Lindsay City Council
September 10, 2024

City of Lindsay Page 1

LINDSAY CITY COUNCIL

REGULAR MEETING AGENDA
September 10, 2024, 6:00 P.M.

City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on Tuesday, September 10, 2024 at 6:00 p.m. in person and live via YouTube.

City of Lindsay YouTube Channel: https://www.youtube.com/@CityofLindsay Se anima a los hispanohablantes a asistir a las próximas reuniones del Concejo Municipal de Lindsay. Para traducción al español, comuníquese con la oficina de la Secretaria Municipal por teléfono, (559) 562-7102 ext. 8034, o regístrese unos minutos antes en el momento de la reunión del Consejo.

Rules for Addressing the City Council:
• Members of the public may address the City Council on matters within the jurisdiction of the City of Lindsay.
• Persons wishing to address Council concerning an item on the agenda will be invited to address the Council during the time that Council is considering that agenda item. Persons wishing to address Council concerning issues not on the agenda will be invited to address Council during the Public Comment portion of the meeting.
• When invited by the Mayor to speak, please step up to the lectern, state your name and city of residence, and make your comments. Comments are limited to three minutes per speaker.

Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, 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. ROLL CALL

3. PLEDGE OF ALLEGIANCE AND INVOCATION – The pledge of allegiance to be led by Councilmember Cerros.

4. APPROVAL OF AGENDA

5. EXECUTIVE (CLOSED) SESSION

5.1 Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation
Pursuant to § 54956.9(b): 1 Case

5.2 Conference with Labor Negotiators
Pursuant to Cal Gov. Code § 54957.6
Agency Designated Representatives: Lacy Meneses, Daymon Qualls, Mario Zamora Employee Organizations: Mid-Management Group, LPOA, SEIU, LCPFA

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; Mayor
Ramiro Serna
Mayor Pro Tem
Yolanda Flores
Councilmembers
Hipolito Angel Cerros
Rosaena Sanchez
Misty Villarreal
City of Lindsay Page 2
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.

7. COUNCIL REPORT

8. CITY MANAGER REPORT

8.1 Introduction of Director of Public Safety, Robert Moore

9. STAFF UPDATES – City Services, Finance, Human Resources, Public Safety, Recreation Services

10. PRESENTATIONS

10.1 Recreation Updates
Presented by: Armando da Silva, Director of Recreation Services

11. CONSENT CALENDAR – Routine items approved in one motion unless an item is pulled for discussion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

11.1 Waive the Reading of Ordinance and Approve by Title Only.

Action & Recommendation: Approve the reading by title only of all ordinances and that further reading of such ordinances we waived.

Submitted by: Maegan Peton, City Clerk

11.2 Minutes of the Regular and/or Special Meeting of August 27, 2024.

Action & Recommendation: Approve as submitted.

Submitted by: Maegan Peton, City Clerk

11.3 Warrant List for August 19, 2024 Through September 1, 2024.

Action & Recommendation: Accept the Warrant List for transactions dated August 19, 2024, through September 1, 2024.

Submitted by: Lacy Meneses, Director of Finance

11.4 August 2024 Monthly Treasurer’s Report.

Action & Recommendation: Accept the August 2024 Monthly Treasurer's Report.

Submitted by: Lacy Meneses, Director of Finance

12. ACTION ITEMS

12.1 Establishment of the Lindsay Economic Development Committee.

Action & Recommendation: Adopt Resolution No. 24-31 formally creating the Lindsay Economic Development Committee and establishing the bylaws by which the Committee will adhere to.

Submitted by: Maegan Peton, City Clerk and Assistant to the City Manager

12.2 Extraterritorial Sewer Connection for APN 202-144-004.

Action & Recommendation: Approve Resolution No. 24-32, an Extraterritorial Sewer Connection for APN 202-144-004; and authorize the City Manager to execute the Extraterritorial Sewer Service agreement once all requirements are met.

Submitted by: Joseph Avina, Acting Director of City Services

12.3 Award a Contract to American Ramp Company of Joplin, MO for Construction of the Lindsay City Park Skatepark Project.

Action & Recommendation: Award and authorize the Mayor to sign a contract with American Ramp Company of Joplin, MO, in the amount of $147,334.50 for the construction of the Lindsay City Park Skatepark Project; and authorize a contingency amount of $14,733 (10%) for potential unforeseen conditions.

Submitted by: Armando da Silva, Direction of Recreation Services City of Lindsay Page 3

12.4 2024/2025 General Fund Budget Amendment.

Action & Recommendation: Approve the City of Lindsay 2024/2025 General Fund Budget Amendment.

Submitted by: Lacy Meneses, Director of Finance

12.5 Valencia & Linda Vista Dr. Rehabilitation Improvement Project Notice of Completion.

Action & Recommendation: Accept the Valencia Street and Linda Vista Drive - Street, Sidewalk, and Drainage Improvements Project as complete; and direct the City Clerk to file a “Notice of Completion” with the County Recorder with the 1-year warranty period beginning upon recordation.

Submitted by: Joseph Avina, Acting Director of City Services

12.6 Resolution 24-33 Tulare County Multi-Jurisdiction Local Hazard Mitigation Plan and City of Lindsay Annex D.

Action & Recommendation: Approve Resolution No. 24-33, a Resolution of the City Council of the City of Lindsay adopting the Tulare County Multi Jurisdiction Local Hazard Mitigation Plan and City of Lindsay Annex D as requested by Federal Emergency Management Agency (FEMA) for non-mandatory compliance with Assembly Bill (AB) 2140.

Submitted by: Kira Stowell, Contract City Planner

13. PUBLIC HEARINGS

13.1 Zone Change No. 24-01, Tentative Parcel Map No. 24-01, and Planned Unit Development No. 2024-01
Action & Recommendation: Approve Resolution No. 24-34, a Resolution of the City Council of the City of Lindsay, to adopt an Initial Study/Mitigated Negative Declaration (IS/MND) for Zone Change No. 24-01, Tentative Parcel Map 24-01 “Hidden Oaks”, and Planned Unit Development No. 24-01, and approve Zone Change No. 24-01 (ZC 24- 01), Tentative Parcel Map No. 24-01 (TPM 24-01), and Planned Unit Development No. 24-01 (PUD 24-01); and introduce (first reading) Ordinance No. 614, an Ordinance of the City of Lindsay approving Zone Change No. 24-01.

Submitted by: Kira Stowell, Contract City Planner

14. REQUEST FOR FUTURE ITEMS

15. ADJOURNMENT – Lindsay City Council meetings are held in the City Council Chambers at 251 E.

Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. A 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 Deputy City Clerk at (559) 562-7102 x 8034. Notification 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.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this agenda was posted in the bulletin board at the front of City Hall, 251 E Honolulu St., as well as on the City of Linday’s website (www.lindsay.ca.us).

DATE & TIME POSTED: Thursday, September 5, 2024 at 4:00 p.m.

Maegan Peton, City Clerk

LINDSAY CITY COUNCIL

REGULAR MEETING MINUTES
Lindsay Council Chambers Tuesday, August 27, 2024
251 E Honolulu St., Lindsay CA 93247 6:00 p.m. – Regular Meeting Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

STAFF PRESENT: City Manager Daymon Qualls, City Attorney Megan Crouch(zoom), City Clerk Maegan Peton, Acting Director of Public Safety Ryan Heinks, Director of Finance Lacy Meneses, City Services Manager Joseph Avina, and Director of Recreation Services Armando da Silva. 6:00 p.m. – REGULAR MEETING

1. CALL TO ORDER
Mayor Serna called to order the regular meeting of the Lindsay City Council at 6:00 p.m. in the Council Chamber located at 251 E. Honolulu St.

2. ROLL CALL
Council Present: Mayor Serna
Mayor Pro Tem Yolanda Flores
Councilmember Hipolito Cerros
Councilmember Rosaena Sanchez
Councilmember Misty Villarreal

3. PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Councilmember Villarreal and an invocation was given by Pastor Josh Treadway of the Harvest Center.

4. APPROVAL OF AGENDA
It was motioned by Councilmember Cerros, seconded by Councilmember Sanchez, and unanimously carried to approve the agenda.

5. PUBLIC COMMENT
Eric Coyne, representative from Senator Hurtado’s office, provided legislative updates.

Henry Villanueva encouraged City staff to revitalize the 9/11 mural.

6. COUNCIL REPORT
Councilmember Villarreal advised she attended the Bella Me Esthetics grand opening.

Mayor Pro Tem Flores advised she attend the East Kaweah Groundwater Sustainability Agency Meeting and provided a quick update thereto.

Councilmember Cerros advised he attended the Bella Me Esthetics grand opening and the Economic Development Committee meeting and there would be a report provided at a later date.

Councilmember Sanchez advised she had nothing to report.

Mayor Serna advised he attended the Visalia Rawhide baseball game, the Bella Me Esthetics grand opening, the Save the Children event, and a Kiwanis meeting.

7. CITY MANAGER REPORT
The City Manager reported on recent events and items of interest.

8. STAFF UPDATES
City staff provided updates for Council review.

9. CONSENT CALENDAR
It was motioned by Councilmember Cerros, seconded by Mayor Serna and unanimously carried to approve the items on the Consent Calendar as presented.

9.1 Waive the Reading of Ordinance and Approve by Title Only.

Action & Recommendation: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

Submitted by: Maegan Peton, City Clerk

9.2 Minutes of the Regular and/or Special Meeting of August 13, 2024.

Action & Recommendation: Approve as submitted.

Submitted by: Maegan Peton, City Clerk

9.3 Warrant List for August 5, 2024 through August 18, 2024.

Action & Recommendation: Accept the Warrant List for transaction dates of August 5, 2024 through August 18, 2024.

Submitted by: Lacy Meneses, Director of Finance

10. PUBLIC HEARINGS

10.1 Conditional Use Permit 24-02 Recycling Collection Center.

Action & Recommendation: Approve Resolution 24-29 approving Conditional Use Permit No. 24-02 for a recycling center at 455 N. Mirage (APN 205-220-007).

Submitted by: Kira Stowell, Senior Planner for QK, Inc.

Public Hearing Open: The Public Hearing opened at 6:34 p.m.

Public Comment: Public comment was provided by Henry Villanueva asking for staff to ensure the project is needed and Mercy Herrera who stated she supported a recycling center in its proposed location.

Public Hearing Closed: The Public Hearing closed at 6:36 p.m.

Council Action: It was motioned by Councilmember Villarreal, seconded by Mayor Pro Tem Flores, and carried 4 to 1 (Councilmember Cerros abstained) to approve the item as presented.

11. ACTION ITEMS

11.1 Award Contract for the Construction of the Olive Bowl/Kaku Park Expansion – Phase 12 Project.

Action & Recommendation: Award and authorize the Mayor or Mayor Pro Tem to sign a contract with the lowest responsible bidder, Unified Field Management Services of Bakersfield, CA in the amount of $7,798,767.55 for the construction of the City of Lindsay Olive Bowl/Kaku Park Expansion – Phase 1 Project; and authorize staff to value engineer the remaining phases of the project Submitted by: Neyba Amezcua, Principal Project Manager-QK, Inc.

Public Comment: There were no public comments.

Council Action: It was motioned by Councilmember Cerros, seconded by Mayor Serna, and unanimously carried to approve the item as presented.

11.2 Purchase of a Prefabricated Restroom/Concession/Storage Building for the Olive Bowl/Kaku Park Renovation Project.

Action & Recommendation: Approve the purchase of a 24 X 40 prefabricated restroom/concession/storage building from Structure Cast of Bakersfield, CA for $551,814 for the Olive Bowl/Kaku Park Renovation Project; and authorize the Mayor or Mayor Pro Tem to execute all related purchase documents.

Submitted by: Neyba Amezcua, Principal Project Manager-QK, Inc.

Public Comment: There were no public comments.

Council Action: It was motioned by Councilmember Cerros, seconded by Councilmember Sanchez, and unanimously carried to approve the item as presented.

11.3 GameTime Grant Funding and Purchase of Playground Equipment.

Action & Recommendation: Staff recommends that the City Council take the following actions:

1. Acknowledge the Grant: Formally acknowledge the receipt of the grant award, which will fund the purchase of recreational equipment from GameTime.

2. Authorize the Purchase: Authorize the City Manager to proceed with the purchase of the specified equipment through GameTime, in accordance with the grant terms.

3. Waive the bidding requirements due to GameTime pricing through OMNIA – a Public Sector Program and a State of California Leveraged Procurement Agreement No. 4-20-00-0092B
Submitted by: Neyba Amezcua, Principal Project Manager-QK, Inc Public Comment: There were no public comments.

Council Action: It was motioned by Councilmember Cerros, seconded by Mayor Pro Tem Flores, and unanimously carried to acknowledge the grant; authorize the City Manager to proceed with the purchase of the specified equipment; and waive the bidding requirements due to GameTime pricing through Omnia.

11.4 Award Contract for the Construction of the Tulare Road & Foothill Avenue Intersection and Pavement Rehabilitation Improvements Project.

Action & Recommendation: Award and authorize the Mayor or Mayor Pro Tem to sign a contract with the lowest responsible bidder, MAC General Engineering of Exeter, CA in the amount of $1,814,791.67 for construction of the Tulare Road & Foothill Avenue Intersection and Pavement Rehabilitation Improvements Project Submitted by: Neyba Amezcua, Principal Project Manager-QK, Inc Public Comment: There were no public comments.

Council Action: It was motioned by Councilmember Sanchez, seconded by Councilmember Villarreal, and unanimously carried to approve the item as presented.

11.5 Extra Work Authorization for QK, Inc. for Construction Management Services.

Action & Recommendation: Authorize the Mayor or Mayor Pro Tem to execute an Extra Work Authorization with the City’s contract City Engineer firm QK, Inc., in an amount not to exceed $129,700 for construction management services for the Tulare Road & Foothill Avenue Intersection and Pavement Rehabilitation Improvement Project.

Submitted by: Joseph Avina, Acting Director of City Services Public Comment: There were no public comments.

Council Action: It was motioned by Councilmember Sanchez, seconded by Councilmember Cerros, and unanimously carried to approve the item as presented.

11.6 Award Contract for the Installation of a Programmable Logic Controller (PLC) System at the Water Treatment Plant and at the Canal Intake.

Action & Recommendation: Award and authorize the Mayor or Mayor Pro Tem to sign a contract with the lowest responsible bidder, Telstar Instruments of Hanford, CA in the amount of $80,973 for installation of a Programmable Logic Controller (PLC) system at the Water Treatment Plant and at the canal intake Submitted by: Neyba Amezcua, Principal Project Manager-QK, Inc.

Public Comment: There were no public comments.

Council Action: It was motioned by Councilmember Sanchez, seconded by Mayor Pro Tem Flores, and unanimously carried to approve the item as presented.

11.7 Annual Enterprise Pavement Impact Cost Reimbursement Study.

Action & Recommendation: Accept and adopt the Annual Enterprise Pavement Impact Cost Reimbursement Study to take effect concurrently with the implementation of the new Water & Sewer Rates.

Submitted by: Neyba Amezcua, Principal Project Manager-QK, Inc.

Public Comment: There were no public comments.

Council Action: It was motioned by Councilmember Cerros, seconded by Councilmember Sanchez, and unanimously carried to approve the item as presented.

11.8 2024 Water and Wastewater Rate Study and Discussion Regarding Initiation of Proposition 218 Process.

Action & Recommendation: Staff recommends that the City Council take the following actions:

1. Receive the Water and Sewer Rate Draft Study Report prepared by Bartle Wells and Associates

2. Provide direction on the recommended rate adjustments for the Water Enterprise Fund

3. Provide direction on the recommended rate adjustments for the Wastewater Enterprise Fund

4. Authorize Resolution No. 24-30 setting a Proposition 218 Public Hearing date where the recommended rate adjustments will be considered for adoption

5. Authorize staff to send a Notice of Public Hearing to City of Lindsay water and wastewater customers
Submitted by: Lacy Meneses, Director of Finance
Neyba Amezcua, Principal Project Manager-QK, Inc.

Erik Helgeson, Bartle Wells Associates
Public Comment: There were no public comments.

Council Action: For action 1, it was motioned by Mayor Serna, seconded by Councilmember Sanchez, and unanimously carried to receive the Water and Sewer Rate Draft Study Report as presented.

For action 2, it was motioned by Councilmember Villarreal, seconded by Mayor Pro Tem Flores, and unanimously carried to move forward with option number two for the Water Enterprise Fund.

For action 3, it was motioned by Councilmember Cerros, seconded by Mayor Serna, and unanimously carried to move forward with option number two for the Wastewater Enterprise Fund.

For action 4, it was motioned by Councilmember Cerros, seconded by Councilmember Sanchez, and unanimously carried to authorize Resolution No. 24- 30 setting a Proposition 218 Public Hearing date where the recommended rate adjustments will be considered for adoption.

For action 5, it was motioned by Councilmember Cerros, seconded by Councilmember Sanchez, and unanimously carried to authorize staff to send a Notice of Public Hearing to City of Lindsay Water and Wastewater customers.

11.9 Designation of League of California Cities Voting Delegate and Alternate(s).

Action & Recommendation: Designate a voting delegate and alternate(s) for the 2024 League of California Cities Annual Conference scheduled for October 16-18, 2024; and direct staff to submit the choice of delegates using the online submission portal.

Submitted by: Maegan Peton, City Clerk and Assistant to the City Manager Public Comment: There were no public comments.

Council Action: It was motioned by Mayor Serna, seconded by Councilmember Sanchez, and unanimously carried to designate Councilmember Cerros as the voting delegate and Mayor Serna as the alternate for the Leage of California Cities Annual Conference General Assembly.

12. EXECUTIVE (CLOSED) SESSION
Council adjourned to closed session at 8:29 p.m.

Public Employment
Pursuant to Cal Gov. Code § 54957
Title: Director of Public Safety
Conference with Legal Counsel – Existing Litigation
Pursuant to Cal Gov. Code § 54956.9
City of Lindsay v. SQM North America, CASE NO. 1:11-cv-00046-DAD-EPG, Eastern District of California.

Conference with Legal Counsel – Anticipated Litigation
Significant Exposure to Litigation
Pursuant to § 54956.9(b): 1 Case
Council adjourned from closed session at 8:48 p.m.

EXECUTIVE (CLOSED) SESSION REPORT
City Attorney Megan Crouch advised there was no reportable action.

13. REQUEST FOR FUTURE ITEMS
Councilmember Cerros requested the Council consider an item for the City to establish a mobile app for the purpose of communication. There was no consensus to move forward with this item.

Councilmember Cerros requested the Council consider an item for a newsletter to be sent out and/or collaboration with the schools, for the purpose of communication. There was no consensus to move forward with the newsletter. Council provided consensus to discuss collaboration with the school district.

Councilmember Cerros requested the Council reconsider an item to move refuse charges from the tax roll to a month-to-month basis. There was no consensus to move forward with this item.

Councilmember Cerros requested that the minutes reflect more specifics on the Council Report section on the agenda and received consensus.

14. ADJOURNMENT
The regular meeting was adjourned at 8:53 p.m.

Approved by Council: September 10, 2024.
_________________________
Ramiro Serna, Mayor Pro Tem
ATTEST:
_________________________
Maegan Peton, City Clerk
The next Regular Meeting of the Lindsay City Council is scheduled to be held on Click or tap to enter a date..

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: September 10, 2024
DEPARTMENT: Finance
FROM: Lacy Meneses, Director of Finance
AGENDA TITLE: Warrant List for August 19, 2024, Through September 1, 2024

ACTION & RECOMMENDATION
Accept the Warrant List for transactions dated August 19, 2024, through September 1, 2024.

BACKGROUND | ANALYSIS
The warrant list for August 19, 2024, through September 1, 2024, is submitted for Council review and acceptance.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ATTACHMENTS

1. Warrant List
Reviewed/Approved: ______
Item #: 11.3
Consent
CITY OF LINDSAY | WARRANT LIST
TRANSACTION DATES: THROUGH 9/1/2024
Check# Fund Date Vendor # Vendor Name Description Amount 26589 $1,080.84
101 - GENERAL FUND 08/27/24 4660 CITY OF LINDSAY DED:052 WELLNESS 51.7 101 - GENERAL FUND 08/27/24 4660 CITY OF LINDSAY DED:CDBG CDBG PMT 350 101 - GENERAL FUND 08/27/24 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 679.14 26590 $423.37
101 - GENERAL FUND 08/27/24 3192 SEIU LOCAL 521 DED:COPE COPE SEIU 2 101 - GENERAL FUND 08/27/24 3192 SEIU LOCAL 521 DED:DUES UNION DUES 421.37 26591 $6,209.83
101 - GENERAL FUND 08/27/24 6452 GREAT-WEST TRUST DED:0500 DEF COMP 2059.49 101 - GENERAL FUND 08/27/24 6452 GREAT-WEST TRUST DED:0555 DC LOANPAY 1115.45 101 - GENERAL FUND 08/27/24 6452 GREAT-WEST TRUST DED:151 DEFERCOMP 2589.85 101 - GENERAL FUND 08/27/24 6452 GREAT-WEST TRUST DED:ROTH ROTH 445.04 26592 $23.10
101 - GENERAL FUND 08/27/24 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 23.1 26593 $73.82
101 - GENERAL FUND 08/27/24 6246 MCDERMONT VENTURE I DED:051 MCDERMONT 73.82 26594 $62.76
101 - GENERAL FUND 08/27/24 3042 STATE DISBURSEMENT DED:0512 CHILD SUPT 62.76 26595 $489.65
101 - GENERAL FUND 08/27/24 1498 STATE OF CALIF FRAN DED:0511 FTB - DEBT 489.65 26596 $329.08
101 - GENERAL FUND 08/27/24 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 329.08 EDD82324 $4,522.60
101 - GENERAL FUND 08/27/24 687 STATE OF CALIFORNIA EDD PRPD 8/23/2024 4522.6 IRS82324 $34,535.71
101 - GENERAL FUND 08/27/24 2011 INTERNAL REVENUE SE 941 PRPD 8/23/24 12462.17 101 - GENERAL FUND 08/27/24 2011 INTERNAL REVENUE SE 941 PRPD 8/23/24 22073.54 8/19/2024

SUMMARY BY FUNDING SOURCE
101 - GENERAL FUND 47,750.76
261 - GAS TAX FUND -
263 - TRANSPORTATION -
400 - WELLNESS CENTER -
552 - WATER -
553 - SEWER -
554 - REFUSE -
556 - VITA-PAKT -
600 - CAPITAL IMPROVEMENT -
700 - CDBG REVOLVING LN FUND -
720 - HOME REVOLVING LN FUND -
779 - 00-HOME-0487 -
781 - CAL HOME RLF -
883 - SIERRA VIEW ASSESSMENT -
884 - HERITAGE ASSESSMENT DIST -
886 - SAMOA -
887 - SWEETBRIER TOWNHOUSES -
888 - PARKSIDE -
889 - SIERRA VISTA ASSESSMENT -
890 - MAPLE VALLEY ASSESSMENT -
891 - PELOUS RANCH -
TOTAL $47,750.76

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: September 10, 2024
DEPARTMENT: Finance
FROM: Lacy Meneses, Director of Finance
AGENDA TITLE: August 2024 Monthly Treasurer’s Report

ACTION & RECOMMENDATION
Accept the August 2024 Monthly Treasurer’s Report.

BACKGROUND | ANALYSIS
The August 2024 Monthly Treasurer’s Report is submitted for Council review and acceptance.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ATTACHMENTS

1. August 2024 Treasurer’s Report
Reviewed/Approved: ______
Item #: 11.4
Consent

CASH RESOURCES
LOCATION GL ACCOUNT # TYPE BALANCE
Cash Register Funds (City Hall & Wellness) 100-102 RES 1,100$ Bank of the Sierra- Depository Account 100-114 GEN 1,074,676 Bank of the Sierra - Wellness Center 100-500 GEN 516,435 Bank of the Sierra - Impound Account 100-120 RES 36,969 LAIF Savings: City & Successor Agency 100-103 INV-RES 4,708,650 MBS Investments 100-700 INV-RES 5,760,173
$ 12,098,003

CASH EXPENDED

ACCOUNTS PAYABLE & PAYROLL AMOUNT DEBT SERVICE AMOUNT
Accounts Payable 1,825,716$ None.

Payroll (August 9 Payday) 320,953$
Payroll (August 23 Payday) 287,187$
TOTAL $ 2,433,856 TOTAL $ -

INVESTMENTS
INVESTED FUNDS $4,745,619
Respectfully submitted,
GEN: GENERAL UNRESTRICTED
RES: RESTRICTED ACTIVITY
Director of Finance INV: INVESTMENT
City of Lindsay

ABBREVIATIONS
Lacy Meneses
Monthly Treasurer's Report
August 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).

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: September 10, 2024
DEPARTMENT: City Clerk
FROM: Maegan Peton, City Clerk and Assistant to the City Manager AGENDA TITLE: Establishment of the Lindsay Economic Development Committee

ACTION & RECOMMENDATION
Adopt Resolution No. 24-31 formally creating the Lindsay Economic Development Committee and establishing the bylaws by which the Committee will adhere to.

BACKGROUND | ANALYSIS
At the City Council meeting on January 9, 2024, upon request by Councilmember Cerros, Council discussed the formation of an Ad-Hoc Committee for the purpose of Economic Development. At the time, the request was for an Ad-Hoc Committee consisting of seven (7) members and an application process. The focus of the AdHoc Committee requested by Councilmember Cerros was to revitalize the downtown by encouraging development and encouraging current owners to either sell or redevelop their building.

Section 7.04 of Charter of the City of Lindsay provides the guidelines for Boards, Commissions, and Committees as follows:
“A. How Created. The City Council by ordinance or resolution may create, modify, combine and abolish such boards, commissions and committees as it shall determine.

B. Appointments. Boards, commissions and committees established by ordinance shall consist of members nominated by the Mayor and approved by the Council. Boards, commissions and committees established by resolution shall be appointed by the Mayor from nominees presented to him/her by the Council.

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

D. Limitation. All boards, commissions and committees only shall be advisory to the City Council, and may not exercise any administrative or management powers.”
An Ad-Hoc Committee is created with the purpose of dissolution after a goal has been accomplished. A standing committee is created when there is a continuing subject matter jurisdiction. Given that downtown development and redevelopment is an ongoing process, staff are now suggesting that this committee be created as a standing committee as opposed to an Ad-Hoc.

The consensus of staff is that there should be the following representatives on the Committee:
• Two (2) representatives from Council
• Three (3) representatives consisting of City Staff
• Five (5) representatives from the public that either live or work in the City of Lindsay.

If Council approves this item, staff will begin accepting applications submitted by the public and bring to Council for review at the following meeting. Further meeting guidelines will be provided in Exhibit “A” of Resolution 24-31.

Item #: 12.1
Action Items

FISCAL IMPACT
There is no direct cost associated with this action. However, indirect costs may include staff time for attending the Lindsay Economic Development Committee meetings.

ATTACHMENTS

1. Resolution 24-31
Reviewed/Approved: ______

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LINDSAY
RESOLUTION NO. 24-31

NUMBER 24-31
TITLE

MEETING

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LINDSAY ESTABLISHING THE LINDSAY ECONOMIC

DEVELOPMENT COMMITTEE AND APPROVING THE BYLAWS
FOR THE COMMITTEE.

At a regularly scheduled meeting of the City of Lindsay City Council held on September 10, 2024, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, according to the Chapter of the City of Lindsay § 7.0, the City Council by ordinance or resolution may create, modify, combine and abolish such boards, commissions and committees as it shall determine; and
WHEREAS, Boards, commissions and committees established by resolution shall be appointed by the Mayor from nominees presented to him/her by the Council; and WHEREAS, the Committee shall be advisory only to the City Council and will report items of interest to Council as needed and or requested; and
WHEREAS, Exhibit “A” shall prescribe their powers and duties, determine the number and qualifications of the members, their method of selection, term of office and removal, and fix their compensation, if any.

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

SECTION 1. The Lindsay Economic Development Committee is established pursuant to the Chapter of the City of Lindsay § 7.04.

SECTION 2. This resolution shall be effective immediately upon its approval and adoption.

SECTION 3. The Mayor, or pending officer, is hereby authorized to affix their signature to the Resolution signifying its adoption by the City Council of the City of Lindsay, and the City Clerk, or their duly appointed deputy, is directed to attest them.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LINDSAY
RESOLUTION NO. 24-31

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

MEETING DATE Click or tap to enter a date.

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. _____________________________________
Ramiro Serna, Mayor

CERTIFICATE OF ATTESTING OFFICER
The undersigned, Maegan Peton, City Clerk of the City of Lindsay does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Lindsay which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date thereof.

ATTEST: _____________________________________
Maegan Peton, City Clerk
RESOLUTION NO. 24-31

City of Lindsay
Lindsay Economic Development Committee Bylaws

1. Purpose and Intent. The membership and duties of the Lindsay Economic Development Committee (the “Committee”) are prescribed as set forth herein.

These Bylaws set forth the procedural rules for the conduct of Committee meetings.

2. Meetings. The Committee shall conduct its business in accordance with the Lindsay Municipal Code, these Bylaws, and the Ralph M. Brown Act (Government Code Section 54950 et seq.).

2.1 Regular Meetings. The Committee shall set forth the meeting date as needed. Regular meetings shall be held in the Council Chambers. No meeting shall be held on a day that falls on a legal holiday. Notice of meeting must be received at least seventy-two hours before the time of such meeting.

2.2 Special Meetings. Special meetings may be called at any time by the Chair or by a majority of the Committee, by delivering notice to each member of the Committee (hereinafter “member” or “members”) and by posting the notice in the designated posting locations. Such notice may be delivered and received at least twenty-four hours before the time of such meeting as specified in the notice. The noticed shall specify the time and place of the special meeting and the business to be transacted, and no other business shall be transacted at that meeting other than that contained in the notice.

2.3 Adjourned Meetings. All meetings may be adjourned to another specified time, place, and date, but not beyond the next regular meeting. If less than a quorum of all members is present at any regular or adjourned regular meeting, the Clerk of the Committee may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided in paragraph 2.2 above for special meetings. A copy of the notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was to be held within 24 hours after the time of the adjournment.

2.4 Study Sessions. The Committee may, from time to time, as part of a regular, adjourned, or special meeting, meet in study session to focus on a particular matter within its jurisdiction. Action shall not be taken during a study session, but direction may be provided.

2.5 Public Meetings. All meetings and study session of the Committee shall be open to the public as provided in the Brown Act.

RESOLUTION NO. 24-31

2.6 Cancellation of Regular Meetings. The Committee may cancel an upcoming meeting for lack of quorum. Notice of the cancellation shall be posted in lieu of an agenda.

3. Organization of the Committee.

3.1 Establishment. There is established a Lindsay Economic Development Committee. The Committee shall consist of (2) representatives from the City Council, (3) representatives from City staff, and (5) representatives from the public who live in the City limits or represent a business located in the City limits. Members shall be appointed by and serve at the pleasure of a simple majority of the City Council, subject to removal at any time by a simple majority of the City Council. For the first group members appointed from the public, three members shall serve four-year terms and two members shall serve two-year terms, as determined by the Town Council.

3.2 Term. Except for those members initially appointed for a two-year term pursuant to Section 3.1 above, the term of office of each member is four (4) years.

3.3 Compensation. No person shall receive compensation for service as a member, except for reimbursement of all such expenses that have prior authorization, are necessary, and legitimately incurred during the performance of official duties as a member of the Committee.

3.4 Officers. The Committee shall elect from its membership a Chair, who shall preside over meetings and a Vice-Chair who shall preside in the absence of the Chair. The Chair and Vice-Chair may sometimes be referred to herein as the “presiding officer.” Members of the Committee shall have the following powers:
• To move, second, debate, discuss, and to vote.
• To maintain decorum.
• To determine whether a speaker from the audience has exceeded his or her time or is otherwise out of order.

In addition to the above powers, the Chair or the Vice Chair (when the serving in the Chair’s absence) has the following powers:
• To call to order the meeting and to conduct the order of business as set forth in the agenda.
• To adjust the agenda, if needed, at the time of the meeting with the approval of the committee.

RESOLUTION NO. 24-31

• To rule motions in or out of order.
• To rule on questions of parliamentary procedure based generally on Robert’s Rules of Order.
• To call a brief recess during a meeting.
• To appoint members to subcommittees with the approval through simple majority of the Committee.

The presiding officer’s determination as to any of the above matters may be overruled by a majority of the members present.

3.5 Organizational Meeting. At its first meeting, the Committee shall elect a Chari and a Vice-Chair from among its members by majority vote of those present.

3.6 Term of the Chair and Vice-Chair. The term of office of the Chari and Vice-Chair shall be one year. A member may service consecutive terms as Chair and Vice-Chair. Nothing shall prevent the Committee from removing and replacing the Chair or Vice-Chair at any time during their respective terms, provided that the item is properly on the agenda of the meeting and approved by a majority of members present.

3.7 Vacancy in the Office of Chair or Vice-Chair. A vacancy in the office of Chair or Vice-Chair shall be filled for the remainder of the unexpired term through a simple majority vote by the Committee.

3.8 Vacancy of a Member’s Seat. A member may resign by submitting his or her resignation in writing to the Chair. Resignation is effect and irrevocable when submitted. In the event of an unscheduled vacancy of any member’s seat prior to the expiration of his or her term, the City Council may appoint a member to serve the remainder of the term. The newly appointed member shall take and subscribe to the oath of office before the next meeting after his or her appointment to City Council.

3.9 Quorum. A majority of the total membership of the Committee shall constitute a quorum for the transaction of business. Where there is not a quorum present, the Clerk of the Committee shall announce that no meeting will be held due to lack of a quorum present and shall announce the date of the next regular meeting. When a member is disqualified due to a legal conflict of interest, his or her presence shall not be considered in determining the presence of a quorum. Any decision of the Committee shall require a vote of the majority of the members. If such number of members becomes less than a quorum, the item shall not be acted upon at that time.

RESOLUTION NO. 24-31

3.10 Subcommittees. The Committee may, from time to time, establish an AdHoc subcommittee consisting of any number less than a quorum of its membership for the purposes of studying a specific area of concern. The Committee may refer matters to a subcommittee to report back to the full Committee at a future date. The subcommittee will be considered advisory, and its recommendations are subject to action by the fully committee.

3.11 Oath of Office. Newly appointed members shall take and subscribe to the Oath of Office before assuming their duties. The oath may be given by the City Clerk and his or her deputy as authorized.

4. Powers and Duties

4.1 The Committee shall help coordinate economic development proposals, research, and issues citywide with a focus on downtown development and redevelopment.

4.2 The Committee shall advise the Lindsay City Council on funding opportunities, business research relative to economic development and the progress of potential business projects occurring in the City of Lindsay.

5. The Committee Agenda

5.1 Preparation of the Agenda. The Clerk of the Committee shall formulate and prepare the agenda as advised by the Committee.

5.2 Posting of the Agenda. The Clerk of the Board shall cause to be posted an agenda for each meeting in the designated posting locations subject to the Brown Act and type of meeting. Agendas for adjourned meetings shall be posted in the same fashion, unless the business to be undertaken is limited to the items on the agenda of the meeting at which the adjournment occurs and the meeting is adjourned to a date within five days of the adjournment. Agendas of special meetings shall be posted and provided along with the notice of the meeting as provided in paragraph 2.2 above.

5.3 Affidavit of Posting. Immediately following the posting of the agenda, the Clerk of the Board shall cause to be completed an affidavit of posting which shall indicate the date, time, and location of posting and shall be signed under penalty of perjury. The Clerk of the Board shall retain all such affidavits in accordance with the City’s records retention policy.

RESOLUTION NO. 24-31

5.4 Order of Business. Items shall be placed on the agenda substantially according to the following “Order of Business.” Upon review of the agenda at the beginning of the meeting, the Committee may change the order of business as needed to promote the efficiency of the meeting. The Order of Business for each regular meeting shall be as follows:

1. Call to order

2. Roll Call

3. Pledge of Allegiance

4. Approval of Agenda

5. Committee Reports

6. Public Comment for items on the Consent Calendar or not listed on the Agenda.

7. Consent Calendar

8. General Business Items

9. Subcommittee Reports (as needed)

10.Adjournment

5.5 Description of Matters on the Agenda. All items of business to be discussed shall be described briefly on the agenda in sufficient detail so that a reasonable person can determine the general nature of the matter under consideration. Not every recommendation or conceivable action or alternative action need be listed. Generally, each item on the agenda shall contain a staff recommendation and the specific action requested to be taken.

5.6 Adding Items of Business to a Future Agenda. Any member may request that an item of business within the Committee subject matter jurisdiction be added to a future agenda.

5.7 Public Comments. Members of the public shall be permitted to speak on each item of business on the agenda when the item is taken up and before action is taken on the item by the Committee. Each speaker shall have a three (3) minute period to speak; time cannot be ceded to another speaker. The "Public Comments" item shall be limited to items on the Consent Calendar (and not pulled therefrom) and matters not on the agenda but within the subject matter jurisdiction of the Committee. An individual may speak only once during “Public Comments.”

5.8 Notification. Upon written request on an annual basis, the Clerk of the Board will email agendas or agenda packets to any person.

6. Minutes. The minutes of meetings shall be kept by the Clerk of the Board in accordance with the following policy:

RESOLUTION NO. 24-31

6.1 Minutes shall contain a record of all proceedings, motions, and actions, and may contain a summary of the discussion if needed, but no verbatim transcription shall be taken. The minutes shall accurately reflect what occurred at the meeting.

6.2 All motions, whether carried or not, shall be recorded, disclosing the author of the motion and the second, and the roll call vote.

6.3 Minutes of public hearings shall list when available the names and City of residence of all persons who speak during the hearing, and the position they took on the matter. The minutes need not include detailed or verbatim transcription of public comments.

7. Clerk of the Board. The City Manager or his/her designee shall serve as the Clerk of the Board for the Committee. The Clerk of the Board shall:

7.1 Keep the minutes of all meetings and retain approved minutes according to the Records Retention Schedule.

7.2 Formulate and prepare the agenda for all meetings.

7.3 Be custodian of Committee records.

7.4 Inform the Committee of correspondence relating to business of the Committee and attend to such correspondence.

7.5 Sign and/or attest official documents of the Committee.

7.6 Keep a record of concerns raised by the Committee regarding staff matters and/or directions for future staff action.

8. Conduct of Meetings.

8.1 Action by the Committee. The Committee shall proceed by way of motion. Any member, including the chair, may make a motion and any member may second the motion except that the same person who made the original motion. A member may make only one motion at a time and a motion or second may be withdrawn by the maker at any time before a vote.

8.2 Adoption by a Majority Vote. A motion shall be adopted by an affirmative vote of a majority of the members present provided a quorum is determined to exist. Members have a duty to vote “aye”, or “nay” on each motion. Recusals shall be made, or abstentions shall be cast, only if the member declares:

8.2.1 The existence of a conflict of interest or other disqualification from voting; or

8.2.2 A lack of sufficient information upon which to base a vote due to absence from a previous meeting.

8.3 Rules of Decorum. Members of the Committee shall conduct themselves in an orderly and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process is maintained at all times. Members RESOLUTION NO. 24-31

shall maintain a polite, respectful, and courteous manner when addressing one another, City staff, and members of the public during meetings.

Members shall speak clearly into the microphone so that they can be heard by the audience and so that they can be heard clearly when being recorded.

8.3.1 Communication with Members
• Each member shall be given an opportunity to express their thoughts on the subject matter without interruption or otherwise being disturbed.
• A member who is speaking shall attempt to avoid repetition and shall limit their comments to subject matter at hand. Members should express their view without engaging in lengthy debates.

8.3.2 Communication with Members of the Public Addressing the Committee.
• Members may question a person addressing the Committee at the conclusion of the person’s comments or upon the expiration of the person’s time to speak.
• If the member of the audience has addressed the Committee on matters that are not on the agenda, members shall refrain from discussion of the matter. If a member so wishes, the member may, if appropriate, direct the Clerk of the Board to place the matter on the next agenda, subject to approval of the
Committee.

8.3.3 Rules for the Public.
• Any person wishing to speak in shall be invited to address the Committee during Public Comment or at the time the item is addressed by the Committee.
• No person shall address the Committee without first being recognized by the Presiding Officer.
• No person addressing the Committee shall make repetitious, slanderous, or irrelevant remarks, or engage in any other disorderly conduct which disrupts, disturbs, or otherwise impedes the orderly conduct of the meetings. Any person who so disrupts the meeting may, at the discretion of the Presiding Officer or a majority of the Committee, be subject to ejection from that meeting.

8.3.4 Enforcement. The Chair shall follow the following procedure to maintain decorum:
• Warning. The Presiding Officer shall request that a person who is disrupting the meeting cease such conduct. If after receiving a warning from the Presiding Officer, the person persists in the violation, the Presiding Officer shall order the person to leave RESOLUTION NO. 24-31

the meeting. If the person does not leave the meeting, the Presiding Officer may order a law enforcement officer to remove the person from the chambers.
• Removal. A law enforcement officer shall carry out the orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum. Upon instruction of the
Presiding Officer, it shall be the duty of the law enforcement officer to remove from the meeting any person who is disturbing the proceedings.

9. General.

9.1 The City shall approve and release any and all publicity releases, public information, pamphlets, and other public relations information. No member shall use any City letterhead in any private activity.

9.2 These bylaws may not be amended unless the proposed amendment has been presented to and approved by the City Council.

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: September 10, 2024
DEPARTMENT: City Services
FROM: Joseph Avina, Acting Director of City Services
AGENDA TITLE: Extraterritorial Sewer Connection for APN 202-144-004

ACTION & RECOMMENDATION
Approve Resolution No. 24-32, an Extraterritorial Sewer Connection for APN 202-144-004; and authorize the City Manager to execute the Extraterritorial Sewer Service Agreement once all requirements are met.

BACKGROUND | ANALYSIS
Julieta and Moises Andrade submitted a request to obtain permission to connect to the City Sewer System for 956 Lafayette Avenue (request attached). The 8,215 square foot property is located in the County of Tulare’s jurisdiction, outside of the City of Lindsay city limits. The property is developed with one single-family home and zoned Single Family Residential (RES) by the County. The City of Lindsay currently has an agreement with the County of Tulare to serve this county neighborhood, known as the Page-Moore area, with drinking water services but not for sanitary sewer collection services.

California Government Code Section 56133 states that a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the commission of the county in which the affected territory is located, in this case, Tulare County Local Agency Formation Commissions (LAFCO). LAFCO may authorize a city or district to provide new or extended services outside its jurisdictional boundary, but within its sphere of influence in anticipation of a later change of organization, or to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory.

Given that the property is outside City limits, but within the City sphere of influence, the City Council may request an extension of services on the property owner’s behalf. Annexation is not being recommended at this time. However, the property owner must also consent to annexation in the future, at the City’s discretion. The property owner states they are having trouble with their septic system. A failing septic system can contaminate groundwater and surface water and lead to the spread of infectious diseases. Failing septic systems can release dangerous gases, such as methane, and expose humans and animals to mold spores, bacteria, and salmonella.

Per the City Municipal Code Section 13.12.140, Service Outside City, all sewer services outside the city limits are subject to Council approval and shall pay twice the applicable monthly rates. The sewer connection will follow the engineering requirements and the City Municipal Code Section 13.16.II - Sewerage Construction and Sewer Use.

A draft Extraterritorial Sewer Service Agreement between the City and the property owners is attached for review. The agreement indemnifies the City.

Approval of the attached Resolution directs the Director of City Services & Planning or his/her designee to submit an application to LAFCO for the approval of an Extraterritorial Services Agreement in the manner Item #: 12.2
Action Items
provided by the Cortese-Knox Hertzberg Local Government Reorganization Act of 2000 and would authorize the City Manager to execute the Extraterritorial Sewer Service Agreement, once all requirements are met.

ENVIRONMENTAL REVIEW
This project is categorically exempt from CEQA per Article 19, Section 15301 “Existing Facilities” and 15303 “New Construction or Conversion of Small Structures”.

FISCAL IMPACT
The property owner will be required to pay all the expenses related to the request for extension of service, including obtaining LAFCO approval and the cost of construction of all necessary infrastructure.

Revenue from Connection:

Connection Fee = $250.00
Treatment Plant Fee = $700.00
Encroachment Permit = $380.00
Monthly Charges will be twice the applicable monthly rates, per the City of Lindsay municipal code.

ATTACHMENTS

1. Request Letter

2. Location Map

3. Draft Extraterritorial Sewer Service Agreement

4. Resolution 24-32
Reviewed/Approved: ______
Request Letter
Location Map
1 DRAFT

EXTRATERRITORIAL SEWER SERVICE AGREEMENT BETWEEN THE CITY OF

LINDSAY AND MOISES ANDRADE
THIS AGREEMENT is made and entered into effective the day of , 2024, {"Effective Date") by and between the City of Lindsay, a California municipal corporation (hereinafter referred to as "City"), and Moises Andrade, an individual (hereinafter referred to as "Property Owner") of the subject property commonly known as 956 Lafayette Avenue, Lindsay, California 93247 (hereinafter referred to as "the Subject Property" or "the Property").

AGREEMENT
NOW, THEREFORE, in consideration of the WHEREAS provisions above which shall be considered contractual provisions, the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto, agree as follows:

A. GENERAL PROVISIONS. Property Owner will fully complete all of the following tasks, at Property Owner's sole cost and expense, as a condition precedent to City's obligation to provide Wastewater Services (Sewer):

1. Submit an application for extraterritorial services on a form provided by City and pay the application deposit (which includes, without limitation, the costs of preparing this agreement). The application will have the following as attachments:
a. Design and engineering diagrams prepared by Property Owner (or Property Owner's duly licensed consultant) in a form satisfactory to the City Engineer and City Director of City Services & Planning showing how Sewer will be connected and identifying the point of connection to City's system. b. An estimate of annual Sewer usage.

2. Upon tentative approval by City and delivery by City to Property Owner of a written cost estimate and connection analysis, the Property Owner shall submit payment for an application to LAFCO for approval of an Extraterritorial Service request (City will submit its evidence of consent to provide service as requested by LAFCO).

3. Upon receiving LAFCO approval, submit a standard City application for connection to the City Wastewater Service and pay all standard fees and costs associated with such applications and pay any special costs as estimated by the City Engineer and City Director of City Services & Planning that will be incurred by the City in connection with connecting Wastewater Services outside the City Limits, including without limitation any and all City costs in connection with construction inspection and plan review for purposes of granting approvals.

4. Approve the written statement (City Statement) prepared by City staff showing the exact costs to be paid and the timing of payment and approve the Point of Service and any other technical details required to affect the Wastewater Services Connection.

5. Property Owner obtaining, at Property Owner's sole cost and expense, any and all permits and approvals required for the Wastewater Services connection by any governmental or quasi-governmental or utility entity and complying with any and all (if any) environmental reviews including without limitation those pertaining to the 2 California Environmental Quality Act (CEQA). Such efforts will be at Property Owner's sole cost and expense.

B. PROVISIONS DURING THE TERM OF THIS AGREEMENT. During the term of this Agreement, Property Owner, on his behalf and on behalf of any successors or assigns who possess any interest in the Subject Property, agree to the following terms and conditions to the continuing receipt of City Services:

1. Property Owner shall pay to City, at the time of execution of this Agreement and consistent with when other City Utility Customers are required to make payment, all City delivery charges, fees and taxes, including but not limited to the City's Utility Taxes, and any other applicable fees, charges or taxes required by City.

2. To grant City employees and contractors access to the Subject Property as necessary to effect repairs to the Utility Service facilities and to cooperate with the City in obtaining any permits or approvals from the County of Tulare needed to maintain the utility system.

C. PROVISIONS RELATED TO CONNECTION TO WASTEWATER SERVICES .

Connection to City's municipal sewer system by Property Owner shall be subject to the following conditions:

1. Construction of New Sewer System. Property Owner shall construct in accordance with the designed and engineered system approved by City, at its sole responsibility and expense, a public sewer line from the Point of Service to the Subject Property (hereinafter "New Sewer System"). The New Sewer System shall be a public sewer line and be operated and maintained by the City of Lindsay during the term of this Agreement.

2. Alignment and Permits. Pipeline construction by Property Owner for the New Sewer System shall follow an alignment acceptable to Tulare County and shall comply with any required permits issued by Tulare County. All permits and approvals required from Tulare County are the sole responsibility of Property Owner.

3. Easements Required for New Sewer System. Property Owner will secure, and if necessary, pay for all easements required for the construction and installation of the New Sewer System.

4. City to Provide Sewer Service. Upon installation and determining the New Sewer System is operational and upon Property Owner's full and complete performance of all obligations and responsibilities under this Agreement, City agrees to provide Property Owner with Wastewater Services including the collection, treatment, and disposal of sewage and wastewater.

5. No Representation Regarding Sewer Service. City does not make any representation, warranty or guarantee of any kind or nature and hereby specifically disclaims any kind of representation, warranty or guarantee any of the New Sewer System when constructed and installed will provide any specific capacity to the Subject Property under varying scenarios or for any use by Property Owner and its tenants, lessees, purchasers, successors, or assigns. However, the City will use reasonable efforts to assure that the New Sewer System is treated equally with all other portions of its Municipal Wastewater Treatment System with respects to system performance.

6. Maintenance and Repair of New Sewer System. City shall, at its sole cost and expense maintain the City's municipal wastewater system and will maintain the New Sewer System to the Property line during the term of this agreement. Property Owner 3 shall, at its sole cost and expense, maintain, repair and replace any portion of the sewer lines from the property line to the house connection. Under no circumstances shall the City be required or accountable to maintain, repair or replace the private portion of the sewer lines from the property line to the house connection.

7. Sewer Facilities on Owners Property. All sewer lines and facilities located from the property line which run through the Subject Property premises are private sewer facilities, the property of Property Owner and shall not be considered a portion of the New Sewer System. The Property Owner shall have the same responsibilities, duties and obligations for its private sewer facilities, including repair and maintenance, as would any other property owner within the jurisdiction of the City of Lindsay subject to the Lindsay Municipal Code, as may be amended, including enforcement by City of Lindsay pertinent Municipal Code Provisions.

8. Property Owner shall not permit any additional connections to either the New Sewer System or to any portion of the private facilities from the point of service to the house connection other than one connection for the residence or sewer uses existing at the time of signing this Agreement. Property Owner shall not increase the intensification of land uses on the Subject Property that would substantially increase the current sewer demands from the connection existing at the time of signing this Agreement without written approval of the City. The definition of "substantially increase" as used within this section would be an amount in excess of 20% usage over the average monthly usage of Property Owner over a six-month period of time after entering into this Agreement and City begins to provide sewer services.

