provisions in the Brown Act are to avoid revealing confidential information (e.g., prejudicing the city’s position in litigation or compromising the privacy interests of employees).
Closed sessions should be conducted keeping those narrow purposes in mind. It is not enough that a subject is sensitive, embarrassing, or controversial. Without specific authority in the Brown Act for a closed session, a matter to be considered by a legislative body must be discussed in public. As an example, a board of police commissioners cannot meet in closed session to provide general policy guidance to a police chief, even though some matters are sensitive and the commission considers their disclosure contrary to the public interest.3
In this chapter, the grounds for convening a closed session are called “exceptions” because they are exceptions to the general rule that meetings must be conducted openly. In some circumstances, none of the closed session exceptions apply to an issue or information the legislative body wishes to discuss privately. In these cases, it is not proper to convene a closed session, even to protect confidential information. For example, although the Brown Act does authorize closed sessions related to specified types of contracts (e.g., specified provisions of real property agreements, employee labor agreements, and litigation settlement agreements),4 the
Brown Act does not authorize closed sessions for other contract negotiations.
Agendas and reports
Closed session items must be briefly described on the posted agenda and the description must state the specific statutory exemption.5
An item that appears on the open meeting portion of the agenda may not be taken into closed session until it has been properly agendized as a closed session item or unless it is properly added as a closed session item by a two-thirds vote of the body after making the appropriate urgency findings.6
The Brown Act supplies a series of fill in the blank sample agenda descriptions for various types of authorized closed sessions, which provide a “safe harbor” from legal attacks. These sample Chapter 5
CLOSED SESSIONS
PRACTICE TIP: Some problems
over closed sessions arise
because secrecy itself breeds
distrust. The Brown Act does
not require closed sessions and
legislative bodies may do well
to resist the tendency to call a
closed session simply because
it may be permitted. A better
practice is to go into closed
session only when necessary.
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OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 43
agenda descriptions cover license and permit determinations, real property negotiations, existing or anticipated litigation, liability claims, threats to security, public employee appointments, evaluations and discipline, labor negotiations, multi-jurisdictional law enforcement cases, hospital boards of directors, medical quality assurance committees, joint powers agencies, and audits by the California State Auditor’s Office.7
If the legislative body intends to convene in closed session, it must include the section of the Brown Act authorizing the closed session in advance on the agenda and it must make a public announcement prior to the closed session discussion. In most cases, the announcement may simply be a reference to the agenda item.8
Following a closed session, the legislative body must provide an oral or written report on certain actions taken and the vote of every elected member present. The timing and content of the report varies according to the reason for the closed session and the action taken.9 The announcements
may be made at the site of the closed session, so long as the public is allowed to be present to hear them.
If there is a standing or written request for documentation, any copies of contracts, settlement agreements, or other documents finally approved or adopted in closed session must be provided to the requestor(s) after the closed session, if final approval of such documents does not rest with any other party to the contract or settlement. If substantive amendments to a contract or settlement agreement approved by all parties requires retyping, such documents may be held until retyping is completed during normal business hours, but the substance of the changes must be summarized for any person inquiring about them.10
The Brown Act does not require minutes, including minutes of closed sessions. However, a legislative body may adopt an ordinance or resolution to authorize a confidential “minute book” be kept to record actions taken at closed sessions.11 If one is kept, it must be made available to members of the legislative body, provided that the member asking to review minutes of a particular meeting was not disqualified from attending the meeting due to a conflict of interest.12 A court may order the disclosure of minute books for the court’s review if a lawsuit makes sufficient claims of an open meeting violation.
Litigation
There is an attorney/client relationship, and legal counsel may use it to protect the confidentiality of privileged written and oral communications to members of the legislative body — outside of meetings. But protection of the attorney/client privilege cannot by itself be the reason for a closed session.13
The Brown Act expressly authorizes closed sessions to discuss what is considered pending litigation. The rules that apply to holding a litigation closed session involve complex, technical definitions and procedures. The essential thing to know is that a closed session can be held by the body to confer with, or receive advice from, its legal counsel when open discussion would prejudice the position of the local agency in litigation in which the agency is, or could become, a party.14 The litigation exception under the Brown Act is narrowly construed and does not permit activities beyond a legislative body’s conferring with its own legal counsel and required support staff.15 For example, it is not permissible to hold a closed session in which settlement negotiations take place between a legislative body, a representative of an adverse party, and a mediator.16 PRACTICE TIP: Pay close
attention to closed session
agenda descriptions. Using
the wrong label can lead
to invalidation of an action
taken in closed session if not
substantially compliant.
January 09, 2024 Regular Meeting of the Lindsay City Council