9. Possible Removal of the New Sewer System. If as part of extending Sewer Services to the entire area surrounding the Subject Property, City determines that the New Sewer System is inadequate for integration into the larger system, Property Owner will remove the New Sewer System at Property Owner's sole cost and expense to allow connection into any such new system then being constructed.

D. ADDITIONAL PROVISIONS.

1. Continuing Obligations and Responsibilities of Property Owner. Property Owner agrees to promptly pay to City any and all charges, fees and taxes for Wastewater Services supplied by City to Property Owner's Subject Property. All fees listed in the City’s Fee Schedule are regularly updated and amended from time to time by City's Council. Notwithstanding any other section of this Agreement, the fees and rates set forth by the City's Fee Schedule, as currently in effect or as it may be amended, are incorporated herein and shall have precedence over the fees listed in this Agreement and attached exhibits. Property Owner is responsible to pay the charges, fees and rates as set forth by the Master Fee Schedule. Property Owner agrees to maintain its Utility Service accounts with City in a current status.

2. Consent to Future Annexation. In further consideration of City's agreement to provide Wastewater Services from City's municipal Utility Services systems to the Subject Property, Property Owner agrees not to oppose or protest, in any way, the future annexation of Property Owner's Subject Property to City and to pay Property Owner's share of all applicable fees and charges City or any other governmental agency may require at the time of annexation of Property Owner's Subject Property to City.

Property Owner will sign a petition to annex the Subject Property when requested by City. Any material breach by Property Owner within this Agreement to Annexation into the City of Lindsay will be considered a cross breach of this Agreement affording 4 City any and all remedies it would otherwise have related to a material breach of this Agreement.

3. Covenants Running with the Land. Property Owner acknowledges and agrees that all of Property Owner's covenants, agreements, promises, representations and warranties as set forth in this Agreement are covenants running with Property Owner's Subject Property as defined in the applicable provisions of Section 1457 et seq. of the California Civil Code. Property Owner's covenants, agreements, promises, representations and warranties as contained in this Agreement, shall run with Property Owner's Subject Property and shall be binding on Property Owner, their successors and assigns and all parties and persons claiming under them. Within thirty (30) days of execution by the last party to sign, City will record a copy of this Agreement as a covenant running with the land.

4. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. Property Owner may not assign its rights and/or obligations under this Agreement without the prior written consent of City, which consent shall not be unreasonably withheld. Any such consent by City shall not, in any way, relieve Property Owner of its obligations and responsibilities under this Agreement.

5. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted electronic means, or by facsimile followed by telephone confirmation of receipt or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice.

Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof.

6. Binding. Subject to Section 18 hereafter, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.

7. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

8. Indemnification of City. To the greatest extent allowed by law, Property Owner shall indemnify, hold harmless and defend City and each of its officers, officials, attorneys, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Property Owner or any other person, and from any and all claims, demands, liabilities, damages and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of the performance of this Agreement or the performance of any or all work to be done in and upon the street rights-of-way, the Subject Property, and premises adjacent thereto, pursuant to 5 this Agreement, or arising or alleged to have arisen directly or indirectly in any way related to the construction, installation and operation of the Utility Service System by anyone occupying any portion of Property Owner's Subject Property, including, without limitation, any such claims, causes of action, damages, liabilities, fees, costs, expenses and attorney fees arising from the provision or lack of provision of services provided by the New Sewer System. Property Owner's obligations under the preceding sentence shall apply regardless of whether Property Owner are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, attorneys, employees, agents or volunteers. Property Owner agrees there are no property rights granted herein, and that Property Owner only obtains a contract right to City Sewer under the terms of this Agreement. With respect to any sewer service-related issues, concerns, or claims Property Owner may have, Property Owner's only remedy under this Agreement is to terminate the agreement or continue to accept the provision of sewer services from the City. Property Owner agrees to indemnify City consistent with this section related to any actual or potential service interruptions under this Agreement. This section shall survive termination or expiration of this Agreement.

9. Public Health, Safety and Welfare. Nothing contained in this Agreement shall limit City's authority to exercise its police powers, governmental authority or take other appropriate actions to address threats to public health, safety and welfare, including temporarily suspending Utility Services as deemed appropriate by City in its sole determination.

10. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Tulare County, California.

11. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.

12. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any of one provision in this Agreement shall not affect the other provisions.

13. Interpretation. The parties acknowledge this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

14. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.

15. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

16. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit and Attachment. Furthermore, any terms or 6 conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.

17. Cumulative Remedies. No remedy of election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

18. No Third-Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

19. Extent of Agreement. Each party acknowledges the have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral.

This Agreement may be modified only by written instrument duly authorized and executed by both City and Property Owner.
**SEE FOLLOWING PAGE FOR SIGNATURES**
7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first written above written by their respective officers duly authorized on their behalf.

CITY OF LINDSAY:

City of Lindsay
251 E. Honolulu St.

Lindsay, CA 93247
By:______________________________________
Daymon Qualls, City Manager
___________________________________
Maegan Peton, City Clerk
Property Owner:

Moises Andrade
956 Lafayette Avenue
Lindsay, CA 93247
By:______________________________________
Moises Andrade

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LINDSAY
RESOLUTION NO. 24-32

NUMBER 24-32
TITLE

MEETING

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LINDSAY, AUTHORIZING AN AGREEMENT BETWEEN THE CITY

OF LINDSAY AND MOISES ANDRADE FOR EXTRATERRITORIAL

SEWER SERVICE AND OFFSITE INFRASTRUCTURE FOR THE
PROPERTY LOCATED AT 956 LAFAYETTE AVENUE, LINDSAY, CA
93247 (APN: 202-144-004) AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ANY DOCUMENTS THERETO
At a regularly scheduled meeting of the City of Lindsay City Council held on September 10, 2024, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, Moises Andrade (“property owner”) owns property located at 956 Lafayette Avenue ("property") consisting of one single family residence on a 8,215 square foot parcel (APN #202- 144-004), and has requested to be connected to the City's infrastructure to provide Wastewater Services (“Sewer”) to the subject property; and
WHEREAS, the City of Lindsay City Council has determined that the request is exempt from provisions of the California Environmental Quality Act (CEQA) per Article 19, Section 15301 “Existing Facilities” and 15303 “New Construction or Conversion of Small Structures”; and WHEREAS, the property is outside of the City of Lindsay City limits but within the Sphere of Influence; and
WHEREAS, Moises Andrade wishes to enter into an Extraterritorial Sewer Service Agreement with the City as he is currently experiencing issues with his existing septic system; and WHEREAS, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires that the Local Agency Formation Commission review and approve extraterritorial service agreements; and
WHEREAS, the City does not desire to annex the subject property to the City at this time, but is willing to provide the Property Owner with Wastewater Services given that the Property Owner pay any and all costs associated with making such connections and obtaining all necessary permits and approvals; and
WHEREAS, the necessity of this extraterritorial agreement is to address immediate health and safety needs of the public; consistent with Government Code section 56133 (c); and

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LINDSAY
RESOLUTION NO. 24-32

WHEREAS, the City has available Wastewater Services (Sewer) with sufficient capacity which may be extended to the Subject Property and is willing to provide Wastewater Services so long as the Property Owner fully complies with, abides by, and performs all conditions precedent to such City performance, as specified in the Agreement.

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

SECTION 1. Property Owner will fully complete all of the following tasks, at Property Owner's sole cost and expense, as a condition precedent to City's obligation to provide Wastewater Services (Sewer):

1. Complete an application for extraterritorial services on a form provided by City and pay the application deposit (which includes, without limitation, the costs of preparing this agreement). The application will have the following as
attachments:
a. Design and engineering diagrams prepared by Property Owner (or Property Owner's duly licensed consultant) in a form satisfactory to the City Engineer and City Director of City Services & Planning showing how Sewer will be
connected and identifying the point of connection to City's system.
b. An estimate of annual Sewer usage.

2. Upon tentative approval by City and delivery by City to Property Owner of a written cost estimate and connection analysis, the Property Owner shall submit payment for an application to LAFCO for approval of an Extraterritorial Service request (City will submit its evidence of consent to provide service as requested by LAFCO).

3. Upon receiving LAFCO approval, submit a standard City application for connection to the City Wastewater Service and pay all standard fees and costs associated with such
applications and pay any special costs as estimated by the City Engineer and City Director of City Services & Planning that will be incurred by the City in connection with connecting
Wastewater Services outside the City Limits, including without limitation any and all City costs in connection with construction inspection and plan review for purposes of granting approvals.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LINDSAY
RESOLUTION NO. 24-32

4. Approve the written statement (City Statement) prepared by City staff showing the exact costs to be paid and the timing of payment and approve the Point of Service and any other
technical details required to affect the Wastewater Services Connection.

5. Property Owner obtaining, at Property Owner's sole cost and expense, any and all permits and approvals required for the Wastewater Services connection by any governmental or
quasi-governmental or utility entity and complying with any and all (if any) environmental reviews including without limitation those pertaining to the California Environmental Quality Act (CEQA). Such efforts will be at Property Owner's sole cost and expense.

SECITON 3. The City of Lindsay City Council directs that the Director of City Services & Planning or his/her designee to transmit this resolution to the Local Agency Formation Commission of Tulare County and the City of Lindsay City Councils' request that the Local Agency Formation Commission of Tulare County take the necessary actions for the approval of this Extraterritorial Services Agreement in the manner provided by the Cortese-Knox Hertzberg Local Government Reorganization Act of 2000.

SECTION 4. The Mayor, or pending officer, is hereby authorized to affix their signature to the Resolution signifying its adoption by the City Council of the City of Lindsay, and the City Clerk, or their duly appointed deputy, is directed to attest them.

SECTION 5. The City Manager, is hereby authorized to affix their signature to execute the Extraterritorial Sewer Service Agreement once all requirements are met.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LINDSAY
RESOLUTION NO. 24-32

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

MEETING DATE September 10, 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. _____________________________________
Ramiro Serna, Mayor

CERTIFICATE OF ATTESTING OFFICER
The undersigned, Maegan Peton, City Clerk of the City of Lindsay does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Lindsay which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date thereof.

ATTEST: _____________________________________
Maegan Peton, City Clerk

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: September 10, 2024
DEPARTMENT: Recreation, Wellness, & Aquatic Center
FROM: Armando da Silva, Director of Recreation Services AGENDA TITLE: Award a Contract to American Ramp Company of Joplin, MO for Construction of the Lindsay City Park Skatepark Project

ACTION & RECOMMENDATION
Award and authorize the Mayor to sign a contract with American Ramp Company of Joplin, MO, in the amount of $147,334.50 for the construction of the Lindsay City Park Skatepark Project; and authorize a contingency amount of $14,733 (10%) for potential unforeseen conditions.

BACKGROUND | ANALYSIS
The City is committed to offering a welcoming environment for its residents to engage in recreational activities, stay healthy, and participate in programs that support their personal goals. The city's initial skatepark was inaugurated in January 2009, located at the former McDermont Field House, serving as a central location for recreational activities. In June 2013, the city was granted a refund from a settlement that supported the relocation of the indoor ramps to City Park. Over time, these wooden ramps have withstood the impact of various weather conditions, everyday use, and the passage of time. The existing wooden ramps will be taken down and substituted with new steel ramps, featuring a redesigned skatepark layout.

The Lindsay Skatepark Project involves the following:
• Project Kickoff Meeting
• Community Engagement Workshop
• Final Design Approval
• Manufacturing
• Installation
• Project Completion
Advertising and Proposal Process:

Staff advertised the project as follows:

1. Staff disseminated the Request for Proposal (RFP) Skate Park 2024-06 on August 8, 2024, via email to the Builders Exchanges, City of Lindsay website, and all City of Linsday social media platforms.

As of the August 22, 2024, submittal deadline, the City received two (2) proposals which have been acknowledged and detailed in the table below:

No. Contractor Total Amount
1 American Ramp Company
601McKinley Avenue, Joplin, MO 64801 $ 147,334.50
2 Ramirez Custom Concrete, Inc.
1018 West Teapot Dome Ave, Space J, Porterville, CA 93257 $ 245,000.00 Item #: 12.3
Action Items

FISCAL IMPACT
Budget: $185,000.00
Contract Amount: $147,334.50
Fund: Housing & Community Development (HCD) Funds

ATTACHMENTS

1. Skate Park Request for Proposals 2024-06

2. American Ramp Company - Project Contract
Reviewed/Approved: ______
City of Lindsay
Recrea�on Services Department 860 North Sequoia Avenue, Lindsay, CA 93247 559.562.5196 August 19, 2024
Skate Park – Revision
Addendum/Clarifica�on No. 2
The following addi�ons and/or correc�ons shall become part of the Specifica�ons for the subject project:

1. Ques�on/Clarifica�on.
a. Ques�on: The RFP for the Skatepark only men�ons concrete ramps. Is the City of Lindsay willing to consider gauge steel ramps as well?
Answer: Yes, the City of Lindsay would consider steel ramps. b. Ques�on: Will the city accept an online submital?
Answer: Yes, the City of Lindsay will accept an online submital. c. Ques�on: Would the City of Lindsay accept custom (non-modular) products or pouredin-place concrete? Answer: The City of Lindsay would accept custom (non-modular) products or poured-inplace concrete.

2. Use Specifications Rev. 8.19.24
a. Project Name has been updated to “Concrete or Gauge Steel Design Build Skatepark Project.”
b. EXHIBIT A. SCOPE OF WORK Pages 17 through 24 have been updated c. The word “Sealed” has been removed from the RFP. Page 1 d. Time of Comple�on has been updated to 90 calendar days. Page 5 e. Removal of rendering image of Skatepark. Page 24
This completes the items included in this Addendum/Clarifica�on No. 2 for the City of Lindsay, Skate Park – Revision. This Addendum cover page shall be signed and submited with the bid proposal.

Contractor Date

CITY OF LINDSAY

CALIFORNIA
Notice to Bidders
Proposals for the Concrete or Gauge Steel Design Build Skatepark Project will be received at the office of the City Clerk, 251 E. Honolulu Street, Lindsay, CA 93247, or via E-mail at [email protected] until 3:00 p.m., on Thursday, August 22, 2024.

If there are any questions, please direct them to:

Armando da Silva, Recreation Director
City of Lindsay
860 N. Sequoia Ave.

Lindsay, CA 93247
559-562-5196
An executed copy of the contract and purchase order will be issued to the successful bidder that shall constitute acceptance of the Bidders Proposal.

A “non-mandatory” pre-bid walk will be on Thursday, August 15, 2024, at 9 AM at the Lindsay Skate Park located at City Park, 850 N Elmwood Ave, Lindsay, CA 93247.

Each proposalshall be addressed to City Clerk, 251 E. HONOLULU STREET, LINDSAY, CA 93247, or Via Emailed to [email protected], be endorsed with the name of the bidder, and be plainly marked “Concrete or Gauge Steel Skatepark Project.”
The City reserves the right to reject any or all proposals.

CITY OF LINDSAY
Contract For Concrete or Gauge Steel Design Build
Skatepark Project
This contract is made by and between the City of Lindsay, A Municipal Corporation (“City”), and (“Contractor”).

The undersigned hereby agreesto complete the design and construction of a 50’ x 79’ Concrete or Gauge Steel Skatepark. The current facility consists of a concrete slab with prefabricated features mounted to the slab’s surface. The skatepark features and obstacles have exceeded their useful life and need to be removed to prepare the site for the new skatepark.

The project shall also be installed to meet the following criteria and the Scope of Work attached as Exhibit “A”:

1. Prevailing Wage Requirement
In accordance with the provisions of Section 1770 to 1780 of the Labor Code, the City of Lindsay has ascertained that the general prevailing rate of per diem wages applicable to the work to be done is contained in the wage schedule of the General Prevailing Wage Determinations made by the State of California Director of Industrial Relations. A copy of said schedule is now on file in the office of the City Engineer and by reference incorporated herein as if set out in full.

The Contractor to whom the contract is awarded shall pay not less than the specified wages to all workmen employed in the execution of the contract.

The Contractor agrees to comply with Sections 1810-1817 of the Labor Code prohibiting employment for over eight (8) hours in any one day or forty (40) hours in one week unless compensated at the rate of 1½ times the basic rate of pay (LC 1815).

2. Insurance Requirements
a. Contractor shall procure and maintain for the duration of this contract insurance covering claims for injuries to persons and damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representative, employees, or subcontractors. Contractor will maintain the following coverage, and coverage shall be at least as broad as:
(1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with limits of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be TWO MILLION AND NO/100 DOLLARS ($2,000,000), twice the required occurrence limit.
(2) Automobile Liability: ISO Form Number CA 0001 covering any auto (Code 1), with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury and property damage. Workers’ Compensation: asrequired by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no lessthan ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury or disease.

If Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Contractor.

Contractor’s insurance policies shall be “occurrence” policies and not “claims-made” coverage.

Contractor may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Contractor shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this subsection a.; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements. b. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Alternatively, the City may require Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention. c. The policies are to contain, or be endorsed to contain, the following provisions:
(1) The City and its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations; products used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
(2) For any claims related to this contract, Contractor’s insurance coverage shall be primary insurance as respects the City and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City and/or its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall be non-contributory. (3) Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
d. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.

Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
e. Contractor hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of Contractor may acquire against the City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Contractor agreesto obtain endorsements necessary to effect this waiver ofsubrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
f. The City reserves the right to modify the insurance requirements contained in this contract, including, without limitation, coverage limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

3. City Indemnification
Contractor agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorney’s fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or anyway related to Contractor or its employees, agents and subcontractor’s willful or negligent acts or omissions in the performance of the services and Contractor’s responsibilities and obligations to be performed under this agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this agreement.

This indemnification shall survive the termination of this agreement.

4. Cost of Services
Contractor shall complete all work as identified in this bid proposal for the lump sum price of $ .

The Contractor shall once each month prepare an estimate (on forms furnished by the Engineer) of the total amount of work done and acceptable materials on hand (materials furnished and delivered by the Contractor on the ground and not used). The Engineer shall review the Contractor's monthly estimate for compliance with the provisions of the contract. Upon the Engineer's approval of the Contractor's monthly estimate, the City of Lindsay shall retain 5% of such estimated value of the work done and materials on hand and shall monthly pay to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No such estimate or payment shall be required to be made, when in the judgment of the Engineer, the work is not the total value of the work done since the last estimate amounts to less than five hundred dollars ($500).

Contractor shall provide a schedule of values that identifies each phase of the design and construction of the project and will be the basis for any progress payments made during the contract period.

5. Time of Completion
The Contractor shall complete all work as identified in this bid proposal in no more than 90 calendar days from the issuance by the City of a Notice to Proceed, which will occur immediately after this bid contract has been signed by both parties.

If work is not completed in specified time frame and no approved change orders extending contract time have been approved, the Contractor shall pay the sum of $250.00 per day beyond the contract completion time in the form of liquidated damages.

Contractor shall comply with all applicable laws, rules, regulations and ordinances in its performance of this contract.

6. Compliance with Laws
Contractor shall use the proper standard of care in performing the services and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations. In addition, if the request for proposal to provide professional services which are the subject of this contract cited any federal or state financial assistance involved in the project for which the services are provided, the Contractor shall perform all services in accordance with all applicable federal and state laws, rates and regulations.

7. Licenses
Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to lawfully and competently perform the services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect, or obtain at all times during the term of this contract, any licenses, permits, insurance and approvals which are legally required of Contractor to lawfully and competently perform the services. Contractor shall maintain a City of Lindsay business license.

8. Assignment and Subcontracting
The parties recognize that a substantial inducement to City for entering into this contract is the reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this contract will be permitted only with the express consent of the City, which consent may be withheld in the sole and absolute discretion of City. Contractor shall not subcontract any portion of the services to be performed under this contract without the written consent of the City, which consent may be withheld in the sole and absolute discretion of City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of the subcontractor.

Nothing in this contract shall: (1) create any contractual relationship between City and subcontractor; (2) create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor; or (3) relieve Contractor of any of its obligations and responsibilities under this contract.

9. Attorney’s Fees
If an action at law or in equity is necessary to enforce or interpret the terms of this contract, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements, in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this contract or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court in the County of Kings, State of California for any proceeding arising hereunder.

10. Sole and Only Contract
This contract supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this contract, and no other agreement, statement or promise shall be valid or binding.

11. Invalidity
If any provision of this contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

12. Amendment
No change, amendment or modification of this contract shall be valid unless the same be in writing and signed by the parties hereto.

13. Governing Law
This contract shall be construed and governed pursuant to the laws of the State of California.

14. Waiver
Waiver of a breach or default under this contract shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this contract.

15. Authority to Enter Contract
Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the contract. Each party warrants that the individuals who have signed this contract have the legal power, right and authority to make this contract and to bind each respective party.

16. Notice
Except as otherwise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or email if receipt is acknowledged by the addressee, one business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the address identified below.

17. Existing Conditions
The contractoristo have visited the premises and considered all conditionsthat might affect the work in undertaking the work underthis contract.No consideration will be given to any claims based on a lack of knowledge of existing conditions. The pre-bid walk is on Thursday, August 15, 2024, at 9 AM.

IN WITNESS WHEREOF, this Contract is executed by the duly authorized agent(s) of the City and by the Contractor on the date set before the name of each.

CITY OF LINDSAY
By:

Mayor
(City Seal)
Attest:

City Clerk
City of Lindsay
Contractor
(Corporate Seal) By:

Title
Approved as to Form:

City Attorney for City of Lindsay
Authorized Signatures for Corporate Contractors
The undersigned certifies that they are authorized to execute documents on behalf of the corporation:

President Date
Secretary Date
(Corporate Seal)
Treasurer Date
CONTRACTOR’S/SUBCONTRACTOR’S CERTIFICATION

CONCERNING STATE LABOR STANDARDS
All contractors and subcontractors shall give the following certifications to the grantee and forward this certification to the grantee within ten days after the execution of any contract or subcontract.

A. “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
B. “It is further agreed that, except as may be provided in Section 1815 of the California Labor Code, the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the subcontractor shall forfeit, as a penalty, twenty-five dollars ($25.00) for each worker employed in the execution of the subcontract for each calendar day during which a worker is required or permitted to labor more than 8 hours in any calendar day or more than 40 hours in any calendar week.” Contractor/Subcontractor
By:

Typed Name and Title

CERTIFICATION OF NONSEGREGATED FACILITIES
The Contractor certifies that he does not nor will not maintain or provide for his employees any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained.

As used in this certification, the term "segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom or otherwise.

We further agree that (except where we have obtained identical certifications from proposed sub consultants for specific time periods) we will obtain identical certifications from proposed sub consultants prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that we will retain such certification in our files; and that we will forward the following notice to such proposed sub consultants (except where the proposed sub consultants have submitted identical certifications for specific time periods).

We understand and agree that breach of this certification is a violation of Equal Opportunity clause required by Executive Order 11246, amended.

NOTE: Whoever knowingly and willfully makes any false, fictitious or fraudulent representation may be liable to criminal prosecution under 18 U.S.C. 1001.

Signature
By:

Title

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, hereinafter referred to as “Contractor”, as Principal, and as Surety, are held firmly bound unto the City of
Lindsay in the sum of ($ ), lawful money of
the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that:

WHEREAS, said Contractor has been awarded and is about to enter a Contract with the City of Lindsay for furnishing all materials, equipment and labor and in the constructing of City of Lindsay, Concrete or Gauge Steel Design Build Skatepark Project for said City and is required by said City to give this bond in connection with the execution of said Contract:

NOW, THEREFORE, if the said Contractor shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect:

PROVIDED, that any alternations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either the Contractor or the Surety thereunder, nor shall the extension of time granted under the provisions of said contract release either the Contractor or the Surety, and notice of such alternations or extensions of the Contract is hereby waived by the Surety.

WITNESS our hands this day of , 20 .
(Corporate Seal) Contractor/Principal
By:

Title
(Corporate Seal)
Surety
By:

Title
Approved as to Form:

City Attorney for City of Lindsay

BOND FOR MATERIALS AND LABOR
KNOW ALL MEN BY THESE PRESENTS:

That we, hereinafter referred to as “Contractor”, as Principal, and as Surety, are held firmly bound unto the City of
Lindsay in the sum of ($ ), lawful money of
the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that:

WHEREAS, said Contractor has been awarded and is about to enter a Contract with the City of Lindsay for furnishing all materials, equipment and labor and in the constructing of City of Lindsay, Concrete or Gauge Steel Design Build Skatepark for said City and is required by said City to give this bond in connection with the execution of said Contract:

NOW, THEREFORE, if the said Principal as Contractor in said contract, or its, his or their subcontractors fails to pay for any materials, provisions, provider or other supplies, or teams, used in, upon, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same, in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the Court. This bond shall inure to the benefit of any and all persons entitled to file claims as under Section 1192.1 of the Code of Civil Procedure of the State of California.

PROVIDED, that any alternations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either the Contractor or the Surety thereunder, nor shall the extension of time granted under the provisions of said contract release either the Contractor or the Surety, and notice of such alternations or extensions of the Contract is hereby waived by the Surety.

WITNESS our hands this day of , 20 .
(Corporate Seal)
Contractor/Principal
By:

Title
(Corporate Seal)
Surety
By:

Title
Approved as to Form:

City Attorney for City of Lindsay
CERTIFICATE OF OWNER’S ATTORNEY
I, the undersigned, the duly authorized and acting
(Please Type)
legal representative of City of Lindsay, do hereby certify as follows:

I have examined the attached CONTRACT(s), Performance and Payment BONDS and insurance certificates and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions, and provisions thereof. I also am of the opinion that the CONTRACTOR’s insurance coverage complies with the requirements of the CONTRACT.
(Attorney’s Signature)
DATE:

CONTRACTOR INFORMATION:

Firm Name
Note: In addition, place name on each Bid Sheet where space is provided Address
Email
Telephone ( ) Fax ( )
Contractor’s License Number
Contractor’s License Expiration Date
Contractor's License Classification(s)
Contractor's California DIR Number
I HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE ABOVE STATEMENTS ARE TRUE.

BID AND CERTIFICATION SUBMITTED
DATE

SIGNATURE

AUTHORIZED REPRESENTATIVE

PRINTOF TYPE NAME
TITLE

SUBMIT THIS SHEET WITH YOUR BID

DESIGNATION OF SUBCONTRACTORS
In accordance with the Public Contract Code, Part 1, Chapter 4, Subletting and Subcontracting, biddersmust list the names and location of places of business of all subcontractors who will perform work orlabor orrenderservice to the bidderin an amount in excess of one-half of one percent (0.5%) of the total bid. Referto Section 2-8 of the Standard Construction Specifications.

The apparent low biddermustsubmit a listing of license numbersfor allsubcontractors within three days, not counting Saturdays, Sundays, and holidays, of bid opening. If the low bidderis notthe apparent low bidder,the apparent low biddershallsubmit the license numbers of all listed subcontractors to the Agency within three days not counting Saturdays, Sundays, and holidays, ofthe date notified.

If the percentage of the work is not filled out, it will be assumed that the sub isresponsible for 100% of the line itemsrelated to histrades work.

PERCENT

PERFORMED/TYPE

OF WORK
SUBCONTRACTOR’S
NAME

BUSINESS LOCATION

CITY, STATE
(USE ADDITIONAL SHEETS IF NECESSARY)

SUBMIT THIS SHEET WITH YOUR BID

EXHIBIT A SCOPE OF
WORK

CONCRETE OR GAUGE STEEL DESIGN BUILD SKATEPARK

1.01 GENERAL

1.01.01 GENERAL DESCRIPTION
A. Ability to complete the design and construction of a prefab / precast or custom (non-modular) poured-in-place concrete with custom-built elements or gauge steel skatepark.

1.01.02 RELATED SECTIONS
A. References
A. The Skatepark Project (TSP)
B. Public Skatepark Development Guide
C. American Concrete Institute (ACI)
D. National Ready Mixed Concrete Association (NRMCA)

1.01.03 CONCRETE FINISH REQUIREMENTS
A. Concrete finish and smoothness is of the utmost importance.

1.01.04 CONCRETE STANDARDS AND REQUIREMENTS
A. Coping and steel edging must be cleaned, primed, and painted correctly.

B. Ramps shall be extremely strong and smooth. Each ramp shall withstand thousands of pounds of force.

C. At no point shall standard “flat” concrete be less than 5” thick.

D. At no point shall ramp or bank concrete be less than 6” thick.

E. No concrete shall have a comprehensive strength less than 4000 psi unless otherwise noted on plan or allowed by City.

F. No concrete shall have an aggregate smaller than 3/8” G. Steel coping shall be anchored by welded steel anchors. Rebar is NOT considered a steel anchor. All anchors shall be at minimum cold rolled black steel rod or bolts.

H. Steel coping anchors shall never be placed within 2” of surface of concrete to avoid cracking and rust broadcast.

I. Concrete shall have a 1/8” radius tooled edge in any instance where it comes in contact with steel edging.

J. Vertical 1 / 4” steel plate is excepted from above requirement.

K. The contractor shall provide the inspector, upon request, an estimate of the volume of each product to be used on the site.

L. The installer shall be a certified of the specified system.

M. The manufacturer’s representative shall be available to help resolve material questions.

1.01.05 STEEL STANDARDS AND REQUIREMENTS
A. Galvanized Steel: All steel components must be galvanized (many components receive powdercoat paint after fabrication). Black steel or Pickled and Oiled steel are not acceptable. A zinc-rich epoxy primer may not be used in lieu of galvanized steel. This requirement ensures maximum corrosion protection (ASTM A653).

B. Modular: Equipment must be able to easily bolt together on all sides with the ability to expand widths and lengths by bolting in additional sections. Ramp sections that are dropped into place and not easily expandable to various widths will not be considered. This requirement allows the city to expand with additional phases in a seamless fashion.

C. Fastener Free Riding Surface: Riding surface must be at least 7-gauge galvanized steel. No screw/bolt heads on any riding surface will be accepted; toe anchors may be used for installs on unlevel surfaces. This requirement ensures a safe riding experience, less maintenance, longevity of the equipment and the utilization of the highest quality materials/systems that are available.

All compound curvature surfaces shall be composed of a laminated composite material.

D. Coping: Must be fabricated from schedule 40 pipe and be hot dip galvanized. Must bolt from the underside with bolts into a laser cut cradle for perfect coping “bump” every time. Must be one continuous piece per width of entire completed obstacle. Coping with sleeved inserts or any coping system that is not one solid piece per width of entire completed obstacle and of lighter gauge steel will not be acceptable. Visible holes in coping will not be acceptable. This requirement ensures coping that cannot be tampered with as well as guarantee the compliance with ASTM requirements on coping reveal (F 2334-9:5.4.1).

E. Transition Plate: No separate transition plate will be acceptable. Riding surface shall come all the way to the ground. This requirement ensures that no horizontal seam running perpendicular to the skate flow can be used.

F. Grind Rails: All grind rails must have capped ends welded in place prior to being hot-dipped galvanized. This requirement ensures plastic end caps (which can easily be removed) or unsightly onsite welded end caps will not be used.

G. Guard Rails: Must be hot-dipped vertical baluster design and comply with ASTM F 2334 – 09:5.1 H. Enclosures: Must be solid galvanized 13-gauge steel with textured powder coat finish. No expanded metal, wire mesh, or poly will be acceptable because of their susceptibility to be

structurally vandalized.

I. Laser Cut Precision: Ribs, framing, legs, platform guards, enclosures must be cut with laser precision (1/1,000” tolerance) from 7GA steel to ensure accuracy. Straight and rolled tubing will not be acceptable because of its inability to hold tight tolerances like laser cut components.

J. Steel Frame: Framing of the equipment must be galvanized steel and cut from solid 3/16” steel on laser for precision and accuracy. Square tubing, bar, or wood frame will not be acceptable due to their inability to hold tight tolerances.

K. Gripped Riding Surface: Must be powder-coated with a textured UV stabilized TGIC wrinkle powder-coat. Surfaces other than textured powder-coated steel will not be considered. This requirement ensures that a typical wet paint may not be used because once the ramps get moisture on them from either condensation or rain; they will be very dangerous because of how slick they become.

L. Substrate: Steel frame and 3/16” steel sheet welded to frame prior to being powder coated will act as substrate and riding surface and carry a 20-year warranty. No poly or other material will be acceptable. This requirement is to ensure that the County gets the longest lasting and most maintenance free ramp available.

M. Steel Edging/Protection: All sides of equipment must be steel.

N. Powder-coat: Equipment must be coated with UV stabilized TGIC wrinkle texture powder-coat.

Power Coat Paint must possess the following Performance Characteristics:

Property Test Method Calculated Results
Specific Gravity Calculated 1.2-1.7
Gloss (60 degrees) ASTM D 523 20-100 units
Direct Impact Resistance ASTM D 2794 Up to 160in-lbs
Flexibility ASTM D 522, Method B 1/8” mandrel
Pencil Hardness ASTM D 3363 H-3H
Crosshatch Adhesion ASTM D 3359, Method B 5B
Salt Spray Resistance ASTM B 117 1,000 + hours
Humidity Resistance ASTM D 2247 1,000 + hours

STEEL TECHNICAL SPECIFICATIONS
O. All decks and riding surfaces shall be 7GA (~3/16”) galvanized steel sheet, which has been rolled to the correct radius prior to ramp fabrication to ensure a smooth transition where applicable.

Material shall conform to ASTM A1011/A568 standards.

P. All steel sheets shall be galvannealed to limit mill scale and thus improve powder coat adhesion.

Material shall conform to ASTM A653 standards.

Q. Steel surface shall be welded to the framework from the underside.

R. The steel riding surface itself shall serve as the threshold transition.

S. No Skatelite™, Ramp Armor™, or other finish layer will be accepted.

T. Riding surfaces on the same plane shall be continuous and of the same material (ASTM F 2334- 09-5.3)
U. The elevation reveal on riding surface joints shall not exceed 0.188”. Horizontal gaps between riding surfaces shall not exceed 0.188” (ASTM F 2334-09-5.5).

V. Coping shall be full schedule 40 pipe which bolts in from underside and shall protrude 0.25” +/-

0.125” above the riding surface (ASTM F 2334-09-5.4)
W. Coping shall be hot dip galvanized after fabrication. Shall conform to ASTM A123 standards.

X. Enclosures shall be 13-gauge laser cut galvanneal steel sheets to match hole pattern of ribs and ramp profile for ease of installation. Material shall conform to ASTM A653 standards.

1.01.06 STEEL COMPOSITE
A. All compound curvature surfaces shall be composed of a laminated composite material.

B. Surface of composite material shall be color-matched to adjacent steel components.

C. Composite material shall consist of the following lamination schedule:
a. gel coat; wet application thickness of 18-24mil
b. spray-up chopped strand layer
c. hand-laid 0/90 woven mat layer
d. spray-up chopped strand layer
e. low-shrink isophthalic polyester resin shall be used in conjunction with all layers. Strandto-resin ratio shall be a minimum of 30-35%.

D. Minimum composite part finished thickness shall be 3/8”.

1.01.07 FINISHES: TGIC POWDER COAT
A. All surfaces, framework, coping, safety panels and enclosures shall undergo a 7- stage cleaning and preparation process to ensure powder coating adhesion.

B. All surfaces, framework, coping, safety panels and enclosures shall be coated to 2- 3 mil thickness of TGIC powder coat. All riding surfaces shall contain additive to achieve grippy riding surface known as MaxGrip™.

C. Typical Performance Characteristics of Powder Coat Paint:

Property Test Method Results
Specific Gravity Calculated 1.2-1.7
Gloss (60degrees) ASTM D 523 20-100 units
Direct Impact Resistance ASTM D 2794 Up to 160in.-lbs
Flexibility ASTM D 522, Method B 1/8” mandrel
Pencil Hardness ASTM D 3363 H-3H
Crosshatch Adhesion ASTM D 3359, Method B 5B
Salt Spray Resistance ASTM B 117 1,000 + hours
Humidity Resistance ASTM D 2247 1,000 + hours

1.01.08 STEEL FRAMEWORK
A. Material shall conform to ASTM A1011/A653 standards
B. Framing under all transitions and wedge ramps shall be 7GA X 2” laser cut galvanneal steel.

C. All radius framing and support pieces shall be precision laser cut from 7GA galvanneal steel to ensure accuracy – rolled flat bar is not acceptable. Material shall conform to ASTM A653.

D. All framing for platform bases, platform tops, and legs shall be constructed of formed 10-gauge galvanneal steel. Material shall conform to ASTM A653.

E. All pieces shall bolt together every 12” to ensure a uniform seam.

F. All decks shall be 4’ deep unless otherwise specified.

G. All bank ramps shall have a radius at the bottom to ensure a smooth transition.

1.01.09 SAFETY RAILING
Specifier Notes: An elevated surface is exempt from these recommendations if a safety rail would interfere with the intended use per ASTM F 2334-09
A. Material shall conform to ASTM A1011/A568 standards (see specs under “Steel” heading)
B. The safety railings shall be of a vertical baluster design.

C. The safety railings shall be hot dip galvanized after fabrication. Material shall conform to ASTM A123.

D. Safety railings shall be a minimum of 42” in height and prevent passage of a sphere equal to or greater than 4”outside diameter (ASTM F 2334-09-5.1.1)

1.01.10 SUBMITTALS
A. The estimated duration of the project is separated into design and construction phases.

Manufacturer’s Project References: Submit manufacturer’s list of successfully completed concrete or gauge steel design build skatepark projects, including project name, location, and date of application.

B. Installer’s Project References: Submit manufacturer’s list of successfully completed concrete or gauge steel design build skatepark projects, including project name, location, and date of application.

C. Warranty Documentation: Submit manufacturer’s standard warranty.

D. Product substitution: If other than the product specified, the contractor shall submit at least 7 days prior to the bid date a complete type written list of proposed substitutions with sufficient data, drawings, samples and literature to demonstrate to the owners satisfaction that the proposed substitution is of equal quality and utility to that originally specified.

Information must include a test of at least 1000 hours stability of the concrete or gauge steel ramps. Under no circumstances will systems from multiple manufacturers be considered.

1.01.11 GUARANTEE & WARRANTY
A. Provide a guarantee against defects in the materials and workmanship for a period of one year from the date of substantial completion.

B. Contactor shall accept warranty items as follows;
A. Contractor shall warrant that the product shall be free from hydration cracking on each piece of product for the entire duration of the construction project.

B. Cracks in excess of 1 / 4-inch shall be warranted for 1 year.

C. All steel edging shall be warranted against becoming loose for a period of 1 year.

D. All concrete surfaces shall be warranted against spalling or scaling for a period of 1 year.

E. Concrete under or adjacent to steel edging or coping shall be free from voids, chipping, and / or failure for a period of 1 year.

1.01.12 INSTALLER QUALIFICATIONS
Installershall be regularly engaged in construction and installation of prefab / precast or custom (non-modular) poured-in-place concrete with custom-built elements or gauge steel skatepark materials. A minimum of five similar projects shall be identified in the proposal as a reference.

1.01.13 MANUFACTURER QUALIFICATIONS
A. 3 years of continuous operation under current corporate or entity name.

B. The manufacturer shall be a US owned company.

C. Experienced skatepark builders who skate will understand standards, know if standards are up to date, or if practices should be held to a higher standard.

1.02 PRODUCT

1.02.01 CONCRETE OR STEEL MATERIALS
A. Prefab / precast or custom (non-modular) poured-in-place concrete with custom-built elements or gauge steel Skate Ramps
B. Ramps shall be built using high-strength concrete with fiberglass reinforcement GAUGE STEEL C. The fiberglass reinforcement will never rust or spall (break) the concrete.

1.02.02 WEATHER LIMITATIONS
A. Do not install when rainfall is imminent or extremely high humidity prevents drying.

NO WORK FROM THIS STAGE ON SHALL COMMENCE UNTIL AN INSPECTOR HAS ACCEPTED THE RAMPS.

1.01.01 CLEAN UP
A. Remove all containers, surplus materials and debris. Dispose of materialsin accordance with local, State and Federal regulations.

B. Leave site in a clean and orderly condition.

C. The re-erection of all fencing removed to provide access for equipment, and/or fencing adjusted for clearance as required, shall conform to the standards of the trade. Any fence fastenings, parts etc. damaged in the removal work shall be replaced with new material.

GUARD RAILING REQUIREMENTS
The Contractor shall provide and install 42” height guard railing with sphere opening of 4” max on to the top backs and top sides of ramps per the 2022 California Building Code, Section 1015 GUARDS, 1015.2, where required. Guards shall be located along open sided walking, surfaces, including mezzanines, equipment platforms, aisles, stairs, ramps and landing that are located more than 30 inches (762 mm) measured vertically to the floor or grade below at any point within 36 inches (914 mm) horizontally to the edge of the open side. Guards shall be adequate In strength and attachment in accordance with 2022 California Building Code, Section 1607.9.

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: September 10, 2024
DEPARTMENT: Finance
FROM: Lacy Meneses, Director of Finance
AGENDA TITLE: 2024/2025 General Fund Budget Amendment

ACTION & RECOMMENDATION
Approve the City of Lindsay 2024/2025 General Fund Budget Amendment.

BACKGROUND | ANALYSIS
The City of Lindsay City Council had approved the 2024/2025 City Budget on June 25, 2024, with the understanding that the budget would be further evaluated, and significant revisions would be brought back to Council for approval.

The City is having to address deficiencies that have been identified in both the annual audit as well as the previous state audit. Therefore significant budget revisions are being made to address audit findings and maintain solvency
The general fund budget for 2024/2025 has been revised from $9.6 million to $7.6 million. $640,583 of the budget revision is a direct reflects the transfer of HCD funds into a segregated fund, as mandated by HCD, along with additional adjustments made through departmental meetings and staff collaborations.

Staff will continue working on the remaining areas of the budget to make further adjustments. As this work progresses, additional budget amendments will be brought back to Council for consideration.

FISCAL IMPACT
All budget and CIP project values are based upon the best available data. Updates to the budget will be presented on a quarterly basis to Council and the public.

ATTACHMENTS

1. General Fund Budget Amendment
Reviewed/Approved: ______
Item #: 12.4
Action Items
101 GENERAL FUND

REVENUES
KEY FUND/DEPT FUND/DEPT TITLE ACCOUNT ACCOUNT TITLE 2024 ACTUALS ORIGINAL BUDGET REVISED BUDGET 101300009 101 GENERAL FUND 300009 DONATIONS $ 0.58 $ - $ - 101300017 101 GENERAL FUND 300017 HRPP GRANT - STATE HCD $ - $ - $ - 101300101 101 GENERAL FUND 300101 RECREATION FUND RAISER $ - $ - $ - 101300102 101 GENERAL FUND 300102 CARES UI CREDIT $ - $ - $ - 101300104 101 GENERAL FUND 300104 SPECIAL EVENT REVENUE $ 1,140.00 $ - $ - 101300106 101 GENERAL FUND 300106 CARES $ - $ - $ -
101301010 101 GENERAL FUND 301010 PROPERTY TAX REVENUE $ 369,994.78 $ 385,000.00 $ 385,000.00 101301011 101 GENERAL FUND 301011 COUNTY PRP TAX ERAF S&U $ - $ - $ - 101302020 101 GENERAL FUND 302020 CURRENT UNSECURED $ 24,562.96 $ 25,500.00 $ 25,500.00 101305011 101 GENERAL FUND 305011 OTHER REVENUES $ 1,269.00 $ - $ - 101305050 101 GENERAL FUND 305050 INTEREST & PENALTIES $ 4,274.48 $ 3,000.00 $ 3,000.00 101307070 101 GENERAL FUND 307070 TAX RELIEF SUBVENTION $ 1,010.36 $ 2,000.00 $ 2,000.00 101308008 101 GENERAL FUND 308008 OTHER PROPERTY TAXES $ - $ - $ - 101308080 101 GENERAL FUND 308080 OTHER PRTX/ABX126 PASTHRU $ 298,741.00 $ 275,000.00 $ 275,000.00 101308180 101 GENERAL FUND 308180 ABX126 RESIDUAL $ - $ - $ - 101309090 101 GENERAL FUND 309090 UTILITY USER TAX $ 908,646.58 $ 1,129,250.00 $ 1,129,250.00 101310002 101 GENERAL FUND 310002 RECREATION FIELD RENTALS $ 14,213.00 $ 12,000.00 $ 12,000.00 101311010 101 GENERAL FUND 311010 SALES & USE $ 1,189,740.77 $ 1,559,000.00 $ 1,559,000.00 101311020 101 GENERAL FUND 311020 RETAIL CANNABIS TAX $ 142,845.46 $ 250,000.00 $ 250,000.00 101311030 101 GENERAL FUND 311030 NON-RETAIL CANNABIS TAX $ - $ - $ - 101311999 101 GENERAL FUND 311999 MEASURE O $ 1,379,460.25 $ 1,637,000.00 $ 1,637,000.00 101312020 101 GENERAL FUND 312020 UTILITY COMPANY FRANCHISE $ 166,286.97 $ 145,000.00 $ 145,000.00 101313030 101 GENERAL FUND 313030 REAL PROPERTY TRANSFER $ 9,288.11 $ 7,500.00 $ 7,500.00 101315050 101 GENERAL FUND 315050 TRANSIENT OCCUPANCY TAX $ 75,371.37 $ 120,000.00 $ 120,000.00 101316059 101 GENERAL FUND 316059 BUS LICENSE AP REVIEW $ 11,318.00 $ 6,500.00 $ 6,500.00 101316060 101 GENERAL FUND 316060 BUSINESS LICENSE FEES $ 94,218.39 $ 90,000.00 $ 90,000.00 101316062 101 GENERAL FUND 316062 ARBOR RENTAL/MISC SRV $ 3,734.00 $ 3,000.00 $ 3,000.00 101320002 101 GENERAL FUND 320002 HEALTH PREM CONTRIBUTION $ 14,216.77 $ 8,000.00 $ 8,000.00 101322020 101 GENERAL FUND 322020 BICYCLE LICENSES $ - $ - $ - 101323030 101 GENERAL FUND 323030 DOG LICENSE - LINDSAY $ 95.00 $ 300.00 $ 300.00 101324040 101 GENERAL FUND 324040 BUILDING PERMITS $ 219,074.97 $ 200,000.00 $ 200,000.00 101330104 101 GENERAL FUND 330104 DOJ COPS-IN-SCHOOL $ - $ - $ - 101330105 101 GENERAL FUND 330105 DOJ VET-TO-COP GRANT $ - $ - $ - 101335060 101 GENERAL FUND 335060 MOTOR VEHICLE IN-LIEU TAX $ 15,683.70 $ 13,770.00 $ 13,770.00 101335061 101 GENERAL FUND 335061 COUNTY PRP TAX VLF $ 1,355,171.00 $ 1,323,550.00 $ 1,323,550.00 101335070 101 GENERAL FUND 335070 DUI LAB FEES $ 616.77 $ 1,000.00 $ 1,000.00 101335089 101 GENERAL FUND 335089 K-9 PROGRAM DONATIONS $ - $ - $ - 101335090 101 GENERAL FUND 335090 P.O.S.T. $ - $ - $ -
101337120 101 GENERAL FUND 337120 YOUTH SRVCES OFFICER-LUSD $ 125,295.67 $ 143,219.00 $ - CONTRACT CANCELLED 101340002 101 GENERAL FUND 340002 PARCEL MAP TENTATIVE $ 5,239.00 $ - $ - 101340003 101 GENERAL FUND 340003 LOT LINE ADJ REVIEW $ 8,074.00 $ - $ - 101340006 101 GENERAL FUND 340006 GEN PLAN REVIEW/REVISION $ 18,118.41 $ 5,000.00 $ 5,000.00 101340007 101 GENERAL FUND 340007 ZONE CHG/AMDMNT REVIEW $ 5,331.00 $ - $ - 101340008 101 GENERAL FUND 340008 SUB/DEV AGREEMT AMENDMENT $ 8,338.00 $ - $ - 101340010 101 GENERAL FUND 340010 ENVIRNMNTL IMPACT REVIEW $ 2,597.00 $ - $ - 101340011 101 GENERAL FUND 340011 HOME OCCUPATION PERMIT $ 1,306.00 $ - $ - 101340013 101 GENERAL FUND 340013 PARCEL MAP FINAL $ - $ - $ - 101340014 101 GENERAL FUND 340014 SUBDIV MAP TENTATIVE $ 8,148.00 $ - $ - 101340015 101 GENERAL FUND 340015 SUBDIV MAP FINAL $ - $ - $ - 101341010 101 GENERAL FUND 341010 PLANNING & ZONING FEES $ - $ 5,000.00 $ 5,000.00 101341020 101 GENERAL FUND 341020 PLAN CHECK FEES $ 30,085.21 $ 30,000.00 $ 30,000.00 101341025 101 GENERAL FUND 341025 PLANNED UNIT DEVELOPMENT $ 3,001.00 $ - $ - 101341030 101 GENERAL FUND 341030 ANNEXATION $ - $ - $ - 101341040 101 GENERAL FUND 341040 CONDITIONAL USE PERMITS $ 2,425.00 $ 1,500.00 $ 1,500.00 101341041 101 GENERAL FUND 341041 CANNABIS PERMIT $ 10,000.00 $ 10,000.00 $ 10,000.00 101341050 101 GENERAL FUND 341050 SITE PLAN REVIEWS $ 23,816.00 $ 3,000.00 $ 3,000.00 101341051 101 GENERAL FUND 341051 SIGN REVIEW $ - $ - $ - 101341060 101 GENERAL FUND 341060 VARIANCE FEES $ 2,425.00 $ - $ - 101341061 101 GENERAL FUND 341061 CITY SHARE-SB 1186 CASP $ 3,340.35 $ - $ - 101341070 101 GENERAL FUND 341070 MISC.C.S/FIRE INSPECTION $ 5,247.05 $ 6,000.00 $ 6,000.00 101342010 101 GENERAL FUND 342010 SPECIAL POLICE SERVICES $ - $ - $ - 101342020 101 GENERAL FUND 342020 SPECIAL FIRE SEVICES $ - $ 500.00 $ 500.00 101342030 101 GENERAL FUND 342030 ANIMAL CONTROL $ 1,004.00 $ 250.00 $ 250.00 101342040 101 GENERAL FUND 342040 WEED CLEANING & REMOVAL $ - $ - $ - 101342042 101 GENERAL FUND 342042 CANNABIS APPLICATION $ 1,000.00 $ - $ - 101342050 101 GENERAL FUND 342050 SALE OF SHOULDER PATCHES $ - $ - $ - 101342060 101 GENERAL FUND 342060 VEHICLE RELEASE $ 24,973.00 $ 12,000.00 $ 12,000.00 101342069 101 GENERAL FUND 342069 FINGERPRINTS $ 9,576.00 $ 6,000.00 $ 6,000.00 101342071 101 GENERAL FUND 342071 GANG REGISTRATION FEE $ 64.00 $ - $ - 101342072 101 GENERAL FUND 342072 POLICE FALSE ALARM RESPO. $ 150.00 $ - $ - 101342073 101 GENERAL FUND 342073 RECORDS CHECK/CLEARANCE $ - $ - $ - 101342074 101 GENERAL FUND 342074 POLICE REPORT COPY $ 951.00 $ - $ - 101342076 101 GENERAL FUND 342076 VEHICLE EQUIP. CORR. INSP $ 2,166.00 $ - $ - 101342079 101 GENERAL FUND 342079 FIRE REPORT COPY $ 104.00 $ - $ - 101345010 101 GENERAL FUND 345010 ENG DEV. INSP. IMP PLAN $ - $ - $ - 101345045 101 GENERAL FUND 345045 SPECIAL MEETING APPLICATI $ - $ - $ - 101345050 101 GENERAL FUND 345050 LEASE/RENT RECEIPTS $ - $ - $ - 101345060 101 GENERAL FUND 345060 SALE OF REAL PROPERTY $ - $ - $ - 101347050 101 GENERAL FUND 347050 FRIDAY NIGHT MARKET $ 86,250.00 $ 85,000.00 $ 85,000.00 101351010 101 GENERAL FUND 351010 PUBLIC SAFETY FINES/REVNU $ 10,836.82 $ 10,000.00 $ 10,000.00 101351020 101 GENERAL FUND 351020 SALES TAX - PROP 172 $ 74,589.27 $ 95,900.00 $ 95,900.00 101351030 101 GENERAL FUND 351030 TULARE COUNTY(SLESF)COPS $ 186,158.95 $ 170,000.00 $ 170,000.00 101354040 101 GENERAL FUND 354040 OTHER FINES & FORFEITS $ 4,000.00 $ 5,000.00 $ 5,000.00 101354050 101 GENERAL FUND 354050 D.U.I. - COST RECOVERY $ - $ - $ - 101354060 101 GENERAL FUND 354060 VEHICLE ABATEMENT $ 5,635.92 $ 3,000.00 $ 3,000.00 101354075 101 GENERAL FUND 354075 TRAFFIC ACCIDENT REPORT $ 6,015.00 $ 4,500.00 $ 4,500.00 101360010 101 GENERAL FUND 360010 INTEREST EARNINGS $ 80,241.86 $ - $ - 101360020 101 GENERAL FUND 360020 RENT- PERSONAL PROPERTY $ - $ - $ - 101360030 101 GENERAL FUND 360030 ASSET SEIZURE REVENUES $ - $ - $ - 101360110 101 GENERAL FUND 360110 EARNED BANK INTEREST $ 43,135.29 $ 30,000.00 $ 30,000.00 101363030 101 GENERAL FUND 363030 RENT,CITY FACILITY $ - $ - $ - 101363035 101 GENERAL FUND 363035 SMALL BUSINESS INCUBATOR $ - $ - $ - 101365050 101 GENERAL FUND 365050 SALE, SURPLUS PROPERTY $ - $ - $ - 101369060 101 GENERAL FUND 369060 CONVENIENCE FEES $ 6,039.60 $ - $ - 101369080 101 GENERAL FUND 369080 NOTARY FEES $ 45.00 $ - $ - 101369090 101 GENERAL FUND 369090 OTHER MISC REVENUES $ 6,275.96 $ 5,500.00 $ 5,500.00 101369091 101 GENERAL FUND 369091 VEHICLE SIGN OFF $ - $ - $ - 101369093 101 GENERAL FUND 369093 HOMELAND SECURITY GRANT $ - $ - $ - 101369200 101 GENERAL FUND 369200 MILITARY BANNER $ 2,375.00 $ - $ - 101369300 101 GENERAL FUND 369300 GRANT FUNDS RECEIVED $ 143,891.36 $ - $ - 101369304 101 GENERAL FUND 369304 AB109 PS MITIGATION GRANT $ - $ - $ - 101369400 101 GENERAL FUND 369400 REBATES/REFUND/REIMBURSMT $ 170,138.91 $ 115,000.00 $ 115,000.00 101369402 101 GENERAL FUND 369402 MANDATED COST REIMBRSEMNT $ - $ - $ - 101380185 101 GENERAL FUND 380185 OVER/SHORT $ 173.33 $ - $ - 101390100 101 GENERAL FUND 390100 TRANSFERS IN $ - $ - $ - TOTAL REVENUES $ 7,429,551.23 $ 7,942,739.00 $ 7,799,520.00

EXPENDITURES
KEY FUND/DEPT FUND/DEPT TITLE ACCOUNT ACCOUNT TITLE 2024 ACTUALS ORIGINAL BUDGET REVISED BUDGET 101033023 101 GENERAL FUND 033023 ESCROW EXP/CLOSING COSTS $ - $ - $ - 101069068 101 GENERAL FUND 069068 LAND PURCHASE $ - $ - $ - 101090200 101 GENERAL FUND 090200 TRANSFERS OUT $ - $ - $ - 101099002 101 GENERAL FUND 099002 WRITE-OFF - UNCOLLECTIBLE $ - $ - $ - 101099999 101 GENERAL FUND 099999 SPECIAL ITEM - HCD $ - $ - $ - 10140100240001014010 CITY COUNCIL 024000 SPECIAL DEPT SUPPLIES $ 2,979.27 $ 2,325.00 $ 2,325.00 10140100370021014010 CITY COUNCIL 037002 COUNCIL PUBLIC OUTREACH $ 8,070.52 $ 20,000.00 $ 8,000.00 10140100370051014010 CITY COUNCIL 037005 JPA DUES $ - $ 9,000.00 $ - 10140100370121014010 CITY COUNCIL 037012 STIPEND $ 15,900.00 $ 15,900.00 $ 15,900.00 10140100370301014010 CITY COUNCIL 037030 COMMUNITY EVENTS $ 50,015.65 $ 37,500.00 $ 37,500.00 10140100370501014010 CITY COUNCIL 037050 CONTINGENCY COSTS $ 4,189.95 $ 20,500.00 $ 4,100.00 10140100380021014010 CITY COUNCIL 038002 MEETINGS & TRAVEL $ 11,806.55 $ 15,000.00 $ 11,000.00 10140200220001014020 CITY CLERK / IT 022000 DEPART OPERATING SUPPLIES $ 333.68 $ 4,290.00 $ 2,500.00 10140200230151014020 CITY CLERK / IT 023015 SOFTWARE $ 158.89 $ - $ - 10140200310001014020 CITY CLERK / IT 031000 PROFESSIONAL SERVICES $ 83,694.24 $ 125,000.00 $ 125,000.00 10140300100001014030 HUMAN RESOURCES 010000 AD'L SALARY:SPECIAL PAYS $ 472.04 $ - $ - 10140300100011014030 HUMAN RESOURCES 010001 SALARIES - FULL TIME $ 13,892.94 $ - $ - 10140300100021014030 HUMAN RESOURCES 010002 SALARIES - PART TIME $ - $ - $ - 10140300100081014030 HUMAN RESOURCES 010008 TEMPS $ 7,456.12 $ - $ - 10140300150021014030 HUMAN RESOURCES 015002 FICA/MEDICARE CITY PAID $ 738.94 $ - $ - 10140300150041014030 HUMAN RESOURCES 015004 PERS - EPMC $ - $ - $ - 10140300150051014030 HUMAN RESOURCES 015005 PERS - EMPLOYER CONTRIBT $ 2,041.68 $ - $ - 10140300150061014030 HUMAN RESOURCES 015006 WORKER'S COMPENSATION $ 1,257.17 $ - $ - 10140300150081014030 HUMAN RESOURCES 015008 HEALTH/LIFE/DISAB INSURNC $ 5,467.16 $ - $ - 10140300150151014030 HUMAN RESOURCES 015015 PERS UNFUNDED LIABILITY $ 6,425.17 $ 16,360.00 $ 16,360.00 10140300160001014030 HUMAN RESOURCES 016000 DEFERRED COMP BENEFIT $ 965.93 $ - $ - 10140300220001014030 HUMAN RESOURCES 022000 DEPART OPERATING SUPPLIES $ 7,985.82 $ 4,290.00 $ 2,500.00 10140300230151014030 HUMAN RESOURCES 023015 SOFTWARE $ 536.31 $ - $ - 10140300310001014030 HUMAN RESOURCES 031000 PROFESSIONAL SERVICES $ 79,775.17 $ - $ - 10140300310201014030 HUMAN RESOURCES 031020 RECRUITMENT COSTS $ 11,921.83 $ 12,000.00 $ 6,000.00 10140300330011014030 HUMAN RESOURCES 033001 PHONE & VOICE $ 6,438.50 $ - $ - 10140300350001014030 HUMAN RESOURCES 035000 ADV/PRINT/COPY/SHIPPING $ 333.96 $ 6,250.00 $ 6,250.00 10140300370041014030 HUMAN RESOURCES 037004 DUES, SUBSCRIPTIONS $ 5,559.29 $ - $ - 10140300380021014030 HUMAN RESOURCES 038002 MEETINGS & TRAVEL $ 721.60 $ - $ - 10140300640031014030 HUMAN RESOURCES 064003 CAP O/L REPAIRS GOVT BLDG $ 25,510.85 $ - $ - 10140300690881014030 HUMAN RESOURCES 069088 STAFF TRAINING & MEETINGS $ 12,014.15 $ 12,500.00 $ 2,500.00 10140400100001014040 CITY MANAGER 010000 AD'L SALARY:SPECIAL PAYS $ 940.30 $ - $ - 10140400100011014040 CITY MANAGER 010001 SALARIES - FULL TIME $ 102,814.24 $ 88,153.00 $ 88,153.00 10140400100021014040 CITY MANAGER 010002 SALARIES - PART TIME $ - $ - $ - 10140400100031014040 CITY MANAGER 010003 SALARIES - OVERTIME $ - $ - $ - 10140400150001014040 CITY MANAGER 015000 BENEFITS $ - $ - $ - 10140400150021014040 CITY MANAGER 015002 FICA/MEDICARE CITY PAID $ 7,559.41 $ 6,883.00 $ 6,883.00 10140400150041014040 CITY MANAGER 015004 PERS - EPMC $ - $ - $ - 10140400150051014040 CITY MANAGER 015005 PERS - EMPLOYER CONTRIBT $ 7,844.42 $ 8,224.00 $ 8,224.00 10140400150061014040 CITY MANAGER 015006 WORKER'S COMPENSATION $ 7,550.60 $ 7,873.00 $ 7,873.00 10140400150081014040 CITY MANAGER 015008 HEALTH/LIFE/DISAB INSURNC $ 11,577.59 $ 20,483.00 $ 20,483.00 10140400150151014040 CITY MANAGER 015015 PERS UNFUNDED LIABILITY $ 19,334.42 $ - $ - 10140400160001014040 CITY MANAGER 016000 DEFERRED COMP BENEFIT $ 4,328.90 $ 4,866.00 $ 4,866.00 10140400210001014040 CITY MANAGER 021000 OFFICE SUPPLIES/MATERIALS $ 3,262.82 $ 5,000.00 $ 5,000.00 10140400220121014040 CITY MANAGER 022012 VEHICLE FUEL AND OIL $ 953.43 $ 100.00 $ 100.00 10140400220131014040 CITY MANAGER 022013 VEHICLE ALLOWANCE $ 1,200.00 $ 1,200.00 10140400220151014040 CITY MANAGER 022015 VEHICLE REPAIR & MAINT $ 223.29 $ 100.00 $ 100.00 10140400230151014040 CITY MANAGER 023015 SOFTWARE $ 14.41 $ 1,000.00 $ 1,000.00 10140400240021014040 CITY MANAGER 024002 COUNTY CLERK EXPENSE $ - $ 10,000.00 $ 2,500.00 10140400310001014040 CITY MANAGER 031000 PROFESSIONAL SERVICES $ 152.43 $ 82,200.00 $ - 10140400330011014040 CITY MANAGER 033001 PHONE & VOICE $ 6,438.52 $ 13,000.00 $ 6,500.00 10140400340001014040 CITY MANAGER 034000 LIABILITY INSURANCE $ - $ 8,958.00 $ 8,958.00 10140400360081014040 CITY MANAGER 036008 OFFICE EQUIPMENT MAINT $ 8,413.90 $ 4,000.00 $ 4,000.00 10140400370041014040 CITY MANAGER 037004 DUES, SUBSCRIPTIONS $ 5,197.37 $ 17,000.00 $ 5,500.00 10140400370121014040 CITY MANAGER 037012 STIPEND $ 624.00 $ 624.00 10140400370501014040 CITY MANAGER 037050 CONTINGENCY COSTS $ 14,595.29 $ 16,000.00 $ 16,000.00 10140400380021014040 CITY MANAGER 038002 MEETINGS & TRAVEL $ 12,628.07 $ 18,000.00 $ 10,000.00 10140400660001014040 CITY MANAGER 066000 NEW VEHICLE PURCHASE $ - $ - $ - 10140500100001014050 FINANCE/TREASR 010000 AD'L SALARY:SPECIAL PAYS $ 4,131.78 $ - $ - 10140500100011014050 FINANCE/TREASR 010001 SALARIES - FULL TIME $ 98,637.57 $ 91,123.00 $ 69,863.00 10140500100021014050 FINANCE/TREASR 010002 SALARIES - PART TIME $ 39,106.76 $ - $ - 10140500100031014050 FINANCE/TREASR 010003 SALARIES - OVERTIME $ 0.38 $ - $ - 10140500100081014050 FINANCE/TREASR 010008 TEMPS $ 6,027.67 $ - $ - 10140500150001014050 FINANCE/TREASR 015000 BENEFITS $ - $ - $ - 10140500150021014050 FINANCE/TREASR 015002 FICA/MEDICARE CITY PAID $ 9,627.59 $ 7,148.00 $ 5,506.00 10140500150041014050 FINANCE/TREASR 015004 PERS - EPMC $ - $ - $ - 10140500150051014050 FINANCE/TREASR 015005 PERS - EMPLOYER CONTRIBT $ 11,271.25 $ 11,424.00 $ 8,392.00 10140500150061014050 FINANCE/TREASR 015006 WORKER'S COMPENSATION $ 8,434.77 $ 8,176.00 $ 6,297.00 10140500150071014050 FINANCE/TREASR 015007 STATE UNEMPLOYMENT BENEFT $ - $ - $ - 10140500150081014050 FINANCE/TREASR 015008 HEALTH/LIFE/DISAB INSURNC $ 20,149.40 $ 21,904.00 $ 14,667.00 10140500150151014050 FINANCE/TREASR 015015 PERS UNFUNDED LIABILITY $ 52,290.87 $ 16,630.00 $ 16,630.00 10140500160001014050 FINANCE/TREASR 016000 DEFERRED COMP BENEFIT $ 2,843.32 $ 4,864.00 $ 3,645.00 10140500210001014050 FINANCE/TREASR 021000 OFFICE SUPPLIES/MATERIALS $ 4,632.51 $ 3,500.00 $ 3,500.00 10140500220001014050 FINANCE/TREASR 022000 DEPART OPERATING SUPPLIES $ 10,627.13 $ 10,000.00 $ 10,000.00 10140500220121014050 FINANCE/TREASR 022012 VEHICLE FUEL AND OIL $ 223.46 $ 100.00 $ 100.00 10140500220131014050 FINANCE/TREASR 022013 VEHICLE ALLOWANCE $ 1,200.00 $ 1,200.00 10140500230151014050 FINANCE/TREASR 023015 SOFTWARE $ 14,427.75 $ 14,300.00 $ 14,300.00 10140500240001014050 FINANCE/TREASR 024000 SPECIAL DEPT SUPPLIES $ 292.21 $ - $ - 10140500310001014050 FINANCE/TREASR 031000 PROFESSIONAL SERVICES $ 39,112.44 $ 50,000.00 10140500310091014050 FINANCE/TREASR 031009 AUDIT SERVICES $ 51,746.75 $ 32,450.00 $ 50,500.00 10140500330011014050 FINANCE/TREASR 033001 PHONE & VOICE $ 6,648.42 $ 7,000.00 $ 7,000.00 10140500340001014050 FINANCE/TREASR 034000 LIABILITY INSURANCE $ - $ 8,444.00 $ 8,444.00 10140500350001014050 FINANCE/TREASR 035000 ADV/PRINT/COPY/SHIPPING $ 2,199.80 $ 500.00 $ 500.00 10140500360081014050 FINANCE/TREASR 036008 OFFICE EQUIPMENT MAINT $ 5,447.67 $ 4,500.00 $ 4,500.00 10140500370001014050 FINANCE/TREASR 037000 OTHER SERVICES & CHARGES $ 5,789.31 $ 7,000.00 $ 7,000.00 10140500370041014050 FINANCE/TREASR 037004 DUES, SUBSCRIPTIONS $ 488.87 $ 1,500.00 $ 1,500.00 10140500370071014050 FINANCE/TREASR 037007 PERMIT RENEWAL $ - $ - $ - 10140500370081014050 FINANCE/TREASR 037008 TRAINING & SEMINARS $ 923.00 $ 5,000.00 $ 500.00 10140500370121014050 FINANCE/TREASR 037012 STIPEND $ 1,116.00 $ 904.00 10140500370301014050 FINANCE/TREASR 037030 COMMUNITY EVENTS $ - $ - $ - 10140500380021014050 FINANCE/TREASR 038002 MEETINGS & TRAVEL $ 2,741.42 $ 5,000.00 $ 2,500.00 10140500630131014050 FINANCE/TREASR 063013 FURNITURE & EQUIPMENT $ 2,294.57 $ 2,500.00 $ 2,500.00 10140500640021014050 FINANCE/TREASR 064002 CAP OULTLAY/IMPROVEMENT $ - $ 45,000.00 $ 20,000.00 10140500640031014050 FINANCE/TREASR 064003 CAP O/L REPAIRS GOVT BLDG $ 43,947.54 $ - $ - 10140500660001014050 FINANCE/TREASR 066000 NEW VEHICLE PURCHASE $ - $ - $ - 10140600310001014060 CITY ATTORNEY 031000 PROFESSIONAL SERVICES $ 199,772.94 $ 130,000.00 $ 130,000.00 10140700100001014070 COM DEV 010000 AD'L SALARY:SPECIAL PAYS $ 824.60 $ - $ - 10140700100011014070 COM DEV 010001 SALARIES - FULL TIME $ 149,820.81 $ 164,587.00 $ 91,845.00 10140700100021014070 COM DEV 010002 SALARIES - PART TIME $ - $ - $ - 10140700100031014070 COM DEV 010003 SALARIES - OVERTIME $ 899.02 $ - $ - 10140700150001014070 COM DEV 015000 BENEFITS $ - $ - $ - 10140700150011014070 COM DEV 015001 TAXABLE FRINGE BENEFITS $ - $ - $ - 10140700150021014070 COM DEV 015002 FICA/MEDICARE CITY PAID $ 10,474.08 $ 12,674.00 $ 7,110.00 10140700150041014070 COM DEV 015004 PERS - EPMC $ - $ - $ - 10140700150051014070 COM DEV 015005 PERS - EMPLOYER CONTRIBT $ 18,630.38 $ 20,485.00 $ 12,746.00 10140700150061014070 COM DEV 015006 WORKER'S COMPENSATION $ 13,352.71 $ 14,497.00 $ 8,132.00 10140700150081014070 COM DEV 015008 HEALTH/LIFE/DISAB INSURNC $ 29,921.35 $ 77,387.00 $ 30,087.00 10140700150151014070 COM DEV 015015 PERS UNFUNDED LIABILITY $ 16,256.52 $ 53,900.00 $ 53,900.00 10140700160001014070 COM DEV 016000 DEFERRED COMP BENEFIT $ 4,026.28 $ 2,965.00 $ 1,943.00 10140700210001014070 COM DEV 021000 OFFICE SUPPLIES/MATERIALS $ 15.00 $ 1,000.00 $ 500.00 10140700220001014070 COM DEV 022000 DEPART OPERATING SUPPLIES $ 4,865.36 $ 4,100.00 $ 4,000.00 10140700220131014070 COM DEV 022013 VEHICLE ALLOWANCE $ 360.00 $ 360.00 10140700220151014070 COM DEV 022015 VEHICLE REPAIR & MAINT $ - $ - $ - 10140700230151014070 COM DEV 023015 SOFTWARE $ - $ 1,500.00 $ 1,500.00 10140700240021014070 COM DEV 024002 COUNTY CLERK EXPENSE $ - $ - $ - 10140700310001014070 COM DEV 031000 PROFESSIONAL SERVICES $ 56,179.61 $ 70,000.00 $ 60,000.00 10140700340001014070 COM DEV 034000 LIABILITY INSURANCE $ - $ 27,313.00 $ 27,313.00 10140700350001014070 COM DEV 035000 ADV/PRINT/COPY/SHIPPING $ 3,293.42 $ 4,100.00 $ 3,500.00 10140700360081014070 COM DEV 036008 OFFICE EQUIPMENT MAINT $ - $ - $ - 10140700370001014070 COM DEV 037000 OTHER SERVICES & CHARGES $ 3,366.73 $ 4,500.00 $ 3,500.00 10140700370041014070 COM DEV 037004 DUES, SUBSCRIPTIONS $ 565.00 $ 1,000.00 $ 500.00 10140700370051014070 COM DEV 037005 JPA DUES $ 4,772.01 $ 5,000.00 $ 4,800.00 10140700370121014070 COM DEV 037012 STIPEND $ 731.00 $ 731.00 10140700370131014070 COM DEV 037013 EDC & TCAG DUES $ - $ - $ - 10140700380021014070 COM DEV 038002 MEETINGS & TRAVEL $ 1,302.00 $ 2,500.00 $ 1,000.00 10140700740001014070 COM DEV 074000 BUSINESS & ECONOMIC DEVLP $ - $ - $ - 10140900150001014090 NON-DEPARTMENTAL 015000 BENEFITS $ - $ - $ - 10140900150061014090 NON-DEPARTMENTAL 015006 WORKER'S COMPENSATION $ - $ - $ - 10140900150071014090 NON-DEPARTMENTAL 015007 STATE UNEMPLOYMENT BENEFT $ 2,546.00 $ 30,000.00 $ 30,000.00 10140900150101014090 NON-DEPARTMENTAL 015010 OPEB EXPENSE $ 40,304.85 $ 45,000.00 $ 45,000.00 10140900150171014090 NON-DEPARTMENTAL 015017 SEC125 ADMIN FEE $ 1,604.00 $ - $ - 10140900230151014090 NON-DEPARTMENTAL 023015 SOFTWARE $ 18,583.59 $ 20,000.00 $ 20,000.00 10140900310001014090 NON-DEPARTMENTAL 031000 PROFESSIONAL SERVICES $ 625.11 $ 10,000.00 $ - 10140900310111014090 NON-DEPARTMENTAL 031011 EMPLOYEE RELATIONS $ - $ - $ - 10140900340001014090 NON-DEPARTMENTAL 034000 LIABILITY INSURANCE $ 113,552.93 $ 16,176.00 $ 16,176.00 10140900360141014090 NON-DEPARTMENTAL 036014 EQUIPMENT LEASE (COPIER) $ - $ - $ - 10140900370001014090 NON-DEPARTMENTAL 037000 OTHER SERVICES & CHARGES $ 21,641.52 $ 35,000.00 $ 35,000.00 10140900370011014090 NON-DEPARTMENTAL 037001 LEGAL SETTLEMENT PAYMENT $ - $ - $ - 10140900370041014090 NON-DEPARTMENTAL 037004 DUES, SUBSCRIPTIONS $ 5,100.00 $ 8,000.00 $ 8,000.00 10140900370181014090 NON-DEPARTMENTAL 037018 FINANCE CHARGE $ 8,156.04 $ 8,000.00 $ 8,000.00 10140900370301014090 NON-DEPARTMENTAL 037030 COMMUNITY EVENTS $ - $ - $ - 10140900470021014090 NON-DEPARTMENTAL 047002 PRINCIPAL PAYMENT ON LTD $ - $ - $ - 10140900470031014090 NON-DEPARTMENTAL 047003 INTERFUND DEBT PMT $ 68,099.89 $ 136,105.15 $ 136,105.15 10140900470041014090 NON-DEPARTMENTAL 047004 TCAG MEASURE R PMT $ 52,422.16 $ 52,424.00 $ 52,424.00 10140900500001014090 NON-DEPARTMENTAL 050000 COUNTY PROPTX ADMIN FEE $ 8,947.00 $ 10,500.00 $ 10,500.00 10140900690681014090 NON-DEPARTMENTAL 069068 LAND PURCHASE $ - $ - $ - 10141100100001014110 PUBLIC SAFETY 010000 AD'L SALARY:SPECIAL PAYS $ 43,022.29 $ - $ - 10141100100011014110 PUBLIC SAFETY 010001 SALARIES - FULL TIME $ 1,701,871.16 $ 1,880,787.00 $ 1,679,478.00 10141100100021014110 PUBLIC SAFETY 010002 SALARIES - PART TIME $ 68,332.17 $ - $ - 10141100100031014110 PUBLIC SAFETY 010003 SALARIES - OVERTIME $ 190,033.73 $ 190,000.00 $ 190,000.00 10141100100081014110 PUBLIC SAFETY 010008 TEMPS $ 26,670.96 $ - $ - 10141100150001014110 PUBLIC SAFETY 015000 BENEFITS $ 86,796.75 $ - $ - 10141100150021014110 PUBLIC SAFETY 015002 FICA/MEDICARE CITY PAID $ 144,221.62 $ 165,774.00 $ 148,995.00 10141100150041014110 PUBLIC SAFETY 015004 PERS - EPMC $ - $ - $ - 10141100150051014110 PUBLIC SAFETY 015005 PERS - EMPLOYER CONTRIBT $ 305,454.90 $ 404,000.00 $ 351,632.00 10141100150061014110 PUBLIC SAFETY 015006 WORKER'S COMPENSATION $ 188,283.64 $ 189,611.00 $ 170,419.00 10141100150071014110 PUBLIC SAFETY 015007 STATE UNEMPLOYMENT BENEFT $ - $ - $ - 10141100150081014110 PUBLIC SAFETY 015008 HEALTH/LIFE/DISAB INSURNC $ 337,251.31 $ 405,596.00 $ 386,808.00 10141100150141014110 PUBLIC SAFETY 015014 UNIFORM ALLOWANCE - PSO $ 18,959.00 $ 16,459.00 10141100150151014110 PUBLIC SAFETY 015015 PERS UNFUNDED LIABILITY $ 360,632.00 $ 437,500.00 $ 437,500.00 10141100160001014110 PUBLIC SAFETY 016000 DEFERRED COMP BENEFIT $ 34,846.15 $ 41,296.00 $ 39,152.00 10141100210001014110 PUBLIC SAFETY 021000 OFFICE SUPPLIES/MATERIALS $ 3,100.83 $ 5,000.00 $ 5,000.00 10141100220001014110 PUBLIC SAFETY 022000 DEPART OPERATING SUPPLIES $ 13,105.74 $ 30,000.00 $ 13,000.00 10141100220121014110 PUBLIC SAFETY 022012 VEHICLE FUEL AND OIL $ 92,914.42 $ 84,000.00 $ 84,000.00 10141100220131014110 PUBLIC SAFETY 022013 VEHICLE ALLOWANCE $ 300.00 $ 300.00 10141100220151014110 PUBLIC SAFETY 022015 VEHICLE REPAIR & MAINT $ 59,772.07 $ 50,000.00 $ 50,000.00 10141100230001014110 PUBLIC SAFETY 023000 REPAIR & MAINT SUPPLIES $ 2,494.10 $ 3,000.00 $ 3,000.00 10141100230151014110 PUBLIC SAFETY 023015 SOFTWARE $ 25,915.37 $ 21,500.00 $ 21,500.00 10141100230171014110 PUBLIC SAFETY 023017 VEHICLE REFURBISHMENT $ - $ - $ - 10141100240001014110 PUBLIC SAFETY 024000 SPECIAL DEPT SUPPLIES $ 17.39 $ 4,000.00 $ 4,000.00 10141100240041014110 PUBLIC SAFETY 024004 UNIFORMS&PERSONAL EQUIP $ 14,987.44 $ - $ - 10141100240051014110 PUBLIC SAFETY 024005 UNIFORM ALLOWANCE - PSO $ 18,614.62 $ - $ - 10141100240071014110 PUBLIC SAFETY 024007 OPIOID EXPENSES $ 5,002.00 $ 5,000.00 $ 5,000.00 10141100250001014110 PUBLIC SAFETY 025000 SMALL TOOLS & EQUIPMENT $ 259.33 $ - $ - 10141100300101014110 PUBLIC SAFETY 030010 ANIMAL CONTROL SERVICES $ - $ - $ - 10141100310001014110 PUBLIC SAFETY 031000 PROFESSIONAL SERVICES $ 4,046.66 $ 12,500.00 $ 12,500.00 10141100310011014110 PUBLIC SAFETY 031001 CENTRAL DISPATCH $ 95,809.00 $ 108,000.00 $ 108,000.00 10141100310021014110 PUBLIC SAFETY 031002 BOOKING FEES $ - $ - $ - 10141100310031014110 PUBLIC SAFETY 031003 THUNDERBOLT OFFICER $ - $ - $ - 10141100310051014110 PUBLIC SAFETY 031005 RADIO REPAIR/MAINTENANCE $ 2,884.39 $ 4,000.00 10141100310101014110 PUBLIC SAFETY 031010 ANIMAL CONTROL CHARGES $ 11,335.17 $ 47,000.00 $ 47,000.00 10141100310251014110 PUBLIC SAFETY 031025 DMV AUTO THEFT $ - $ 3,500.00 $ 3,500.00 10141100320011014110 PUBLIC SAFETY 032001 UTILITIES-SCE $ 20,669.55 $ 17,510.00 $ 17,510.00 10141100320021014110 PUBLIC SAFETY 032002 UTILITIES-GAS $ 3,122.42 $ 5,000.00 $ 5,000.00 10141100330011014110 PUBLIC SAFETY 033001 PHONE & VOICE $ 30,520.39 $ 22,000.00 $ 22,000.00 10141100340001014110 PUBLIC SAFETY 034000 LIABILITY INSURANCE $ 30,053.90 $ 178,930.00 $ 178,930.00 10141100350001014110 PUBLIC SAFETY 035000 ADV/PRINT/COPY/SHIPPING $ 4,258.71 $ 3,000.00 $ 3,000.00 10141100360081014110 PUBLIC SAFETY 036008 OFFICE EQUIPMENT MAINT $ 16,216.75 $ 10,000.00 $ 10,000.00 10141100370001014110 PUBLIC SAFETY 037000 OTHER SERVICES & CHARGES $ 9,232.38 $ 20,000.00 $ 9,000.00 10141100370041014110 PUBLIC SAFETY 037004 DUES, SUBSCRIPTIONS $ 16,697.00 $ 10,000.00 $ 10,000.00 10141100370081014110 PUBLIC SAFETY 037008 TRAINING & SEMINARS $ 14,940.46 $ 20,000.00 $ 20,000.00 10141100370121014110 PUBLIC SAFETY 037012 STIPEND $ 76,934.00 $ 61,410.00 10141100370301014110 PUBLIC SAFETY 037030 COMMUNITY EVENTS $ 302.02 $ - $ - 10141100380021014110 PUBLIC SAFETY 038002 MEETINGS & TRAVEL $ 1,806.43 $ 5,000.00 $ 5,000.00 10141100390011014110 PUBLIC SAFETY 039001 LIVE SCAN $ 4,379.00 $ 4,000.00 $ 4,000.00 10141100390021014110 PUBLIC SAFETY 039002 CDF DISPATCH $ - $ 44,080.00 $ 44,080.00 10141100390061014110 PUBLIC SAFETY 039006 OFFICER WELLNESS GRANT $ 6,656.01 $ - $ - 10141100390071014110 PUBLIC SAFETY 039007 DOJ VEST GRANT $ - $ 10,000.00 $ 10,000.00 10141100390101014110 PUBLIC SAFETY 039010 USDA $ - $ - $ - 10141100470001014110 PUBLIC SAFETY 047000 DEBT SERVICE - LEASE PAY $ 73,594.28 $ 76,810.00 $ 76,810.00 10141100470011014110 PUBLIC SAFETY 047001 DEBT INTEREST EXPENSE $ 17,548.55 $ 14,332.00 $ 14,332.00 10141100510071014110 PUBLIC SAFETY 051007 TU COUNTY SLESF $ - $ - $ - 10141100580011014110 PUBLIC SAFETY 058001 ASSET FORFEITURE PROJECTS $ - $ - $ - 10141100630131014110 PUBLIC SAFETY 063013 FURNITURE & EQUIPMENT $ - $ 2,000.00 $ 2,000.00 10141100640001014110 PUBLIC SAFETY 064000 CAPITAL OUTLAY - EQUIPMNT $ 33,446.83 $ - $ - 10141100640021014110 PUBLIC SAFETY 064002 CAP OULTLAY/IMPROVEMENT $ - $ 40,000.00 $ 40,000.00 10141100640181014110 PUBLIC SAFETY 064018 VOLUNTEER FIRE PROGRAM $ - $ - $ - 10141100660001014110 PUBLIC SAFETY 066000 NEW VEHICLE PURCHASE $ - $ - $ - 10141100660011014110 PUBLIC SAFETY 066001 NEW VEHICLE EQUIPMENT $ - $ - $ - 10141100660021014110 PUBLIC SAFETY 066002 NON-CAPITALIZED LEASE $ - $ - $ - 10141100660071014110 PUBLIC SAFETY 066007 DUI TRUST FUND & LAB FEES $ 22,859.00 $ 12,000.00 $ 12,000.00 10141100660081014110 PUBLIC SAFETY 066008 DOJ CLETS LINE $ - $ - $ - 10141100660111014110 PUBLIC SAFETY 066011 HOMELAND SECURITY EQUIP $ - $ - $ - 10141100660121014110 PUBLIC SAFETY 066012 FIREFIGHTER GEAR/EQUIP $ 22,048.33 $ 58,000.00 $ 58,000.00 10141100660171014110 PUBLIC SAFETY 066017 K-9 SUPPLIES & EQUIP. $ - $ - $ - 10141100660191014110 PUBLIC SAFETY 066019 USDA - P.S VEHICLES $ 208,821.53 $ - $ - 10141100660201014110 PUBLIC SAFETY 066020 AB179 HURTADO $ 1,619,124.62 $ - $ - 10141100691451014110 PUBLIC SAFETY 069145 FLOORING $ - $ - $ - 10141100950051014110 PUBLIC SAFETY 095005 AB109 POLICE DETAIL $ - $ - $ - 10141100950061014110 PUBLIC SAFETY 095006 SCHOOL RESOURCE OFFICER $ 94,523.50 $ 143,219.00 $ - CONTRACT CANCELLED 10141200100001014120 PUBLIC WORKS DEPT. 010000 AD'L SALARY:SPECIAL PAYS $ 6,528.02 $ - $ - 10141200100011014120 PUBLIC WORKS DEPT. 010001 SALARIES - FULL TIME $ 311,622.56 $ 207,313.00 $ 235,492.00 10141200100021014120 PUBLIC WORKS DEPT. 010002 SALARIES - PART TIME $ 34,997.84 $ - $ - 10141200100031014120 PUBLIC WORKS DEPT. 010003 SALARIES - OVERTIME $ 6,769.95 $ 7,000.00 $ 7,000.00 10141200100081014120 PUBLIC WORKS DEPT. 010008 TEMPS $ 32,675.76 $ 9,880.00 $ 9,880.00 10141200150001014120 PUBLIC WORKS DEPT. 015000 BENEFITS $ - $ - $ - 10141200150021014120 PUBLIC WORKS DEPT. 015002 FICA/MEDICARE CITY PAID $ 25,335.44 $ 19,644.00 $ 19,522.00 10141200150041014120 PUBLIC WORKS DEPT. 015004 PERS - EPMC $ - $ - $ - 10141200150051014120 PUBLIC WORKS DEPT. 015005 PERS - EMPLOYER CONTRIBT $ 32,444.10 $ 33,449.00 $ 32,528.00 10141200150061014120 PUBLIC WORKS DEPT. 015006 WORKER'S COMPENSATION $ 27,652.38 $ 22,468.00 $ 22,329.00 10141200150081014120 PUBLIC WORKS DEPT. 015008 HEALTH/LIFE/DISAB INSURNC $ 67,903.89 $ 121,089.00 $ 63,709.00 10141200150151014120 PUBLIC WORKS DEPT. 015015 PERS UNFUNDED LIABILITY $ 108,956.33 $ 52,965.00 $ 52,965.00 10141200150181014120 PUBLIC WORKS DEPT. 015018 BOOT ALLOWANCE $ 189.75 $ - $ - 10141200160001014120 PUBLIC WORKS DEPT. 016000 DEFERRED COMP BENEFIT $ 5,570.76 $ 7,350.00 $ 7,224.00 10141200210001014120 PUBLIC WORKS DEPT. 021000 OFFICE SUPPLIES/MATERIALS $ 2,201.02 $ 4,000.00 $ 4,000.00 10141200220001014120 PUBLIC WORKS DEPT. 022000 DEPART OPERATING SUPPLIES $ 21,517.37 $ 20,000.00 $ 20,000.00 10141200220091014120 PUBLIC WORKS DEPT. 022009 WEED ABATEMENT-REV FUND $ - $ - $ - 10141200220121014120 PUBLIC WORKS DEPT. 022012 VEHICLE FUEL AND OIL $ 2,705.93 $ 3,000.00 $ 3,000.00 10141200220131014120 PUBLIC WORKS DEPT. 022013 VEHICLE ALLOWANCE $ 1,020.00 $ 1,020.00 10141200220151014120 PUBLIC WORKS DEPT. 022015 VEHICLE REPAIR & MAINT $ 8,572.30 $ 6,000.00 $ 6,000.00 10141200230001014120 PUBLIC WORKS DEPT. 023000 REPAIR & MAINT SUPPLIES $ 1,188.43 $ 1,600.00 $ 1,500.00 10141200230151014120 PUBLIC WORKS DEPT. 023015 SOFTWARE $ 252.98 $ - $ - 10141200240011014120 PUBLIC WORKS DEPT. 024001 SHOP SUPPLIES $ - $ - $ - 10141200310001014120 PUBLIC WORKS DEPT. 031000 PROFESSIONAL SERVICES $ 17,710.11 $ 80,000.00 $ 80,000.00 10141200320011014120 PUBLIC WORKS DEPT. 032001 UTILITIES-SCE $ 26,977.56 $ 29,870.00 $ 29,870.00 10141200320021014120 PUBLIC WORKS DEPT. 032002 UTILITIES-GAS $ 6,413.05 $ 7,500.00 $ 7,500.00 10141200330011014120 PUBLIC WORKS DEPT. 033001 PHONE & VOICE $ 10,424.94 $ 10,500.00 $ 10,500.00 10141200340001014120 PUBLIC WORKS DEPT. 034000 LIABILITY INSURANCE $ 9,853.74 $ 27,533.00 $ 27,533.00 10141200350001014120 PUBLIC WORKS DEPT. 035000 ADV/PRINT/COPY/SHIPPING $ 172.62 $ 350.00 $ 350.00 10141200360081014120 PUBLIC WORKS DEPT. 036008 OFFICE EQUIPMENT MAINT $ 8,819.24 $ 2,000.00 $ 2,000.00 10141200370001014120 PUBLIC WORKS DEPT. 037000 OTHER SERVICES & CHARGES $ 8,902.31 $ 11,000.00 $ 11,000.00 10141200370041014120 PUBLIC WORKS DEPT. 037004 DUES, SUBSCRIPTIONS $ 1,573.98 $ 2,100.00 $ 2,100.00 10141200370081014120 PUBLIC WORKS DEPT. 037008 TRAINING & SEMINARS $ 4,960.50 $ 15,000.00 $ 15,000.00 10141200370121014120 PUBLIC WORKS DEPT. 037012 STIPEND $ 1,926.00 $ 1,802.00 10141200370301014120 PUBLIC WORKS DEPT. 037030 COMMUNITY EVENTS $ 235.00 $ - $ - 10141200380001014120 PUBLIC WORKS DEPT. 038000 ENGINEERING $ 104,630.35 $ 110,000.00 $ 110,000.00 10141200380021014120 PUBLIC WORKS DEPT. 038002 MEETINGS & TRAVEL $ 681.68 $ 5,000.00 $ 5,000.00 10141200640031014120 PUBLIC WORKS DEPT. 064003 CAP O/L REPAIRS GOVT BLDG $ 31,724.92 $ - $ - 10141200640061014120 PUBLIC WORKS DEPT. 064006 MACH & EQUIP $ - $ - $ - 10141200660001014120 PUBLIC WORKS DEPT. 066000 NEW VEHICLE PURCHASE $ 66,925.64 $ - $ - 10141300100001014130 STREETS 010000 AD'L SALARY:SPECIAL PAYS $ 806.40 $ - $ - 10141300100011014130 STREETS 010001 SALARIES - FULL TIME $ 138,378.32 $ 152,037.00 $ 142,646.00 10141300100021014130 STREETS 010002 SALARIES - PART TIME $ - $ - $ - 10141300100031014130 STREETS 010003 SALARIES - OVERTIME $ 1,440.00 $ 1,500.00 $ 1,500.00 10141300100081014130 STREETS 010008 TEMPS $ 17,291.52 $ - $ - 10141300150001014130 STREETS 015000 BENEFITS $ - $ - $ - 10141300150021014130 STREETS 015002 FICA/MEDICARE CITY PAID $ 10,032.90 $ 11,979.00 $ 11,251.00 10141300150041014130 STREETS 015004 PERS - EPMC $ - $ - $ - 10141300150051014130 STREETS 015005 PERS - EMPLOYER CONTRIBT $ 15,225.47 $ 18,772.00 $ 17,983.00 10141300150061014130 STREETS 015006 WORKER'S COMPENSATION $ 11,738.70 $ 13,702.00 $ 12,869.00 10141300150081014130 STREETS 015008 HEALTH/LIFE/DISAB INSURNC $ 22,794.50 $ 43,180.00 $ 32,205.00 10141300150151014130 STREETS 015015 PERS UNFUNDED LIABILITY $ 6,311.35 $ 31,780.00 $ 31,780.00 10141300150181014130 STREETS 015018 BOOT ALLOWANCE $ 320.72 $ - $ - 10141300160001014130 STREETS 016000 DEFERRED COMP BENEFIT $ 3,857.54 $ 4,847.00 $ 4,719.00 10141300220001014130 STREETS 022000 DEPART OPERATING SUPPLIES $ 19,013.00 $ 21,500.00 $ 21,500.00 10141300220031014130 STREETS 022003 GRAFFITI/LITTER REMOVAL $ - $ 500.00 $ 500.00 10141300220121014130 STREETS 022012 VEHICLE FUEL AND OIL $ 6,574.04 $ 5,300.00 $ 5,300.00 10141300220131014130 STREETS 022013 VEHICLE ALLOWANCE $ 1,500.00 $ 1,500.00 10141300220151014130 STREETS 022015 VEHICLE REPAIR & MAINT $ 2,789.47 $ 5,500.00 $ 5,500.00 10141300230001014130 STREETS 023000 REPAIR & MAINT SUPPLIES $ 5,709.17 $ 5,000.00 $ 5,000.00 10141300230151014130 STREETS 023015 SOFTWARE $ - $ - $ - 10141300310001014130 STREETS 031000 PROFESSIONAL SERVICES $ 3,256.06 $ 2,500.00 $ 2,500.00 10141300320011014130 STREETS 032001 UTILITIES-SCE $ 230.53 $ 927.00 $ 927.00 10141300330011014130 STREETS 033001 PHONE & VOICE $ 1,887.07 $ 2,200.00 $ 2,200.00 10141300340001014130 STREETS 034000 LIABILITY INSURANCE $ - $ 17,401.00 $ 17,401.00 10141300350001014130 STREETS 035000 ADV/PRINT/COPY/SHIPPING $ - $ - $ - 10141300370041014130 STREETS 037004 DUES, SUBSCRIPTIONS $ - $ - $ - 10141300370121014130 STREETS 037012 STIPEND $ 1,553.00 $ 1,427.00 10141300370141014130 STREETS 037014 EQUIPMENT RENTALS $ - $ - $ - 10141300380021014130 STREETS 038002 MEETINGS & TRAVEL $ 22.59 $ - $ - 10141300470011014130 STREETS 047001 DEBT INTEREST EXPENSE $ - $ - $ - 10141300500021014130 STREETS 050002 ALLEY REPAIR FEES $ - $ - $ - 10141300640021014130 STREETS 064002 CAP OULTLAY/IMPROVEMENT $ - $ 64,945.00 $ - MOVED TO FUND 300 PER CALL WITH HCD 10141300650131014130 STREETS 065013 GENERAL STREET MAINT $ 4,854.04 $ 6,000.00 $ 6,000.00 10141300660101014130 STREETS 066010 NEW VEHICLE EQUIPMENT $ 26,479.57 $ - $ - 10141300690401014130 STREETS 069040 EQUIPMENT $ 34.44 $ - $ - 10141300905001014130 STREETS 090500 INELIGIBLE COSTS TO REPAY $ - $ - $ - 10142100100001014210 PARKS 010000 AD'L SALARY:SPECIAL PAYS $ 252.00 $ - $ - 10142100100011014210 PARKS 010001 SALARIES - FULL TIME $ 72,385.15 $ 142,803.00 $ 79,718.00 10142100100021014210 PARKS 010002 SALARIES - PART TIME $ - $ - $ - 10142100100031014210 PARKS 010003 SALARIES - OVERTIME $ 1,093.68 $ 1,200.00 $ 1,200.00 10142100100081014210 PARKS 010008 TEMPS $ 48,848.26 $ - $ - 10142100150001014210 PARKS 015000 BENEFITS $ - $ - $ -
10142100150021014210 PARKS 015002 FICA/MEDICARE CITY PAID $ 5,128.99 $ 11,178.00 $ 6,275.00 10142100150041014210 PARKS 015004 PERS - EPMC $ - $ - $ - 10142100150051014210 PARKS 015005 PERS - EMPLOYER CONTRIBT $ 7,567.25 $ 13,340.00 $ 8,835.00 10142100150061014210 PARKS 015006 WORKER'S COMPENSATION $ 6,235.87 $ 12,785.00 $ 7,177.00 10142100150081014210 PARKS 015008 HEALTH/LIFE/DISAB INSURNC $ 14,754.35 $ 75,161.00 $ 23,551.00 10142100150151014210 PARKS 015015 PERS UNFUNDED LIABILITY $ 23,134.39 $ 45,590.00 $ 45,590.00 10142100150181014210 PARKS 015018 BOOT ALLOWANCE $ 208.84 $ - $ - 10142100160001014210 PARKS 016000 DEFERRED COMP BENEFIT $ 1,115.69 $ 2,718.00 $ 2,053.00 10142100220001014210 PARKS 022000 DEPART OPERATING SUPPLIES $ 18,692.72 $ 20,000.00 $ 20,000.00 10142100220031014210 PARKS 022003 GRAFFITI/LITTER REMOVAL $ - $ - $ 500.00 10142100220121014210 PARKS 022012 VEHICLE FUEL AND OIL $ 13,956.10 $ 11,000.00 $ 11,000.00 10142100220131014210 PARKS 022013 VEHICLE ALLOWANCE $ 156.00 $ 156.00 10142100220151014210 PARKS 022015 VEHICLE REPAIR & MAINT $ 4,130.85 $ 5,500.00 $ 5,500.00 10142100230051014210 PARKS 023005 LANDSCAPE MAINTENANCE $ 15,161.32 $ - $ - 10142100250001014210 PARKS 025000 SMALL TOOLS & EQUIPMENT $ 2,083.45 $ 3,000.00 $ 3,000.00 10142100300011014210 PARKS 030001 GOLF COURSE CONTRACT SRVS $ - $ - $ - 10142100310001014210 PARKS 031000 PROFESSIONAL SERVICES $ 10,386.44 $ 7,500.00 $ 7,500.00 10142100320011014210 PARKS 032001 UTILITIES-SCE $ 17,271.10 $ 18,025.00 $ 18,025.00 10142100320021014210 PARKS 032002 UTILITIES-GAS $ 155.37 $ 200.00 $ 200.00 10142100330011014210 PARKS 033001 PHONE & VOICE $ 892.34 $ 900.00 $ 900.00 10142100340001014210 PARKS 034000 LIABILITY INSURANCE $ - $ 24,964.00 $ 24,964.00 10142100350001014210 PARKS 035000 ADV/PRINT/COPY/SHIPPING $ - $ - $ - 10142100360071014210 PARKS 036007 OTHER EQUIP MAINTENANCE $ 14,404.52 $ 13,000.00 $ 13,000.00 10142100370121014210 PARKS 037012 STIPEND $ 1,961.00 $ 953.00 10142100370141014210 PARKS 037014 EQUIPMENT RENTALS $ 375.46 $ - $ - 10142100380021014210 PARKS 038002 MEETINGS & TRAVEL $ 392.59 $ 550.00 $ 550.00 10142100630001014210 PARKS 063000 CAP O/L-IMP, OTHER $ - $ - $ - 10142100640001014210 PARKS 064000 CAPITAL OUTLAY - EQUIPMNT $ 117,476.38 $ - $ - 10142100640021014210 PARKS 064002 CAP OULTLAY/IMPROVEMENT $ 29,821.08 $ 185,000.00 $ - MOVED TO FUND 300 PER CALL WITH HCD 10142100640461014210 PARKS 064046 LANDSCAPE MAINTENANCE $ - $ 14,000.00 $ 14,000.00 10142100660001014210 PARKS 066000 NEW VEHICLE PURCHASE $ 33,068.75 $ - $ - 10143000310001014300 LFA 2012 REVNU BOND-MCD 031000 PROFESSIONAL SERVICES $ - $ - $ - 10143000470011014300 LFA 2012 REVNU BOND-MCD 047001 DEBT INTEREST EXPENSE $ 37,462.50 $ 27,656.00 $ 27,656.00 10143000470021014300 LFA 2012 REVNU BOND-MCD 047002 PRINCIPAL PAYMENT ON LTD $ 155,000.00 $ 165,000.00 $ 165,000.00 10144000640021014400 WELLNESS 064002 CAP OULTLAY/IMPROVEMENT $ 100,000.00 $ - MOVED TO FUND 300 PER CALL WITH HCD 10145000470011014500 LIBRARY LANDSCAPE DEBT 047001 DEBT INTEREST EXPENSE $ 13,542.12 $ 12,582.00 $ 12,582.00 10145000470021014500 LIBRARY LANDSCAPE DEBT 047002 PRINCIPAL PAYMENT ON LTD $ 23,301.00 $ 24,233.00 $ 24,233.00 10145520640021014552 WATER 064002 CAP OULTLAY/IMPROVEMENT $ 128,138.00 $ - MOVED TO FUND 300 PER CALL WITH HCD 10145530640021014553 SEWER 064002 CAP OULTLAY/IMPROVEMENT $ 162,500.00 $ - MOVED TO FUND 300 PER CALL WITH HCD 10146000905001014600 HCD SETTLEMENT AGREEMENT 090500 INELIGIBLE COSTS TO REPAY $ 89,360.00 $ 89,360.00 $ 89,360.00 TOTAL EXPENDITURES $ 10,046,771.19 $ 9,381,080.15 $ 7,609,844.15 SURPLUS/DEFICIT $ (2,617,219.96) $ (1,438,341.15) $ 189,675.85 REVENUES $ 7,429,551.23 $ 7,942,739.00 $ 7,799,520.00
SALARIES $ 5,310,584.34 $ 5,499,800.00 $ 4,828,490.00
SALARY % 71% 69% 62%

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: September 10, 2024
DEPARTMENT: City Services
FROM: Joseph Avina, Acting Director of City Services
Agenda Title: Valencia & Linda Vista Dr. Rehabilitation Improvement Project Notice of Completion

ACTION & RECOMMENDATION
Accept the Valencia Street and Linda Vista Drive - Street, Sidewalk, and Drainage Improvements Project as complete; and direct the City Clerk to file a “Notice of Completion” with the County Recorder with the 1-year warranty period beginning upon recordation.

BACKGROUND | ANALYSIS
Council approved Witbro Inc, dba Seal Rite Paving & Grading as the selected Contractor for the Valencia Street and Linda Vista Drive: Street, Sidewalk and Drainage Improvements Project on March 28, 2023. Witbro Inc. was issued the Notice to Proceed on April 26, 2023. Work began in October 2022 but was not completed until June/July 2023 due to the extreme weather conditions that occurred during Winter 2023.

Financial Report:

Project Budget:

Contract Amount:

Contract Adjustment:
$2,000,000.00
$1,605,821.02
Contract Change Orders: $ 165,380.88
Total Contract Amount $1,724,720.54
Approved Change Orders/Contract Adjustments:

1. Lower shallow water services

2. 32 new mailboxes

3. Concrete pipe removal

4. Remove & replace fire hydrant

5. Earthwork, grading, and compaction on Linda Vista Drive

6. Additional mailboxes

7. 9 sewer cleanouts adjustment

FISCAL IMPACT
Fund No. Fund Description Budget Budget FY
200 Street Improvement Fund $1,200,000 2022-2023 CIP (pg 9) 263 Measure R-Bike & Ped Funding $ 550,000 2022-2023 CIP (pg 9) 200 Street Improvement Fund $ 233,582 2023-2024 CIP (pg 125) Item #: 12.5
Action Items
($ 46,481.36)

ATTACHMENTS

1. Notice of Completion

2. Warranty Letter
Reviewed/Approved: ______

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Lindsay
City Clerk
P.O. Box 369
Lindsay, CA 93247
_______________________________________________________________________________________________________ (Valencia Street and Linda Vista Drive) Space above this line for Recorder’s Use

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

Notice is hereby given that:

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

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

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

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

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

NAMES ADDRESSES
_______________________________________________________________________________________________________ _______________________________________________________________________________________________________

6. Work improvement on the property hereinafter described was completed on July 29, 2024. The work done included the reconstruction of pavement, curb, gutter, and sidewalk as well as installation of a 24” storm drain system, manholes, drop inlets, mailboxes, and minor landscape repairs.

7. The name of the Contractor, if any, for such work or improvement was Witbro Inc., dba Seal Rite Paving & Grading.

8. The property on which said improvement was completed is in the City of LINDSAY, County of TULARE, State of California, and is described as follows: Valencia Street and Linda Vista Drive: Street, Sidewalk and Drainage Improvements Project

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

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

Executed on at Lindsay, California.
(Date of signature) (City where signed)
______________________________________________
(Personal signature of the individual who is swearing
that the contents of the notice of completion are true.) CSLB #805585-A
4237 W. Swift Ave.

Fresno, CA 93722
P: (559) 222-7325
F: (559) 325-0760
sealritepaving.com
CSLB #805585-A

ONE YEAR WARRANTY
Date: July 29th, 2024
Guarantee for: City of Lindsay – Valencia St & Linda Vista Dr Street Improvements 150 North Mirage,
Lindsay, CA 93247
We hereby guarantee that _Seal Rite Paving & Grading_ performed the City of Lindsay – Valencia St & Linda Vista Dr Street Improvements bid scope of work at the above stated site, that the work has been completed in accordance with the plans and specifications, including any change orders, and that the work, as installed, will fulfill the requirements of the guarantee included in the specifications.

We further agree to repair or replace any or all of our work, together with any other adjacent work which may be displaced by doing so, that may prove defective in its workmanship or materials, without expense whatsoever to the Owner, for the period of One (1) full year from the date of the Owner’s acceptance. Ordinary wear and tear, unusual abuse, and the sole negligent acts or Contractor and Owner excepted.

In the event of our failure to comply with this agreement within one (1) week, seven (7) calendar days, after having been notified in writing by the Owner or Contractor, we collectively and/or separately do hereby authorize the Owner to proceed in having said defects repaired and made good at our expense, and we will honor and pay the charges therefrom upon demand.

Contractor : _Seal Rite Paving & Grading__
Signed: _
Name/Title: Brooke Ashjian, CEO
Date: 7/29/2024
Address:__4237 W Swift Ave., Fresno, CA 93722
Phone: __(559) 222-7325___________________
Contractor’s License #: __805585____________

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: September 10, 2024
DEPARTMENT: City Services
FROM: Kira Stowell, Contract City Planner
AGENDA TITLE: Resolution 24-33 Tulare County Multi-Jurisdiction Local Hazard Mitigation Plan and City of Lindsay Annex D

ACTION & RECOMMENDATION
Approve Resolution No. 24-33, a Resolution of the City Council of the City of Lindsay adopting the Tulare County Multi Jurisdiction Local Hazard Mitigation Plan and City of Lindsay Annex D as requested by Federal Emergency Management Agency (FEMA) for non-mandatory compliance with Assembly Bill (AB) 2140.

BACKGROUND | ANALYSIS
The Tulare County Multi Jurisdiction Local Hazard Mitigation Plan identifies potential threats and related mitigation plans for identified threats. Flooding, drought, extreme heat and dam inundation and their related impact on pumps, lift stations, bridges and other infrastructures are a few examples of the threats identified in the plan. The full plan is included as an attachment to this staff report.

Through the Disaster Mitigation Act of 2000, this plan is a required condition for future funding for mitigation projects under FEMA pre- and post- disaster mitigation grant programs. The City of Lindsay Annex D outlines potential hazards and a mitigation strategy specific to the City of Linday. The City's adoption of the resolution demonstrates the jurisdiction's commitment to fulfilling mitigation goals and objectives as outlined in this plan.

The plan was submitted to, and approved by, the California Office of Emergency Services (OES) and FEMA.

FEMA now requests the City Council Resolution for adoption and for compliance with AB 2140 and to be included in the Safety Element of the General Plan.

ENVIRONMENTAL REVIEW
This action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to subdivision (b)(3) of CEQA Guideline 15061, “common sense exemption”.

FISCAL IMPACT
There is no fiscal impact associated with this action at this time. In the case of a disaster, this plan is a required condition for future funding for mitigation projects under FEMA pre- and post- disaster mitigation grant programs.

ATTACHMENTS

1. AB 2140 Fact Sheet

2. Tulare County Multi-Jurisdiction Local Hazard Mitigation Plan City of Lindsay Annex D

3. Resolution 24-33
Reviewed/Approved: ______
Item #: 12.6
Action Items

Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
What is AB 2140?
Passed in 2006, Assembly Bill No. 2140 (AB 2140) allows California counties and cities to be considered for additional state cost-share on eligible Public Assistance projects by adopting their current, FEMA-approved local hazard mitigation plans (LHMPs) into the Safety Element of their General Plan. This adoption, along with other requirements, makes the county or city eligible to be considered for part or all of its local-share costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act (CDAA). For more information regarding Public Assistance, please visit Cal OES Public Assistance Division.

How Can AB 2140 Help Counties, Cities, and Your Citizens? For eligible Public Assistance projects, the typical local (non-federal) cost share is 25% of the total project cost. CDAA can allow the state to pay up to 18.75% of the nonfederal share, that would otherwise fall upon the county or city, to pay for eligible Public Assistance projects once the legislature has passed a bill allowing additional state funding after a disaster occurs. Upon approval of the legislature, counties and cities that are AB 2140 compliant are also eligible to be considered for the remaining

6.25% local share to be funded by the state, essentially covering the entire local-share cost for eligible Public Assistance projects. Please note that funding is not guaranteed.

What Do You Need to Know?  AB 2140 is not a requirement; it is an optional state incentive to help counties and cities become more resilient to natural hazards. Be sure to work with your planning department as the process proceeds.
 There are multiple steps that must be completed before Cal OES can issue a letter of AB 2140 compliance. These steps are listed in detail below in the section What Are the Steps to Become AB 2140 Compliant?  Be aware that adopting the LHMP via a formal resolution is a federal requirement for FEMA to officially “approve” the LHMP and does not make your jurisdiction automatically AB 2140 compliant. AB 2140 is a state incentive which also requires adopting your LHMP into the Safety Element of your General Plan.

However, both adoptions can take place at the same time using the same adoption resolution.
 AB 2140 compliance expires when the LHMP expires. You must re-adopt the LHMP itself AND adopt the LHMP into the Safety Element of your General Plan each time you update your LHMP in order to continue compliance.  For multi-jurisdiction hazard mitigation plans (MJHMPs), the county and each city in the MJHMP must adopt its own specific annex into its own General Plan

Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
Safety Element. Annex jurisdictions are not covered under the county’s adoption.
 Special districts are not eligible for AB 2140 compliance as they do not have General Plans.
 For additional information on General Plan and Safety Element requirements please contact the California Office of Planning and Research (OPR).

What Are the Steps to Become AB 2140 Compliant?

1. Complete and submit an LHMP to the Governor’s Office of Emergency Services (Cal OES).
a. Cal OES will provide an initial review and, if applicable, request required revisions based on the FEMA LHMP Guidance.
b. Once Cal OES has determined the plan has met all FEMA LHMP requirements, Cal OES will then forward the LHMP to FEMA for final formal review and approval.
c. For questions or assistance, please contact the Cal OES Local Mitigation Planning Unit at [email protected].

2. LHMP adoption AND adoption into the Safety Element of the General Plan a. Adopt the LHMP via a formal resolution following your jurisdiction’s typical procedure once FEMA has issued “approvable pending adoption” (APA) status for your LHMP to be officially “approved.”
i. A sample adoption resolution for your LHMP is provided in Appendix B of the FEMA LHMP Policy Guide.
b. At this time, you may also choose to adopt the LHMP into the Safety Element of your General Plan using the same resolution. i. Within the Safety Element update adoption resolution, there must be language specific to adopting the LHMP into the Safety Element of the General Plan, and the resolution must be signed and approved before the LHMP expires. This adoption can occur at the same time the LHMP is adopted to comply with FEMA requirements, or it can occur after the LHMP is approved but before it expires after five years.
c. At any time during the life of an approved LHMP a jurisdiction may choose to adopt the LHMP into the Safety Element of their General Plan, however, when the LHMP expires, AB 2140 compliance will also expire.

Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities

3. Safety Element Language
a. The local agency must include language specific to the LHMP within the Safety Element of their General Plan and make the LHMP easily accessible as a weblink, appendices, or attachment.
b. Jurisdictions should follow their own internal procedures for Safety Element language, however, below is sample language that may be used:
i. “The Local Hazard Mitigation Plan (LHMP) for the [Add Jurisdiction Name] planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. (Add a web link or language directing to the LHMP attachment or appendix within the Safety Element.

Discussed further in step #4 below.)”

4. LHMP Accessibility and Links
a. The current, approved LHMP must be easily accessible and available to the public viewing the Safety Element. This requirement can be met by linking the LHMP electronically to the General Plan Safety Element or by including the LHMP in its entirety as an attachment or appendix in the Safety Element and referencing its location with the plan. b. Web links should be monitored so that they are in working condition and bring the viewer to the most recent approved version of the LHMP.

5. E-mail the link to the updated General Plan Safety Element web page along with the signed, adoption resolution(s) to the Cal OES Mitigation Planning inbox [email protected] for review and approval.

Frequently Asked Questions
Q: Who do I contact if I have additional questions regarding my LHMP or AB 2140 status?
A: The Cal OES Local Hazard Mitigation Planning team at [email protected].

Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
Q: If a county is AB 2140 compliant, are its cities automatically covered? A: No. Each county and city must:

1. Have either your own stand-alone LHMP or have an annex in a MJHMP.

2. Have adopted your approved stand-alone LHMP or annex into your own General Plan Safety Element.

Q: Can a jurisdiction obtain AB 2140 compliance before their LHMP is approvable pending adoption (APA) from FEMA?
A: No. The LHMP must be either APA or officially “approved” by FEMA before you may adopt to obtain AB 2140 compliance.

Q: Are special districts covered under their county’s LHMP since they do not have their own general plan?
A: No. Special districts are not qualified for additional cost share under AB 2140 because they do not have a General Plan.

Q: If a county or city becomes AB 2140 compliant, does this compliance last forever?
A: No. AB 2140 compliance expires on the day the LHMP expires. You must re-adopt your LHMP into your General Plan Safety Element each time you update your LHMP.

Q: Once a county or city becomes AB 2140 compliant, are they guaranteed funding?
A: No. You will be eligible to be considered for additional CDAA funding upon approval of the legislature. There is no guarantee of funding.

Q: Can a city or county adopt their LHMP to obtain AB 2140 compliance at the same time they adopt their LHMP to fulfill the FEMA requirement when the LHMP is approvable pending adoption?
A: Yes, this is a viable option. It is crucial, however, that Cal OES receives a copy of the adoption resolution to ensure compliance. Your jurisdiction is not compliant until Cal OES has documentation.

Q: If the actual LHMP is added to the General Plan, but not within the Safety Element, is language still required in the Safety Element? A: Yes, language specific to the LHMP and a web link, appendix, or language within the Safety Element that directs the public to the most current, approved LHMP in its entirety is required to be in the Safety Element.

Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
AB 2140 Compliance Checklist
In order to issue a letter of AB 2140 compliance, Cal OES will review and verify that your jurisdiction has performed the following:

Has a current, FEMA-approved or approvable pending adoption (APA) LHMP.

Formally adopted the LHMP via resolution.

Formally adopted the most current, approved LHMP into the Safety Element of your General Plan via resolution.

Included language within the Safety Element of your General Plan that references your LHMP.

Included a web link, appendix, or language within the Safety Element that directs the public to the most current, approved LHMP in its entirety.

E-mailed the link to the updated General Plan Safety Element web page along with the signed, adoption resolution(s) to the Cal OES Mitigation Planning inbox [email protected] for review and approval.

For LHMP and AB 2140 Questions: [email protected] For Public Assistance and CDAA Questions: [email protected]

2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-1
Annex D City of Lindsay
This Annex summarizes the hazard mitigation elements specific to the City of Lindsay. This Annex supplements the Tulare County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP); therefore, the Annex is not a stand-alone plan but intended to supplement the hazard information provided in the Base Plan document. All other sections of the Tulare County MJHMP, or Base Plan, including the sections on the planning process, countywide risk assessment, and procedural requirements related to plan implementation and maintenance apply to the City of Lindsay. This Annex provides additional information specific to the City of Lindsay, including details on the City's profile, planning process, risk assessment, and mitigation strategy for the community.

The City of Lindsay was founded in 1889 and incorporated in 1910. The City provides the following services:
• Public safety (police and fire protection, ambulance) • Highways and streets
• Wastewater collection, treatment, and disposal
• Domestic water
• Storm drainage
The City contracts for solid waste collection and disposal.

The City of Lindsay has participated in the county wide planning. Within the city, several key staff members have contributed the project including:

Table D-1 City of Lindsay Contact
Name Agency Department Title Email
Joseph Avina City of Lindsay City Services Acting Director of City Services
[email protected]
Kira Stowell QK Inc. Planning Planning
Consultant
[email protected]
The City of Lindsay has participated in Tulare County’s Stakeholder meetings on the following dates:
• June 27, 2021
• April 19, 2022
• July 19, 2022
D.1 Community Profile
Geography and Climate: The city has a total area of 2.6 square miles. The City is relatively flat with an elevation of approximately 387 feet above sea level. Lindsay’s climate can be described as dry Mediterranean. The summers are hot and dry, and winters are characterized by moderate temperatures 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-2
and light precipitation. Temperatures and rainfall for Lindsay are typical of that of the rest of the valley floor portion of the County.

Figure D-1 City of Lindsay Map
History: The City of Lindsay, founded in 1889 and incorporated in 1910, is located in the central southern area of Tulare County in the heart of the agriculturally rich San Joaquin Valley.

Government: Lindsay operates as a council-manager form of municipal government which is comprised of five council members serving four-year overlapping terms. The mayor is elected separately.

Population and Demographics: The 2020 U.S. Census reported that Lindsay had a population of 12,659.

The population density was 4,647.2 people per square mile (1,741.1/km²). The racial makeup of Lindsay was 3,246 (%) White; 59 (%) African American; 230 (%) Native American; 204 (2.3%) Asian; 17 (%) Pacific Islander; 6,813 (%) from other races; and 2,090 (%) from two or more races. Hispanic or Latino of any race were 11,162 persons (%). The Census reported that 11,672 people (% of the population) lived in households, no one (0%) lived in non-institutionalized group quarters, and 96 people (0.8%) were institutionalized.

There were 3,866 households, out of which 1,468 had children under the age of 18 living in them, 2,077 were opposite-sex married couples living together, 869 had a female householder with no husband 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-3
present, 635 had a male householder with no wife present. There were 285 unmarried opposite-sex partnerships, and 0 same-sex married couples or partnerships. 614 households were made up of individuals and 390 had someone living alone who was 65 years of age or older. The average household size was 3.29.

There were 2,530 families (% of all households); the average family size was 3.83.

Housing: There were 3,193 housing units at an average density of 1,223.5 per square mile, of which 1,526 (50.6%) were owner-occupied, and 1,488 (49.4%) were occupied by renters. The homeowner vacancy rate was 2.0%; the rental vacancy rate was 6.2%. 5,909 people (50.2% of the population) lived in owneroccupied housing units and 5,763 people (49.0%) lived in rental housing units.

Economy: Lindsay serves primarily as a bedroom town. Local commerce is composed of mostly small, family-owned businesses. The economy of Lindsay is largely based on agriculture and food production.

Land use: Lindsay is located along State Highway 65 approximately midway between the community of Strathmore and the City of Exeter (approximately 5 miles north of Strathmore and 7 miles southeast of Exeter).

Major transportation routes serving Lindsay include State Highway 65, State Highway 137, State Route 63, State Highway 99, and State Highway 198. Lindsay’s close vicinity to these major transportation routes provides an attractive location for industrial activity and trucking related operations. Lindsay has reached a threshold where its greatest challenge is to attract and sustain economic growth that will be beneficial to its citizens, while enhancing the physical and cultural character of the community. While residents of Lindsay enjoy the slow pace of a small rural community, the City has aggressively pursued economic development opportunities through new industrial and commercial projects.

The Lindsay planning area is dominated by residential, commercial and industrial use, with supporting public and semi-public facilities such as schools, parks, government offices, churches, hospital and public utilities. The City is surrounded by agricultural land which is mostly devoted to orange and olive groves, with some irrigated pasture and field crops to the north. In comparison with other cities in Tulare County, the Lindsay urban area is compact with relatively little developed area within the unincorporated fringe.

Development trends: The City plans for future growth through the implementation of policies and standards set forth in its General Plan which states that development is to occur only within the incorporated City Limits with certain exceptions. Table D-2 provides a projection for population growth in Lindsay.

Table D-2: Lindsay Historic and Projected Population Growth Year Tulare County Lindsay % of Total County
Population
1990 311,921 8,338 2.7%
2000 368,021 10,297 2.8%
2010 442,179 11,768 2.7%
2025 594,719 16,391 2.8%
2030 650,466 18,098 2.8%
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-4
Source: 2020 Census Data
Notes: 1) 1990 to 2010 population data based on 2020 U.S. CensusData 2) 2025 to 2030 population projection based in 1990 to 2010 average annual growthrates Development in hazard prone areas:

Because population growth was less than two percent per year since approval of the 2018 MJLHMP, there has been no development in hazard prone areas that has affected overall vulnerability of the County.

Development that did occur was primarily infill in urban areas where vulnerabilities are well understood and described.

The new MJLHMP addresses the new hazard of climate change. This hazard impacts the entire City.

Development in the City, the State and globally with increased carbon emissions will result in increasing overall vulnerabilities to its impacts.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-5
D.2 HAZARDS IDENTIFICATION AND ANALYSIS
Hazards: Lindsay faces many of the hazards that are present in the County. Table D-3 below provides a summary of hazards. Hazards in the City with unlikely frequency, limited extent, limited magnitude and low significance were not included.

Source: 2013 FEMA Local Mitigation Planning Handbook
Guidelines for Hazard Rankings
Frequency of Occurrence:

Highly Likely Near 100% probability in next year
Likely Between 10 and 100% probability in next year or at least one chance in ten years Occasional Between 1 and 10% probability in next year or at least one chance in next 100 years Unlikely Less than 1% probability in next 100 years
Spatial Extent:

Limited Less than 10% of planning area
Significant 10-50% of planning area
Extensive 50-100% of planning area
Potential Magnitude: Significance (subjective):

Catastrophic More than 50% of area affected low, medium, high Critical 25 to 50% of area affected
Limited 10 to 25% of area affected
Negligible Less than 10%
Table D–3: Lindsay Summary of Hazards
Hazard Frequency Extent Magnitude Significance Location Climate Change Highly Extensive Catastroph High Entire City Drought Likely Extensive Catastroph High Entire City
Earthquake: Shaking Occasional Extensive Limited Low Entire City Flood Likely Extensive Critical High Figure 4-57 of Base Plan Energy Emergency Occasional Extensive Critical Medium Entire City Extreme Heat Highly Extensive Critical High Entire City Fire Unlikely Limited Limited Low Entire City
Fog Likely Extensive Limited Low Entire City
Hazardous Materials Likely Limited Limited Low Entire City Levee Failure Occasional Limited Limited Medium Entire City Pandemic and Vector
Borne Disease
Likely Extensive Critical Medium Entire City
Severe Storms
and High Winds
Highly
Likely
Significant Limited Medium Entire City
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-6
D.3 RISK ASSESSMENT
The intent of this section is to assess Lindsay’s vulnerability separate from that of the Operational Area as a whole, which has already been assessed in Chapter 4 Risk Assessment in the base plan. This risk assessment analyzes the population, property, and other assets vulnerable to the hazards ranked of medium or high significance that may vary from other parts of the planning area. For more information about how hazards affect the County as a whole see Chapter 4 of the base plan.

Infrastructure and Values at Risk:

The following data was provided by the Director of City Services. This data should only be used as an estimate to determine overall values in the City as the information has some limitations. Generally, the land itself is not a loss. Table D-4 shows the 2023 inventory for the City.

Table D-4: Lindsay 2023 Asset Inventory
Name Address Value Hazard Vulnerability
CCPI Discharge Line-3
booster pumps 23620 Road 180 $1,500,000 Earthquake, 500-Year Floodplain, Dam Flood, Fog City Park Parkside Avenue and E.

Alameda Street $3,000,000 Earthquake, 500-Year Floodplain, Fog City Services Department 150 N. Mirage Avenue $150,000 Earthquake, Fog Friant Kern Canal E. Honolulu Street $500,000 Earthquake, 500-Year Floodplain, Fog
Harvard Park N. Harvard Avenue $500,000 Earthquake, 100-Year Floodplain, Fog
Harvard Ponding Basin N. Harvard Avenue and
E. Tulare Rd $500,000 Earthquake, 100-Year Floodplain,
Fog
Hickory Lift Station Hickory/Tulare Road $250,000 Earthquake, Fog Kaku Park N. Olive Avenue and W.

Samoa Street $200,000 Earthquake, Fog
Lindsay City Hall 251 E. Honolulu Street $1,000,000 Earthquake, Fog Lindsay Corporation Yard 476 N. Mount Vernon
Avenue $250,000 Earthquake, Fog
Lindsay Department of
Public Safety
185 N. Gale Hill Avenue $250,000 Earthquake, Fog
Lindsay Historical
Museum
Gale Hill Avenue $100,000 Earthquake, 500-Year Floodplain, Fog
Lindsay Library 157 N. Mirage Avenue $500,000 Earthquake, Fog Lindsay Soccer Complex 801 N. Elmwood Avenue $500,000 Earthquake, 500-Year Floodplain, Fog
Lindsay Sewer Treatment
Facility
23611 Rd. 196 $30,000,000 Earthquake, Fog
Lindsay Wellness
Center/Aquatic Center 740 N. Sequoia Avenue $2,500,000 Earthquake, 500-Year Floodplain, Fog Mariposa Ponding Basin 10 Acres Mariposa/Hwy
65 $150,000 Earthquake, Fog
Mason House Museum
and Gallery
147 N. Gale Hill Avenue $125,000 Earthquake, Fog
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-7
Table D-4: Lindsay 2023 Asset Inventory
Name Address Value Hazard Vulnerability
Olive Bowl Baseball Field S. Olive Avenue and W.

Apia Street $700,000 Earthquake, Fog
Parking lot E. Elmwood Avenue and
E. Honolulu Street $100,000 Earthquake, Fog
Lindsay Community
Center
911 N. Parkside Avenue $250,000 Earthquake, 500-Year Floodplain, Fog
Sequoia Lift Station Sequoia/Hickory $500,000 Earthquake, Fog Sequoia Ponding Basin Sequoia Avenue and E.

Alameda Street $250,000 Earthquake, 500-Year Floodplain, Fog Sweet Brier Plaza 195 N Sweetbriar Avenue $2,000,000 Earthquake, Fog Well # 11 W. Mariposa Street $1,500,000 Earthquake, Fog Well # 14 Avenue 242 $1,500,000 Earthquake, Fog
Well # 15 Rd 188 $2,000,000 Earthquake, Fog
Source: City of Lindsay City Services Department
Critical Facilities: The City has identified the following infrastructure in Table D-5 as critical facilities:

Table D-5: Lindsay 2023 Critical Facilities
Facility Address Value Hazard Vulnerability
CCPI Discharge
Line-3 booster
pumps
23620 Road 180 $1,500,000 Earthquake, fog
City Services
Department
150 N. Mirage Avenue $150,000 Earthquake, fog
Friant Kern Canal E. Honolulu Street $500,000 Earthquake, fog Harvard Ponding
Basin
N. Harvard Avenue and
E. Tulare Rd $500,000 Earthquake, fog
Hickory Lift Station Hickory/Tulare Road $250,000 Earthquake, fog Lindsay City Hall 251 E. Honolulu Street $1,000,000 Earthquake, fog Lindsay Corporation
Yard
476 N. Mount Vernon
Avenue $250,000 Earthquake, fog
Lindsay Department
of Public Safety
185 N. Gale Hill
Avenue
$250,000 Earthquake, fog
Lindsay Sewer
Treatment Facility
23611 Rd. 196 $30,000,000 Earthquake, fog
Lindsay Wellness
Center/Aquatic
Center
740 N. Sequoia Avenue $6,100,000 Earthquake, fog
Mariposa Ponding
Basin
10 Acres
Mariposa/Hwy
65 $150,000 Earthquake. Fog
Lindsay Community
Center
911 N. Parkside
Avenue
$250,000 Earthquake, fog
Sequoia Lift Station Sequoia/Hickory $500,000 Earthquake. Fog Sequoia Ponding
Basin
Sequoia Avenue and E.

Alameda Street $250,000 Earthquake, fog
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-8
Well # 11 W. Mariposa Street $1,500,000 Earthquake, fog Well # 14 Avenue 242 $1,500,000 Earthquake, fog
Source: City of Lindsay City Services Department
Populations and Businesses at Risk: Residential population data for the City was obtained from the State of California Department of Finance E-1 Population Estimates for Cities, Counties, and the State— January 1, 2016/2017. The population is estimated to be 12,980 in an area of 2.6 square miles. The estimate is 3,575 residential units with a 2016 median value of $134,559. The most common employment sectors for those who live in Lindsay are agriculture, retail trade, and manufacturing.

Economic Risks: The economy of Lindsay is largely based on agriculture and food production. The City serves mostly as a commuter town with many residents having to travel to larger population centers to seek employment. Local commerce is composed of mostly small, family-owned businesses.

Vulnerability and Potential Losses: A risk assessment determines the vulnerability of assets within the City by evaluating the inventory of City owned existing property and the population exposed to a hazard. A quantitative vulnerability assessment is limited to the exposure buildings, and infrastructures to the identified hazards. This risk assessment includes only those hazards that are natural. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-9
D.3.1 Vulnerability to Specific Hazards
This section provides the vulnerability assessment, including any quantifiable loss estimates, for those hazards identified in Table D-3 as high or medium significance hazards. Impacts of past events and vulnerability of the City to specific hazards are further discussed below (see Section 4.1 Hazard Identification in the Base Plan for more detailed information about these hazards and their impacts on the Tulare County Planning Area). Methodologies for evaluating vulnerabilities and calculating loss estimates are the same as those described in Section 4.3 of the Base Plan.

FEMA requires that an estimation of loss be conducted for the identified hazardsto include the number of potential structures impacted by the hazards and the total potential costs. The analysis of potential losses calculated in Sections D.3.2 through D.3.7 used the best data currently available to produce an understanding of potential loss. These estimates may be used to understand relative risk from hazards and potential losses. There are uncertainties in any loss estimation method, resulting from lack of scientific study and the exact result of hazard effects on the built environment, and from the use of approximations that are necessary for a comprehensive analysis.

Based upon previously occurring incidents and the risk assessment, the following hazards are most likely to affect the City of Lindsay:
• Climate Change
• Drought
• Earthquake
• Extreme heat
• Flood
• Severe Storms and High Winds
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-10
D.3.2 Climate Change
Hazard Profile and Problem Description
Climate change adaptation is a key priority of the State of California. The 2018 State of California MultiHazard Mitigation Plan stated that climate change is already affecting California. Sea levels have risen by as much as seven inches along the California coast over the last century, increasing erosion and pressure on the state’s infrastructure, water supplies, and natural resources. The State has also seen increased average temperatures, more extreme hot days, fewer cold nights, seal level, and precipitation patterns, the intensity of extreme weather events is also changing.

Location and Extent
Climate change is a global phenomenon. It is expected to affect the whole of Lindsay, Tulare County, and the State of California. There is no scale to measure the extent of climate change. Climate change exacerbates other hazards, such as drought, extreme heat, and flooding. The speed of onset of climate change is terribly slow. The duration of climate change is not yet known but is feared to be tens to hundreds of years.

Past Occurrences
Climate change has never been linked to any declared disasters. While the City noted that climate change is of concern, no specific impacts of climate change could be recalled. The City and HMPC members noted that the strength and intensity of storms does seem to be increasing and the temperatures are getting hotter.

Vulnerability to and Impacts from Climate Change
The California Adaptation Planning Guide (APG) prepared by California OES and CNRS was developed to provide guidance and support for local governments and regional collaboratives to address the unavoidable consequences of climate change. California’s APG: Understanding Regional Characteristics has divided California into 11 different regions based on political boundaries, projected climate impacts, existing environmental setting, socioeconomic factors and regional designations. Tulare County falls within the Southern Central Valley Region characterized as largely agricultural, with cities inland. The region also stretches into the foothills of the Sierra Nevada and is known as a prominent tourism access point for Yosemite National Park, Kings Canyon National Park, and Sequoia National Park. Several communities in the region rely on tourism. This information can be used to guide climate adaptation planning in the City and Tulare County Planning Area.

The California APG: Understanding Regional Characteristics identified the following impacts specific in which the Tulare County Planning Area is part of:
 Temperature increases
 Decreased precipitation
 Reduced snowpack
 Ecosystem change
 Sensitive species stress
 Flooding
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-11
 Decrease in tourism – Sierra Nevada foothills.
 Wildfire risk in the Sierra Nevada foothills
Future Development
The City could see population fluctuations as a result of climate impacts relative to those experienced in other regions, and these fluctuations are expected to impact demand for housing and other development.

While there are currently no formal studies of specific migration patterns expected to impact the City and County region, climate-induced migration was recognized within the UNFCCC (United Nations Framework Convention on Climate Chage) Conference of Parties Paris Agreement of 2015 and is expected to be the focus of future studies.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-12
D.3.3 Drought & Water Shortage
Hazard Profile and Problem Description
Drought is a complex issue involving many factors – it occurs when a normal amount of precipitation and snow is not available to satisfy an area’s usual water-consuming activities. Drought can often be defined regionally based on its effects. Drought is different than many of the other natural hazards in that it is not a distinct event and usually has a slow onset. Drought can severely impact a region both physically and economically. Drought affects different sectors in different ways and with varying intensities. Adequate water is the most critical issue and is critical for agriculture, manufacturing, tourism, recreation, and commercial and domestic use. As the population in the area continues to grow, so will the demand for water.

Location and Extent
Drought and water shortage are regional phenomena. The whole of the County, as well as the whole of the City, is at risk. The US Drought Monitor categorizes drought conditions with the following scale:
 None
 D0 – Abnormally dry
 D1 – Moderate Drought
 D2 – Severe Drought
 D3 – Extreme drought
 D4 – Exceptional drought
Drought has a slow speed of onset and a variable duration. Drought can last for a brief period of time, which does not usually affect water shortages and for longer periods. Should a drought last for an extended period of time, water shortage becomes a larger issue. Current drought conditions in the City and the County are shown in Section 4.3.2 of the Base Plan.

Past Occurrences
There have been three state disaster declarations and zero federal disaster declaration from drought.

This can be seen in Table D-6.

Table D-6 Tulare County - State and Federal Drought Disaster Declarations 2014 - 2022 Disaster Type Count
State Declarations
Years Count
Federal Declarations
Years
Drought 1 2014 0
1 2021
1 2022
Source: Cal OES, FEMA
Since drought is a regional phenomenon, past occurrences of drought for the City are the same as those for the County and includes multi-year droughts since 2012, according to drought declaration from USDA for the County. Details on past drought occurrences can be found in Section 4.3.2 of the Base Plan.

In the most recent drought starting in 2014, according to data from Cal OES/FEMA, mandatory conservation measures were followed; grass, trees, and other greenery in parks, medians and other 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-13
common areas maintained by the City were significantly altered and replaced with drought tolerant and native plants. The City was able to mitigate some of the local impacts associated with drought through an increase in water conservation measures.

Vulnerability to and Impacts from Drought and Water Shortage Based on historical information, the occurrence of drought in California, including the City, is cyclical, driven by weather patterns. Drought has occurred in the past and will occur in the future. Periods of actual drought with adverse impacts can vary in duration, and the period between droughts can be extended.

Although an area may be under an extended dry period, determining when it becomes a drought based on impacts to individual water users.

The vulnerability of the City to drought is City-wide, but impacts may vary and include reduction in water supply and quality, and an increase in dry fuels. The potential for a reduction in water supply during drought conditions generally leads to both mandated and voluntary conservations measures during extended droughts. During these times, the costs of water can also increase. The increased dry fuels and fuel loads associated with drought conditions can also result in an increased fire danger. In areas of extremely dry fuels, the intensity and speed of fires can be significant. Water supply and flows for fire suppression can also be an issue during extended droughts.

With more precipitation likely falling as rain instead of snow in the Sierra’s and warmer temperatures causing decreased snowfall to melt faster and earlier, water supply is likely to become more unreliable. In addition, drought and water shortage is predicted to become more common. This means less water available for use over the long run, and additional challenges for water supply reliability, especially during periods of extended drought.

Impacts
The vulnerability of the City to drought is City-wide, but impacts may vary and include reduction in water supply and an increase in dry fuels. The potential for a reduction in water supply during drought conditions generally leads to both mandated and voluntary conservation measures during extended droughts. During these times, the costs of water can also increase.

People
The historical and potential impacts of drought on populations include agricultural sector job loss, secondary economic losses to local businesses and public recreational resources, increased cost to local and state government for large-scale water acquisition and delivery, and water rationing and water wells running dry for individuals and families. As drought is often accompanied by prolonged periods of extreme heat, negative healthy impacts such as dehydration can also occur, where children and elderly are most susceptible. Air quality often declines in times of drought which can affect those with respiratory ailments.

Social Vulnerability
The population that would be impacted by a severe drought or water shortage is considered a disadvantaged community by the State Water Board (DAC Mapping Tool – Census Tracts: ACS: 2016-2020).

Further, the economically impaired elderly population could be most vulnerable in a drought and water 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-14
shortage condition do the need of delivered and purchasing of water from outside sources. Having the ability to purchase water from an outside source (such as water bottles, containers or cases of water), and being able to pick up large amounts of water could be most challenging for the elderly. The cost of outsourced water could also be an effect for those families in the City who do not have the income flexibility for an unforeseen expense or rise in water cost.

Government Services
A drought or water shortage would also pull city staff away from other duties, while the city staff works under a disaster declaration to prioritize and alleviate the drought and water shortage as urgently as possible. In this scenario additional water restrictions and conservation measures would be necessary. If the drought causes subsidence and impacts infrastructure, the city will need to focus on water infrastructure repairs, and possible water quality issues.

Critical Facilities
The majority of critical facilities which would be impacted are water system distribution facilities. If a drought of severity occurred, the city wells would likely be negatively affected by requiring the need to lower the pumping levels of the well. When water levels are changing due to drought, the water system could be impacted by changes in potable water quality.

Services that require ample water supply and pressure, such as firefighting services, would be impacted if a water shortage or drought impacted water psi in the distribution system, or reduced the amount of water available for such services.

Economy
The extent of impact to the economy is difficult to quantify, as it would depend on the duration of a the drought or water shortage, and ability for businesses to adapt by procuring water from sources outside of the city’s capabilities.

Historic, Cultural and Natural Resources
Natural resources would be at risk of negative impacts from a drought due to the adverse effect it could have on local streams, wetlands, and an irrigation lake, which host a variety of wildlife.

The impact to wildlife would be a cause of droughts effect on natural resources in the area. Vegetation would also be impacted, as drought would dehydrate plant life, while a shortage of water would require aggressive irrigation measures which would further cause dehydration of habitats.

Future Development
As the population in the area continues to grow, so will the demand for water. Water shortages in the future may be worsened by drought, as the City relies on ground water for its water source. Increased planning will be needed to account for population growth and increased water demands. The City is actively pursuing upgrades to the water distribution system, with plans to add more wells, storage tanks, and pumps to the infrastructure.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-15
B.3.4 Earthquake
Hazard Profile and Problem Description
An earthquake is caused by a sudden slip on a fault. Stresses in the earth’s outer layer push the sides of the fault together. Stress builds up, and the rocks slip suddenly, releasing energy in waves that travel through the earth’s crust and cause the shaking that is felt during an earthquake.

Location and Extent
The Owens Valley fault zone is located on the eastern base of the Sierra Nevada and is a complex system containing both active and potentially active faults. The right-lateral Owens Valley fault zone in eastern California extends north from Owens Lake to beyond Big Pine. It passes through Lone Pine near the eastern base of the Alabama Hills and follows the floor of Owens Valley northward to the Poverty Hills and continues northwest across Crater Mountain and through Big Pine. The zone is located within Tulare and Inyo Counties and has historically been the source of seismic activity within the County.

Past Occurrences
The County has not experienced any earthquakes equal to or greater than M 5.5 in recent years. However, several historical earthquakes greater than M 5.5 have occurred within close vicinity of the County. The towns of Tehachapi and Arvin, in Kern County, were hit severely by the July M 7.3 1952 Kern County earthquake. Twelve persons died, many were injured, and $60 million property damage was sustained.

Damage to well-designed structures was slight, but old and poorly built buildings were cracked and many collapsed. Reinforced tunnels with walls 18 inches thick near Bealville were cracked, twisted, and caved in; rails were shifted and bent into S-shaped curves. Near Caliente, reinforced concrete railroad tunnels were demolished. Many aftershocks occurred, three over 6 on the Richter scale. One aftershock on August 22 (magnitude 5.8) centered near Bakersfield. It took two lives and caused extensive damage to many already weakened buildings. The Kern County earthquake, the largest with an epicenter in California since 1906, originated on the White Wolf Fault
Vulnerability to and Impacts from Earthquakes
Impacts to the City would include damages to infrastructure (roads, bridges, railroad tracks, etc.), damages and loss of services to utilities and critical infrastructure, damages to residential and commercial buildings, and possible loss of life and injuries. Earthquakes, though rare in Tulare County, can strike without warning and cause dramatic changes to the landscape of an area that can have devasting impacts on the built environment, on agricultural production, and the environment.

General Property
Unreinforced masonry building type structures consist of buildings made of unreinforced concrete and brick, hollow concrete blocks, clay tiles, and adobe. Buildings constructed of these materials are heavy and brittle, and typically provide little earthquake resistance. In small earthquakes, unreinforced buildings can crack, and in strong earthquakes, they have a tendency to collapse. These types of structures pose the greatest structural risk to life and safety of all general building types 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-16
People
It is common practice in California to participate in drills regarding earthquake safety, and there are many guides to be found listing what would help to prepare families and individuals in the case of an earthquake.

There are still vulnerable populations such as homeless, elderly, or disabled individuals who may not be able to navigate to safety during or after an earthquake.

Social Vulnerability
The populations most vulnerable to earthquake hazards would be those that rely on specific services or electrical power, which may not be available during or after an earthquake, or those which are homeless, would have a difficult time evacuating due to age or disability, cannot communicate easily due to speaking English less than well, for example.

Government Services
Damage to government facilities and infrastructure from a major earthquake would likely interrupt or delay the ability of local governments to delivery of services and could require temporary relocation of some operations. Regulatory waivers may be needed locally. Fulfillment of some contracts may be difficult.

Responders will initially experience similar impacts as the general public. However, in the aftermath of a major earthquake responders would likely be put in very hazardous circumstances as they attempt to save lives, protect property, and deliver essential services. Public confidence in government may be challenged by the public if planning, response, and recovery are not timely and effective Critical Facilities
Essential facilities including hospitals, medical clinics, schools, fire stations, police stations and emergency operations facilities and high potential loss (HPL) facilities include dams, levees, military installations, nuclear power plants and hazardous material sites. Should these facilities become damaged during an earthquake responses to emergencies resulting from the earthquake may be impacted.

Economy
Depending on its location and magnitude, an earthquake could have a devastating impact on the City’s economy. Impacts would be related to debris cleanup and management, building and infrastructure damage, and losses related to business and infrastructure interruption.

Historic, Cultural and Natural Resources
Earthquake effects on the environment, natural resources, and historic and cultural assets could be very destructive depending on the type of seismic activity experienced and secondary/cascading effects from an event (e.g., wildfire). The biggest impact would likely be on older properties such as wooden or masonry buildings, though reinforced masonry structures would be much more resilient during earthquakes.

Future Development
Future development in the City is not anticipated to significantly affect vulnerability to earthquakes when designed according to modern building codes. However, future development will result in a slight increase in exposure of the population, building stock, and related infrastructure to earthquakes. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-17
B.3.5 Severe Weather: Extreme Heat
Hazard Profile and Problem Description
According to FEMA, extreme heat is defined as temperatures that hover 10 degrees or more above the average high temperature for the region and lasts for several weeks.

Location and Extent
Heat is a regional phenomenon and affects the whole of the City. Heat emergencies are often slower to develop, taking several days of continuous, oppressive heat before a significant or quantifiable impact is seen. Heat waves do not strike victims immediately, but rather their cumulative effects slowly affect vulnerable populations and communities. Heat waves do not generally cause damage or elicit the immediate response of floods, fires, earthquakes, or other more “typical” disaster scenarios.

The NWS has in place a system to initiate alert procedures (advisories or warnings) when extreme heat is expected to have a significant impact on public safety. The expected severity of the heat determines whether advisories or warnings are issued. The NWS HeatRisk forecast provides a quick view of heat risk potential over the upcoming seven days. The heat risk is portrayed in a numeric (0-4) and color (green/yellow/orange/red/magenta) scale which is similar in approach to the Air Quality Index (AQI) or the UV Index. This can be seen in Section 4.3.2 of the Base Plan.

Past Occurrences
The City Planning Team noted that since extreme heat is a regional phenomenon, events that affected the County also affected the City. Those past occurrences were shown in the Base Plan in Section 4.3.2 Vulnerability to and Impacts from Extreme Heat
The City experiences temperatures in excess of 100o
F during the summer and fall months. The temperature
moves to 105-115o
F in rather extreme situations. During these times, drought conditions may worsen, and the City may see an increase in dry fuels. Also, power outages events may occur during these times as well.

Health issues are the primary concern with this hazard, although economic impacts can also be an issue, especially if sever heat events result in power outages.

General Property
The impact to general property caused by extreme heat is mainly due to its impact on vegetation in the City. With extreme heat, there is more susceptibility to very dry vegetation, which can create hazards for property due to the increased potential for fires. Extreme heat can be an indicator of drought like conditions, therefore with extreme heat water system property could be impacted due to strains on the system requiring potable water wells to require additional upgrades.

Extreme heat can put a strain on HVAC systems and the electrical supply in the City, due to households having prolonged air conditioning.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-18
People
Heat kills by taxing the human body beyond its abilities. In extreme heat and high humidity, evaporation is slowed, and the body must work extra hard to maintain a normal temperature. Most heat disorders occur because the victim has been overexposed to heat or has over-exercised for his or her age and physical condition. Older adults, young children, and those who are sick or overweight are more likely to succumb to extreme heat.

Extreme heat is more likely to affect vulnerable populations. Vulnerability to extreme heat will increase as the average age of the population in each City shifts. It is encouraged that nursing homes and elder care facilities have emergency plans or backup power to address power failure during times of extreme heat.

Low-income residents and homeless populations are also vulnerable. Cooling centers for these populations should be utilized when necessary.

Social Vulnerability
The most vulnerable groups to extreme heat are infants, children up to four years old, people 65 years and older, and people who are overweight. Athletes and outdoor workers are identified as higher risk groups for extreme heat conditions, since they are mostly active outdoors and have limited options for staying cool, and more likely to become dehydrated (cdc.gov).

Social groups who are low-income are considered at a higher risk from extreme heat since their access to air conditioning may not be available or limited.

Government Services
Extreme heat may impact electrical supply, and cause power outages. In these instances, government services can be hindered. If extreme heat exacerbates drought conditions, then it can also be an ancillary cause to municipal water supplies.

Critical Facilities
Extreme heat can have many impacts across different critical infrastructures. Power lines become less efficient from overheating during extreme heat events. Roadways, concrete structures, and sidewalks can develop cracks caused by extreme heat (cisa.gov). If extreme heat contributes to subsidence in the City, there can be further damage to infrastructure such as underground utilities and water systems.

Economy
Economical impacts from extreme heat can occur as a secondary effect from other vulnerability impacts previously discussed. For example, strains on households from higher electric bills, or break downs in municipal infrastructure can both be caused from extreme heat, which in turn impact the economical health of residents and the City budget.

There is a large agricultural industry within the City which can be strained due to extreme heat. When extreme heat occurs agriculture can be impacted by interrupting work schedules for outdoor laborers, and by impacting crop production.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-19
Historic, Cultural and Natural Resources
Natural resources in the City such as water ways and vegetation are at risk of negative impacts from long durations of extreme heat. An increase in dehydration of vegetation and evaporation from water ways can be detrimental to natural resources, causing drought conditions and higher risk for wildfires to develop.

Future Development
Future development of new buildings in the City will likely not be affected by extreme heat. Extreme heat is more likely to affect vulnerable populations. Vulnerability to extreme heat will increase as the average age of the population in the City shifts. It is encouraged that nursing homes and elder care facilities have emergency plans or backup power to address power failure during times of extreme heat and in the event of a PSPS. Low-income residents and homeless populations are also vulnerable. Cooling centers for these populations should be utilized when necessary.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-20
B.3.6 Flood
Hazard Profile and Problem Description
Flooding is the rising and overflowing of a body of water onto normally dry land. Floods are among the costliest natural disasters in terms of human hardship and economic loss nationwide.

Location and Extent
Flooding occurs in the city during periods of heavy rain due to inadequate drainage. The flat geography also contributes to ponding. Figure 4-57 in the plan shows the DFIRM Flood Zones.

Past Occurrences
Tulare County has received multiple historical floods resulting in both State and Federal Disaster Declarations, although The City of Lindsay has not directly received flooding of that extent.

General Property
There are no accurate costs values associated with past flood events. Future flood incidents will likely result in structural damage and lost economic activity. Flood cost could be in excess of $100,000,000.

The City of Lindsay participates in the National Flood Insurance Program. Table D-7 shows the reported policies as of September 30, 2022 (the latest NFIP data provided).

Table D-7 National Flood Insurance Program Participation Community
Name
Community
Number
Total
Premium
+ FPF
Total
Policy
Count
Total
Coverage
Total
Losses
Total
Net
Dollars
Paid
Lindsay,
City Of
060406 $126,326 214 $41,303,900 13 $53,516
People
Those in disadvantaged communities, are unhoused, or elderly or disabled may have difficulty navigating themselves to safety due to flooding or closed roadways. Lack of access to shelters or emergency services would impact many people in a community and would possibly put lives at risk. Floods kill more people trapped in vehicles than anywhere else. During a flood, people can also suffer heart attacks or electrocution due to electrical equipment short outs.

Social Vulnerability
Those in disadvantaged communities, are unhoused, or elderly or disabled may have difficulty navigating themselves to safety due to flooding or closed roadways. Lack of access to shelters or emergency services would impact many people in a community and would possibly put lives at risk. It is also important to note that many people in The City may not be able to understand or speak English to a fluent enough level that emergency services could assist them even if they are able to be contacted in an emergency. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-21
Government Services
Publicly owned facilities are a key component of daily life for all citizens of the County. Public buildings are of particular importance during flood events because they house critical assets for government response and recovery activities. Damage to public water and sewer systems, transportation networks, flood control facilities, emergency facilities, and offices can hinder the ability of the government to deliver services. Loss of power and communications can be expected. Drinking water and wastewater treatment facilities may be temporarily out of operation. Flooding can have various impacts to responders in terms of response time and the personal safety of first responders. Flooded roadways are a common occurrence throughout the Planning Area and can block emergency vehicles from crossing certain areas, delaying response times. Flood events can often result in motorists needing to be rescued from stalled vehicles in flooded roadways. These types of challenges can often be dangerous for the first responders due to potentially polluted waters as well as swift currents.

Critical Facilities and Infrastructure
Key support facilities and structures most necessary to withstand the impacts of, and respond to, natural disasters are referred to as critical facilities. Examples of these critical facility types include utilities, transportation infrastructure, and emergency response and services facilities, given failures of components along major lifelines or even closures or inaccessibility to key emergency facilities could limit if not completely cut off transmission of commodities, essential services, and other potentially catastrophic repercussions. Floods and levee failure have the ability to disrupt, damage, or destroy these critical facilities, which in turn can impede the ability of The City to respond to and recover from a major flood event.

Floods can occur in both 0.2% and 0.5% flood zones, but they are only implemented and monitored flood mitigations in relation to properties and buildings within the 1% or 100 year flood plain. This means that those properties may be more vulnerable to large storms since there are no direct mitigation measures in place to protect those properties.

Economy
Effects on the agriculture economy can be devastating, and a large amount of area at risk to flooding in the County is agricultural. Flooding can damage crops and livestock. In addition to the obvious impacts on crops and animals, flooding can have deleterious effects on soil and the ability to reinvigorate the agricultural activities impacted once the flood waters recede. Damage to water resources such as underground irrigation systems, water storage reservoirs, springs and other natural water bodies could have a serious effect upon agriculture operations.

Historic, Cultural and Natural Resources
Natural resources in the City such as water ways and vegetation are at risk of negative impacts from long durations of extreme heat. An increase in dehydration of vegetation and evaporation from water ways can be detrimental to natural resources, causing drought conditions and higher risk for wildfires to develop. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-22
Future Development
Communities that participate in the NFIP adopt regulations and codes that govern development in special flood hazard areas (SFHAs) and enforce those requirements through their local floodplain management ordinances through the issuance of permits. Tulare County’s floodplain management ordinance provides standards for development, subdivision of land, construction of buildings, and improvements and repairs to buildings that meet the minimum requirements of the NFIP. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-23
B.3.7 Severe Storms and High Winds
Hazard Profile and Problem Description
High winds, often accompanying severe storms and thunderstorms, can cause significant property and crop damage, threaten public safety, and have adverse economic impacts from business closures and power loss. High winds, as defined by the NWS glossary, are sustained winds speeds of 40 mph or greater lasting for 1 hour or longer, or winds of 58 mph or greater for any duration. These winds may occur as part of a seasonal climate pattern or in relation to other severe weather events such as thunderstorms.

Location and Extent
The entire City of Lindsay is subject to significant, non-tornadic (straight-line), winds. Magnitude of winds is measured often in speed and damages. These events are often part of a heavy rain and storm event but can occur outside of storms. The speed of onset of winds can be short but accurate weather prediction mechanism often the public know of upcoming events.

Past Occurrences
The City Planning Team noted that since Severe Storms and High Winds is a regional phenomenon, events that affected the County also affected the City. There were two past occurrences of USDA Disaster Declarations in Tulare County for high winds combined with rainfall. One occurred in 2012 (Disaster No.

S3255), and the other in 2016 (Disaster No. S4170).

General Property
General damages are both direct (what the wind event physically destroys) and indirect, which focuses on additional costs, damages and losses attributed to secondary hazards spawned by the event, or due to the damages caused by the wind event. Construction practices and building codes help to maximize the resistance of structures to damage.

People
Community members are the most vulnerable to high wind and tornado events. The availability of sheltered locations such as basements, buildings constructed using tornado-assistant materials and methods, and public storm shelters, all reduce the exposure of the population. However, there are also segments of population that are especially exposed to the indirect impacts of high winds and tornadoes, particularly the loss of electrical power.

Social Vulnerability
Secondary impacts of damage caused by wind events often result from damage to infrastructure. Downed power and communications transmission lines, coupled with disruptions to transportation infrastructure, create difficulties in reporting and responding to emergencies. These indirect impacts of a wind event put tremendous strain on a community. In the immediate aftermath, the focus is on emergency services. High 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-24
Winds may also temporarily worsen the air quality in the area, which can negatively effect those with asthma.

Government Services
Most structures, including the County’s critical facilities, should be able to withstand and provide adequate protection from severe wind and tornadoes. Those facilities with backup generators should be fully equipped to handle severe wind and tornado events should the power go out. The impact of high wind on responders is similar to that of the general public. In the event of a tornado, there may be localized impacts to response personnel. Impacts on transportation corridors and communications lines affect first responders ability to respond effectively. To maintain public confidence, jurisdictions must continue to adhere to building codes and to facilities new development that is built to the highest design standards to account for heavy winds and tornado winds.

Critical Facilities
Both winds and tornadoes may impact exposed critical infrastructure such as power lines; depending on the impact and the function, this could cause a short-term economic disruption. The most common problems associated with tornadoes and high winds are loss of utilities. Downed power lines can cause power outages, leaving large parts of the County isolated, and without electricity, water, and communication. Damage may also limit timely emergency response and the number of evacuation routes.

Downed electrical lines following a storm can also increase the potential for lethal electrical shock.

Damaging winds can also cause wildfires.

Economy
High winds typically do not have long-term impacts on the economy of the City, although wind does have an impact on the agricultural economy in the County.

Historic, Cultural and Natural Resources
High winds and tornadoes can cause massive damage to the natural environment, uprooting trees and other debris. This is part of a natural process, however, and the environment will return to its original state.

Future Development
Future development projects should consider windstorm and tornado hazards at the planning, engineering, and architectural design stage with the goal of reducing vulnerability. Utilities at risk to high winds should be grounded as new facilities are improved or added. Whether high winds and tornadoes will occur, where, when, and of what intensity are all factors that evolve over the days and hours before they form and after thy do. Improved weather forecasts coupled with new information technologies, including social media, has resulted in an increasingly large volume of risk information that is available to people when tornadoes and high winds threaten. Development trends in the City are not expected to increase vulnerability to this hazard.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-25
D.4 CAPABILITIES ASSESSMENT
The reason for conducting a capability assessment is to identify Lindsay’s capacity to successfully implement mitigation activities. Understanding internal and external processes, resources and skills forms the basis of implementing a successful HMP. Understanding strengths and weaknesses also helps ensure that goals and objectives are realistic and attainable.

The planning team conducted an assessment of the City’s capabilities that contribute to the reduction of long-term vulnerabilities to hazards. The capabilities include authorities and policies, such as legal and regulatory resources, staff, and fiscal resources. Staff resources include technical personnel such as planners/engineers with knowledge of development and land management practices and an understanding of natural or human-caused hazards. The planning team also considered ways to expand on and improve existing policies and programs with the goal of integrating hazard mitigation into the day-today activities and programs of the City. In carrying out the capability assessment, several areas were examined:
• Planning and regulatory capabilities
• Administrative and technical resources
• Fiscal resources including grants, mutual aid agreements, operating funds and access to funds • Technical and staff resources to assist in implementing/overseeing mitigation activities • Previous and Ongoing Mitigation Activities
Tables D-8 through D-11 provide a list of the City’s capabilities. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-26
Planning and Regulatory Capabilities: These include local ordinances, policies and laws to manage growth and development. Examples include land use plans, capital improvement plans, transportation plans, emergency preparedness and response plans, building codes and zoning ordinances.

Table D-8 Lindsay Planning and Regulatory Capabilities
Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Last Updated Capability Type
General Plan The City’s General Plan provides a policy base to guide future growth within the City. It was created by planners, engineers and technical staff with knowledge of land development, land management practices, as well as human-caused and natural hazards. The General Plan:
• Develops and maintains the General Plan, including the Safety Element.
• Develops area plans based on the General Plan, to provide more specific guidance for the development of more specific areas. • Reviews private development projects and proposed capital improvements projects and other physical projects involving property for consistency and conformity with the General Plan. • Anticipates and acts on the need for new plans, policies, and Code changes.

Applies the approved plans, policies, code provisions, and other regulations to proposed land uses.

Expansion and Improvement: The MJLHMP may be adopted as part of the Safety Element by the City Counsel. As the Safety Element is updated, revised hazard analysis from the MHLHMP will be incorporated. Safety Element actions will be aligned with MJLHMP mitigation measures.

All Requires update. City will
coordinate with the Lindsay
Unified School District to
distribute safety brochures.

Planning
California
Building Code
Enforcement
The California Building Standards Code, Title 24 serves as the basis for the design and construction of buildings in California including housing, public buildings and maintenance facilities. Improved safety, sustainability, maintaining consistency, new technology and construction methods, and reliability are paramount to the Earthquake,
Fire, Floods,
Severe
winter
storm/high
winds
Updated 2023. New 2022
Code Cycle adopted; latest
standards related to
building safety &
sustainability to mitigate
against identified hazards.

Regulatory
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-27
Table D-8 Lindsay Planning and Regulatory Capabilities
Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Last Updated Capability Type
development of building codes during each Triennial and Intervening Code Adoption Cycle.

California’s building codes are published in their entirety every three (3) years. Amendments to California’s building standards are subject to a lengthy and transparent public participation process throughout each code adoption cycle. The California Seismic Safety Commission provides access to an array of regulatory and advisory information at:
http://www.seismic.ca.gov/cog.html
Capital
Improvement
Program (CIP)
The City’s CIP provides a foundation and planning tool to assist in the orderly acquisition of municipal facilities and to assure that service needs for the future are met. The CIP provides direct or contract civil, structural, and mechanical engineering services, including contract, project, and construction management.

Expansion and Improvement: The MJLHMP will be used to select potential projects for the CIP. As the CIP is updated, additional mitigation measures will be analyzed and included in the Lindsay section of the MJLHMP. Funding for CIP projects identified in the MJLHMP will be reviewed for mitigation grant program eligibility.

Dam Failure,
Earthquake,
Fire, Floods,
Landslides,
Levee
failure,
Severe
winter
storm/high
winds
Yes, last updated 2023. CIP
includes programmed
funding for disaster
recovery and infrastructure
rehab project for handling
stormwater flows that
could occur due to severe
storms, levee failure,
flooding, or dam failure.

Planning
Tulare
County
Municipal
Service
Review (MSR)
MSRs are intended to provide a comprehensive analysis of service provision by each of the special districts and other service providers within the legislative authority of the (LAFCo) of a city. This analysis focuses on service providers within the City of Lindsay and makes determinations in each area of evaluation. The MSR considers and makes recommendations based on the following information:
• Present and planned land uses in the area.
• Present and probable need for services in the area.
• Present ability of each service provider to provide necessary services.
• The fiscal, management, and structural health of each service provider.

All Last updated 2013. Will be
updated with next
comprehensive Sphere of
Influence review or General
Plan update, anticipated to
occur in 2025.

Planning
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-28
Table D-8 Lindsay Planning and Regulatory Capabilities
Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Last Updated Capability Type
• The existence of any social or economic communities of interest in the area.

City Code of
Ordinances
The purpose of this code is to establish the minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation, and safety to life and property from fire and other hazards attributed to the built environment; to regulate and control the demolition of all buildings and structures, and for related purposes.

Expansion and Improvement: The MJLHMP will provide both hazard descriptions and mitigation actions that may address energy conservation, fire protection and development in hazard prone areas.

The maps of Lindsey related hazards will be used to augment other mapping products to protect public health and safety when updating City Code.

Earthquake,
Fire,
Flooding,

The City of Lindsay is
currently updating the
Zoning Ordinance, and
updates are regularly made
to the other sections of the
City Code of Ordinances,
including Title 3 addressing
Fire Regulations and Title 4
addressing Building
Regulations.

Regulatory
With additional resources the City could accelerate updates to several planning and regulatory documents, such as the Safety Element of the General Plan, Capital Improvement Program, and Emergency Operations Plan. With additional resources the City could also begin the creation and implementation of other planning and regulatory documents, such as a Stormwater Quality Management Plan. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-29
Administrative and Technical: These capabilities include community (including public and private) staff and their skills and tools used for mitigation planning and implementation. They include engineers, planners, emergency managers, GIS analysts, building inspectors, grant writers, and floodplain managers.

Table D-9: Lindsay Administrative and Technical Capabilities Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Last Updated Capability Type
City Public
Works
Department
Maintains and operates a wide range of local equipment and facilities as well as provides assistance to members of the public.

Services include providing sufficient potable water, reliable waste water services, street maintenance, storm drainage systems, street cleaning, street lights and traffic signals.

All The City’s Public Works
Department continues to
provide clean fresh water,
reliable sewer services, street
maintenance, storm drainage
systems, street cleaning, street
lights, and traffic signals
Technical
Procurement
Department
Provides a full range of municipal financial services, administers several licensing measures, and functions as the plan
participant’s Procurement Services Manager.

All The City’s Finance Department
oversees the City’s financial
services administration and
management for internal
finances as well as services
provided by contractors through
City procurement policy.

Technical
City Fire
Department
The City of Lindsay currently has three full time firefighters that operate the single fire station in the City. The remaining fire rescue crew consists of volunteers.

Fire The City’s Fire
Prevention/Inspection
personnel regularly conduct
inspections related to fire. They
also inspect infrastructure for
damage after fires.

Technical
Engineers,
Inspectors,
Code
enforcement
officers, and
other
technical
staff within
the Lindsay
Provide for building inspection and code certifications.

Expansion and Improvement: In order to improve on
administrative and technical capabilities, the City needs to enhance data collection and extraction technology. The City of Lindsay Fire Department’s goals are to utilize data collected through drones to optimize mitigation strategies. The City intends to hire or train professionals to utilize GIS mapping systems.

Fire,
Earthquake
The City’s Building Division and
Fire Prevention/Inspection
personnel regularly conduct
inspections related to fire, life
safety, and structural stability.

They also inspect, along with the
City’s Engineering Division,
buildings and infrastructure for
Technical
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-30
Table D-9: Lindsay Administrative and Technical Capabilities Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Last Updated Capability Type
Fire
Department
Building
Inspections
and Planning
Division
damage after earthquakes or
fires
Emergency
Manager
Maintains and updates the Emergency Operations Plan for the local jurisdiction. In addition, coordinates local response and relief activities within the Emergency Operation Center, and works closely with County, state, and federal partners to support planning and training and to provide information and coordinate assistance.

Expand and Improve
The City’s Emergency Manager will lead the preparations and updates for the Emergency Operations Plan and preparations for the City’s Emergency Operations Center.

All The City’s Fire Division serve as
the emergency management
and lead for the City’s
Emergency Operation Plan &
Center. The Fire division work
closely with the County, state,
and federal partners, and is
actively working with these
partners on training City
members of the EOC, as well as
preparing for the EOP update.

Technical
Additional resources could assist in finishing to equip and staff the City of Lindsay’s Emergency Operations Center and aid in supporting the update to the City’s Emergency Operations Plan.

Fiscal: These capabilities include general funds, property sales, bonds, development impact fees, or other fees.

Table D-10: Lindsay Fiscal Capabilities
Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Last Updated Capability Type
General Fund Program operations and specific projects.

Expansion and Improvement: The City of Lindsay plans to update its Community Risk and Vulnerability Assessment.

Based on the results of this assessment, the City will
evaluate the feasibility of applying for a FEMA Hazard
Mitigation Assistance grant for drought mitigations.

Drought The City’s Finance Department
manages the allocation of
General Fund resources,
including those used to fund
hazard mitigation and disaster
response operations and
projects.

Financial
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-31
Table D-10: Lindsay Fiscal Capabilities
Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Last Updated Capability Type
Additionally, the City charges an 8% fee for the general fund with every building permit issued.

Lease Revenue
Bonds
Funding
Lease revenue bonds are used to finance capital projects that (1) have an identified budgetary stream for
repayment (e.g., specified fees, tax receipts, etc.); (2) generate project revenue but rely on a broader pledge of general fund revenues to reduce borrowing costs; or (3) finance the acquisition and installation of equipment for the local jurisdiction’s general governmental purposes.

Expand and Improve
Lease Revenue bonds are a fiscal tool that will also be accounted for in terms of emergency response and
preparedness planning, albeit with appropriate controls on allowable use.

All The City’s Finance Department
monitors and regularly reports
on Lease Revenue Bonds.

Financial
Public-Private
Partnerships for
Economic and
Redevelopment
Includes the use of local professionals, business owners, residents, and civic groups and trade associations,
generally for the study of issues and the development of guidance and recommendations.

Expand and Improve
The City will encourage public-private partnerships, some of which can become agreements to include in emergency
response planning.

All The City regularly explores
opportunities for public-private
partnerships. One recent
example is partnering with the
Chamber of Commerce on a
Business Incubator to help local
businesses recover from the
effects of the Covid-19
pandemic.

Financial
With additional resources that may become available, there could be an opportunity to create a dedicated account fund for emergency response and mitigation, or at least provide more flexibility from a fiscal perspective, but providing additional resources available to the city for emergency planning, response, and mitigation.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-32
Education and Outreach: The capabilities include programs in place such as fire safety programs, hazard awareness campaigns, public information or communications offices.

Table D-11 Lindsay Education and Outreach Capabilities
Name Description (Effect on Hazard Mitigation) Hazards
Addressed
Last Updated Capability Type (Regulatory,
Administrative, Technical, or
Financial) If known
Tulare
County
Association
of
Governments
(TCAG)
TCAG is committed to improving the quality of life for residents and visitors throughout the County. They address traffic congestion, coordinate regional transit programs to make getting around easy and convenient, work to improve air quality and strive to continue to meet national standards. TCAG addresses current and future rail needs and possibilities and gathers data which is used by the census and the public to properly forecast housing and transit needs.

Expand and Improve
The City of Lindsay will collaborate with TCAG on building hazard resiliency, readiness, and response.

All The City regularly partners
with TCAG on
transportation and
infrastructure projects,
including those to increase
local and regional
resiliency against hazards.

Education and Outreach
Lindsay
Website
http://www.li
ndsay.ca.us/
and other
social media
Provides easily accessible conduit to information about planning and zoning, permits and applications and programs that address hazard mitigation such as clean energy efforts.

Expansion and Improvement: The updated MJLHMP will be
posted to City media sites. As the planned is reviewed annually and new updates made, information on the planning process will be included on web sites and announced on social media.

All The City will utilize the City
website and social media
channels to make
information available to
the public related to
hazard mitigation plans
and programs, including
the MJLHMP.

Education and Outreach
With additional resources, the City of Lindsay would be able to fund an extensive education and outreach campaign locally and regionally in collaboration with TCAG that can focus on hazard readiness, resiliency, and response. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-33
D. 5 Mitigation Strategy
The planning team for the City of Lindsay identified and prioritized the following mitigation actions based on the risk assessment. Background information and information on how each action will be implemented and administered, such as ideas for implementation, responsible office, potential funding, estimated cost, and timeline are also included.

Progress on Previous Mitigation Actions
Lindsay’s 2018 mitigation strategy contained three (3) separate mitigation actions. Due to Covid-19 none of these actions have been completed. Tables D-12 and D-13 show the specific actions and applicable hazards in the City. Lindsay will work diligently towards meeting the 2023 plan goals.

Mitigation Action Plan
Mitigation actions are specific activities or projects that serve to meet the goals that the community has identified. Mitigation actions and projects are more specific than goals or objectives, and often include a mechanism, such as an assigned timeframe, to measure the success and ensure the actions are accomplished. The planning team conducted a review of the mitigation actions and strategies from the 2018 HMP. With information from the risk analysis, capability assessment, and status of the actions implemented since the 2018 HMP, the planning team integrated outstanding action items with other County planning efforts to develop new mitigation actions and projects to reduce the effects of hazards, with emphasis on new and existing buildings and infrastructure. Current mitigation projects identified by the County are included in Table D-12. A complete list of mitigation actions for all jurisdictions is included in individual jurisdiction annexes.

The timeframe indicated in the table is defined as follows:
 Short Term = to be completed in 1 to 5 years
 Long term = to be completed in greater than 5 years
 Ongoing – currently being funded and implemented under existing programs.

Prioritization
To assist with implementing the Mitigation Action Plan, the planning team used the following ranking process to provide a method to prioritize the projects for the Mitigation Action Plan. Designations of High, Medium, and Low priorities have been assigned to each action item using the following criteria:
 High Priority – An action that meets multiple objectives, has benefits that exceed costs, and has a secured source of funding. Action can be completed in the short term (1 to 5 years).  Medium Priority – An action that meets multiple objectives, has benefits that exceed costs, and is eligible for funding through no funding has yet been secured for it. Action can be completed in the short term (1 to 5 years), once funding is secured. Medium-priority actions become high-priority actions once funding is secured.
 Low Priority – An action that will mitigate the risk of a hazard, has benefits that do not exceed the costs or are difficult to quantify, has no secure source of funding, and is not eligible for any known grant funding. Action can be completed in the long term (1 to 10years). Low-priority actions may be eligible for grant funding from programs that have not yet been identified. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-34
Mitigation actions were assigned designations of High, Medium, or Low based on qualitative consideration of the following factors:
• Area of benefit – Citywide or localized
• Immediate impact
Benefit and Cost
The action plan must be prioritized according to a benefit/cost analysis of the proposed action (44 CFR, Section 201.6(c)(3)(iii)), For this hazard mitigation plan, a qualitative benefit-cost review was performed for each action by assigning ratings for benefit and cost as follows:
 High – Benefits are perceived to exceed costs without further study or evaluation.  Medium – Benefits are perceived to exceed costs but may require further study or evaluation prior to implementation.
 Low – Benefits and cost evaluations require additional evaluation prior to implementation.

Funding projects that will help to mitigate imminent hazards are cost-effective and assist in efforts to help communities recover from disasters. Most of the projects are already funded through general fund, application fees or state/federal funds. The majority of the projects are ongoing to ensure mitigation measures are implemented within the City of Lindsay.

Benefit-cost was considered in greater detail in the development of the Mitigation Action Plan. For example, parameters were established for assigning the subjective rating (High, medium, low) to the benefits and costs of each mitigation action. Specifically, each action developed for this plan contains a description of the problem and proposed project, the entity with primary responsibility for implementation, any other alternatives considered, a cost estimate, expected project benefits, potential funding sources, and a schedule for implementation. Development of these project detail for each action led to the determination of an overall high, medium, or low priority for each action.

Recognizing the limitations in prioritizing actions from multiple departments and the regulatory requirement to prioritize by benefit-cost to ensure cost-effectiveness, the Staff decided to pursue mitigation action strategy development and implementation according to the nature and extent of damages, the level of protection and benefits each action provides, political support, project cost, available funding, and jurisdiction and department priority. This process guided the development of a prioritized action plan for the City of Lindsay.

Cost-effectiveness will be considered in greater detail through a formal benefit-cost analysis when seeking FEMA mitigation grant eligibility and funding (e.g. HMPG, BRIC grant programs) for eligible actions associated with this plan. It is also important for Lindsay to protect critical facilities and infrastructure; this is currently implemented by the Lindsay’s Capital Projects Team through the CIP. Areas of repetitive loss are high priorities for mitigation funding as they can drain Lindsay’s coffers. 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-35
Status and Implementation
Tables D-12 and D-13 also provide status/implementation notes that describe progress made on the actions so far, using the following categories, and, where applicable, notes if there were changes in the priority level from the previous plan:
 In-Progress: work has begun on the project and is ongoing.  Not Yet Started: little or no work has been done on the project to date and Lindsay agreed to carry over the action from the 2018 Annex into the updated 2023 Annex.  New in 2023: The action is new to this plan update; little to no work has been completed. *Due to Covid-19 the Mitigation Actions have “Not Yet Started” 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-36
The Lindsay mitigation strategies from the 2018 MJLHMP are still relevant to this update. Table D-12 contains an updated set of potential mitigation strategies for the new Plan. Mitigation actions were derived from numerous sources including the Capital Improvement Plan and input from the public and stakeholders.

Table D-12: Lindsay-Specific Mitigation Actions, 2018 MJLHMP No. Selected
(Y/N) Description Prioritization Criteria
Applicable
Hazards
Facility to be
Mitigated (if
known)
Department
or Agency
2023 Status
3 Y Seismically retrofit or
replace public works
and/or emergency
response facilities that are
necessary during and/or
immediately after a
disaster or emergency.

A,D,E Earthquakes Public Safety
Building
Police/Fire Ongoing
15 Y Develop a free annual
tree chipping and tree
pick-up day that
encourages residents
living in wind hazard
areas to manage trees
and shrubs at risk at risk
to falling on nearby
structures.

A,C,E High winds Not Applicable Public Works Ongoing
16 Y Bolt down the roofs of
critical facilities in wind
gust hazard areas in
order to prevent wind
damage.

A,C,E High winds Unknown Public Works Ongoing
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-37
Table D-13 provides the mitigation 2023 MJLHMP actions for the city. New priorities for mitigation actions are listed in the table. Designations of High, Medium, and Low priorities have been assigned to each action item using the following criteria:

Table D-13 Lindsay 2023 Mitigation Actions
Action
Number Mitigation Strategy
Department
Applicable
Hazards
Priority
Timeline
Benefit
Funding
Source
2023 Status
1 Seismically retrofit or replace
public works and/or
emergency response facilities
that are necessary during
and/or immediately after a
disaster or emergency.

Police/Fire Earthquake Medium 5 or more
years
Medium General
Fund
Ongoing – Mitigation
Action 1
in 2018 MJLHMP
2 Develop a free annual tree
chipping and tree pick-up day
that encourages residents
living in wind hazard areas to
manage trees and shrubs at
risk to falling on nearby
structures.

Public
Works
High winds Medium 5 or more
years
Medium General
Fund
Ongoing – Mitigation
Action 2
in 2018 MJLHMP
3 Bolt down the roofs of critical
facilities in wind gust hazard
areas in order to prevent wind
damage.

Public
Works
High winds Medium 2-5 years Low General
Fund
Ongoing – Mitigation
Action 3
in 2018 MJLHMP
4 Clean sewers frequently and
before heavy rain season
approaches. Coordinate with
Tulare County for county
islands or areas beyond city
limits, still within the City’s
sphere of influence.

Public
Works
Flood High 2024 High Sewer
Fund
Ongoing – Mitigation
action 1 in 2023
MJLHMP
5 Increasing tree plantings
around buildings to shade
Public
Works
Extreme
Heat
Medium 5 or more
years
Medium General
Fund
Ongoing
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-38
Table D-13 Lindsay 2023 Mitigation Actions
Action
Number Mitigation Strategy
Department
Applicable
Hazards
Priority
Timeline
Benefit
Funding
Source
2023 Status
parking lots and along public
rights-of-way.
6 Encouraging installation of
green roofs, which provide
shade and remove heat from
the roof surface and
surrounding air.

Planning
and Public
Works
Extreme
Heat,
Climate
Change
Medium 7 or more
years
High General
Fund
Ongoing
7 Using cool roofing products
that reflect sunlight and heat
away from a building.

Public
Works
Extreme
Heat
Medium 7 or more
years
Medium General
Fund
Ongoing
8 Educating citizens regarding
the dangers of extreme heat
and the steps they can take to
protect themselves when
extreme temperatures occur.

Planning
and Public
Works
Extreme
Heat
High Continuous High General
Fund
Ongoing
9 Organizing outreach to
vulnerable populations,
including establishing and
promoting accessible cooling
centers in the community.

Public
Works
and Public
Safety
Extreme
Heat
High Continuous High General
Fund
Ongoing
10 Developing new or upgrading
existing water delivery
systems to eliminate breaks
and leaks.

Public
Works
Drought High 7 or more
years
Medium 552
Water
Fund
Short Term
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-39
D.6 Implementation and Maintenance
Moving forward, the City of Lindsay will use the mitigation action table in the previous section to track the progress on the implementation of each project. Implementation of the plan overall is discussed in Chapter 7 in the Base Plan.

Incorporation of the Previous Plan
The 2018 MJLHMP had not been incorporated in other city plans due to the LHMP 2018 update approval occurring at the beginning of the COVID-19 pandemic causing delays in implementation efforts. Also due to the fact that from 2018 to 2023 most planning efforts and mechanism had not been updated nor new plans created.

Incorporation into Existing Planning Mechanisms
The information contained within this plan, including results from the Vulnerability Assessment, and the Mitigation “Strategy will be used by the City to help inform updates and the development of local plans, programs, and policies. The City’s Public Works Department may use the hazard information when implementing street and solid waste division projects. The Utilities Department may utilize the hazard information when implementing water, wastewater reclamation, and environmental projects that are part of the City’s Capital Improvement Program.

Similarly, the City’s Planning and economic development Department, including the Building Safety, Community Division, Economic Development, Land Development and Engineering, Planning Division, and Transportation Engineering and Design Division may utilize the hazard information when completing the comprehensive update to the City.

When completing the comprehensive update to the City Area General Plan. The natural hazard information can directly inform the City’s vulnerability Assessment underway that looks The City will also incorporate this MJ-LHMP into the Safety Element of their General Plan, as recommended by AB 2140 and as part of the current and comprehensive Urban Area General Plan Update.

As noted in Section 6 of the Base Plan, the City will report on efforts to integrate the hazard mitigation plan into local plans, programs and policies and will report on these efforts at the annual MJ LHMP Stakeholders plan review meeting.
2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan Annex D: Lindsay
Annex D-40
D.7 Monitoring, Evaluation and Updating the Plan
The City will follow the procedures to monitor, review, and update this plan in accordance with Tulare County as outlined in Chapter 7 of the Base Plan. The city will continue to involve the public in mitigation, as described in Chapter 5.4 of the Base Plan. The Police Chief, Director of Community Services, and Fire Chief will be responsible for representing the city in the County MJ-LHMP, and for coordination with City staff and departments during plan updates. The City realizes it is important to review the plan regularly and update it every five years in accordance with the Disaster Mitigation Act Requirements as well as other State of California requirements.

Moving forward, the City of Lindsay will use the mitigation action table in the previous section to track the progress on the implementation of each project. Implementation of the plan overall is discussed in Section 7 in the Base Plan.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LINDSAY
RESOLUTION NO. 24-33

NUMBER 24-33
TITLE

MEETING

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LINDSAY TO ADOPT THE 2024 TULARE COUNTY MULTIJURISDICTIONAL LOCAL HAZARD MITIGATION PLAN AND CITY

OF LINDSAY ANNEX D AS APPROVED BY TULARE COUNTY

OFFIVE OF EMERGENCY SERVICES AND FEDERAL EMERGENCY

MANAGEMENT AGENCY (FEMA)
At a regularly scheduled meeting of the City of Lindsay City Council held on September 10, 2024, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, the City of Lindsay recognizes the threat that natural hazards pose to people within our community; and
WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and
WHEREAS, the U.S Congress passes the Disaster Mitigation Act of 2000 (Disaster Mitigation Act) emphasizing the need for pre-disaster mitigation of potential hazards; and WHEREAS, the Disaster Mitigation Act made available hazard mitigation grants to state and local governments; and
WHEREAS, an adopted Local Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs; and
WHEREAS, the City of Lindsay fully participated in the FEMA-prescribed mitigation planning process to prepare this Local Hazard Mitigation Plan and City of Lindsay Annex D; and WHEREAS, the California Office of Emergency Services and Federal Emergency Management Agency, Region IX officials have reviewed the Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan and approve it contingent upon this official adoption of the participating governing body, and;
WHEREAS, the City of Lindsay desires to comply with the requirements of the disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan and City of Lindsay Annex D; and WHEREAS, adoption by the governing body for the City of Lindsay demonstrates the jurisdiction’s commitment to fulfilling the mitigation goals and objectives outlined in the Local Hazard Mitigation Plan and City of Lindsay Annex D; and WHEREAS, adoption of this legitimizes the plan and authorizes responsible agencies to carry out their responsibilities under the plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Lindsay adopts the Tulare County Local Hazard Mitigation Plan and City of Lindsay Annex D as an official plan; and

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LINDSAY
RESOLUTION NO. 24-33

BE IT RESOLVED that the City of Lindsay adopts the Tulare County Local Hazard Mitigation Plan and City of Lindsay Annex D by reference into the Safety Element of their General Plan in accordance with the requirements of AB 2140; and
BE IT FURTHER RESOLVED the City of Lindsay will submit this adoption resolution to the California Office of Emergency Services and FEMA Region IX officials to enable the plan’s final approval in accordance with the requirements of AB 2140.

IN WITNESS THEREOF, The Mayor, or pending officer, is hereby authorized to affix their signature to the Resolution signifying its adoption by the City Council of the City of Lindsay, and the City Clerk, or their duly appointed deputy, is directed to attest them.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LINDSAY
RESOLUTION NO. 24-33

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

MEETING DATE September 10, 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. _____________________________________
Ramiro Serna, Mayor

CERTIFICATE OF ATTESTING OFFICER
The undersigned, Maegan Peton, City Clerk of the City of Lindsay does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Lindsay which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date thereof.

ATTEST: _____________________________________
Maegan Peton, City Clerk

STAFF REPORT
TO: Lindsay City Council
MEETING DATE: September 10, 2024
DEPARTMENT: City Services
FROM: Kira Stowell, Contract City Planner
AGENDA TITLE: Zone Change No. 24-01, Tentative Parcel Map No. 24-01, and Planned Unit Development No. 2024-01

ACTION & RECOMMENDATION
Approve Resolution No. 24-34, a Resolution of the City Council of the City of Lindsay, to adopt an Initial Study/Mitigated Negative Declaration (IS/MND) for Zone Change No. 24-01, Tentative Parcel Map 24-01 “Hidden Oaks”, and Planned Unit Development No. 24-01, and approve Zone Change No. 24-01 (ZC 24-01), Tentative Parcel Map No. 24-01 (TPM 24-01), and Planned Unit Development No. 24-01 (PUD 24-01); and introduce (first reading) Ordinance No. 614, an Ordinance of the City of Lindsay approving Zone Change No. 24-01.

BACKGROUND | ANALYSIS
Quest Equity LLC filed the application on behalf of Daley Enterprises for the development of a 50-lot single family residential subdivision. The proposal includes a Zone Change to change the zone from R-1-7 to R-1-5, a Tentative Subdivision Map “Hidden Oaks” to divide 9.10 acres into 50 single-family lots, and Planned Unit Development (PUD) to allow for a minimum lot size of 5,000 square feet. The 9.10-acre project site is located north of Tulare Road on the west side of Oak Avenue (APN 199-050-055).

The proposed project ZC 24-01, TPM 24-01, and PUD 24-01 would result in on-site infrastructure improvements, including the construction of interior access roads with two ingress/egress access points along Oak Avenue and two stub streets with temporary turnaround areas, new lighting and landscaping in accordance with City standards, and connection to existing City utilities, including water, wastewater and stormwater systems.

Change of Zone: Since the General Plan relies on the land use diagram (map) and basic allocations of land areas between various existing and future land uses as a resource in determining land use amendments, the proposed amendment would not be in conflict with the policies, objectives, and standards of the General Plan.

Zoning Ordinance Section 18.22.050 A. provides criteria for review of zone changes:
“At the public hearing, the City Council shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed change is necessary to achieve the objectives of the Zoning Ordinance prescribed in Section 18.01.020, and how or why the proposed change is consistent with the General Plan and the stated purposes and application intended for the zone classification proposed.” The current Land Use Designation of Low Density Residential is consistent with the R-1-7 and R-1-5 zoning designations. The proposed Zone Change will allow for smaller lots and a higher density development than what is currently planned for by allowing a minimum lot size of 5,000 square feet rather than 7,000 square feet.

Approval of the Zone Change and PUD will allow for development of the site, consistent with the goals and policies of the General Plan.

Item #: 13.1
Public Hearing
Planned Unit Development: Pursuant to Section 18.07.010 C. of the Lindsay Municipal Code, “development within the R-l-5 district shall occur only in accordance with the planned unit development regulations of this title.” The proposed PUD is required in addition to the Zone Change request to allow for a minimum lot size of 5,000 square feet rather than 7,000 square feet.

Based on the findings and subject to the conditions of approval within this report, staff recommends that Council approve Resolution 24-34 and Ordinance 614.

ENVIRONMENTAL REVIEW
As Lead Agency under the California Environmental Quality Act (CEQA), the City staff reviewed the project to determine whether it could have a significant effect on the environment because of its development. In accordance with CEQA Guidelines Section 15382, “significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An Initial Study was prepared and found that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project in the form of mitigations have been made by or agreed to by the project proponent. A Mitigated Negative Declaration (MND) for the proposed subdivision and accompanying entitlements was prepared and is attached. The 30-day public review period began on August 10th and ended on September 9th, 2024.

FINDINGS
Amendments to the Zoning Map may be approved by the Council if the proposed amendment is necessary to achieve the objectives of the Zoning Code described in Chapter 18.01 and if the amendment would be consistent with the goals and policies of the General Plan and the purposes and application intended for the zoning district classification proposed.

1. The project has been reviewed for compliance with the Municipal Code and the Subdivision Map Act and was found to be in compliance with the incorporation of the recommended Conditions of Approval.

2. The amendment is consistent with the goals and policies of the General Plan and the purposes and applications intended for the zoning district classification proposed.

Pursuant to Section 18.19.070 of the Lindsay Municipal Code, a PUD may be approved if the proposed map meets the findings of the Municipal Code and the Conditions of Approval. Staff has determined the project meets the findings of the Municipal Code and included Conditions of Approval.

1. The proposed location of the PUD is in accordance with the objectives of the Zoning Code.

The Zoning Code allows for a PUD to be located in any zone district other than R-1-7X. No part of this project is located in the R-1-7X zone.

2. The proposed location of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, and welfare or materially injurious to properties or improvements in the vicinity.

Staff has determined, with the analysis included in the Mitigated Negative Declaration for this project, that the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, and welfare or materially injurious to properties or improvements in the vicinity.

3. The proposed PUD will comply with each of the applicable provisions of this section.

The project has been found by staff to be in compliance with the Lindsay Municipal Code, including Section 18.19.070.

4. The standards of population density, site area and dimensions, site coverage, yard spaces, the height of structures, the distance between structures, off-street parking and off-street loading facilities, landscaped areas, and street design will produce an environment of stable and desirable character consistent with the objectives of the Zoning Code and will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

Staff has determined, with the analysis included in the Mitigated Negative Declaration for this project, that the standards of population density, site area and dimensions, site coverage, yard spaces, the height of structures, the distance between structures, off-street parking and off-street loading facilities, landscaped areas, and street design will produce an environment of stable and desirable character consistent with the objectives of the Zoning Code, and will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

5. That the combination of different dwelling types and/or a variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

Staff has determined the combination of dwelling types will complement each other and will harmonize with existing and proposed land uses in the vicinity.

6. That the proposed PUD will satisfactorily mitigate potential environmental impacts in accordance with the provisions of Section 18.18.070 of this title.

Staff has determined, with the analysis included in the Mitigated Negative Declaration for this project, the proposed PUD will satisfactorily mitigate potential environmental impacts in accordance with the provisions of Section 18.18.070 of this title.

CONDITIONS OF APPROVAL
Staff recommends that the City Council approve ZC 24-01, TPM 24-01, and PUD 24-01 based on the findings and subject to the conditions of approval, which are included in the attached resolution.

PUBLIC OUTREACH
A public hearing notice was posted in the Porterville Recorder. The notice was mailed out to all property owners within 300 feet of the project site.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ATTACHMENTS

1. Location Map

2. Tentative Subdivision Map 24-01

3. Initial Study/Mitigated Negative Declaration

4. Resolution 24-34

5. Ordinance 614
Reviewed/Approved: ______
Location Map
Tentative Subdivision Map
SITE PLAN REVIEW COMMENTS DATE: June 18, 2024
SITE PLAN NO: Hidden Oaks TSM (TSM 24-001)
PROJECT TITLE: Hidden Oaks Tentative Subdivision Map
DESCRIPTION: Tentative Subdivision Map for former Lindsay Oaks site APPLICANT: Quest Equity LLC
PROPERTY OWNER: Daley Enterprises
LOCATION: West side of Oak Avenue north of City SD basin APN(S): 199-050-055
Public Works / Engineering, Page 1 of 4
ENGINEERING – Subdivisions/Parcel Maps
Recommended action:

Acceptable as submitted. See applicable comments below for permit application.

Revise per comments below. Resubmittal not required. See applicable comments below for permit application.

Resubmit with additional information. See comments below.

Redesign required. See comments below.
===================================================================================== The following items are required to be shown on the Tentative Subdivision Map/Parcel Map or provided with the Tentative Subdivision Map/Parcel Map application:

Tentative Subdivision Maps and Parcel Maps shall comply with Title 17 of the City of Lindsay Municipal Code.

Tentative maps shall be prepared in accordance with Section 17.6-Tentative Maps, Section 17.24-Parcel Map Subdivision, Section 17.44-Vesting Tentative Maps, and Section 17.28-Development Standards.

Tentative maps shall be prepared by a licensed land surveyor or registered civil engineer qualified to practice land survey. Provide property/boundary information: ____________________________________________________ Show all adjacent existing and proposed streets including proposed new street improvements, including curb, gutter, drive approaches, sidewalk, transit/bus stops, etc.: Show sidewalk: _____ ft. wide, with _____ ft. wide parkway on _______ ________; ____________________________________________________________ All public streets within project limits and across project frontage shall be improved to their full width, subject to available right-of-way, in accordance with City policies, standards and specifications.

Show existing on-site structures and improvements on the site, such as buildings, wells, septic tanks, fences, driveways, etc., and note if they are to remain, removed, relocated, or demolished. Show existing structures and improvements adjacent to the site.

Show all proposed public improvements including street improvements, water, sanitary sewer, storm drain and landscape improvements per City Standards including lot grading and cluster mailbox locations.

Show proposed service connections to City water, sanitary sewer and storm drain facilities.

Water: Connect to existing 10” water in Oak Ave approx. 150’ south of Logan St Sanitary Sewer: Connect to existing SSMH in Oak Ave approx. 750’ south of Logan St Storm Drain:

Show proposed fire hydrants locations per Fire Department requirements, and streetlights per City Standards.

Show any temporary fire and emergency access. Provide all-weather fire and emergency access road.

Show proposed disposal of storm runoff: On-site basin required per City Standards – Design basin for storage of 5.5” storm event; Provide “breakover” for basin/streets in the event of larger storm events (Maximum water elevation before breakover to be 6” above TC) Surface drain lots to street – provide 1’ from top of curb on lot frontage to building pad, Connection to storm drain trunkline available - ______” in _________________.

Caltrans comments required prior to approval of the tentative map.

Written comments required from ditch company.

Additional comments:

1. See comment below for processing the Final Subdivision Map and Improvement Plans

EXHIBIT A
SITE PLAN REVIEW COMMENTS DATE: June 18, 2024
SITE PLAN NO: Hidden Oaks TSM (TSM 24-001)
PROJECT TITLE: Hidden Oaks Tentative Subdivision Map
DESCRIPTION: Tentative Subdivision Map for former Lindsay Oaks site APPLICANT: Quest Equity LLC
PROPERTY OWNER: Daley Enterprises
LOCATION: West side of Oak Avenue north of City SD basin APN(S): 199-050-055
Public Works / Engineering, Page 2 of 4

2. The City is currently performing additional evaluation/analysis of the City’s water system and supply to determine ability to issue “Will Serve” letter for water service. The “Will Serve” letter is subject to the outcome of the evaluation and/or any required system improvements.

3. See Tentative Subdivision Map markup for any additional comments and/or clean-up items (City Surveyor & City Engineer comments).

4. Provide 1’ reserve strip at the end of the stub streets.

5. Lots 12 and 22 with the temporary turnarounds are assumed to remain undeveloped until the stub streets are extended and the turnarounds can be removed.

The following are required with the Final Map application:

Submit on-site grading, and on-site and off-site improvement plans detailing all proposed work. On-site and offsite improvement plans, and grading plans shall be prepared and signed by registered civil engineer.

Final subdivision map shall be prepared by a licensed land surveyor or qualified civil engineer allowed to practice land survey.

Bonds, certificate of insurance, cash payment of fees/inspection, and approved map and plan required prior to approval of Final Map.

The Final Map and Improvements shall conform to the Subdivision Map Act, the City of Lindsay’s Subdivision Ordinance and Standard Improvements including City of Lindsay Municipal Code, Section 17.20-Final Map, Section 17.24-Parcel Map Subdivision, Section 17.28 Development Standards, and Section 17.32-Public Improvements.

A preconstruction conference is required prior to the start of any construction.

City encroachment permit required which shall include an approved traffic control plan.

Caltrans encroachment permit required.

Comply with all Caltrans comments and conditions for the tentative map.

Comply with written comments from ditch company.

All public streets within project limits and across project frontage shall be improved to their full width, subject to available right-of-way, in accordance with City policies, standards and specifications.

Dedicate 22 ft. additional right-of-way along Oak Avenue (42’ from CL). Right-of-way dedication required by grant deed. A title report is required for verification of ownership by map by deed.

Install street striping as required by the City Engineer.

Install sidewalk: 8’ and 5’ ft. wide, with 0 ft. wide parkway on Oak Ave. and proposed local streets, respectively Show locations of all drive approaches and construct to City Standards. All lots to have separate drive approaches.

Cluster mailbox supports required (1 for 2 residential units) or use postal unit.

Show all proposed public improvements including street improvements, water, sanitary sewer, storm drain and landscape improvements per City Standards including lot grading and cluster mailbox locations.

Show proposed service connections to City water, sanitary sewer and storm drain facilities.

Water: Connect to existing 10” water in Oak Ave approx. 150’ south of Logan St Sanitary Sewer: Connect to existing SSMH in Oak Ave approx. 750’ south of Logan St Storm Drain:

SITE PLAN REVIEW COMMENTS DATE: June 18, 2024
SITE PLAN NO: Hidden Oaks TSM (TSM 24-001)
PROJECT TITLE: Hidden Oaks Tentative Subdivision Map
DESCRIPTION: Tentative Subdivision Map for former Lindsay Oaks site APPLICANT: Quest Equity LLC
PROPERTY OWNER: Daley Enterprises
LOCATION: West side of Oak Avenue north of City SD basin APN(S): 199-050-055
Public Works / Engineering, Page 3 of 4
Landscape and irrigation improvement plans to be submitted for the entire project. Landscape plans will need to comply with the City of Lindsay’s street tree ordinance and the State MWELO requirements. Landscape plans shall be prepared by a licensed landscape architect.

Community Facilities Maintenance District (CFMD) required prior to approval of Final Map. CFMD will maintain common area landscaping, streetlights, street trees and local streets as applicable. Submit completed CFMD application and filing fee a minimum of 75 days before approval of Final Map.

Dedicate landscape lots to the City that are to be maintained by the CFMD.

Potable water and fire protection water master plan for the entire development shall be submitted for approval prior to approval of any phase of the development. The water system will need to be extended to the boundaries of the development where future connection and extension is anticipated. The water system will need to be sized to serve any future developments that are anticipated to connect to the system.

Sanitary Sewer master plan for the entire development shall be submitted for approval prior to approval of any phase of the development. The sewer system will need to be extended to the boundaries of the development where future connection and extension is anticipated. The sewer system will need to be sized to serve any future developments that are anticipated to connect to the system.

Grading and drainage plan required. If the project is phased, then a master plan is required for the entire project area that shall include pipe network sizing and grades and street grades.

Prepared by a registered civil engineer.

All elevations shall be based on the City’s benchmark network.

Storm run-off from the project shall be handled as follows:

Directed to the City’s existing storm drainage system; ____________________________________ Directed to a permanent on-site basin per City Standards – Design for storage of a 5.5” rainfall event; Provide a minimum of 1’ from top of curb on lot frontage to building pad elevation; Provide “breakover” for basin/streets in the event of larger storm events (Maximum water elevation before breakover to be 6” above TC) Directed to a temporary on-site basin which is required until a connection with adequate capacity is available to the City’s storm drainage system. On-site basin shall be constructed in accordance with City Standards.

Protect Oak trees during construction.

Show adjacent property grade elevations on improvement plans. A retaining wall will be required for grade differences greater than 0.5 feet at the property line.

Relocate existing utility poles and/or facilities.

Underground all existing overhead utilities within the project limits. Existing overhead electrical lines over 50kV shall be exempt from undergrounding.

Geotechnical /Soils Report is required. _________________________________________________________ Provide R-value tests; 2 at Oak Ave. and at 500’ spacing along local streets.

Traffic indexes per City standards: Oak Ave = 8.0 min.; local streets = 5.5 min.

Subject to existing reimbursement agreement to reimburse prior developer.

Abandon existing wells per Code; a building permit is required.

Remove existing irrigation lines and dispose off-site.

Remove existing leach fields and septic tanks.

SITE PLAN REVIEW COMMENTS DATE: June 18, 2024
SITE PLAN NO: Hidden Oaks TSM (TSM 24-001)
PROJECT TITLE: Hidden Oaks Tentative Subdivision Map
DESCRIPTION: Tentative Subdivision Map for former Lindsay Oaks site APPLICANT: Quest Equity LLC
PROPERTY OWNER: Daley Enterprises
LOCATION: West side of Oak Avenue north of City SD basin APN(S): 199-050-055
Public Works / Engineering, Page 4 of 4
Fugitive dust will be controlled in accordance with the applicable rules of San Joaquin Valley Air Pollution Control District’s Regulation VIII. Copies of any required permits will be provided to the City of Lindsay.

The project it may be subject to the San Joaquin Valley Air Pollution Control District’s Rule 9510 Indirect Source Review per the rule’s applicability criteria. A copy of the approved AIA application will be provided to the City of Lindsay.

If the project meets the one acre of disturbance criteria of the State’s Storm Water Program, then coverage under General Permit Order 2009-0009-DWQ is required and a Storm Water Pollution Prevention Plan (SWPPP) is needed. A copy of the approved permit will be provided to the City of Lindsay.

Additional comments:

1. Check streetlight (180’ min – 240’ max.), locate streetlights at curb returns at intersections along Oak Ave and at typical local street locations; and fire hydrant spacing (<500’ street frontage between FHs)

2. Construct 24’ street section for Oak Ave across frontage

3. Construct 6’ high min. wood fence along PL adjacent to Not A Part property

4. The City is currently performing additional evaluation/analysis of the City’s water system and supply to determine ability to issue “Will Serve” letter for water service. The “Will Serve” letter is subject to the outcome of the evaluation and/or any required system improvements.

5. See Tentative Subdivision Map markup for additional comments and/or clean-up items (City Surveyor & City Engineer comments).

6. Provide 1’ reserve strip at the end of the stub streets.

7. Construct temporary turnaround at the end of the stub streets with barricade per City Standards and City Engineer approval. Use min. 2” AC over 4” CL2 AB for turnaround pavement.

8. Lots 12 and 22 with the temporary turnarounds are assumed to remain undeveloped until the stub streets are extended and the turnarounds can be removed.

9. Provide typical finish lot grading detail for 50 wd. lots that meets Building Code with the subdivision improvement plans.

Authorized signature Date
Jeff Cowart, PE City Engineer
Printed name
6/18/24
1047.79' N87°20'20"W
(N87°20'13"W)
(1047.81') N00°03'22"W 4958.29' (N00°03'08"W 4958.56') CEDAR AVENUE 660.41' N87°46'16"W 660.41' (S87°45'40"E 660.26') 3643.30' (N00°02'58"W) N00°03'05"W (3643.44') (660.26') AVENUE 240 N87°46'16"W 1320.82' (N87°45'40"W 1320.52')
N87°20'20"W 660.22' (N87°20'13"W 660.23') (660.00') (N00°02'48"W)

FND BRASS DISC

IN HIGHWAY WELL PER
PARCEL MAP NO. 3128 STATE HIGHWAY 65
N87°20'20"W 2368.23' (N87°20'13"W 2368.27') 660.22' N87°20'20"W (N87°20'13"W)
(660.23') N00°02'48"W 660.00' (N00°02'48"W 660.00')
N87°20'27"W 488.27' (N87°20'13"W 488.26') N00°03'05"W 659.98' (N00°02'58"W) 660.00) N87°20'34"W 660.33' (N87°20'13"W 660.30') 134.00' (134.00') N00°02'48"W (N00°02'48"W) 3648.23' N00°02'48"W 659.98' (N00°02'58"W) N00°03'05"W (660.00') (3648.33') (N00°02'48"W) (358.27EG) (359.67EG)
(359.86EG)
(359.37EG)
(359.30EG) (358.99EG)
(358.21EG)
(357.80EG)
(357.89EG)
(357.76EG) (357.94EG) (358.45EG)
(358.69EG)
(358.71EG)
(358.82EG)
(358.76EG)
(359.32EG)
(358.61EG)
(358.55EG) (358.91EG) (359.65EG)
(359.71EG) (359.96EG)
(358.97EG)
(358.03EG)
(359.78EG) (359.28EG) (358.87EG)
(358.26EG)
(358.24EG)
(357.78EG) (357.72EG) (357.95EG) (358.25EG) (358.39EG) (358.76EG) OUTLOT "A" 5282 SQ.FT. LOT 20
5045 SQ.FT. LOT 21
5257 SQ.FT. LOT 30
5435 SQ.FT. LOT 31 5025 SQ.FT. LOT 29
5025 SQ.FT. LOT 28
5025 SQ.FT. LOT 275025 SQ.FT. LOT 26
5025 SQ.FT. LOT 25
5000 SQ.FT. LOT 23
5000 SQ.FT. LOT 22
5022 SQ.FT. LOT 435022 SQ.FT. LOT 44
5022 SQ.FT. LOT 455022 SQ.FT. LOT 465022 SQ.FT. LOT 47
5022 SQ.FT. LOT 485022 SQ.FT. LOT 49
5022 SQ.FT. LOT 345022 SQ.FT. LOT 35
5022 SQ.FT. LOT 365022 SQ.FT. LOT 375022 SQ.FT. LOT 38
5022 SQ.FT. LOT 395022 SQ.FT. LOT 40
5405 SQ.FT. LOT 2
5528 SQ.FT. LOT 3
5651 SQ.FT. LOT 4
5774 SQ.FT. LOT 5
5898 SQ.FT. LOT 6
6021 SQ.FT. LOT 7
6144 SQ.FT. LOT 8
6268 SQ.FT. LOT 9
6391 SQ.FT. LOT 10
6514 SQ.FT. LOT 11
6716 SQ.FT. LOT 12
5284 SQ.FT. LOT 14
5283 SQ.FT. LOT 15
5283 SQ.FT. LOT 16
5283 SQ.FT. LOT 17
5283 SQ.FT. LOT 18
5283 SQ.FT. LOT 19128.71' 126.30' 123.88' 121.47' 119.06' 116.64' 114.23' 111.82' 109.41' 106.99' 86.98' 100.03'
100.03'
100.03' 100.02' 100.02' 100.01' 100.01' 100.00' 100.11' 100.00' 100.00' 100.06' 100.06' 100.06' 100.06' 100.06' 107.04' 109.42'

55.00'

50.22' 50.22' 50.22' 50.22' 50.22' 50.22' 50.22' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' OAK AVENUE

50.22'
8" SS
SD
8" WATER
8" SS 8" WATER 8" SS SD 8" WATER
SD SS WATER 56' 56'
56' 12' 16' 11' 5' 16'
11' 5'
10' DEDICATION OUTLOT 'C' OUTLOT 'B'
VOLUME PROV'D=2.6AC-FT STORM DRAIN BASIN
VOLUME REQ'D=1.82AC-FT 12' 12' ACCESS DRIVE
ACCESS DRIVE ACCESS DRIVE 50.22'
358.7
359.0

TYPICAL STREET LIGHT

TYPICAL STREET LIGHT

TYPICAL STREET LIGHT

TYPICAL FIRE HYDRANT

TYPICAL STREET LIGHT

TYPICAL WATER METER

TYPICAL SEWER

SERVICE

TYPICAL DRIVEWAY TYPICAL FIRE HYDRANT

TYPICAL STREET LIGHT

TYPICAL STREET LIGHT

TYPICAL SEWER

SERVICE

TYPICAL WATER
METER

TYPICAL DRIVEWAY TYPICAL SEWER

SERVICE

TYPICAL WATER
METER

TYPICAL WATER METER

TYPICAL SEWER

SERVICE

TYPICAL FIRE HYDRANT

TYPICAL DRAIN INLET

TYPICAL SDMH
TYPICAL SSMH 131.15'

50.22' 85.06'

51.75' 51.15' 51.15' 51.15' 51.15' 51.15' 51.15' 51.15' 51.15' 51.15' 51.15'

50.22' 50.22' 50.22' 50.22' 50.22' 50.22' 50.22'

50.22' 50.22' 50.22' 50.22' 50.22' 50.22' 50.22' 50.00' 48.09' 52.82' 52.82' 52.82' 52.82' 52.82' 52.82' 55.00' 52.82' 85.00' 85.00' 85.00'

50.22' 50.22' 50.22' 50.22' 26.28' 24.62' 50.27' 55.06' 85.00' 33,707 SQ FT 50.00' 10.00' 206.10' 26.28'
332.10'
56'

TYPICAL STREET LIGHT OUTLOT 'D' TYPICAL FIRE HYDRANT
30'
5568 SQ.FT. LOT 1
5414 SQ.FT. LOT 50
5414 SQ.FT. LOT 33
5414 SQ.FT. LOT 41
5414 SQ.FT. LOT 42
5417 SQ.FT. LOT 24
6003 SQ.FT. LOT 32
5416 SQ.FT. LOT 13 100.06' 100.00'

86.93' 18.54' 18.54' 41.89'

55.00'

41.89' 18.54'

55.00' 100.00'

18.54' 41.89' 18.54'

18.54'41.89'

21.21'

55.06' 104.58'

18.54' 98.90'

55.00' 100.00'
TEMP

TURNAROUND

EASEMENT SEE DETAIL
N87°20'27"W 660.27 (N87°20'13"W 660.26') 56' 52.82' 52.82' 52.82' 52.82' 52.82' 52.82' 52.82' 52.82' 40.00'

40.00' 50.22' 50.22' 50.22' 50.22' 50.22' 50.22' 50.22' 40.00'

51.68' 51.09' 51.09' 51.09' 51.09' 51.09' 51.09' 51.09' 51.09' 51.09' 51.09' 40.00' 6' EFPU 6' EFPU 6' EFPU6' EFPU 6' EFPU
INSTALL 2' RETAINING WALL WITH 6' TALL WOOD
FENCE
INSTALL 6' TALL WOOD FENCE
INSTALL 6' TALL WOOD FENCE
INSTALL 2' RETAINING WALL WITH 6' TALL WOOD FENCE
20' EXISTING ROAD
DEDICATION PER MAP VOL. 7, PAGE 66 N00°02'48"W 4968.33' BASIS OF BEARING358.0' 359.0'
360.0'
357.7'
FFE361.40 FFE358.00 FFE358.30 FFE358.60 FFE358.90 FFE359.20 FFE359.50 FFE359.80 FFE360.10 FFE360.40 FFE360.70 FFE361.00 FFE358.20
FFE358.30
FFE358.50
FFE358.70
FFE358.90
FFE359.00
FFE358.80
FFE358.75
FFE358.70
FFE358.90 FFE359.20 FFE359.50 FFE359.80 FFE360.10 FFE360.40 FFE360.70 FFE361.00 FFE361.40 FFE358.90 FFE359.20 FFE359.50 FFE359.80 FFE360.10 FFE360.40 FFE360.70 FFE361.00 FFE361.40 FFE358.90 FFE359.20 FFE359.50 FFE359.80 FFE360.10 FFE360.40 FFE360.70 FFE361.00 FFE361.40 FFE358.75
FFE358.70 359.00' TOP
351.00' BOTTOM 359.00' TOP
351.00' BOTTOM

TOP BANK

LEA WAY

LOGAN STREET CHESNUT AVENUE

END BLOCK WALL

BEGIN BLOCK WALL

BEGIN BLOCK WALL

END BLOCK
WALL

BEGIN BLOCK WALL

END BLOCK WALL END CURB,SIDEWALK
20' EXISTING ROAD
DEDICATION PER MAP VOL. 7, PAGE 66
12'
12'
10' DEDICATION
10' DEDICATION 12'
6' RIGHT OF WAY FOR DITCH
172 DEEDS 395 RIGHT OF WAY FOR ROAD
4137 OR 109
20' FOR WATER PIPELINE
EASEMENT 1624 OR 208

42.03' 134.00' 24.14' 50.00' 50.00'

56.06' 142.00' 256.00' 128.00' 6' EFPU
S87° 20' 27" E 172.00'
127.00' 45.00' N00°02'48"W N00°02'48"W N00°02'48"W N00°02'48"W INSTALL BARRICADE 1' FROM

PROPERTY
LINE
TEMP

TURNAROUND

EASEMENT SEE DETAIL
INSTALL BARRICADE 1' FROM

PROPERTY LINE

INSTALL WATER TO

EXISTING WATER SOUTH

INSTALL SEWER TO
SOUTH APPROX. 750LF

FROM LOGAN
(E)OHE TO REMAIN
(E)OHE TO REMAIN 56.00'

42.05'
20' 30'
BEING A DIVISION OF PARCEL 1 OF PARCEL MAP 3128, RECORDED IN BOOK 32 OF PARCEL MAPS AT PAGE 29, TULARE COUNTY RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 20 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF LINDSAY, COUNTY OF TULARE, STATE OF CALIFORNIA. TENTATIVE SUBDIVISION MAP JUNE, 2024 APPLICANT QUEST EQUITY, LLC
1878 NORTH MOONEY BLVD, SUITE J
TULARE, CA 93274
559-799-6990 AUTHORIZED AGENT AW ENGINEERING
810 W. ACEQUIA AVE VISALIA, CA 93291
(559) 713-6139 LAND SURVEYOR
BRIAN S. BORUM LS 1445 W. GRAND AVE STE C GROVER BEACH, CA 93433 (805)270-4154

SITE DATA
APN: 199-050-055
EXISTING ZONING DESIGNATION: R-1-7
EXISTING USE: VACANT PROPOSED USE: R-1-5
TOTAL AREA : 9.46 ACRES ±
ELECTRICITY: SOUTHERN CALIFORNIA EDISON WATER: CITY OF LINDSAY SEWER: CITY OF LINDSAY REFUSE: CITY OF LINDSAY
TELEPHONE: AT&T GAS: SO CAL GAS CATV: SPECTRUM
STORM WATER: CITY OF LINDSAY
TOTAL RESIDENTIAL LOTS : 50 LOTS RESIDENTIAL DENSITY: 5.28 UNITS/ACRE OUTLOT "A"-STORM WATER BASIN (33,707 SQ FT) OUTLOT "B"-LANDSCAPE (1382 SQ FT) OUTLOT "C"-LANDCAPE (2468 SQ FT) OUTLOT "D"-LANDSCAPE (1271 SQ FT) NOTES:

N

VICINITY MAP NOT TO
SCALE UNPLOTTABLE EASEMENTS EFFECTING SUBJECT PROPERTY: AN EASEMENT FOR PUBLIC UTILITIES GRANTED TO MT. WHITNEY POWER COMPANY, RECORDED AS BOOK 8, PAGE 252 OF OFFICIAL RECORDS. NOT PLOTTABLE FROM RECORD AN EASEMENT FOR PUBLIC UTILITIES GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY DATED OCTOBER 3, 1951 RECORDED AS INSTRUMENT NO. 25747, BOOK 1544, PAGE 637 OF OFFICIAL RECORDS. BLANKET IN NATURE OWNERS: DALEY ENTERPRISES INC
1356 EAST TULARE AVENUE
TULARE, CA 93274
REAL PROPERTY IN THE CITY OF LINDSAY, COUNTY OF TULARE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 3128, IN THE CITY OF LINDSAY, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 32, PAGE 29 OF PARCEL MAPS, IN THE OFFICE OF THE TULARE COUNTY RECORDER OF SAID COUNTY. LEGAL DESCRIPTION

APPLICANT'S CERTIFICATE

I HEREBY APPLY FOR APPROVAL OF DIVISION OF REAL PROPERTY

SHOWN ON THIS TENTATIVE MAP AND CERTIFY THAT I AM THE LEGAL OWNER OF SAID PROPERTY AND THE INFORMATION SHOWN HEREON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ______________________ _______________ NAME: DATE:

JOB: 18678 APRIL, 2024 SHEET 1 OF 1
60' SCALE: 1"= N
60' 0' 120'

ALL SEWER UNLESS NOTED OTHERWISE
TO BE AN 8" SEWER LINE SIZE. ALL WATER UNLESS NOTED OTHERWSIDE TO BE AN 8" WATER LINE SIZE.

L.S. 8006
BRIA N S . BO RUM

L IC ENS ED L A ND S URV E Y O R

S T A T E O F C A L IFO RNIA HIDDEN OAKS

BENCHMARK
CITY OF LINDSAY BENCHMARK NO. 74 BRASS 1' NORTH OF CURB RETURN AT ELEV=367.94' BASIS OF BEARINGS THE EAST LINE OF PARCEL 1 OF PARCEL MAP 3128, PER SAID PARCEL MAP 3128, RECORDED IN BOOK 32 OF PARCEL MAPS AT PAGE 29, TULARE COUNTY RECORDER, TAKEN TO BE NORTH 00°02'48" WEST. OAK AVE.

LOCAL STREETS
10'
6" SUB-GRADE @ 95% RC

6.0" CLASS 2 AGGREGATE BASE
10' 18' 5' SIDEWALK PER ST-9 CITY STD. CONC. CURB PER ST-6 18' 3.0" A/C PAVING
5' PARKWAY

4.5" A/C PAVING
10" CLASS 2 AGGREGATE BASE 6" SUB-GRADE @ 95% RC
10' 20' 4' MIN. 30'
28' 28'
INSTALL 8' SIDEWALK PER CITY STD.

INSTALL CURB PER 2' PARKWAY
STD
LOGAN ST. T.I.= 5.5, R-VALUE: 38, 3" A.C. / 6" A.B. CHESTNUT AVE. T.I.= 5.5, R-VALUE: 38, 3" A.C. / 6" A.B. LEA WAY T.I.= 5.5, R-VALUE: 38, 3" A.C. / 6" A.B.

T.I. = 8.0, R-VALUE: 38, 4.5" A.C. / 10" A.B.
11' OF PAVEMENT 9' REMOVE 15' OF EXISTING AC/AB AND MATCH INSTALL NEW 4.5" AC/10" AB. COMPACT (E) SUB GRADE TO 95%

RC PRIOR TO INSTALL OF NEW AC/AB
THE NORTHEAST CORNER OF MAPLE AND TULARE. FLOOD HAZARD ZONE AS DELINEATED ON THE FEDERAL INSURANCE ADMINISTRATIONS FLOOD INSURANCE RATE MAPS, EFFECTIVE DATE JUNE 16, 2009 FOR TULARE COUNTY, CALIFORNIA (COMMUNITY NO. 065066), PANEL NO. 06107C1305E, THE PROPERTY SHOWN ON THIS MAP

LIES WITHIN FLOOD HAZARD AREAS DESIGNATED AS
ZONE X. ZONE X IS DEFINED BY THE FEDERAL INSURANCE ADMINISTRATION AS "AREAS DETERMINED TO BE OUTSIDE THE 0.20% ANNUAL CHANCE FLOODPLAIN." EXISTING EDGE INSTALL BLOCK WALL CITY STD.

INSTALL

INSTALL RIGHT OF WAY RIGHT OF WAY RIGHT OF WAY RIGHT OF WAY

PRELIMINARY
12' OUTLOT A, B,C
20' SECTIONLINE PL AN EASEMENT FOR WATER PIPE LINES OF NOT MORE THAN 24 INCHES INSIDE DIAMETER GRANTED TO UNITED STATES OF AMERICA DATED OCTOBER 6, 1952 RECORDED AS INSTRUMENT NO. 27461, BOOK 1624, PAGE 208 OF OFFICIAL RECORDS. AN EASEMENT FOR ROAD GRANTED TO COUNTY OF TULARE DATED DECEMBER 7, 1983 RECORDED AS INSTRUMENT NO. 60313, BOOK 4137, PAGE 109 OF OFFICIAL RECORDS AFFECTS EAST 10 FEET. AN EASEMENT FOR WATER DITCH AND DITCHES TO UNKNOWN RECORDED IN BOOK 172, PAGE 395 OF DEEDS.

PLOTTABLE EASEMENTS EFFECTING SUBJECT PROPERTY:

TEMPORARY TURN AROUND
PROVIDE 1' WD. RESERVE

STRIP AT END OF STUB STREET
2" AC OVER 4" CLII AB OVER 95% REL. COMPACTION OF NATIVE SOIL

HIDDEN OAK TENTATIVE SUBDIVISION

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Prepared for:

City of Lindsay
251 E. Honolulu Street
Lindsay, CA 93247
Contact: Kira Stowell, Contract City Planner
Prepared by:

Darlene R. Mata, DR Mata Consulting
Phone: (559) 799-2942
Email: [email protected]
i

NOTICE OF PUBLIC HEARING AND INTENT TO ADOPT A MITIGATED NEGATIVE

DECLARATION
This is to advise that the City of Lindsay has prepared a Mitigated Negative Declaration for the project identified below that is scheduled to be considered at the Lindsay City Council’s regular meeting on Tuesday, September 10, 2024.

Persons having comments or concerns about the proposed project are encouraged to attend or submit public comments by e-mail to: [email protected]. Emailed comments must be received by 4:30 p.m. on the day of the hearing to be entered into the record. In the subject line of the e-mail, please state your name and the item you are commenting on. Persons unable to email comments may send them via USPS mail or another courier to the City of Lindsay, Attn: City Clerk, 251 E. Honolulu St., Lindsay, CA 93247. Mailed comments must be received by 4:30 p.m. on the day of the hearing to be entered into the record.

Project Name
Hidden Oak Tentative Subdivision Map
Project Location
The project is located north of Tulare Road on the west side of Oak Avenue (APN 199-050-055). The site is approximately 9.10 acres and is adjacent to existing rural residential uses and undeveloped land to the east, agriculture to the north and west, and undeveloped land to the south.

Project Description
The proposed project involves the developmentof a 50-lot single family residential subdivision. The proposed project would result in on-site infrastructure improvements, including the addition of a new sidewalk on Oak Avenue and new streets including curb, gutter, lighting and sidewalks within the subdivision, and a stormwater retention basin. The applicant proposes to Installation of artificial turf and low water plants in front yard landscaping. The Project may also include the installation of up to 50% of the rear yard in artificial turf, if requested by the initial homeowner.

The project has access from Oak Avenue, north of Tulare Road.

Construction is proposed to begin in November 2024 and continue for 24 months.

Entitlements include approval of the following:
• Rezone No. ZC 24-01- from R-1-7 to R-1-5 PUD to allow 5,000 square foot lots • Hidden Oak Tentative Subdivision Map
• Planned Unit Development Permit 24-01
• Development Agreement
As mandated by the California Environmental Quality Act (CEQA), the public review period for this document was 30 days (CEQA Section 15073[a]). The public review period began on August 7, 2024, and ended on September 5, 2024. For further information, please contact. i

TABLE OF CONTENTS
Mitigated Negative Declaration 1
Initial Study/Mitigated Negative Declaration 4
I. Aesthetics 13
II. Agriculture and Forest Resources 15
III. Air Quality 19
IV. Biological Resources 22
V. Cultural Resources 27
VI. Energy 29
VII. Geology and Soils 31
VIII. Greenhouse Gas Emissions 35
IX. Hazards and Hazardous Materials 38
X. Hydrology and Water Quality 41
XI. Land Use and Planning 45
XII. Mineral Resources 46
XIII. Noise 47
XIV. Population and Housing 50
XV. Public Services 52
XVI. Parks and Recreation 54
XVII. Transportation 55
XVIII. Tribal Cultural Resources 58
XIX. Utilities and Service Systems 60
XX. Wildfire 63
Mandatory Finding of Significance 64
List of Preparers 67
Mitigation Monitoring and Reporting Program 68
Supporting Information and Sources 72
Appendices
Appendix A – Biological Evaluation
Appendix B –Archaeology Technical Report
HIDDEN OAK TENTATIVE SUBDIVISION Page 1 of 72
Mitigated Negative Declaration
As lead agency under the California Environmental Quality Act (CEQA), the City of Lindsay reviewed the project described below to determine whether it could have a significant effect of the environment because if its development. In accordance with CEQA Guidelines Section 15382 “significant effect of the environment” means a substantial or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, waste, minerals, flora, fauna, ambient noise, and object of historic or aesthetic significant.

Project Name
Hidden Oak Subdivision
Project Location
The project is located north of Tulare Road on the west side of Oak Avenue (APN 199-050-055). The site is approximately 9.10 acres and is adjacent to existing rural residential uses and undeveloped land to the east, agriculture to the north and west, and undeveloped land to the south.

Project Description
The proposed project involves the development of a 50-lot single family residential subdivision. The proposed project would result in on-site infrastructure improvements, including the addition of a new sidewalk on Oak Avenue and new streets including curb, gutter, lighting and sidewalks within the subdivision, and a stormwater retention basin. The applicant proposes to install artifical turf and low water plants in the front yard landscaping. The Project may also include the installation of up to 50% of the rear yard in artificial turf, if requested by the initial homeowner.

The project has access from Oak Avenue, north of Tulare Road.

Construction is proposed to begin in November 2024 and continue for 24 months.

Entitlements include approval of the following:
• Rezone No. ZC 24-01- from R-1-7 to R-1-5 PUD to allow 5,000 square foot lots • Hidden Oak Tentative Subdivision Map
• Planned Unit Development Permit 24-01
• Development Agreement
Mailing Address and Phone Number of Contact Person
Kira Stowell, Contract City Planner
251 E. Honolulu St.

Lindsay, CA 93247
Phone: (559) 733-0440
Findings
As lead agency, the City finds that the project will not have a significant effect on the environment. The Initial Study (IS) identified one of more potentially significant effects on the environment, but revisions to the project have been made before the release of this Mitigation Negative Declaration (MND) or mitigations measures HIDDEN OAK TENTATIVE SUBDIVISION Page 2 of 72
would be implemented that reduce all potentially significant impacts to less-than-significant levels. The City further finds that there is no substantial evidence that this project would have a significant effect on the environment.

Mitigation Measures Included in the Project to Avoid Potentially Significant Effects Mitigation Measures
BIO-1 (Swainson’s Hawk). If feasible, project construction shall occur entirely outside the Swainson’s hawk nesting season, typically defined as March 1- September 15.

If construction activities must occur between March 1 and September 15, prior to initial ground disturbance or building permits, a qualified Biologist shall conduct Swainson’s hawk nesting surveys on-site and within a 0.5- mile radius of the project site to determine whether nests are present and if so, occupied. Occupancy shall be determined through observation of all accessible areas, including from public roads or other publicly accessible observation areas of Swainson’s hawk activity (e.g., foraging) on and near the project site. If ground disturbance occurs outside the nesting season, no further action is required.

A qualified Biologist shall follow the survey protocol outlined in the California Department of Fish and Wildlife (CDFW) Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley, which recommends surveys according to the following survey periods:

1. January–March 20: Conduct one survey total.

2. March 20–April 5: Conduct three surveys total. Surveys shall be conducted between sunrise to 10:00 a.m. and/or 4:00 p.m. to sunset.

3. April 5–April 20: Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:30 p.m. to sunset.

4. April 21–June 10: Initiating surveys are not recommended. Monitoring of known nest sites only.

5. June 10–July 30: (post-fledging) Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:00 p.m. to sunset.

Pre-construction surveys shall be completed for at least the two survey periods immediately prior to the subject ground-disturbing activities being initiated, with the latest survey no more than 10 days prior to the start of the subject ground-disturbing A copy of the survey results shall be submitted to the lead agency as evidence of compliance.

BIO-2 (Swainson’s Hawk). If nests are located and determined to be occupied, minimization measures must be implemented by the relevant applicant in connection with a specific individual development application, and construction monitoring conducted as follows:

1. Construction activities shall be prohibited within 600 feet of an active and occupied Swainson’s hawk nest or within 600 feet of nests under construction to prevent nest abandonment unless a smaller buffer is approved pursuant to subsection (2) below. This incorporates the maximum avoidance buffer size stated in the California Department of Fish and Wildlife (CDFW) Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley.

2. If site-specific conditions or the nature of the construction activity (e.g., other nearby development, HIDDEN OAK TENTATIVE SUBDIVISION Page 3 of 72
limited activities) indicate that a smaller buffer, or no buffer at all, could be used, the project developer may seek approval from the qualified Biologist who, in coordination with the CDFW, shall determine the appropriate buffer size, which, once approved, shall govern.

3. No tree containing an active Swainson’s hawk nest shall be removed.

A copy of the survey results shall be submitted to the lead agency as evidence of compliance.

If (i) no nests are located or (ii) if nests are located and determined not to be occupied, then no minimization measures shall need to be implemented and no further mitigation under MM BIO-2 shall be required.

BIO-3 (Nesting Birds and Raptors). If feasible, all construction activities shall take place between September 1 and January 31.

If construction activities must be completed during the February 1-August 31 avian nesting season, then within 14 days prior to the start of any ground disturbance activities, a qualified biologist shall conduct preconstruction surveys for active bird nests. The survey area shall encompass the project site and surrounding lands within 250 feet for nesting migratory birds and 500 feet for raptors.

If nesting birds are identified during the survey, active raptor nests shall be avoided by 500 feet, and all other migratory bird nests shall be avoided by 250 feet. Avoidance buffers may be reduced if a qualified on-site monitor determines that encroachment into the buffer area is not affecting nest building, the rearing of young, or otherwise affecting the breeding behaviors of the resident birds. Because nesting birds can establish new nests or produce a second or even third clutch at any time during the nesting season, nesting bird surveys shall be repeated every 30 days as construction activities are occurring throughout the nesting season.

No construction or earth-moving activity shall occur within a non-disturbance buffer until it is determined by a qualified biologist that the young have fledged (left the nest) and have attained sufficient flight skills to avoid Project construction areas. Once the migratory birds or raptors have completed nesting, and the young have fledged, disturbance buffers will no longer be needed and may be removed, and monitoring may cease.

A copy of the survey results shall be submitted to the lead agency as evidence of compliance.

CUL-1: If cultural resources are encountered during ground-disturbing activities, work in the immediate area must halt and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology (NPS 1983) should be contacted immediately to evaluate the find. Cultural resource materials may include prehistoric resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fireaffected rock, as well as historic resources such as glass, metal, wood, brick, or structural remnants. If the discovery proves to be significant under CEQA, additional work such as data recovery excavation and Native American consultation may be warranted to mitigate any adverse effects.

CUL-2: The discovery of human remains is always a possibility during ground disturbing activities. If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native HIDDEN OAK TENTATIVE SUBDIVISION Page 4 of 72
American burials.

GEO-1 If any paleontological resources are encountered during ground-disturbance activities, all work within 25 feet of the find shall halt until a qualified paleontologist, as defined by the Society of Vertebrate Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources (2010), can evaluate the find and make recommendations regarding treatment. Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock.

The qualified paleontologist shall contact the Natural History Museum of Los Angeles County or another appropriate facility regarding any discoveries of paleontological resources.

If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations and fossil recovery may be required to mitigate adverse impacts from Project implementation. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided to ensure no adverse effects, or such effects must be mitigated.

Construction in that area shall not resume until the resource-appropriate measures are recommended, or the materials are determined to be less than significant. If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in an accredited and permanent scientific institution. Copies of all correspondence and reports shall be submitted to the Lead Agency NSE-1: During construction, the contractor shall implement the following measures:

1. All stationary construction equipment on the Project site shall be located so that noise-emitting objects or equipment face away from any potential sensitive receptors.

2. The construction contractor shall ensure that all construction equipment is equipped with manufacturer-approved mufflers and baffles. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers.

3. Construction activities shall take place during daylight hours, when feasible.

HIDDEN OAK TENTATIVE SUBDIVISION Page 5 of 72

INITIAL STUDY

1. Project Title: Hidden Oak Subdivision

2. Lead Agency: City of Lindsay
251 E. Honolulu St.

Lindsay, CA 93247
(559) 562-7102
Contact Person: Kira Stowell

3. Applicant: Quest Equity LLC
1878 N. Mooney
Blvd. Tulare, CA
93274
(559) 799-6993

4. Project Location: The project is located north of Tulare Road on the west side of Oak Avenue (APN 199-050-055). The project has access from Oak Avenue, north of Tulare Road. The site is approximately 9.10 acres and is adjacent to existing rural residential and undeveloped land to the east, agriculture to the north and west, and undeveloped land to the south

5. General Plan Designation The site is designated as Low Density Residential as shown below.

HIDDEN OAK TENTATIVE SUBDIVISION Page 6 of 72
Figure 1 General Plan Map

6. Zoning Designation: The site is zoned R-1-7, as shown below. If the zone change is approved, the zone district would be R-1-5 PUD.

Project
Site
HIDDEN OAK TENTATIVE SUBDIVISION Page 7 of 72
Figure 2 Zone Map

7. Project Description: The proposed project involves the development of a 50-lot single family residential subdivision. The proposed project would result in on-site infrastructure improvements, including the addition of a new sidewalk on Oak Avenue and new streets i ncluding curb, gutter, lighting and sidewalks within the subdivision, and a stormwater retention basin. he applicant proposes to install artifical turf and low water plants in the front yard landscaping. The Project may also include the installation of up to 50% of the rear yard in artificial turf, if requested by the initial homeowner.

Project
Site
HIDDEN OAK TENTATIVE SUBDIVISION Page 8 of 72
Construction is proposed to begin in November 2024 and continue for 24 months.

8. Surrounding Land Use Designations and Settings:

North: County/Existing Agricultural
South: R-M-3/ Undeveloped Land
East: Low Density Residential/ Existing Rural Residences and Undeveloped Land West: County/ Existing Agriculture

9. Required Approvals: The following discretionary approvals are required from The City of Lindsay for the proposed project:
• Rezone ZC 24-01- from R-1-7 to R-1-5 PUD to allow 5,000 square foot lots • Hidden Oak Tentative Subdivision Map
• Planned Unit Development Permit 24-01
• Development Agreement

10. Other Public Agencies Whose Approval May be Required • San Joaquin Valley Air Pollution Control District (SJVAPCD)- Rule 9510 Indirect Source Review (ISR)
• Central Valley Regional Water Quality Control Board, Stormwater Pollution Prevention Plan (SWPPP)

11. Native American Consultation: The City of Lindsay has not received a request for notification from any tribe in accordance with AB 52, however notices were sent to the tribes listed on the notification list received from the Native American Heritage Commission on April 5, 2024. No responses were received.

12. Parking and access: Vehicular access to the project will be from Oak Avenue connecting to Tulare Avenue to the south. Each single family residence will include a two car garage.

13. Landscaping and Design: The landscape and design plans will be required attime the building permits are submitted for the project and will be subject to the City of Lindsay’s Model Water Efficient Landscape Ordinance (MWELO). The applicant proposes to install artificial turf in both the front and rear yards.

14. Utilities and Electrical Services: City services (water, sewer, storm drain, law enforcement, fire protection etc.) will be available to the proposed Project area upon development.

HIDDEN OAK TENTATIVE SUBDIVISION Page 9 of 72
Figure 3
Vicinity Map
Project Site
HIDDEN OAK TENTATIVE SUBDIVISION Page 10 of 72
Figure 4
Project Location
Project Site
HIDDEN OAK TENTATIVE SUBDIVISION Page 1 of 72
Figure 5 Tentative Subdivision Map
HIDDEN OAK TENTATIVE SUBDIVISION Page 2 of 72

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
 Aesthetics  Greenhouse Gas Emissions  Public Services  Agriculture and Forest Resources  Hazards and Hazardous Materials  Recreation  Air Quality  Hydrology and Water Quality  Transportation  Biological Resources  Land Use and Planning Tribal Cultural Resources  Cultural Resources  Mineral Resources  Utilities and Service Systems  Energy  Noise  Wildfire
 Population  Mandatory Findings of
Significance
DETERMINATION: (To be completed by the Lead Agency) Where potential impacts are anticipated to be significant, mitigation measures will be required, so that impacts may be avoided or reduced to insignificant levels.

On the basis of this initial evaluation:
 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION WILL BE PREPARED.
 I find that although the proposed project could have a significant effect on the environment, therewill not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
 I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to beaddressed.
 I find that although the proposed project could have a significant effect on the environment because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is requested.

City of Lindsay Date
HIDDEN OAK TENTATIVE SUBDIVISION Page 3 of 72

EVALUATION OF ENVIRONMENTAL IMPACTS

1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question.

A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should beexplained where it is based on project-specific factors, as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

2. All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as wellas operational impacts.

3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, orlessthan significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.

5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D).

In this case, a brief discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined fromthe earlier document and the extent to which they address site-specific conditions for theproject.

6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to apreviously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.

9. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and the mitigation measure identified, if any, to reduce the impact to less than significance HIDDEN OAK TENTATIVE SUBDIVISION Page 4 of 72

ENVIRONMENTAL ANALYSIS
The following section provides an evaluation of the impact categories and questions contained in thechecklist and identify mitigation measures, if applicable.

I. AESTHETICS
Except as provided in Public Resource
CodeSection 210999, would the project: Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic
vista?    
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within state
scenic highway?
   
c) In non-urbanized areas, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from a
publicly accessible vantage point). If the project is
in an urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?
  
d) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
   
Environmental Setting
The following photos demonstrate the aesthetic character of the Project area. As shown, the proposed Project Site area is undeveloped land, in a relatively flat area characterized by agricultural uses. There are three rural homes with outbuildings to the east of the Project site. To the south is undeveloped land and active agricultural uses to the north and west.

Discussion
a) Would the project have a substantial adverse effect on a scenic vista? A scenic vista is defined as a viewpoint that provides expansive views of highly valued landscape for the benefit of the general public. The Sierra Nevada Mountains are the primary scenic vista within this region. The proposed Project will not impede on adjacent properties’ view of the Sierra Nevada Mountains, given that the poor air quality in the area obscures the views of the mountains most days, and the Project would construct homes that would be compliant with the height limit in the City’s zoning code. The proposed Project would not be substantially altering the existing views in the area as there are currently homes east of the development, which will retain their views. Therefore, there is no impact.

HIDDEN OAK TENTATIVE SUBDIVISION Page 5 of 72
Mitigation Measures: None Required
b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within state scenic highway? There are no Officially Designated State Scenic Highways within the City of Lindsay. The closest is State Route 198 located approximately 8 miles to the north, therefore there is no impact.

Mitigation Measures: None Required
c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? The proposed Project is not currently developed and is adjacent to non-urbanized area to the north, south and west. The proposed Project would not degrade the visual character or quality of the site and surroundings but will result in a change from the agricultural character, therefore the impact is less than significant.

Mitigation Measures: None Required
d) Would the project create a new source ofsubstantial light or glare which would adversely affectday or nighttime views in the area?
The proposed Project would result in new lighting sources on the Project site. New lighting sources wouldinclude interior lighting from residences and street lighting. All street lighting will be consistent with the City’s lighting standards, which are developed to minimize impactsrelated to excessive light and glare. City standards reduce light and glare impacts by includingwatt maximums and location criteria based on public safety. Although the Project will introduce new light sources to the area, all lighting will be consistent with nearby residential land uses and the City’s lighting standards. Therefore, impacts are considered less than significant.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 6 of 72
II. AGRICULTURE AND FOREST RESOURCES:

In determining whether impacts to agricultural
resources are significant environmental effects,
lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California
Department of Conservation as an optional
model to use in assessing impacts on agriculture
and farmland. In determining whether impacts to
forest resources, including timberland, are
significant environmental effects, lead agencies
may refer to information compiled by the
California Department of Forestry and Fire
Protection regarding the state’s inventory of
forest land, including the Forest and Range
Assessment Project and the Forest Legacy
Assessment project; and forest carbon
measurement methodology provided in the
Forest Protocols adopted by the California Air
Resources Board. Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
   
b) Conflict with existing zoning for agricultural
use, or a Williamson Act Contract?    
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland (as
defined by Public Resources Code section 4526),
or timberland zoned Timberland Production (as
defined by Government Code section 51104(g)?
   
d) Result in the loss of forestland or conversion of
forest land to non-forest use?    
e) Involve other changes in the existing
environment, which, due to their location or
nature, could result in conversion of Farmland, to
non-agricultural use or conversion of forestland to
non-forest use?
   
Environmental Setting
The proposed Projectsite is not zoned for agricultural activities orsubject to a WilliamsonAct Contract, but HIDDEN OAK TENTATIVE SUBDIVISION Page 7 of 72
is designated as Farmland of Local Importance as shown by the Farmland Mapping and Monitoring Program (FMMP), Figure 6. Thesoil is Exeter Loam. 0 to 2 percent slope.The site is adjacent to rural development to the east, agriculture to the north and west and fallow land to the south.

Regulatory Setting
California Farmland Mapping and Monitoring Program (FMMP): The FMMP is implemented by the California Department of Conservation (DOC) to conserve and protect agricultural lands within the State.

Land is included in this program based on soil type, annual crop yields, and other factors that influence the quality of farmland. The FMMP mapping categories for the most important statewide farmland are as follows:
• Prime Farmland hasthe ideal physical and chemical composition for crop production. It has beenused for irrigated production in the four years prior to classification and is capable of producing sustained yields.
• Farmland of Statewide Importance has also been used for irrigated production in the four yearsprior to classification and is only slightly poorer quality than Prime Farmland. • Unique Farmland has been cropped in the four years prior to classification and does not meet the criteria for Prime Farmland or Farmland of Statewide Importance but has produced specific cropswith high economic value.
• Farmland of Local Importance encompasses farmland that does not meet the criteria for the previous three categories. These may lack irrigation, produce major crops, be zoned as agricultural, and/or support dairy.

HIDDEN OAK TENTATIVE SUBDIVISION Page 8 of 72
Figure 6
Important Farmland Map
California Important Farmland
Prime Farmland
Farmland of Local Importance
Vacant or Disturbed Land
Rural Residential Land
Urban and Built-Up Land
Project Site
Discussion
NORTH
HIDDEN OAK TENTATIVE SUBDIVISION Page 9 of 72
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? The proposed site is classified as Farmland of Local Importance, not Prime Farmland, Unique Farmland, or Farmland of Statewide Importance by the California Department of Conservation (DOC), Figure 6. Therefore there is no impact.

Mitigation Measures: None Required
b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act Contract? The Project site is not zoned for agriculture or subject to a Williamson Act Contract, therefore there is no impact.

Mitigation Measures: None Required
c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)?
The Projectsite is not zoned for forest or timberland production and is not adjacent to any forest land, therefore, there is no impact.

Mitigation Measures: None Required
d) Would the project result in the loss of forestland or conversion of forest land to non-forest use? The site does not contain forestland and is not adjacent or in proximity to any forestland or use, therefore there is no impact.

Mitigation Measures: None Required
e) Would the project involve other changes in the existing environment, which, due to their location or nature, could resultin conversion of Farmland, to non-agricultural use or conversion of forestland to non-forest use?
As discussed above, the proposed Project site is not considered prime farmland and adjacent farmland will not be converted to nonagricultural use as a result of the proposed Project. Those properties classified as Prime Farmland are mostly cultivated with high value permanent citrus crops, which make them less likely to be converted. Therefore, impacts would be less than significant.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 10 of 72
III. AIR QUALITY
Where available, the significance criteria
established by the applicable air quality
management district or air pollution control
district may be relied upon to make the
following determinations. Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation
of the applicable air quality plan?    
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
   
c) Expose sensitive receptors to substantial
pollutant concentrations?    
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
   
Environmental Setting
This section describes existing air quality within the San Joaquin Valley Air Basin (SJVAB) and in Tulare County. The SJVAB is comprised of eight counties: Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. The air basin is bordered by the Sierra Nevada Mountains to the east, Coastal Range to the west and the Tehachapi Mountains to the south. These topographical features directly relate to air quality within the SJVAB. Air quality is described in relation to air quality standards for criteria pollutants such as ozone, carbon monoxide, and particulate matter. Air quality can be directly affected by the type and density of land use change and population growth.

Tulare County is located in one of the most polluted air basins in the Country. Wind patterns contribute to air quality by restricting access from the west by the Coastal Range and the Sierra Nevada Mountain Range to the east. Southerly airflow is restricted by the Tehachapi Mountains in the south. The result of restricted air flow is an accumulation of air pollutants as they are “trapped” in the basin. The resulting accumulation of pollutants has resulted in the SJVAB being in nonattainment for several pollutant standards.

The San Joaquin Valley Air Pollution Control District (SJVAPCD) is responsible for enforcing air quality standards in the project area. To meet state and federal air quality objectives, the SJVAPCD adopted the thresholds of significance as shown in Table 3-1.

Table 3-1 SJVAPCD Thresholds of Significance
Pollutant/Precursor
Construction
Emissions
Operational Emissions
Permitted
Equipment and
Activities
Non-Permitted
Equipment and
Activities
Emissions (tpy) Emissions (tpy) Emissions (tpy)
CO 100 100 100
HIDDEN OAK TENTATIVE SUBDIVISION Page 11 of 72
Nox 10 10 10
ROG 10 10 10
Sox 27 27 27
PM10 15 15 15
PM2.5 15 15 15
Source: SJVAPCD
The following SJVAPCD rules and regulations may apply to the proposed project:

The following SJVAPCD rules and regulations may apply to the proposed project:
• Rule 3135: Dust Control Plan Fee. All projects which include construction, demolition, excavation, extraction, and/or other earth moving activities as defined by Regulation VIII(Described below) are required to submit a Dust Control Plan and required fees to mitigate impacts related to dust. • Rule 4101: Visible Emissions. District Rule 4101 prohibits visible emissions of air contaminants that are dark in color and/or have the potential to obstruct visibility. • Rule 9510: Indirect Source Review (ISR). This rule reduces the impact PM10 and NOX emissions from growth on the SJVB. This rule places application and emission reduction requirements on applicable development projects in order to reduce emissions through onsite mitigation, offsite SJVAPCD administered projects, or a combination of the two. This project will submit an Air Impact Assessment (AIA) application in accordance with Rule 9510’s requirements. • Regulation VIII: Fugitive PM10 Prohibitions. Regulation VIII is composed of eight rules which together aim to limit PM10 emissions by reducing fugitive dust. These rules containrequired management practicesto limit PM10 emissions during construction, demolition,excavation, extraction, and/or other earth moving activities.

The San Joaquin Valley Air Pollution Control District (SJVAPCD) has published guidance on determining potential significant impacts and potential mitigation of significant impacts in its Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI). The proposed Project was evaluated using the Small Project Analysis Levels (SPAL) which utilizes criteria for one-way trips and heavy heavy duty trucks (HHDT).

Discussion
a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Using Projecttype and size categories, the SJVAPCD has pre-quantified emissions and determined a size below which it is reasonable to conclude that a Project would not exceed applicable thresholds of significance for criteria pollutants. The proposed Project was determined to qualify as the Small Project Analysis Level (SPAL).

The Project would subdivide an approximately 9.1-acre parcel into 50 lots designated for single family residential development. As indicated in the SJVAPCD Guide to Mitigating and Assessing Air Quality Impacts (GAMAQI) Projects that fall within the SPAL analysis levels are “deemed to have a less-than-significant impact on air quality due to criteria pollutant emissions and as such are excluded from quantifying criteria pollutant emissions for CEQA purposes. Table 3-2 provides the screening thresholds for consideration under SPAL and comparison of the Project to SPAL thresholds.

HIDDEN OAK TENTATIVE SUBDIVISION Page 12 of 72
Table 3.2
SPAL Thresholds and Project Comparison

LAND USE TYPE SIZE UNIT AVERAGE DAILY

ONE-WAY TRIPS

FOR ALL FLEET

TYPES (EXCEPT
HHDT)
AVERAGE DAILY ONEWAY FOR HHDT TRIPS
ONLY (50 MILE TRIP

LENGTH)
Single Family 155 Dwelling
Unit
AND
LESS
THAN
800 15
Apartment (low rise) 224 Dwelling
Unit
800 15
Apartment (mid rise) 255 Dwelling
Unit
800 15
Apartment (high rise) 340 Dwelling
Unit
800 15
Condominium/Townhouse 256 Dwelling
Unit
800 15
Condominium High Rise 352 Dwelling
Unit
800 15
Mobile Home Park 292 Dwelling
Unit
800 15
Retirement Community 580 Dwelling
Unit
800 15
Congregate Care 536 Dwelling
Unit
800 15
PROJECT 50 Dwelling
Unit
57 (Construction)
482 (Operations)
0 Source: San Joaquin Valley Air Pollution Control District, 2020 The 11th Edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual calculation for single-family detached housing (210) indicates that a 50 unit single-family subdivision would have an average daily trip rate of 9.64 daily trips and result in approximately 482 trips per day. During construction there would be 57 trips per day. There would be zero trips by HHDT’s traveling greater than 50 miles in trip length. Based on the SPAL thresholds, the proposed Project’s emissions during construction and after full buildout would be well under the thresholds. The proposed Project has been screened under SPAL thresholds and has been determined to result in a less than significant impact.

HIDDEN OAK TENTATIVE SUBDIVISION Page 13 of 72
Mitigation Measures: None Required
b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
See (a) above.

Mitigation Measures: None Required
c) Would the project expose sensitive receptors to substantial pollutant concentrations? The Project does not include any components identified by the California Air Resources Board that could potentially impact any sensitive receptors. These include heavily traveled roads, distribution centers, fueling stations, and dry-cleaning operations.

The City of Lindsay has recently approved a conditional use permit with an associated Initial Study/Mitigated Negative Declaration for a Travel Center that includes a 16-pump automobile fueling facility, a 6-pump truck fueling facility, a 5,440 sq.ft. convenience market, two fast-food restaurants, and a stormwater retention basin that could expose the Project to pollutant concentrations. The potential future travel center is located approximately 320 feet to the southwest from the Project. As part of the Travel Center project approval, an Air Quality, Health Risk Analysis, Greenhouse Gas and Energy Technical Memorandum was prepared by Johnson, Johnson and Miller Air Quality Consulting Services (March, 2024) and included in the Initial Study prepared for the project, herein incorporated by reference. The study evaluated potential impacts from the Travel Center to nearby sensitive uses. The study results state that the Travel Center project emission will not exceed SJVAPCD’s regional criteria pollutant emissions quantitative thresholds during construction or when fully operational. The study also included a Health Risk Assessment to assess impacts to sensitive uses located within 1,000 feet of the project, which would include the subject project. The HRA concluded that the Travel Center metrics from elevated diesel particulate matter (DPM) concentrations during construction and operations of the center would not exceed the cancer risk significance threshold or noncancer hazard index significance threshold.

As such, impacts from exposure to substantial pollutant concentrations are less than significant.

Mitigation Measures:None Required
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
The Project will create temporary localized odors during temporary construction. The proposed Project will not introduce a conflicting land use to the area and will not have any component that would typically emit odors. The project would not create objectionable odors affecting a substantial number of people. Therefore, there would be no impact.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 14 of 72
IV. BIOLOGICAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either
directly or through habitat modifications, on any
species identified as a candidate, sensitive, or
special status species in local or regional plans,
policies, or regulations, or by the California
Department of Fish & Game or U.S. fish and
Wildlife Service?
   
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional plans,
policies, regulations, or by the California
Department of Fish and Wildlife or US Fish and
Wildlife Service?
   
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
   
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
   
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
   
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
   
Environmental Setting
The Project Site is currently undeveloped land and does not contain any buildings. The site has been highly disturbed as a result of periodic grading and discing as part of normal agricultural practices and for weed control since agricultural practices have ceased. The site will continue to be disced for weed and fire control.

Discussion
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish & Wildlife or U.S.

HIDDEN OAK TENTATIVE SUBDIVISION Page 15 of 72
Fish and Wildlife Service?
The 1989 General Plan states that there are no rare or endangered species of plants or wildlife within the Lindsay planning area. The highly disturbed nature resulting from previous agricultural practices, ongoing discing and development surrounding the subject project site have resulted in the removal of potentially suitable native habitat for sensitive species.

A Biological Evaluation (BE) was completed by Live Oak Associates (2024, see Appendix A), which included a site evaluation on December 21, 2023. Sources of information for the BE included the Information for Planning and Consultation (IPaC) system (USFWS 2023), California Natural Diversity Data Base (CDFW 2023), Online Inventory of Rare and Endangered Vascular Plants of California (CNPS 2023), and manuals, reports, and references related to plants and animals of the project vicinity. A complete list and references are found in the BE.

The California Natural Diversity Data Base (CNDDB)searchindicated nineteenspecial status plants and animals have been documented in the general vicinity of the Project site, or are known to occur regionally. Of these, thirteen are considered absent from or unlikely to occur on the site due to the absence of suitable habitat, the site’s urban setting and other landscape factors, and/or the site’s being situated outside of the species’ known distribution. The thirteen include the vernal pool fairy shrimp (Branchinecta lynchi), Crotch bumblebee (Bombus crotchii), valley elderberry longhorn beetle (Desmocerus californicus dimorphus), California tiger salamander (Ambystoma californiense), foothill yellow-legged frog (Rana boylii), western pond turtle (Actinemys marmorata), western yellow-billed cuckoo (Coccyzus americanus occidentalis), California condor (Gymnogyps californianus), Tipton kangaroo rat (Dipodomys nitratoides nitratoides), San Joaquin kit fox (Vulpes macrotis mutica), western spadefoot (Spea hammondii), northern California legless lizard (Anniella pulchra), and American badger (Taxidea taxus). Because these species have no appreciable potential to occur on site, they are not expected to be affected by the Project, directly or indirectly. Project impacts to these species are considered less than significant.

Five other special status animal species have the potential to forage on site from time to time, but would not use the site for sensitive activities such as breeding, nesting, or communal roosting. These include the monarch butterfly (Danaus plexippus), tricolored blackbird (Agelaius tricolor), pallid bat (Antrozous pallidus), Townsend’s big-eared bat (Corynorhinus townsendii), and western mastiff bat (Eumops perotis ssp. californicus). The monarch butterfly, tricolored blackbird, pallid bat, Townsend’s big-eared bat, and western mastiff bat do not have the potential to be substantially disturbed by construction activities at off-site breeding, nesting, or roosting locations. All are highly mobile while foraging and would be expected to simply avoid active work areas. Moreover, as nocturnal foragers, the three bat species would presumably have limited potential to forage on site while construction is actually occurring. The Project would not adversely affect these five species through loss of habitat.

The site does not offer unique habitat for any of these species, nor is it likely to represent an important part of any individual home range, given its disturbed nature and urban setting. Similar and higher quality habitats are regionally abundant. For these reasons, impacts to the monarch butterfly, tricolored blackbird, pallid bat, Townsend’s big-eared bat, and western mastiff bat are considered less than significant.

HIDDEN OAK TENTATIVE SUBDIVISION Page 16 of 72
One especial status species, the Swainson’s hawk (Buteo swainsoni), a California Threatened species, has the potential to forage within the Project site and nest within the vicinity of the Project site. If a Swainson’s hawk pair were to be nesting in a nearby tree at the time of construction, they could be at risk of construction-related disturbance leading to nest abandonment or reduced nesting success.

Project activities that injure, kill, or reduce nesting success of Swainson’s hawks would violate state and federal laws and be considered a significant impact.

Swainson’s hawks would not be vulnerable to construction-related injury or mortality while foraging because they are highly mobile during this activity and are expected to avoid active work areas. The Projectsite is not expected to significantly impact this species through loss of foraging habitat. Projectrelated habitat loss will be small-scale, at only 9 acres, with many more acres of similar or better foraging habitat remaining available within the vicinity of the Project site.

Implementation of the following mitigation measures BIO 1 and BIO 2 would reduce impacts to the Swainson’s hawk by avoiding construction during nesting season, conducting a preconstruction survey following CDFW protocols, and avoidance of active nests within ¼ mile of the Project site. BIO 3 would reduce impacts to raptors and migratory nesting birds by requiring a preconstruction clearance survey of the Project prior to ground disturbance and the establishment of appropriate avoidance buffers, if necessary. Therefore impacts are considered to be less than significant with mitigation incorporated.

Mitigation Measures:

BIO-1 (Swainson’s Hawk). If feasible, project construction shall occur entirely outside the Swainson’s hawk nesting season, typically defined as March 1- September 15.

If construction activities must occur between March 1 and September 15, prior to initial ground disturbance or building permits, a qualified Biologist shall conduct Swainson’s hawk nesting surveys on-site and within a 0.5-mile radius of the project site to determine whether nests are present and if so, occupied. Occupancy shall be determined through observation of all accessible areas, including from public roads or other publicly accessible observation areas of Swainson’s hawk activity (e.g., foraging) on and near the project site. If ground disturbance occurs outside the nesting season, no further action is required.

A qualified Biologist shall follow the survey protocol outlined in the California Department of Fish and Wildlife (CDFW) Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (2002), which recommends surveys according to the following survey periods:

1. January–March 20: Conduct one survey total.

2. March 20–April 5: Conduct three surveys total. Surveys shall be conducted between sunrise to 10:00 a.m. and/or 4:00 p.m. to sunset.

3. April 5–April 20: Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:30 p.m. to sunset.

4. April 21–June 10: Initiating surveys are not recommended. Monitoring of known nest sites only.

5. June 10–July 30: (post-fledging) Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:00 p.m. to sunset.

HIDDEN OAK TENTATIVE SUBDIVISION Page 17 of 72
Pre-construction surveys shall be completed for at least the two survey periods immediately prior to the subject ground-disturbing activities being initiated, with the latest survey no more than 10 days prior to the start of the subject ground-disturbing A copy of the survey results shall be submitted to the lead agency as evidence of compliance.

BIO-2 (Swainson’s Hawk). If nests are located and determined to be occupied, minimization measures must be implemented by the relevant applicant in connection with a specific individual development application, and construction monitoring conducted as follows:

1. Construction activities shall be prohibited within 600 feet of an active and occupied Swainson’s hawk nest or within 600 feet of nests under construction to prevent nest abandonment unless a smaller buffer is approved pursuant to subsection (2) below. This incorporates the maximum avoidance buffer size stated in the California Department of Fish and Wildlife (CDFW) Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley.

2. If site-specific conditions or the nature of the construction activity (e.g., other nearby development, limited activities) indicate that a smaller buffer, or no buffer at all, could be used, the project developer may seek approval from the qualified Biologist who, in coordination with the CDFW, shall determine the appropriate buffer size, which, once approved, shall govern.

3. No tree containing an active Swainson’s hawk nest shall be removed.

A copy of the survey results shall be submitted to the lead agency as evidence of compliance.

If (i) no nests are located or (ii) if nests are located and determined not to be occupied, then no minimization measures shall need to be implemented and no further mitigation under MM BIO-2 shall be required.

BIO-3 (Nesting Birds and Raptors). If feasible, all construction activities shall take place between September 1 and January 31.

If construction activities must be completed during the February 1-August 31 avian nesting season, then within 14 days prior to the start of any ground disturbance activities, a qualified biologist shall conduct preconstruction surveys for active bird nests. The survey area shall encompass the project site and surrounding lands within 250 feet for nesting migratory birds and 500 feet for raptors.

If nesting birds are identified during the survey, active raptor nests shall be avoided by 500 feet, and all other migratory bird nests shall be avoided by 250 feet. Avoidance buffers may be reduced if a qualified on-site monitor determines that encroachment into the buffer area is not affecting nest building, the rearing of young, or otherwise affecting the breeding behaviors of the resident birds.

Because nesting birds can establish new nests or produce a second or even third clutch at any time during the nesting season, nesting bird surveys shall be repeated every 30 days as construction activities are occurring throughout the nesting season.

HIDDEN OAK TENTATIVE SUBDIVISION Page 18 of 72
No construction or earth-moving activity shall occur within a non-disturbance buffer until it is determined by a qualified biologist that the young have fledged (left the nest) and have attained sufficient flight skills to avoid Project construction areas. Once the migratory birds or raptors have completed nesting, and the young have fledged, disturbance buffers will no longer be needed and may be removed, and monitoring may cease.

A copy of the survey results shall be submitted to the lead agency as evidence of compliance. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? There is no riparian habitat or other sensitive natural community on site or adjacent to the Project.

Therefore, there is no impact.

Mitigation Measures: None Required
c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No water or other hydrologic features occur within the Project site. There are no jurisdictional water features. Therefore, no impacts to state or federally protected wetlands would occur. There is no impact.

Mitigation Measures: None Required
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
The project does not contain streams or other waterways that could be used by migratory fish or as a wildlife corridor for other wildlife species. To the east the Project is bordered by the railroad. To the west it is bordered by existing residential. To the north by existing citrus groves and to the south, the Project is bordered by existing industrial development. As such, the Project would not interfere substantially with the movement of any resident or migratory fish, wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites, therefore there is no impact.

Mitigation Measures: None Required
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
The subject site currently has very little vegetation, including trees. There are no adopted local HIDDEN OAK TENTATIVE SUBDIVISION Page 19 of 72
policies or ordinances protecting biological resources that would apply to the Project. Therefore, implementation of the proposed Project would have no conflict related to adopted local policies or ordinances protecting biological resources, and there would be no impact.

Mitigation Measures: None Required
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The proposed Project is not located within the boundaries of an adopted Habitat Conservation Plan, Natural Communities Conservation Plan, or other approved local, regional or State habitat conservation plan. There is no impact.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 20 of 72
V. CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
Section 15064.5?
   
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to Section 15064.5?
   
c) Disturb any human remains, including those
interred outside of formal cemeteries?    
Environmental Setting
Generally, the term cultural resources describes property types such as prehistoric and historical archaeological sites, building, bridges, roadways and tribal cultural resources. As defined by CEQA, historical resources includes sites, structures, objects or districts that may have historical, prehistoric, architectural, archaeological, cultural, or scientific importance. Such resources are eligible for listing in the California Register of Historic Resources by the State Historical Resources Commission. The City of Lindsay has one site listed on the State Register of Historic Places: The Butterfield Stage Route located approximately three quarters of a mile to the southwest. The historic marker is located at the SW corner of Hermosa St (Ave 228) and SR 65, 1 mile west of Lindsay.

The Southern San Joaquin Information Center (SSJIC) conducted a California Historical Resources Information System (CHRIS) Record Search for the Project site on December 18, 2023. According to the results of the records search, no cultural resources were found within the Project boundary. The Project site was surveyed in 2004 by Caltrans which resulted in negative findings on the site (TU-01673). Finally, archival research showed the site as an orchard from 1956 to 2006 and as an empty agricultural field from 2009 to present day. While past agricultural activities may have potentially destroyed or obscured ground surface evidence of archaeological resources within the Project boundary, intact archaeological resources related to prior occupation of the area may potentially exist below the ground surface. See the letter from SSJIC, Appendix B.

The City has not received a request for notification from any tribe in accordance with AB 52, however notices were sent to the tribes listed on the notification list received from the Native American Heritage Commission on April 5, 2024. No responses were received.

Discussion
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
There are no known historical resources on or near the subject property that would be impacted by the proposed Project, therefore there is no impact.

HIDDEN OAK TENTATIVE SUBDIVISION Page 21 of 72
Mitigation Measures: None Required
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
There are no known archaeological resources located within the Project area. Implementation of Mitigation Measures CUL-1 that require that if any remains are discovered, construction shall stop and appropriate authorities be notified. Authorities include the County Coroner and archaeologist and, if remains are determined to be pre-historic, the NAHC shall be consulted. Implementation of Mitigation Measures CUL 1 will ensure that impacts will be less than significant with mitigation incorporated.

Mitigation Measure:

CUL-1: If cultural resources are encountered during ground-disturbing activities, work in the immediate area must halt and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology (NPS 1983) should be contacted immediately to evaluate the find. Cultural resource materials may include prehistoric resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire-affected rock, as well as historic resources such as glass, metal, wood, brick, or structural remnants. If the discovery proves to be significant under CEQA, additional work such as data recovery excavation and Native American consultation may be warranted to mitigate any adverse effects.
c) Would the project disturb any human remains, including those interred outside of formal cemeteries?
There are no known human remains buried in the Project vicinity. If human remains are unearthed during development, there is a potential for a significant impact. As such, implementation of Mitigation Measure CUL-2 will ensure that impacts remain less than significant with mitigation incorporated.

Mitigation Measure:

CUL-2: The discovery of human remains is always a possibility during ground disturbing activities. If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removaland nondestructive analysis of human remains and items associated with Native American burials HIDDEN OAK TENTATIVE SUBDIVISION Page 22 of 72
VI. ENERGY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
   
b) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency?    
Environmental Setting
Energy conservation requires consideration of energy implications in project decisions, including a discussion of the potential energy impacts with emphasis on avoiding or reducing inefficient, wasteful and unnecessary consumption of energy resources. A project would be considered inefficient wasteful and unnecessary if it violated existing energy standards, had a negative effect on local and regional energy supplies and requirement for additional capacity, or had a negative effect on peak and base period demands for electricity and other energy forms.

The California Energy Commission updates the Building Energy Efficiency Standards (Title 24, Parts 6 and 11) every three years as part of the California Code of Regulations. The City has adopted the 2022 California Building Code, including the 2022 Energy Efficiency Standards. The standards apply to new construction, additions and alterationsto residential and nonresidential buildings and related to various energy efficiencies including but not limited to ventilation, air conditioning, and lighting.

Southern California Edison provides electrical service to the City of Lindsay and Southern California Gas (SoCalGas) Company provides natural gasservicesto the Project area.

Discussion
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? The Project proposes the construction of 50 single family residences that will result in additional energy consumption, as evaluated below.

Construction
During Project construction there would be an increase in energy consumption related to worker trips and operation of construction equipment. This energy consumption will be short-term and temporary. There are not unusual Project characteristics or construction processes that would require use of equipment that will be more energy intensive than used for comparable activities. Construction will include site preparation, building construction, paving and architectural coatings. The primary source of energy for construction will be diesel and gasoline.

All equipment shall conform to current emission standards and related fuel efficiencies including applicable California Ari Resources Board (CARB) regulations, California Code of Regulations (Title 13, Motor Vehicles) and HIDDEN OAK TENTATIVE SUBDIVISION Page 23 of 72
Title 24 standards. Compliance with these regulations would ensure that short-term, temporary construction activities do not result in wasteful, inefficient or unnecessary consumption of energy resources.

Operations
Project operation involves the heating, cooling, use of equipment, and vehicle trips. Operation of the 50 residential homes would be required to comply with energy efficiency standards as dictated by State and federal regulations including Tite 24 energy efficiency requirements and adopted energy efficient standards by the California Energy Commission.

Therefore, the Project is expected to comply with all energy efficiency standards and requirements and will have a less than significant impact.

Mitigation Measures: None Required
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? See discussion above. The proposed Project will not conflict with or obstruct any State or local plans for renewable energy or energy efficiency. The Project will be designed to meet Title 24 and CALGreen requirements. Compliance with these standards will be enforced by the City of Lindsay Building Division, therefore there is no impact.

Mitigation Measures: None Required.

HIDDEN OAK TENTATIVE SUBDIVISION Page 24 of 72
VII.GEOLOGY AND SOILS
Would the project: Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential
substantial adverse effects, including the risk of
loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication

42.    
ii) Strong seismic ground shaking?    
iii) Seismic-related ground failure, including
liquefaction?    
iv) Landslides?    
b) Result in substantial soil erosion or the loss of
topsoil?    
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in onor off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
   
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code (1994),
creating substantial direct and indirect risks to life
or property?
   
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative waste water
disposal systems where sewers are not available
for the disposal of waste water?
   
f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
   
Environmental Setting
Geologic Stability and Seismic Activity
• Seismicity: Tulare County is considered to be a low to moderate earthquake hazard area. The San Andreas Fault is the longest and most significant fault zone in California and is approximately 40 miles west of the Tulare County Boundary. Owens Valley fault zone is the only active fault located within Tulare County.

Section 5 of the 2017 Tulare Multi-Jurisdictional Local Hazard Mitigation Plan identifies the Project site as likely to experience low to moderate shaking from earthquakes and may experience higher levels if an earthquake were to occur in or near the County. Ground shaking can result in other geological impacts, including liquefaction, landslides, lateralspreading, subsidence, or collapse.

HIDDEN OAK TENTATIVE SUBDIVISION Page 25 of 72
• Liquefaction: Liquefaction is a phenomenon whereby unconsolidated and/or near-saturated soilslose cohesion and are converted to a fluid state as a result of severe vibratory motion. The relatively rapid loss of soil shear strength during strong earthquake shaking results in temporary, fluid-like behavior of the soil, which can result in landslides and lateral spreading. No specific countywide assessment of liquefaction has been performed; however, the 2017 Tulare County Multi- Jurisdictional Local Hazard Mitigation Plan identifies the risk of liquefaction within the county as low because the soil types in the area either too coarse or too high in clay content to be suitablefor liquefaction. • Landslides: Landslides refer to a wide variety of processes that result in the downward and outward movement of soil, rock, and vegetation under gravitational influence. Landslides can becaused by both natural and human-induced changes in slope stability and often accompany other natural hazard events, such as floods, wildfire, or earthquake. Eastern portions of the County are considered to be at a higher risk of landslides where steep slopes are present. However, the majority of the County, including the proposed Project site, is considered to be at low risk of landslides and mudslides because of its flat topography. The 2017 Tulare County Multi-Jurisdictional Local HazardMitigationPlan statesthat occurrence of landslide events within populated areas of Tulare County is unlikely. • Subsidence: Land Subsidence refers to the vertical sinking of land as a result of either manmade or natural underground voids. Subsidence has occurred throughout the Central Valley at differing rates since the 1920s as a result of groundwater, oil, and gas withdrawal. During drought years, Tulare County is prone to accelerated subsidence, with some areas sinking up to 28 feet. Although western portions of the County show signs of deep and shallow subsidence, the majority of the County, including the proposed Project site, is not considered to be at risk of subsidence related hazards.

Discussion
a) Would the project directly or indirectly cause potential substantial adverse effects, including therisk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

There are no active faults mapped in the Project area according to the Tulare County Multi-Hazard Mitigation Plan. Further the Project is not located in an Alquist Priolo Earthquake Fault Zone. Although the Project is located in an area of relatively low seismic activity, the Project could be affected by ground shaking from nearby faults. Therefore impacts are less than significant. ii. Strong seismic ground shaking?
According to the Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan, the Project site is located in an area of relatively low seismic activity. The proposed Project does not include any activities or components that could feasibly cause strong seismic ground shaking, either directly or indirectly. With implementation of Title 24 Building Requirements and local standards impacts would be considered less than significant.
iii. Seismic-related ground failure, including liquefaction? No specific countywide assessment of liquefaction has been performed; however, theTulare County HIDDEN OAK TENTATIVE SUBDIVISION Page 26 of 72
Multi-Hazard Mitigation Plan identifies the risk of liquefaction within the county as low because the soil types are unsuitable for liquefaction. With the implementation of Title 24 Building Code, impacts from liquefaction is considered less than significant.
iv. Landslides?
The proposed Project site is generally flat and there are no hill slopes in the area. As such, there is almost no potential for landslides, therefore there is no impact.

Mitigation Measures: None Required
b) Would the project result in substantial soil erosion or the loss of topsoil? Development of the Project will require typical site preparation activities such as grading and trenching that will in the potential for short term soil disturbance or erosion impacts. Construction would also involve the use of water for dust control that may cause further soil disturbance. Those discharges are the regulated by the National Pollutant Discharge Elimination System (NPDES) permit process and will be addressed through compliance with the State Water Resources Control Board (SWRCB), which requires new development to implement measures to minimize soil erosion related to construction.

Construction-related impacts related to erosion will be temporary and subject to best management practices (BMPs) required by Stormwater Pollution Prevention Plan (SWPPP), which are developed to prevent significant impacts related to erosion from construction. Because impacts related to erosion would be temporary and limited to construction, and because required BMPs would prevent significant impacts related to erosion the impacts from the proposed Project will be less than significant.

Mitigation Measures: None Required
c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateralspreading,subsidence, liquefaction or collapse?
According to the NRCS, the soils associated with the Project site, Exeter Loam, are considered stable and have a low capacity for landslides, lateral spreading, subsidence, liquefaction or collapse. The Project does not involve a substantial grade change to the topography to the point that it would increase the risk of landslides, lateral spreading, subsidence, liquefaction or collapse. The proposed Project will comply with all City and State regulations pertaining to residential construction, including Title 24 building codes.

Therefore, Impacts are considered less than significant.

Mitigation Measures: None Required
d) Would the project be located on expansive soils, as defined in Table 18-1-B of the Uniform BuildingCode (1994), creating substantial direct or indirect risks to life or property? See Responses (c) and (a.-ii) Impacts are less than significant Mitigation Measures: None Required
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The proposed Project will connect to the existing City wastewater infrastructure and would not require the use of septic tanks or alternative wastewater disposal systems, therefore there is no impact.

HIDDEN OAK TENTATIVE SUBDIVISION Page 27 of 72
Mitigation Measures: None Required
f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
The Project site does not have any known paleontological resources or unique geologic features.

Nevertheless, there is some possibility that a buried site may exist in the area and be obscured by vegetation, fill, or other historical activities. ground-disturbing activities are done during construction, there is a potential impact related to damage to or destruction of previously undiscovered paleontological resources or unique geologic features. Implementation of GEO-1 requires work to stop and to contact a qualified paleontologist should construction uncover unknown fossil remains. GEO-1 would reduce potential impacts to less-than-significant level with mitigation incorporated.

Mitigation Measures:

GEO-1 If any paleontological resources are encountered during ground-disturbance activities, all work within 25 feet of the find shall halt until a qualified paleontologist, as defined by the Society of Vertebrate Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources (2010), can evaluate the find and make recommendations regarding treatment.

Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock. The qualified paleontologist shall contact the Natural History Museum of Los Angeles County or another appropriate facility regarding any discoveries of paleontological resources.

If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations and fossil recovery may be required to mitigate adverse impacts from Project implementation. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided to ensure no adverse effects, or such effects must be mitigated. Construction in that area shall not resume until the resource-appropriate measures are recommended, or the materials are determined to be less than significant. If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in an accredited and permanent scientific institution. Copies of all correspondence and reports shall be submitted to the Lead Agency.

HIDDEN OAK TENTATIVE SUBDIVISION Page 28 of 72
VIII. GREENHOUSE GAS EMISSIONS
Would the project: Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment.
   
a) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emissions of greenhouse gases?
   
Environmental Setting
Greenhouse Gases (GHS) are any gases that absorb infrared radiation in the atmosphere and are different from the criteria pollutants discussed in Air Quality. The primary GHGs that are emitted into the atmosphere as a result of human activities are CO2, methane (CH4), nitrous oxide (N2O), and fluorinated gases.

Regulatory Setting
Statewide legislation, rules, and regulations have been adopted to reduce GHG emissions from significant sources. The California Air Resources Board (CARB) and Environmental Protection Agency (EPA) regulate Greenhouse Gas Emissions (GHG) in the State of California and the United States respectively. CARB’s primary regulatory responsibility is within California for GHG emissions. California has adopted statewide legislation addressing various aspects of climate change and GHG emissions mitigation. The governor has also issued several executive orders related to climate change policies. Of particular importance is AB 32 and SB 32, which outline the state’s GHG reduction goals and required the California Air Resources Board (CARB) to regulate sources of GHGs to meet a state goal of reducing GHG emissions to 1990 levels by 2020, 40 percent below 1990 levels by 2030, and 80 percent below 1990 levels by 2050.

The San Joaquin Valley Air Pollution Control District (SJVPCD) has not adopted numeric thresholds to assess for the significant of GHG emission. Instead, the SJVPCD “Guidance for Valley Land Use Agencies in Addressing GHG Emission Impacts for new Projects under CEQA” states that projects that achieve a 29% GHG emission reduction compared to Business as Usual (BAU) would be determined to have a less than significant individual and cumulative impact for GHGs. The SJVAPCD recommends a tiered approach to establish the significance of the GHG impacts on the environment.
• If a project complies with an approved GHG emission reduction plan or GHG mitigation program which avoids or substantially reduces GHG emission with the geographic area in which the project is located, then the project would be determined to have a less than significant individual and cumulative impact for GHG emissions.
• If a project does not comply with an approved GHG emission reduction plan or mitigation program, then it would be required to implement Best Performance Standards (BPS).such as • Providing a pedestrian access network that internally links all residential units and connects to the existing surrounding external streets and pedestrian facilities. • Site design minimizes barriers to pedestrian access and interconnectivity. • Sidewalks along city streets to accommodate pedestrian traffic. • Trees will be planted in accordance with City requirements.

HIDDEN OAK TENTATIVE SUBDIVISION Page 29 of 72
• The applicant will be installing only electric appliances in residences. • If a project is not implementing BPS, then it should demonstrate that it’s GHG emissions would be reduced or mitigated by at least 29 percent compared to Business as Usual.

Projects implementing BPS in accordance with the SJVAPCD;s guidance would be determined to have a less than significant individual and cumulative impact on greenhouse gas emissions and would not require project specific quantification of greenhouse gas emission.

Discussion
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

Construction: Greenhouse gases would be generated during construction from activities including site demolition, site preparation, grading, building construction, application of architectural coatings, and paving. Construction is estimated to emit 53.1 metric tons (MT) per year, well below the threshold of 10,000 MT per year.

Operation: Implementation of the proposed project would result in long-term greenhouse gas emissions associated with area sources, such as natural gas consumption, landscaping, applications of architectural coatings, and consumer products, as well as mobile emissions.

As discussed above, project incorporating the appropriate BPS would not require quantification of specific greenhouse gas emissions and such project would be determined to have a less than significant individual and cumulative impact for greenhouse gas emissions. The project is proposing to utilize BPS strategies, including the following:
• Providing a pedestrian access network that internally links all residential units and connects to the existing surrounding external streets and pedestrian facilities. • Site design minimizes barriers to pedestrian access and interconnectivity. • Sidewalks along city streets to accommodate pedestrian traffic. • Trees will be planted in accordance with City requirements. • The applicant will be installing only electric appliances in residences.

The project will also use a combination of district approved measures and comply with existing State and Regional regulation that will reduce GHG emissions. The following regulations already in effect will assist in reducing the cumulative impacts associated with GHG emissions:
• Compliance with the 2022 California Building Code, including Title 24 requirements • Compliance with the City of Lindsay water-efficient landscape standards • Application of the SJVAPCD Indirect Source Rule 9510 to the project • Compliance with City of Lindsay Municipal Code which requires street trees along public streets Because the project is incorporating the above listed BPSs, the impact to GHG emissions are considered less than significant.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 30 of 72
b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
California passed the California Global Warming Solutions Act of 2006 (AB 32), which requires that statewide greenhouse gas (GHG) emissions be reduced to 1990 levels by 2020. Subsequently, SB 375 requires MPOs to adopt a Sustainable Community Strategy (SCS) or Alternative Planning Strategy (APS) that will prescribe land use allocation in that MPO's regional transportation plan. The California Air Resources Board (CARB), in consultation with MPOs, has provided each affected region with reduction targets for GHGs emitted by passenger cars and light trucks in the region for the years 2020 and 2035. For the Tulare County Association of Governments (TCAG) region, CARB set targets at thirteen (13) percent per capita decrease in 2020 and a sixteen (16) percent per capita decrease in 2035 from a base year of 2005.

As required by California law, city and county General Plans contain a Land Use Element that details the types and quantities of land uses that the city or county estimates will be needed for future growth, and that designate locations for land uses to regulate growth. TCAG uses the growth projections and land use information in adopted general plans to estimate future average daily trips and then VMT, which are then provided to SJVAPCD to estimate future emissions in the Air Quality Plans (AQP).

The Project is consistent with the Lindsay 1989 General Plan Land Use Element Therefore, the Project is consistent with the growth assumptions used in the applicable AQP. Based on the assessment above, the Project will not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Therefore, any Impacts would be less than significant.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 31 of 72
IX. HAZARDS AND HAZARDOUS MATERIALS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
   
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
   
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
   
d) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would it create a significant hazard or
excessive noise to the public or the environment?
   
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
for people residing or working in the project area?
   
f) Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
   
g) Expose people or structures, either directly or
indirectly, to significant risk of loss, injury or death involving wildland fires?
   
Environmental Setting
The project site is not located within two miles of a pubic airport. The nearest airport is located approximately

2.6 miles to the northwest, just outside the City of Exeter. The nearest school is located 0.86 miles from Roosevelt Elementary School to the east. A gas station is located approximately .35 miles to the west at the corner of Cedar Avenue and State Route 65.

The Department of Toxic Substances Control’s(DTSC’s) Envirostor database was used to identify any sites known to be associated with releases of hazardous materials or wastes within the project area, in accordance with Government Code Section 65962.5. No sites were identified in the DTSC research on the subject project.

Discussion
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
HIDDEN OAK TENTATIVE SUBDIVISION Page 32 of 72
Project construction activities may involve the use, storage, and transport of hazardous materials. During construction, the contractor will use fuel trucks to refuel onsite equipment and may use paints and solvents to a limited degree. The storage, transport, and use of these materials will comply with Local, State, and Federal regulatory requirements. There is the potential for small leaks due to refueling of construction equipment, however standard construction BMPs included in the SWPPP will reduce the potential for the release of construction related fuels and other hazardous materials by controlling runoff from the Site and requiring proper disposal or recycling of hazardous materials. The impact is less than significant.

Mitigation Measures: None Required
b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
There is no reasonably foreseeable condition or incident involving the Project that could result in release of hazardous materials into the environment, other than any potential accidental releases of standard fuels, solvents, or chemicals encountered during typical construction of a residential subdivision. Should an accidental hazardous release occur or should the Project encounter hazardous soils, existing regulations for handling hazardous materials require coordination with the California Department of Toxic Substances (DTSC) Control for an appropriate plan of action, which can include studies or testing to determine the nature and extent of contamination, as well as handling and proper disposal. In the unlikely event levels of pesticides or other residuals from previous land uses are found to be above threshold, the Project would be required to remediate actions including but not limited to the removal of contaminated soils that are replaced with clean fill prior to construction. Therefore, potential impacts are less than significant.

Mitigation Measures: None Required
c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? The project is not located within one-quarter mile of an existing or proposed school. The project, as a typical residential use, is not anticipated to include a use that will involve the use or storage of hazardous substances other than small amounts of pesticides, fertilizers, and cleaning agentsrequired for normal maintenance of residential structures and landscaping. The project would not emit hazardous emissions or involve the handling of acutely hazardous materials or waste, therefore, impacts would be less than significant.

Mitigation Measures: None Required
d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
The project site is not listed as a hazardous materials site pursuant to Government Code Section 65962.5.

The site is not included on a list compiled by DTSC, therefore there is no impact.

Mitigation Measures: None Required
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within HIDDEN OAK TENTATIVE SUBDIVISION Page 33 of 72
two miles of a public airport or public use airport, would the project result in a safety hazardor excessive noise for people residing or working in the project area? According to the Tulare County Comprehensive Airport Land Use Plan (2012, ALUCP), the proposed project is not located within a safety compatibility or airport protection zone and is not within two miles of a public airport. The closest airport is the Exeter airport located approximately 2.6 miles to the northwest. The proposed Project would not result in a safety hazard or excessive noise for people residing or working in the Project area, therefore there is no impact.

Mitigation Measures: None Required
f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The City’s site plan review procedures, building permit and improvement plan check processes to ensure compliance with the Lindsay Safety Element and the Tulare County 2023 Local Hazard Mitigation Plan. The project will not interfere with any adopted emergency response and evacuation plans; therefore impacts would be less than significant.

Mitigation Measures: None Required
g) Would the project expose people or structures, either directly or indirectly, to significant risk of loss, injury or death involving wildland fires?
The land surrounding the projectsite is developed with urban uses and agricultural uses and is not considered to be wildlands or located within a fire hazard severity zone. According to available data from Cal Fire, the entire City of Lindsay, including the Project site, is within a Local Responsibility Area (LRA). The General Plan includes policies that would protect the Project and the community from fire dangers that would be followed during the construction and operation of the Project.

Construction activities and the Project operation are not expected to increase the risk of wildfires on and adjacent to the Project sites. The Project will comply with all applicable State and local standards as required by local fire codes.

The proposed project would not expose people or structures to significant risk of loss, injury or death involving wildland fires, therefore there is no impact.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 34 of 72
X. HYDROLOGY AND WATER QUALITY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste
discharge requirements or otherwise sustainably
degrade surface or ground water quality?
   
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
   
c) Substantially alter the existing drainage pattern
of the site or area, including through the alteration
of the course of a stream or river or through the
addition of impervious surfaces, in a manner, which
would:
   
(i) result in substantial erosion or siltation on- or
off-site?    
(ii) substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite?
   
(iii) create or contribute runoff water which
would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff; or
   
(iv) impede or redirect flood flows?    
d) In flood hazard, tsunami, or seiche zones risk the
release of pollutants due to project inundation?     e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater movement plan?
   
Environmental Setting
The project site is within the City Limits and as such, will be required to connect to water, wastewater and stormwater services. The City has reviewed the project to determine adequate capacity in these systems and to ensure compliance with any applicable connection or discharge requirements. The review of the project resulted in a determination that the project would not require or result in the location or construction of new or expanded facilities and as such, would not cause significant effects. The City water supply is from groundwater. The City is located within the Tulare Lake Hydrologic Region and is within the Kaweah Subbasin.

Discussion
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
As noted previously, because the Project site is greater than one acre in size, the developer will be required to prepare a SWPPP in compliance with the General Permit for Discharges of Storm Water Associated with Construction activity. The SWPPP will estimate the sediment risk associated with construction activities HIDDEN OAK TENTATIVE SUBDIVISION Page 35 of 72
and include best management practices (BMP) to control erosion. BMPs specific to erosion control, sediment, tracking and waste management controls. Implementation of the SWPPP minimizes the potential for the project to result in substantial erosion or loss of topsoil. These provisions minimize the potential for the project to violate any waste discharge requirements or otherwise substantially degrade surface or ground water quality.

The proposed Project will not discharge to any surface or groundwater source. As such, the project will not violate any water quality standards and will not impact waste discharge requirements, therefore impacts are determined to be less than significant.

Mitigation Measures: None Required
b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management ofthe basin?
The project is consistent with the General Plan designation of low density residential. The Lindsay 2020 Urban Water Management Plan (UWMP), approved in 2023 as required by Sustainable Groundwater Management Act (SGMA), had a targeted gallons per capita daily (GPCD) of 151 and an actual 2020 GPCD of 150. The United States Census estimated a household size of 3.44 persons per household for the City of Lindsay. Based on the project size of 50 single family homes, the estimated population increase would be 172 persons. Using the actual GPCS of 150, the anticipated water usage would be approximately 25,800 gallons per day, or 9,417,000 gallons per year. This is equal to 28.9 acre feet per year, which is approximately 1.36 percent of the 2030 dry year supply of 2.129 acre feet. The water demand from this Project would not result in a significant impact due to depleted groundwater resources or interference with groundwater recharge.

They project proponent has also agreed to the following, which will be part of the development agreement to further reduce impacts to water supply as follows:

1. Installation of artificial turf and low water plants in front yard landscaping.

2. One street tree to be provided for each interior lot, two for corner lots, one on each frontage.

Species to be approved by the City.

3. Installation of up to 50% of the rear yard in artificial turf, if requested by the initial homeowner, as a purchase option.

4. As a standard feature, all homes will have recirculating hot water pumps.

5. All homes will be fitted with low flow toilets and showerheads and any other water conservation requirements contained in the current California Building Code.

6. There will not be any natural turf installed in the landscape lots along Tulare Road.

7. Enter into a development agreement to provide $1,500 per residence for City use to improve the City water system.

Therefore, since the proposed Project would not substantially decrease water supplies or interfere with groundwater recharge, the Project would have a less than significant impact on groundwater resources.

Mitigation Measures: None Required
c) Substantially alterthe existing drainage pattern ofthe site or area, including through the alteration ofthe HIDDEN OAK TENTATIVE SUBDIVISION Page 36 of 72
course of a stream orriver or through the addition of impervioussurfaces, in a manner, which would:
i. Result in substantial erosion or siltation on- or off-site? The proposed project includes the construction and operation of residential homes on formerly agricultural land. During construction, and in compliance with the Project’s SWPPP, construction related erosion controls and BMPs would be implemented to reduce potential impact related to erosion and siltation. The BMPs would include, but are not limited to, covering and/or binding the soil surfaces to prevent soil from being detached and transported by water or wind and the use of barriers such as straw bales and sandbags to control sediment. The Project will increase impervious surface with the installation of paving of streets, concrete pads for homes and sidewalks. In order to adequately capture and discharge stormwater runoff, the Project will be conditioned to be constructed to City standards. Improvement plans will be reviewed by City staff for approval prior to construction.

This review and approval will result in impacts that are less than significant. ii. Substantially increase the rate or amount of surface runoff in a manner which would resultin flooding on- or offsite?
The Project site is relatively flat, and grading would be minimal and would not appreciably change because of grading activities. The Project would result in an increase in impervious surfaces that could significantly reduce the rate of percolation of stormwater at the site and would concentrate and accelerate surface runoff. However, as mentioned in Section (c)(i) above, to maintain stormwater on site, the Project includes a stormwater retention basin to facilitate all surface runoff generated by the Project’s impervious surface, and would not result in surrounding properties being impacted by the Project’s runoff. The Project will not result in the alteration to any stream or rivers. Therefore, the Project would have a less-than-significant impact.
iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Please see response (a) through (c)(ii), above. The Project will increase demand on the City storm drain system. Such increases may have the potential for significant environmental impacts but can be mitigated to a less than significant level by the construction of an on-site stormwater retention basin incorporating BMPs and sized to accommodate stormwater from the Project to handle stormwater runoff. The Project will be required to comply with all applicable State and City codes and regulations for stormwater drainage and runoff. No streams or rivers exist within the Project’s vicinity that would result in substantial erosion or siltation on or offsite.

The Project would not substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or offsite, contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems, nor provide additional sources of polluted runoff.

Upon compliance with the State and City standards for the construction of stormwater basins and best management practices to manage runoff impacts would be less than significant. iv. Impede or redirect flood flows?
HIDDEN OAK TENTATIVE SUBDIVISION Page 37 of 72
The proposed Project is not located within the 100-year or 500- year flood hazard zone as mapped by the Federal Emergency Management Agency (FEMA). Therefore, the proposed Project would not impede or redirect potential flood flows, and the proposed Project would have no impact.

Mitigation Measures: None Required
d) Would the project, in flood hazard, tsunami, or seiche zones, risk the release of pollutants due to project inundation?
The proposed Project is relatively flat, with little topography. It is not located in a flood hazard, tsunami or seiche zone. There are no rivers, reservoirs, ponds, lakes or other large bodies of waterwithin or in the vicinity ofthe site.

The closest damn is the Terminus Dam at Lake Kaweah, over 14 miles to the northeast. Since the Project is not located in an area that is susceptible to inundation, the Project would not risk release of pollutants due to Project inundation. As such, there is no impact.

Mitigation Measures: None Required
e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
See also Section X (e) response. The City is a participant in the East Kaweah Groundwater Sustainability Agency (EKGSA) and a party to the East Kaweah Groundwater Sustainability Plan (EKGSP), still under review by the Department of Water Resources (DWR). The Project would be subject to the applicable water conservation and infrastructure development standards established by the EKGSA and EK GSP and City of Lindsay requirements. The EKGSA is working cooperatively with the other GSAs in the Kaweah Subbasin to manage the groundwater aquifer and reach sustainability by 2040. As part of those efforts, the agencies have agreed to manage groundwater extraction in a way that does not cause undesirable results.

The City has historically relied on a water supply from both groundwater and surface water. However, because of the unreliability of surface water supplies in recent years, the City is moving toward greater groundwater reliance. Groundwater reliance will require adherence to the EKGSP. The UWMP identified Demand Management Measures (DMM), including water waste prevention, water metering program implementation, conservation pricing, public education, system losses assessment and management, and other measures. The City has implemented recommended DMMs and continues to monitor their effectiveness. Implementation of the DMMs helps the City respond to water conservation needs.

The Project is relatively small, adding 50 single-family homes. The City has indicated that they can service the proposed Project. In addition, as required by Title 24 energy efficiency standards, the use of fixtures such as low flow toilets, faucets, drip irrigation and the use of native, drought resistant plants and use of artificial turf will reduce water demand.

Therefore, the Project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Therefore, impacts would be less than significant.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 38 of 72
XI. LAND USE AND PLANNING
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Physically divide an established community?    
b) Cause a significant environmental impact due
to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
   
Environmental Setting
The proposed Project site is located within the northwestern edge of the Lindsay City limits. The site is currently designated for low density residential R-1-7, and proposes to rezone to R-1-5 zoning. The proposed Project includes a Planned Unit Development that will allow the proposed subdivision to meet the densities required in the General Plan.

Discussion
a) Would the project physically divide an established community? The Project proposes the development of 50 low-density single family residences on approximately 9.1 acres of land that is surrounded predominantly by agriculture, with similar residential development to the east. The Project does not include a physical feature such as a highway or railroad, that would physically divide a community by eliminating access. As such, the Project would not act as a physical barrier within a community, therefore there is no impact.

Mitigation Measures: None Required
b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The Project’s current zoning is R-1-7 and is designated Low Density Residential in the General Plan. The Project includes a change from the R-1-7 zone to R-1-5 zone with a Planned Unit Development (PUD) Overlay. The Low Density Residential designation is planned for a density of 1-8 dwelling units per acre.

The Project will create 50 units on a 9.1 acre parcel, resulting in a density of 5.49 dwelling units per acre, which is consistent with the Land Use Element of the General Plan.

The proposed Project does not conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. There is no impact.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 39 of 72
XII. MINERAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
SignificantWith
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
   
b) Result in the loss of availability of a locally -
important mineral resource recovery site
delineated on a local general plan, specific plan
or other lands use plan?
   
Environmental Setting
According to the Tulare County 2030 General Plan Environmental Impact Report, mineral resources in Tulare County are limited to sand and gravel and (to a lesser extent) minerals such as asbestos, copper, gold, iron and silver. Currently, there are four streams that have provided the main source of high quality sand and gravel in Tulare County, none of which are located in or close to the City. As such, there are no mineral resources located within or adjacent to the Project and there is no mineral extraction occurring on or adjacent to the proposed Project site.

Discussion
a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
The Project site has no known mineral resources that would be of a value to the region and the residents of the state, therefore the proposed Project would not result in the loss of regionally or locally important mineral resources. Therefore, there is no impact.

Mitigation Measures: None Required
b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other lands use plan? There are no known mineral resources of importance to the region and the Project site is not designated under the City’s or County’s General Plan as an important mineral resource recovery site, therefore there is no impact.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 40 of 72
XIII. NOISE
Would the project result in:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Generation of a substantial temporary or
permeant increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
   
b) Generation of excessive ground-borne
vibration or groundborne noise levels?    
c) For a project located within the vicinity of a
private airstrip or, an airport land use plan or,
where such a plan has not been adopted, within
two miles of public airport or public use airport,
would the project expose people residing or
working in the project area to excessive noise
levels?
   
Environmental Setting
Noise is often described as unwanted sound. Sound is the variation in air pressure that the human ear can detect. If the pressure variations occur at least 20 times per second, they can be detected by the human ear.

The number of pressure variations per second is called the frequency of sound, and is expressed as cycles per second, called Hertz (Hz).

Ambient noise isthe “background” noise of an environment. Ambient noise levels on the proposed Project site are primarily due to traffic and the railroad south and east of the Project. According to City staff, a train travels on the rail line very infrequently. Construction activities usually result in an increase in sound above ambient noise levels but are temporary.

The City Municipal Code Chapter 8.2 Noise Control contains standards for general noise and motor vehicle noise. Noise is general considered to exceed standards if it exceeds 50 A-weighted sound level (DBA) from 10:00 p.m. to 7:00 a.m. and 70 DBA from 7:00 a.m. to 10:00 p.m. Truck noise is limited to the noise levels as highlighted in Table 13.1 below:

Table 13.1 Truck Noise Limits
Trucks Over 10,000 pounds Trucks Less Than 10,000 pounds 87 DBA at 50 feet 80 DBA at 50 feet
93 DBA at 25 feet 86 DBA at 25 feet
Lindsay Municipal Code Chapter 8.2
The closest noise sensitive receptors are the residents of the single-family residential properties to the east.

HIDDEN OAK TENTATIVE SUBDIVISION Page 41 of 72
Discussion
a) Would the project result in generation of a substantial temporary or permeant increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general planor noise ordinance, or applicable standards of other agencies? Project construction is anticipated to last approximately 24 months and will involve temporary noise sources from graders, tractors, trenchers and excavators. Construction noise will temporarily contribute to the noise environment of the homes to the east. There are no specific construction noise thresholds established by the City No demolition or pile-driving will occur during the construction phase of the Project Because noise generated from construction would be temporary, construction activities would comply with all measures established by the City to limit construction related noise impacts. However, to reduce noise impacts during construction, Mitigation Measure NSE-1 will ensure the temporary noise impacts from construction-related activities will be less than significant with mitigation measures incorporated.

Once fully constructed, the Project would not significantly increase traffic on local roadways. Residential activities could also increase ambient noise levels in the immediate Project vicinity. Activities that could be expected to generate noise include cars entering and exiting the development and mechanical systems related to heating, ventilation, and air conditioning systems located in residential buildings.

Additionally, this noise would be similar to those generated by the nearby existing residential development and would not be of a level that exceeds thresholds. Therefore, these long term increases in ambient noise are considered less than significant and consistent with applicable standards.

Mitigation Measures:

NSE-1: During construction, the contractor shall implement the following measures:

4. All stationary construction equipment on the Project site shall be located so that noise-emitting objects or equipment face away from any potential sensitive receptors.

5. The construction contractor shall ensure that all construction equipment is equipped with manufacturer-approved mufflers and baffles. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers.

6. Construction activities shall take place during daylight hours, when feasible. b) Would the project result in generation of excessive ground-borne vibration or groundborne noise levels?
Construction vibration impacts include human annoyance and building structural damage. Human annoyance occurs when construction vibration rises significantly above the threshold of perception.

Building damage can take the form of cosmetic or structural. Table 13-2, below, shows the typical vibration levels produced by construction equipment.

Table 13.2 Typical Vibration Levels for Various Construction Equipment Type of Equipment Peak Particle Velocity @ 25
feet (inches/second)
Peak Particle Velocity @
100 feet (inches/second)
Large Bulldozer 0.089 0.011
Loaded Trucks 0.076 0.010
HIDDEN OAK TENTATIVE SUBDIVISION Page 42 of 72
Small Bulldozer 0.003 0.000
Auger/drill Rigs 0.089 0.011
Jackhammer 0.035 0.004
Vibratory Hammer 0.070 0.009
Vibratory Compactor/roller 0.210 0.026
The primary vibration-generating activities associated with the proposed Project would occur when grading of the site is conducted, and when infrastructure such as utilities, and foundations are constructed. Operating cycles for the types of construction equipment used during construction may involve one or two minutes of full power operation followed by three or four minutes at lower power settings. Other primary sources of acoustical disturbance would be due to random incidents, which would last less than one minute (such as dropping large pieces of equipment or the hydraulic movement of machinery lifts). These estimations of noise levels take into account the distance to the receptor, attenuation from molecular absorption and anomalous excess attenuation.

The most significant source of groundborne vibrations during the Project’s construction would occur from the use of vibratory compactors. Table 13-2, above, indicates that vibratory compactors would generate typical vibration levels of 0.210 inches per second at a distance of 25 feet. The threshold for architectural damage to buildings is 0.20 inches per second. While there are existing residences to the east of the proposed Project, vibratory compactors/rollers would be used only on a limited and interval basis during compaction, and would be moving throughout the site, instead of stationary or operated long-term in the same location to the extent it would damage buildings due to longer-term extended use. Therefore, this would be considered a less than significant impact.

Mitigation Measures: None Required
c) For a project located within the vicinity of a private airstrip or, an airport land use plan or, where such a plan has not been adopted, within two miles of public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? See Section IX (e) response. The Project site is not located in an ALUCP hazard or safety zone and is not located within two miles of a public airport or public use airport, therefore there is no impact.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 43 of 72
XIV. POPULATION AND HOUSING
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Induce substantial unplanned population growth in
an area, either directly (for example, by new homes
and businesses) or indirectly (forexample, through
extension of roads or other infrastructure)?
   
b) Displace substantial numbers of existing
people or housing, necessitating the construction of
replacement housing elsewhere?
   
Environmental Setting
The United States Census Bureau estimated the population in the City to be 12,496 in 2023. This is a decrease from the 2020 census population of 12,649 residents.

Discussion
a) Would the project induce substantial unplanned population growth in an area, either directly (for example by new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
The Project proposes to construct 50 new low-density single family residences on property that is zoned and intended for residential development. The United States 2020 Census states that the City’s average household size is 3.44 persons. Based on this average household size, the anticipated population increase as a result of the proposed Project is 172 persons. This would be an increase of 1.4 percent beyond existing conditions. The construction of housing at this location would not be unplanned, as the City’s General Plan designates the proposed Project site for residential development.

According to the City of Lindsay Housing Element, the City was allocated 590 units in the 2014-2023 Regional House Needs Assessment (RHNA) approved by the Tulare County Association of Governments (TCAG). According to the most recent Final Regional Housing Needs Plan (6th Cycle 2023-2031) adopted by TCAG, only 331 units have been built. The 6th Cycle RHNA allocates an additional 789 units to the City.

The most recent Project approved by the Cityis a single family subdivision located north of Tulare Avenue, west of the railroad consisting of 145 lots. This subdivision has not yet been constructed.

The proposed Project is not unplanned, as the land was previously annexed into the City, and will assist the City in reaching its RHNA goal, therefore impacts are considered to be less than significant.

Mitigation Measures: None Required
b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
The proposed Project site is undeveloped and does not involve the removal of housing or displacement HIDDEN OAK TENTATIVE SUBDIVISION Page 44 of 72
of people, therefore there is no impact.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 45 of 72
XV.PUBLIC SERVICES
Would the Project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable serve ratios, response times
of other performance objectives for any of the
public services:
a. Fire protection?    
b. Police protection?    
c. Schools?    
d. Parks?    
e. Other public facilities?    
Environmental Setting
Fire: The Project site will be served by the Lindsay Fire Department.

Police: The Lindsay Police Department will provide law enforcement services to the proposed Project site.

Schools: The proposed Project site is located within the Lindsay Unified School District.

Parks: The closest park is located adjacent to the Lindsay Wellness Center and Skate Park.

Discussion
a) Would the projectresultin substantial adverse physical impacts associated with the provision of newor physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable serve ratios, response times of other performance objectives for any of the public services:
a. Fire protection?
The City of Lindsay Fire Department will provide fire protection services to the proposed development.

The Fire station is located in the downtown area at 185 N. Gale Avenue, approximately 1.3 miles from the Project. The addition of 50 residential homes will increase the demand for fire protection services.

The proposed Project will comply with Title 24 of the California Building Code and local development standards. An approved water supply system capable of supplying the required fire flow for fire protection purposes is to be installed by the Project. The establishment of gallons-per-minute requirements for fire flow shall be based on the Guide for Determination of Required Fire Flow, published by the State Insurance Service Office and the City’s adopted Fire Code HIDDEN OAK TENTATIVE SUBDIVISION Page 46 of 72
Additionally, City staff stated that the area will be able to be serviced by the fire department and will not result in the need for new fire service facilities. Impacts to Fire services are less than significant.

Mitigation Measures: None Required
b. Police protection?
The Lindsay Police Department will provide services to the proposed development, and the Department is located at 185 N. Gale Hill Avenue. The Project will increase the demand for police protection services.

However, the Project is located within the City limits and demand for services was evaluated when the property was annexed into the City. Therefore, impacts resulting from the proposed Project would be less than significant.

Mitigation Measures: None Required
c. Schools?
The proposed Project is within the Lindsay Unified School District. Since the proposed Project includes the addition of 50 single-family residential homes, the number of students in the school district will increase. The Project will pay school development impact fees to the school districts at the time of building permit issuance in compliance with Education Code Section 17620 and Government Code Section 65995 et. Seq.. These fees are used to construct new or expanded school facilities. Payment of fees authorized by the statute and authorized by SB 50 are deemed is deemed “full and complete mitigation” therefore impact will be less than significant.

Mitigation Measures: None Required
d. Parks?
The addition of 50 new residential homes would result in more use at existing parks. The Project is located less than a mile to the Lindsay City Park and about a mile from the Olive Bowl park. The Project will also pay the park development impact fee of $650 per dwelling unit, to reduce impacts of residential development to the City’s park system. Since the Project would contribute its fair share to parks facilities through payment of in-lieu fees, the impact is less than significant.

Mitigation Measures: None Required
e. Other public facilities?
Project implementation could increase the demand for other public services, such as government building, community centers, libraries, and hospitals. Increased demand as a result of the continued implementation of the Project could result in development or expansion of public facilities. The proposed Project is within the land use and growth Projections identified in the City’s General Plan and planned for growth in other infrastructure studies. As new or expanded public service facilities become necessary, construction or expansion projects would be subject to their own separate CEQA review in order to identify and mitigate any potential environmental impacts. As a result, the Project would have a less than significant impact resulting from the construction or expansion of other public facilities.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 47 of 72
XVI. PARKS AND RECREATION
Would the project:

Potentially
Significant
Impact
Less than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur
or be accelerated?
   
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
   
Environmental Setting
The Project is located less than a mile from the Lindsay City Park and about a mile from the Olive Bowl park.

The Kiwanis Paw Park is also within a mile of the Project.

Discussion
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Although the proposed Project includes uses that would increase the use of park and recreation facilities in the area, payment of Park Impact Fees will address impacts associated with maintenance and upkeep of park and recreation facilities result from increased use and will not result in the substantial physical deterioration of existing parks or recreational facilities.. Therefore, the impact is less than significant.

Mitigation Measures: None Required
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The Project does not include any recreational facilities, therefore there will be no impact.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 48 of 72
XVII. TRANSPORTATION
Would the project:

Potentially
Significant
Impact
Less than
SignificantWith
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Conflict with a program plan, ordinance orpolicy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?    
b) Conflict or be inconsistent with the CEQA
guidelines Section 15064.3, Subdivision (B)?    
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves ordangerous
intersections) or incompatible uses
(e.g., farm equipment)?
   
d) Result in inadequate emergency access?    
Environmental Setting
Many agencies use screening thresholds to evaluate transportation impact using Vehicle Miles Traveled (VMT) to quickly identify when a Project should be expected to cause a less-than-significant impact without conducting a detailed study. Office of Planning and Research’s (OPR) Technical Advisory on Evaluation of Transportation Impacts suggests that VMT analysis is not needed for the following project types:

1. Projects that generate fewer than 110 trips per day

2. Projects within a ½ mile of an existing major transit stop or an existing stop along a high-quality transit corridor.

3. Affordable housing projects in infill locations

4. Locally serving retail

5. Transit projects, bike projects, pedestrian enhancements, livability enhancements, and street safety improvement projects.

6. Map-based screening – Residential and office projects can be considered to result in less- thansignificant impacts on VMT if they are located within low VMT areas on a map or maps generated for cities or regions using VMT data modeling.

In these cases, Project-generated VMT is presumed to be a less-than-significant impact under CEQA and no further detailed VMT analysis is needed.

Vehicular Access: Vehicular access to the Project is available from Tulare Road to Oak Avenue, both existing streets, as well as interior streets to the development. The Project has been designed to provide connection to future development to the west and south, as it occurs. Tulare Road is identified in the City General Plan as an arterial street.

Pedestrian and Cyclist Connectivity: The Project will install an eight foot sidewalks along Oak Avenue and five foot sidewalks along interior residential streets in accordance with City development standards.

Transit
Tulare County Area Transit (TCAT) operates transit that provides services to the City of Lindsay and the Tulare HIDDEN OAK TENTATIVE SUBDIVISION Page 49 of 72
County area. TCAT Route 60 provides a loop service that has four stops in the City of Lindsay, including a stop at the Lindsay Wellness Center which is located less than one-half mile walking distance from the proposed Project. The service provides connections that would allow a rider to allow access to the cities of Tulare, Visalia and Porterville.

In the absence of VMT thresholds adopted by the City, the County of Tulare’s SB 743 Guidelines were utilized for the following analysis. The County of Tulare’s Guidelines identity the proposed Project in Traffic Analysis Zone (TAZ) 2725, which has an average VMT per capita of 13.31 miles. The proposed Project is considered a typical project within the TAZ and would be expected to have the same VMT per capita. A project that has a VMT equal to or greater than the TAZ is assumed to have a significant transportation impact prior to mitigation. The Tulare County SB 743 Guidelines include guidance to screen projects using the Office of Planning and Research Technical Advisory for assessing VMT impacts. The County of Tulare’s SB 743 Guidelines state that a small project generating less than 500 trips per day would result in impacts that are less than significant and would not require a detailed VMT analysis.

Based on the Institute of Transportation Engineers (ITE) Trip Generation Manual of 9.64 trips per unit, the Average Daily Trips (ADT) were calculated to be 482 ADT.

Discussion
a) Would the project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? The Project consists of the construction of 50 low-density residential units as well as on- site circulationrelated infrastructure improvements, including new local residential streets. The proposed Project would include frontage improvements, including an eight footsidewalk on Oak Avenue and paving that includes the east side of the street. The street pavement would be a significant improvement to pedestrian and vehicle accessibility over existing conditions. Any congestion during construction would be temporary.

All improvements, including those related to transit, roadway, bicycle, and pedestrian facilities, are subject to City review and approval to ensure compliance with all plans, ordinances, and policies related to circulation. The proposed Project will not conflict with the City’s circulation plan and standards.

Therefore, there is no impact.

Mitigation Measures: None Required
b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision(b)? The proposed Project was evaluated in accordance with the CEQA Guidelines Section 15064.3, OPR Technical Advisory on Evaluation of Transportation Impacts, and the County of Tulare SB 743 Guidelines.

The proposed Project will generate 482 ADT, which is identified as a small project below the threshold of 500 ADT. As such, the Project would not require a detailed VMT analysis and is considered to have impacts to that are less than significant.

Mitigation Measures: None Required
c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? HIDDEN OAK TENTATIVE SUBDIVISION Page 50 of 72
The Project will be designed to meet current standards and safety regulations. All intersections will be constructed to comply with the City regulations and design and safety standards of Chapter 33 of the California Building Code and the guidelines of Title 24 to create safe and accessible roadways.

Vehicles exiting the subdivision will be provided with a clear view of the roadway without obstructions.

Landscaping associated with the entry driveways could impede such views if improperly installed.

Specific circulation patterns and roadway designs will incorporate all applicable safety measures to ensure that hazardous design features or inadequate emergency access to the site or other areas surrounding the Project area would not occur. There would be no impact.

Mitigation Measures: None Required
d) Would the project result in inadequate emergency access? State and City fire codes establish standards by which emergency access may be determined. The proposed Project would have to provide adequate unobstructed space for fire trucks to turn around. The proposed Project site would have adequate internal circulation capacity, including entrance and exit routes to provide adequate unobstructed space for fire trucks and other emergency vehicles to gain access and to turn around. The proposed Project would not inhibit the ability of local roadways to continue to accommodate emergency response and evacuation activities. Emergency access to the site will be from Oak Avenue. Two access points provide emergency access consistent with City standards, which have been reviewed by the City’s Fire Department. Therefore, there is no impact.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 51 of 72
XVIII. TRIBAL CULTURAL RESOURCES
Would the project:

Would the project cause a substantial adverse change
in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a
site, feature, place, cultural landscape that is
geographically definedin terms of the size and scope
of the landscape, sacred place, or object with cultural value to aCalifornia Native American tribe, and that is:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Listed or eligible for listing in the California Register of Historical Resources, or in alocal register of
historical resources as defined in Public Resources
Code section 5020.1(k), or
   
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.
   
Environmental Setting
A Tribal Cultural Resource (TCR) is defined under Public Resources Code Section 21074 as a site, place, cultural landscape that is geographically defined in terms of size and scope, sacred place and object with cultural value to a California Native American tribe that are either included and that is listed or eligible for inclusion in the California Register of Historic Resources or in a local register of historical resources, or if the City of Lindsay, acting as the Lead Agency, supported by substantial evidence, chooses at its discretion to treat the resource as a TCR.

Definitions
• Historical Resources: Historical resources are defined by CEQA as resources that are listed in or eligible for the California Register of Historical Resources, resources that are listed in a local historical resource register, or resources that are otherwise determined to be historical under California Public Resources Code Section 21084.1 or California Code of Regulations Section 15064.5. Under these definitions Historical Resources can include archaeological resources, Tribal cultural resources, and Paleontological Resources.
• Archaeological Resources: As stated above, archaeological resources may be considered historical resources. If they do not meet the qualifications under the California Public Resources Code 21084.1 or California Code of Regulations Section 15064.5, they are instead determined to be “unique” as defined by the CEQA Statute Section 21083.2. A unique archaeological resource isan artifact, object, or site that: (1) contains information (for which there is a demonstrable public interest) needed to answer important scientific research questions; (2) has a special and particular quality, such as being the oldest of its type or the best available example of its type; or (3) is directly associated with a HIDDEN OAK TENTATIVE SUBDIVISION Page 52 of 72
scientifically recognized important prehistoric or historic event or person. • Tribal Cultural Resource (TCR): Tribal Cultural Resources can include site features, places, cultural landscapes, sacred places, or objects, which are of cultural value to a Tribe. It is either listed on or eligible for the CA Historic Register or a local historic register, or determined by the lead agency to be treated as TCR.

Discussion
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or See also Section V, a-c. The City sent to the tribes listed on the notification list received from the Native American Heritage Commission on April 5, 2024. To date, no response has been received.

The Project would not cause a substantial adverse change in the significance of a tribal cultural resource, nor is it listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources. Based on the results of the records search, no previously recorded tribal cultural resources are located within the Projectsite. Although no historical resources were identified, the presence of human remains or unanticipated cultural resources under the ground surface is possible. Implementation of Mitigation Measures CUL-1 and CUL-2 will ensure that impacts will be less than significant.

Mitigation Measures: Implementation of CUL-1 and CUL-2
b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

The lead agency has not determined there to be any known cultural resource on the Project site that would meet the criteria in subdivision (c) of Public Resources Code Section 5024.1 therefore there is no impact. If a resource is discovered, the implementation of Mitigation Measures CUL-1 and CUL2, previously listed under Cultural Resources will ensure that any impacts will be lessthan significant.

Mitigation Measures: Implementation of CUL-1 and CUL-2
HIDDEN OAK TENTATIVE SUBDIVISION Page 53 of 72
XIX. UTILITIES AND SERVICE SYSTEMS
Would the project:

Potentially
Significant
Impact
Less Than
SignificantWith
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or stormwater
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relation of which could cause
significant environmental effects?
   
b) Have sufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
   
c) Result in a determination by the
wastewater treatment provider which serves
or may serve the project that it has adequate
capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
   
d) Generate solid waste in excess of State or
local standards, or in excess of the capacity of
local infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
   
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
   
Environmental Setting
The City utilities and service systems include wastewater treatment, storm water drainage facilities, water supply, and solid waste disposal.

Discussion
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relation of which could cause significant environmental effects? The proposed Project would result in new water services. The City provides both water, wastewater and stormwater services to the community. The Project site is located within the service territory of the City’s wastewater treatment plant and the City Services Department regularly monitors the waste discharge to meet City requirements. The proposed Project does not include a change in land use designation that would result in a significant increase or change in water, wastewater and stormwater services than planned.

HIDDEN OAK TENTATIVE SUBDIVISION Page 54 of 72
Southern California Edison (SCE) provides electric service to the City. SCE currently has power lines adjacent to the proposed Project. Natural gas service is primarily provided by the Southern California Gas Company. There are three major companies that provide communications services: AT&T, Sprint, and Verizon. Comcast is the primary cable television and internet provider in Tulare County. With the Project, new service for all utilities will be constructed into the proposed subdivision.

It is not anticipated that implementation of the proposed Project would result in increased demand for any utility services beyond the planned conditions. There is a less than significant impact.

Mitigation Measures: None Required
b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? See also Section X (b) and (e). The City currently uses water from the Friant-Kern Canal as the primary source of water for the City. The City also pumps groundwater from two wells located west of the City that pull from underground aquifers and are primarily used to satisfy peak demands, low system pressures and during times when surface water is not available from the Friant-Kern Canal. The City has received allocations from the U. S. Bureau of Reclamation to ensure adequate water supply to the City.

Based on the project size of 50 single family homes, the estimated population increase would be 172 persons. Using the actual GPCS of 150, the anticipated water usage would be approximately 25,800 gallons per day, or 9,417,000 gallons per year. This is equal to 28.9 acre feet per year, which is approximately 1.36 percent of the 2030 dry year supply of 2.129 acre feet The Project will be designed to reduce water use by limiting high water use landscaping, by installing artificial turf in all front yards and offering artificial turf in rear yards. The City has determined that it will have sufficient supply to serve the proposed Project and as such the proposed Project will have a less than significant impact.

Mitigation Measures: None Required
c) Would the project result in a determination by the wastewater treatment provider which serves ormay serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Wastewater generated by the Project would be collected and treated at the City’s domestic Wastewater Treatment Facilities (WWTF). Although the proposed Project will increase in wastewater generation due to the addition of 50 residential units, City staff has determined that the wastewater produced would not exceed the City’s WWTF capacity, therefore, the impact is less than significant.

Mitigation Measures: None Required
d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Solid waste disposal services are provided to the City by Mid Valley Disposal, a private company, to provide refuse services. Refuse from both municipal and commercial haulers is sorted at the facility to recover HIDDEN OAK TENTATIVE SUBDIVISION Page 55 of 72
recyclable materials, including wood/green waste processed for compost, ferrous/metallic items, plastic and glass, newspaper, scrap paper, junk mail, magazines, paperboard, and cardboard. Mid Valley Disposal operates a Material Recover Facility (MRF) and a Transfer Station (TS) as an enterprise function, with all revenue coming from solid waste disposal fees and the sale of recovered recyclable materials and compost.

Construction
Non-hazardous construction refuse and solid waste would be collected and recycled or disposed of in a KWRA facility (City of Hanford, 2017). Any hazardous waste generated during construction would be disposed of at an approved location. The solid waste generated by construction activities is not expected to exceed the capacity of the landfill. Additionally, the construction period for the project is expected to be up to 24 months, and the landfill that would serve the project would be in operation during the construction period.

Operation
The Project would produce waste that would be collected and disposed of at the local landfill by a licensed waste hauler. Workers would generate small amounts of typical household refuse during maintenance visits. Some refuse will be sent for recycling as a part of the City’s recycling efforts.

In compliance with federal, State, and local statutes and regulations related to solid waste, the Project would dispose of all waste generated onsite at an approved solid waste facility. The Project does not conflict with federal, State, or local regulations related to solid waste.

Cities generally measure their progress on waste reduction and reuse with a measurement called the “diversion rate.” Lindsay’s diversion rate is 51 percent, which is about the Statewide average. This level also meets the 51 percent required rate under State law since 2007. The proposed Project would be served by a landfill with the sufficient permitted capacity to accommodate the Project’s solid waste disposal needs in compliance with federal, State, and local statutes and regulations related to solid waste.

Therefore, the Project would have a less-than-significant impact.

Mitigation Measures: None Required
e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
See d. above. The proposed Project would generate solid waste during construction and operation, thus requiring the consideration of waste reduction and recycling measures. The 1989 California Integrated Waste Management Act (AB 939) requires the City to attain specific waste diversion goals. This proposed Project conforms to all applicable statutes and regulations related to solid waste disposal. The proposed Project will comply with the adopted policies related to solid waste, and will comply with all applicable federal, State, and local statutes and regulations pertaining to disposal of solid waste, including recycling.

Therefore, the proposed Project would result in a less-than-significant impact.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 56 of 72
XX. WILDFIRE
If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?    
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant
concentrations from a wildfire or the uncontrolled
spread of a wildfire?
   
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?

  
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, postfire slope instability, or drainage changes?    
Regulatory Setting
a), b), c), d): See response in Section IX (g)
According to the Lindsay 2020 Safety Element, the City is not located in a State Responsibility Area or classified as a Fire Hazard Severity Zone. As such wildfire risk to the project will be considered less than significant.

The Project includes the development of infrastructure (water, sewer, electrical power lines, and storm drainage) required to support the proposed residential uses. The Project site is surrounded by existing and future urban development. The Project would be constructed in accordance with all local and State regulations regarding power lines and other related infrastructure, as well as fire suppression requirements. Therefore, the Project would not exacerbate fire risk or result in temporary or ongoing environmental impacts, and impacts would be less than significant.

Mitigation Measures: None Required
HIDDEN OAK TENTATIVE SUBDIVISION Page 57 of 72
XXI. MANDATORY FINDINGS OF SIGNIFICANCE
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
b) Does the project have the potential
substantially to degrade the quality of the
environment, substantially reduce the habitat ofa
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of
the major periods of California history or
prehistory?
   
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project
are considerable when viewed in connection with
the effects of past projects, the effects of
other current projects, and the effects of
probable future projects)?
   
c) Does the project have environmental effects,
which will cause substantial adverse effects on
human beings, either directly or indirectly?
   
Discussion
a) Doesthe project have the potentialto degrade the quality ofthe environment,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
The analysis of environmental issues that indicate that the proposed Project is not expected to have substantial impact on the environment or on any biological or cultural resources identified in the Initial Study. Mitigation measures BIO-1 through BIO-3, and CUL-1 and CUL-2 have been incorporated to reduce potential impacts to sensitive biological species and to cultural resources, respectively. Implementing these mitigation measures will ensure impacts are less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
HIDDEN OAK TENTATIVE SUBDIVISION Page 58 of 72
CEQA Guidelines Section 15064(h) states that a Lead Agency shall consider whether the cumulative impact of a Project is significant and whether the effects of the Project are cumulatively considerable. The significance of the cumulative effects of a Project must, therefore, be assessed in connection with the effects of past projects, other current projects, and probable future projects. Due to the nature of the Project and consistency with environmental policies, incremental contributions to impacts are considered less than cumulatively considerable.

As described in the impact analyses in Sections 3.4.1 through 3.4.20 of this IS/MND, any potentially significant impacts of the proposed Project would be reduced to a less-than-significant level following the incorporation of the mitigation measures BIO-1 though BIO-3 on biological resources, CUL-1 and CUL-2 on cultural and tribal resources, GEO-1 on paleontological resources, and NSE-1 on noise impacts. The proposed Project would not otherwise combine with impacts of related development to add considerably to any cumulative impacts in the region. With mitigation, the proposed Project would not have impacts that are individually limited but cumulatively considerable. Therefore, the Project would have a less-thancumulatively-considerable impact with mitigation incorporated The proposed Project would not contribute substantially to adverse cumulative conditions or create any substantial indirect impacts (i.e., increase in population could lead to an increased need for housing, increase in traffic, air pollutants, etc). Impacts would be less than significant. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?
The Initial Study analysis indicates that the project is not expected to have substantial impact on human beings, either directly or indirectly. Mitigation measures have been incorporated in the Biological Resources, Cultural Resources, Cultural Tribal Resources to reduce potential impacts.

As such, implementation will not cause direct or indirect substantial adverse effects on human beings, impacts are less than significant.

Mitigation Measures
BIO-1 (Swainson’s Hawk). If feasible, project construction shall occur entirely outside the Swainson’s hawk nesting season, typically defined as March 1- September 15.

If construction activities must occur between March 1 and September 15, prior to initial ground disturbance or building permits, a qualified Biologist shall conduct Swainson’s hawk nesting surveys on-site and within a

0.5-mile radius of the project site to determine whether nests are present and if so, occupied. Occupancy shall be determined through observation of all accessible areas, including from public roads or other publicly accessible observation areas of Swainson’s hawk activity (e.g., foraging) on and near the project site. If ground disturbance occurs outside the nesting season, no further action is required.

A qualified Biologist shall follow the survey protocol outlined in the California Department of Fish and Wildlife (CDFW) Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley, which recommends surveys according to the following survey periods:

6. January–March 20: Conduct one survey total.

HIDDEN OAK TENTATIVE SUBDIVISION Page 59 of 72

7. March 20–April 5: Conduct three surveys total. Surveys shall be conducted between sunrise to 10:00 a.m. and/or 4:00 p.m. to sunset.

8. April 5–April 20: Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:30 p.m. to sunset.

9. April 21–June 10: Initiating surveys are not recommended. Monitoring of known nest sites only.

10. June 10–July 30: (post-fledging) Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:00 p.m. to sunset.

Pre-construction surveys shall be completed for at least the two survey periods immediately prior to the subject ground-disturbing activities being initiated, with the latest survey no more than 10 days prior to the start of the subject ground-disturbing A copy of the survey results shall be submitted to the lead agency as evidence of compliance.

BIO-2 (Swainson’s Hawk). If nests are located and determined to be occupied, minimization measures must be implemented by the relevant applicant in connection with a specific individual development application, and construction monitoring conducted as follows:

4. Construction activities shall be prohibited within 600 feet of an active and occupied Swainson’s hawk nest or within 600 feet of nests under construction to prevent nest abandonment unless a smaller buffer is approved pursuant to subsection (2) below. This incorporates the maximum avoidance buffer size stated in the California Department of Fish and Wildlife (CDFW) Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley.

5. If site-specific conditions or the nature of the construction activity (e.g., other nearby development, limited activities) indicate that a smaller buffer, or no buffer at all, could be used, the project developer may seek approval from the qualified Biologist who, in coordination with the CDFW, shall determine the appropriate buffer size, which, once approved, shall govern.

6. No tree containing an active Swainson’s hawk nest shall be removed.

A copy of the survey results shall be submitted to the lead agency as evidence of compliance.

If (i) no nests are located or (ii) if nests are located and determined not to be occupied, then no minimization measures shall need to be implemented and no further mitigation under MM BIO-2 shall be required.

BIO-3 (Nesting Birds and Raptors). If feasible, all construction activities shall take place between September 1 and January 31.

If construction activities must be completed during the February 1-August 31 avian nesting season, then within 14 days prior to the start of any ground disturbance activities, a qualified biologist shall conduct preconstruction surveys for active bird nests. The survey area shall encompass the project site and surrounding lands within 250 feet for nesting migratory birds and 500 feet for raptors.

If nesting birds are identified during the survey, active raptor nests shall be avoided by 500 feet, and all other migratory bird nests shall be avoided by 250 feet. Avoidance buffers may be reduced if a qualified on-site monitor determines that encroachment into the buffer area is not affecting nest building, the rearing of HIDDEN OAK TENTATIVE SUBDIVISION Page 60 of 72
young, or otherwise affecting the breeding behaviors of the resident birds. Because nesting birds can establish new nests or produce a second or even third clutch at any time during the nesting season, nesting bird surveys shall be repeated every 30 days as construction activities are occurring throughout the nesting season.

No construction or earth-moving activity shall occur within a non-disturbance buffer until it is determined by a qualified biologist that the young have fledged (left the nest) and have attained sufficient flight skills to avoid Project construction areas. Once the migratory birds or raptors have completed nesting, and the young have fledged, disturbance buffers will no longer be needed and may be removed, and monitoring may cease.

A copy of the survey results shall be submitted to the lead agency as evidence of compliance.

CUL-1: If cultural resources are encountered during ground-disturbing activities, work in the immediate area must halt and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology (NPS 1983) should be contacted immediately to evaluate the find. Cultural resource materials may include prehistoric resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire-affected rock, as well as historic resources such as glass, metal, wood, brick, or structural remnants. If the discovery proves to be significant under CEQA, additional work such as data recovery excavation and Native American consultation may be warranted to mitigate any adverse effects.

CUL-2: The discovery of human remains is always a possibility during ground disturbing activities. If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials.

GEO-1 If any paleontological resources are encountered during ground-disturbance activities, all work within 25 feet of the find shall halt until a qualified paleontologist, as defined by the Society of Vertebrate Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources (2010), can evaluate the find and make recommendations regarding treatment. Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock.

The qualified paleontologist shall contact the Natural History Museum of Los Angeles County or another appropriate facility regarding any discoveries of paleontological resources.

If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations and fossil recovery may be required to mitigate adverse impacts from Project implementation. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided to ensure no adverse effects, or such effects must be mitigated. Construction in that area shall not resume until the resourceappropriate measures are recommended, or the materials are determined to be less than significant.

If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in an accredited and permanent scientific institution. Copies of all correspondence and reports shall be submitted to the Lead Agency
HIDDEN OAK TENTATIVE SUBDIVISION Page 61 of 72
NSE-1: During construction, the contractor shall implement the following measures:

1. The construction contractor shall ensure that all construction equipment is equipped with manufacturer-approved mufflers and baffles.

2. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers.

3. Construction activities shall take place during daylight hours, when feasible.

HIDDEN OAK TENTATIVE SUBDIVISION Page 62 of 72

LIST OF PREPARERS
DR Mata Consulting
Darlene R. Mata, Environmental Planning Consultant
Live Oak Associates
Austin Pearson, Senior Staff Ecologist
Natalie Neff, Staff Ecologist
Taylored Archaeology
Consuelo Sauls, Archaeologist

PERSONS AND AGENCIES CONSULTED
City of Lindsay
Armondo DeSilva, Interim City Manager
Neyba Amezcua, City Engineer
Kira Stowell, Planner
HIDDEN OAK TENTATIVE SUBDIVISION Page 63 of 72

MITIGATION MONITORING AND REPORTING PROGRAM
As required by Public Resources Code Section 21081.6, subd. (a)(1), a Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the project in order to monitor the implementation of the mitigation measures that have been adopted for the project. This Mitigation Monitoring and Reporting Program (MMRP) has been created based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Hidden Oak Subdivision proposed by Quest Equity LLC in the City of Lindsay.

The first column of the table identifies the mitigation measure. The second column names the party responsible for carrying out the required action. The third column, “Timing of Mitigation Measure” identifies the time the mitigation measure should be initiated. The fourth column, “Responsible Party forMonitoring,” names the party ensuring that the mitigation measure is implemented. The last column willbe used by the City of Lindsay to ensure that the individual mitigation measures have been monitored.

Plan check and verification of mitigation compliance shall be the responsibility of the City of Lindsay.

Mitigation Monitoring and Reporting Program
Mitigation Measure and Reporting Program August 2024
Hidden Oaks Tentative Subdivision Project Page 1 of 8
Mitigation Monitoring Program
Impact Mitigation Measure Time Frame for Implementation Responsible
Monitoring
Agency
Date Initials
Aesthetics
No Mitigation required.

Agriculture and Forest Resources
No Mitigation required.

Air Quality
No Mitigation required.

Biological Resources
#1 BIO-1 (Swainson’s Hawk). If feasible, project construction shall occur entirely outside the Swainson’s hawk nesting season, typically defined as March 1- September 15.

If construction activities must occur between March 1 and September 15, prior to initial ground disturbance or building permits, a qualified Biologist shall conduct Swainson’s hawk nesting surveys on-site and within a 0.5-mile radius of the project site to determine whether nests are present and if so, occupied. Occupancy shall be determined through observation of all accessible areas, including from public roads or other publicly accessible observation areas of Swainson’s hawk activity (e.g., foraging) on and near the project site.

If ground disturbance occurs outside the nesting season, no further action is required.

A qualified Biologist shall follow the survey protocol outlined in the California Department of Fish and Wildlife (CDFW) Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley, which recommends surveys according to the following survey periods:

Prior to initial ground disturbance
or building permits if construction
is initiated during nesting season
(March 1 -September 15).

Lead Agency,
Qualified
Biologist
Steps to Compliance:

A. A qualified biologist shall be responsible for the pre-construction survey(s) and the submission of the survey results to the Lead Agency.

B. Lead Agency shall verify compliance.

Mitigation Monitoring and Reporting Program
Mitigation Measure and Reporting Program August 2024
Hidden Oaks Tentative Subdivision Project Page 2 of 8
Mitigation Monitoring Program
Impact Mitigation Measure Time Frame for Implementation Responsible
Monitoring
Agency
Date Initials

1. January–March 20: Conduct one survey total.

2. March 20–April 5: Conduct three surveys total. Surveys shall be conducted between sunrise to 10:00 a.m. and/or 4:00
p.m. to sunset.

3. April 5–April 20: Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:30
p.m. to sunset.

4. April 21–June 10: Initiating surveys are not recommended.

Monitoring of known nest sites only.

5. June 10–July 30: (post-fledging) Conduct three surveys total.

Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:00 p.m. to sunset.

Pre-construction surveys shall be completed for at least the two survey periods immediately prior to the subject ground-disturbing activities being initiated, with the latest survey no more than 10 days prior to the start of the subject ground-disturbing. A copy of the survey results shall be submitted to the lead agency as evidence of compliance.
#2 BIO-2 (Swainson’s Hawk). If nests are located and determined to be occupied, minimization measures must be implemented by the relevant applicant in connection with a specific individual development application, and construction monitoring conducted as follows:

1. Construction activities shall be prohibited within 600 feet of During construction activities Lead Agency,
Project
operators,
contractors
Steps to Compliance:

Mitigation Monitoring and Reporting Program
Mitigation Measure and Reporting Program August 2024
Hidden Oaks Tentative Subdivision Project Page 3 of 8
Mitigation Monitoring Program
Impact Mitigation Measure Time Frame for Implementation Responsible
Monitoring
Agency
Date Initials
an active and occupied Swainson’s hawk nest or within 600 feet of nests under construction to prevent nest
abandonment unless a smaller buffer is approved pursuant to subsection (2) below. This incorporates the maximum
avoidance buffer size stated in the California Department of Fish and Wildlife (CDFW) Recommended Timing and
Methodology for Swainson’s Hawk Nesting Surveys in
California’s Central Valley.

2. If site-specific conditions or the nature of the construction activity (e.g., other nearby development, limited activities) indicate that a smaller buffer, or no buffer at all, could be used, the project developer may seek approval from the
qualified Biologist who, in coordination with the CDFW, shall determine the appropriate buffer size, which, once
approved, shall govern.

3. No tree containing an active Swainson’s hawk nest shall be removed.

A copy of the survey results shall be submitted to the lead agency as evidence of compliance.

If (i) no nests are located or (ii) if nests are located and determined not to be occupied, then no minimization
measures shall need to be implemented and no further
mitigation under MM BIO-2 shall be required.

A. The mitigation measures listed are to be followed while Project is implemented if nests are located and determined to be occupied.

B. A copy of the survey results shall be submitted to the Lead Agency.

C. Lead Agency shall verify compliance.
#3 BIO-3 (Nesting Birds and Raptors). If feasible, all construction activities shall take place between September 1 and January 31.

Within 14 days prior to the start of
any ground-disturbing activities
Lead Agency,
Qualified
Biologist
Mitigation Monitoring and Reporting Program
Mitigation Measure and Reporting Program August 2024
Hidden Oaks Tentative Subdivision Project Page 4 of 8
Mitigation Monitoring Program
Impact Mitigation Measure Time Frame for Implementation Responsible
Monitoring
Agency
Date Initials
If construction activities must be completed during the February 1- August 31 avian nesting season, then within 14 days prior to the start of any ground disturbance activities, a qualified biologist shall conduct preconstruction surveys for active bird nests. The survey area shall encompass the project site and surrounding lands within 250 feet for nesting migratory birds and 500 feet for raptors.

If nesting birds are identified during the survey, active raptor nests shall be avoided by 500 feet, and all other migratory bird nests shall be avoided by 250 feet. Avoidance buffers may be reduced if a qualified on-site monitor determines that encroachment into the buffer area is not affecting nest building, the rearing of young, or otherwise affecting the breeding behaviors of the resident birds.

Because nesting birds can establish new nests or produce a second or even third clutch at any time during the nesting season, nesting bird surveys shall be repeated every 30 days as construction activities are occurring throughout the nesting season.

No construction or earth-moving activity shall occur within a nondisturbance buffer until it is determined by a qualified biologist that the young have fledged (left the nest) and have attained sufficient flight skills to avoid Project construction areas. Once the migratory birds or raptors have completed nesting, and the young have fledged, disturbance buffers will no longer be needed and may be removed, and monitoring may cease.

A copy of the survey results shall be submitted to the lead agency as evidence of compliance.
during avian nesting season
(February 1-August 31).

Steps to Compliance:

A. A preconstruction survey for bid nests shall be conducted within 14 days prior to the start of construction.

B. If nesting birds are found during the survey, an avoidance buffer may be required, with the avoidance buffer from any specific nests being determined by the qualified biologist.

C. A nesting bird survey shall be repeated every 30 days as construction activities are occurring throughout the nesting season.

D. Work is to continue under approval and guidance of qualified biologist.

E. A copy of the survey results shall be submitted to the Lead Agency.

F. Lead Agency shall verify compliance.

Cultural Resources
Mitigation Monitoring and Reporting Program
Mitigation Measure and Reporting Program August 2024
Hidden Oaks Tentative Subdivision Project Page 5 of 8
Mitigation Monitoring Program
Impact Mitigation Measure Time Frame for Implementation Responsible
Monitoring
Agency
Date Initials
#7 CUL-1: If cultural resources are encountered during grounddisturbing activities, work in the immediate area must halt and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology (NPS 1983) should be contacted immediately to evaluate the find. Cultural resource materials may include prehistoric resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fireaffected rock, as well as historic resources such as glass, metal, wood, brick, or structural remnants. If the discovery proves to be significant under CEQA, additional work such as data recovery excavation and Native American consultation may be warranted to mitigate any adverse effects.

During ground-disturbing activities Lead Agency,
Project
proponent/
Contractor
Steps to Compliance:

A. If necessary, work shall cease and the project proponent shall retain a qualified archaeologist to assess finds and recommended procedure.

B. The qualified cultural resources specialist shall assess the significance of the find and determine next steps.

C. The Lead Agency shall verify compliance.
#8 CUL-2: The discovery of human remains is always a possibility during ground disturbing activities. If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials.

During construction and grounddisturbing activitiesLead Agency, Project
proponent/
Contractor
Steps to Compliance:

A. If necessary, work shall cease and the project proponent shall retain a qualified archaeologist to assess finds and recommended procedure.

B. The qualified cultural resources specialist shall assess the significance of the find and determine next steps.

C. The Lead Agency shall verify compliance.

Energy
No Mitigation required.

Geology and Soils
Mitigation Monitoring and Reporting Program
Mitigation Measure and Reporting Program August 2024
Hidden Oaks Tentative Subdivision Project Page 6 of 8
Mitigation Monitoring Program
Impact Mitigation Measure Time Frame for Implementation Responsible
Monitoring
Agency
Date Initials
#8 GEO-1: If any paleontological resources are encountered during ground-disturbance activities, all work within 25 feet of the find shall halt until a qualified paleontologist, as defined by the Society of Vertebrate Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources (2010), can evaluate the find and make recommendations regarding treatment. Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock.

The qualified paleontologist shall contact the Natural History Museum of Los Angeles County or another appropriate facility regarding any discoveries of paleontological resources.

If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations and fossil recovery may be required to mitigate adverse impacts from Project implementation. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided to ensure no adverse effects, or such effects must be mitigated.

Construction in that area shall not resume until the resourceappropriate measures are recommended, or the materials are determined to be less than significant. If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in an accredited and permanent scientific institution. Copies of all correspondence and reports shall be submitted to the Lead Agency.

During ground disturbance
activities
Lead Agency,
Project
proponent/
Contractor
Steps to Compliance:

A. In the event that paleontological resources are encountered during ground disturbance activities, all work within 100 feet shall halt.

B. If required, the project proponent shall contact the qualified paleontologist to assess the find.

C. The operator shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement.

D. The Lead Agency shall verify compliance with the mitigation measure.

Greenhouse Gas Emissions
No Mitigation required.

Mitigation Monitoring and Reporting Program
Mitigation Measure and Reporting Program August 2024
Hidden Oaks Tentative Subdivision Project Page 7 of 8
Mitigation Monitoring Program
Impact Mitigation Measure Time Frame for Implementation Responsible
Monitoring
Agency
Date Initials
Hazardous Materials
No Mitigation required.

Hydrology and Water Quality
No Mitigation required.

Land Use and Planning
No Mitigation required.

Mineral Resources
No Mitigation required.

Noise
#10 NSE-1: During construction, the contractor shall implement the following measures:

1. All stationary construction equipment on the Project site shall be located so that noise-emitting objects or equipment face away from any potential sensitive receptors.

2. The construction contractor shall ensure that all construction equipment is equipped with manufacturer-approved
mufflers and baffles. During construction, stationary
construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers.

3. Construction activities shall take place during daylight hours, when feasible.

During construction activities Lead Agency,
Project
proponent/
Contractor
Steps to Compliance:

A. The Project proponent and contractors shall implement the listed mitigation measures.

B. The Lead Agency shall verify compliance.

Population and Housing
No Mitigation required.

Public Services
No Mitigation required.

Recreation
Mitigation Monitoring and Reporting Program
Mitigation Measure and Reporting Program August 2024
Hidden Oaks Tentative Subdivision Project Page 8 of 8
Mitigation Monitoring Program
Impact Mitigation Measure Time Frame for Implementation Responsible
Monitoring
Agency
Date Initials
No Mitigation required.

Traffic and Transportation
No Mitigation required.

Tribal Cultural Resources
Implement Mitigation Measures MM CUL-1 and MM CUL-2.

Utilities and Service Systems
No Mitigation required.

Wildfire
No Mitigation required.

HIDDEN OAK TENTATIVE SUBDIVISION Page 65 of 72
Supporting Information and Sources

1. City of Lindsay General Plan

2. City of Lindsay Zoning Ordinance

3. California Farmland Mapping and Monitoring Program

4. SJVAPCD Regulations and Guidelines

5. California Air Resources Board’s (CARB’s) Air Quality and Land Use Handbook

6. Guidance for Land Use Agencies in Addressing Greenhouse Gas Emission Impacts for New Projects Under CEQA

7. California Air Resources Board’s (CARB’s) Air Quality and Land Use Handbook

8. California Natural Diversity Database (CNDDB)

9. Flood Insurance Rate Maps

10. California Air Resources Board’s (CARB’s) Air Quality and Land Use Handbook

11. California Building Code (2022)

12. Lindsay 2020 Urban Water Management Plan

13. California Energy Commission. 2019 Building Energy Efficiency Standards.

14. Department of Toxic Substance Control Envirostar

15. California Stormwater Pollution Prevention Program (SWPPP)

16. US Census (2020)

17. County of Tulare SB 743 Guidelines

18. County of Tulare 2023 Local Hazard Mitigation Plan

19. California Environmental Quality Act CEQA Guidelines Appendix A
Biological Evaluation

BIOLOGICAL EVALUATION

HIDDEN OAKS SUBDIVISION

LINDSAY, CA
By:

LIVE OAK ASSOCIATES, INC.

Austin Pearson, Vice President
Natalie Neff, Staff Ecologist
For:

Greg Nunley
Quest Equity LLC
1969 Hillman
Tulare, CA 93274
January 18, 2024 Project No. 2841-01
ii

TABLE OF CONTENTS

1.0 INTRODUCTION ....................................................................................................................1

1.1 PROJECT DESCRIPTION ...................................................................................................1

1.2 REPORT OBJECTIVES .......................................................................................................1

1.3 STUDY METHODOLOGY..................................................................................................4

2.0 EXISTING CONDITIONS ......................................................................................................5

2.1 REGIONAL SETTING .........................................................................................................5

2.2 PROJECT SITE .....................................................................................................................5

2.3 BIOTIC HABITATS .............................................................................................................7

2.4 SPECIAL STATUS PLANTS AND ANIMALS ..................................................................8

2.5 JURISDICTIONAL WATERS ...........................................................................................14

2.6 DESIGNATED CRITICAL HABITAT ..............................................................................14

2.7 SENSITIVE NATURAL COMMUNITIES .......................................................................14

2.8 WILDLIFE MOVEMENT CORRIDORS ..........................................................................15

3.0 REGULATORY FRAMEWORK ..........................................................................................16

3.1 NATIONAL ENVIRONMENTAL POLICY ACT ............................................................16

3.2 THREATENED AND ENDANGERED SPECIES ............................................................17

3.3 CALIFORNIA FULLY PROTECTED SPECIES ..............................................................18

3.4 MIGRATORY BIRDS ........................................................................................................18

3.5 BIRDS OF PREY ................................................................................................................18

3.6 NESTING BIRDS ...............................................................................................................19

3.7 JURISDICTIONAL WATERS ...........................................................................................19

4.0 IMPACTS AND MITIGATIONS ..........................................................................................22

4.1 POTENTIALLY SIGNIFICANT IMPACTS .....................................................................22

4.1.1 Potential Project Impacts to Nesting Birds and Raptors ..............................................22

4.1.2 Potential Project Impacts to Swainson’s Hawks..........................................................23

4.2 LESS THAN SIGNIFICANT IMPACTS ...........................................................................24

4.2.1 Project Impacts to Special Status Plant Species ..........................................................24

4.2.2 Project Impacts to Special Status Animal Species Absent from or Unlikely to Occur on Site ..........................................................................................................................24

4.2.3 Project Impacts to Special Status Animal Species that Would Use the Site for Foraging Only .............................................................................................................25

4.2.4 Project Impacts to Jurisdictional Waters .....................................................................26

4.2.5 Project Impacts to Sensitive Natural Communities and Designated Critical Habitat .26

4.2.6 Project Impacts to Wildlife Movement Corridors .......................................................26

5.0 SECTION 7 EFFECT DETERMINATIONS FOR ESA-LISTED SPECIES ........................27

6.0 LITERATURE REFERENCED OR CITED ..........................................................................29 APPENDIX A: VASCULAR PLANTS OF THE PROJECT SITE .............................................31 APPENDIX B: TERRESTRIAL VERTEBRATES OF THE PROJECT SITE ...........................33 APPENDIX C: SELECTED PHOTOGRAPHS OF THE PROJECT SITE ................................38 APPENDIX D: U.S. FISH AND WILDLIFE SERVICE SPECIES LIST ...................................42 1 1.0 INTRODUCTION
Live Oak Associates, Inc. (LOA) conducted a biological study of a proposed residential subdivision (“project”) in Tulare County, California, and evaluated the project’s potential impacts to biological resources within the context of the National Environmental Policy Act (NEPA). The project will be developed on a 9-acre property (“project site”), immediately within the northwestern limits of the City of Lindsay (Figure 1). The project site may be found on the Lindsay U.S. Geological Survey (U.S.G.S.) 7.5-minute quadrangle in Section 1 of Township 20 south, Range 26 east. (Figure 2).

1.1 PROJECT DESCRIPTION
The project is the development of a 50-lot, single-family residential subdivision. It includes home construction and various other improvements including installation of utility infrastructure and construction of new residential streets.

1.2 REPORT OBJECTIVES
As we understand it, the project will receive federal funding and therefore must undergo environmental review pursuant to NEPA. NEPA requires federal agencies to evaluate the environmental effects of their proposed actions, including the disbursement of funds, prior to undertaking these actions. This report evaluates the project’s potential impacts to biological resources from the standpoint of NEPA and other applicable laws. As such, its objectives are to:
• Characterize the site’s existing biological resources, including biotic habitats, flora and fauna, soils, and aquatic resources
• Evaluate the site’s potential to support sensitive resources such as special status species, sensitive natural communities, and jurisdictional waters • Summarize all natural resource protection laws that may be relevant to project implementation
• Identify and discuss potential project-related impacts to biological resources within the context of NEPA and other natural resource protection laws Project
Site
Site Location Map
Vicinity Map Regional Map
See
Vicinity Map
(left)
See Site Map (above)
0 1 mile
Date Project # Figure #
1 Vicinity Map
1/2/2024 2841-01
Hidden Oaks Subdivision
approximate scale
1 mile 1/2
Project
Site
0 approximate scale
1/2 mile
From USGS
Lindsay 7.5' Quadrangle 1969
1/2 mile
Date Project # Figure #
2 U.S.G.S. Quadrangle
1/2/2024 2841-01
Hidden Oaks Subdivision
4 • Identify avoidance and mitigation measures that would reduce the magnitude of projectrelated impacts in a manner consistent with NEPA and species-specific guidelines • Make effect determinations pursuant to Section 7 of the federal Endangered Species Act for listed species with the potential to occur in the project vicinity.

1.3 STUDY METHODOLOGY
A reconnaissance-level field survey of the project site was conducted on December 21, 2023 by LOA ecologist Natalie Neff. The survey consisted of walking through the site while identifying its principal land uses, biotic habitats, flora, and fauna, and assessing its potential to support special status species and other sensitive resources. The survey did not include a formal aquatic resources delineation or focused surveys for special status species. The survey was sufficient to assess the significance of possible biological impacts associated with project implementation, and to assess the need for more detailed studies that could be warranted if sensitive resources were identified in this initial survey.

LOA conducted an analysis of potential project impacts based on the known and potential biotic resources of the project site. Sources of information used for this analysis included the Information for Planning and Consultation (IPaC) system (USFWS 2023), California Natural Diversity Data Base (CDFW 2023), Online Inventory of Rare and Endangered Vascular Plants of California (CNPS 2023), and manuals, reports, and references related to plants and animals of the project vicinity.
5 2.0 EXISTING CONDITIONS

2.1 REGIONAL SETTING
The project site is located in the Tulare Basin, which itself lies in the southeastern portion of the San Joaquin Valley. The San Joaquin Valley is bordered to the east by the Sierra Nevada, to the south by the Transverse Range, to the west by the Inner Coast Ranges, and to the north by the SacramentoSan Joaquin Delta.

The San Joaquin Valley has a Mediterranean climate. Warm dry summers are followed by cool moist winters. Summer temperatures commonly exceed 100 degrees Fahrenheit, and the relative humidity is generally very low. Winter temperatures rarely rise much above 70 degrees Fahrenheit, and daytime high temperatures are often below 60 degrees Fahrenheit. Annual precipitation in the project vicinity is about 13 inches, almost 85% of which falls between the months of November and April in the form of rain.

The principal water feature of the region is the Friant-Kern Canal, which runs north to south and is approximately 2.3 miles northeast of the project site at its closest point. The 151.8-mile-long canal transports water from the San Joaquin River at Friant Dam to the Kern River in Bakersfield.

The canal redistributes water from central to southern California, annually delivering water to more than 1 million acres of farmland and to over 250,000 San Joaquin Valley residents.

The project site is situated within the outskirts of the City of Lindsay where urban land use transitions to agriculture. It is bordered to the east by Oak Avenue, two residential properties and a fallow field, to the south by a fallow field, and to the west and north by orange orchards. See Figure 3 on the following page for an aerial view of the project site and surrounding lands.

2.2 PROJECT SITE
At the time of LOA’s biological survey, the project site consisted of a fallow field. The site’s topography is flat, with an average elevation of 367 feet above sea level.

Approximate Project Boundary
Approximate Project Boundary
Highway 65
W Tulare Rd
Oak Ave
Delta St
0 Date Project # Figure #
3 Aerial Photograph of Site
1/2/2024 2841-01
Hidden Oaks Subdivision
approximate scale
Aerial Photograph
Courtesy of Google Earth 6/2023
300' 150' 300 feet
7 The site contains one soil mapping unit: Exeter loam, 0-2 percent slopes (NRCS 2023). This soil complex is not considered hydric, meaning it does not have the propensity to pond water and support the growth of wetland vegetation (NRCS 2011).

Lists of the vascular plant species observed within the project site and the terrestrial vertebrates using, or potentially using, the site are provided in Appendices A and B, respectively.

Representative photographs are presented in Appendix C.

2.3 BIOTIC HABITATS
A single biotic habitat / land use was identified within the project site at the time of the survey:
ruderal field. Analysis of aerial imagery indicates that the field is the former site of an orchard, with the trees having been removed sometime between 2006 and 2009. Since then, it appears to have been left fallow, with occasional disking and/or mowing for weed control.

At the time of the survey, the field supported non-native grasses and forbsincluding wild oats (Avena fatua), prickly lettuce (Lactuca serriola), common cheeseweed (Malva parviflora), and black mustard (Brassica nigra), among others. Household refuse, tree stumps, and debris piles were scattered along the margins of the field.

The project site’s ruderal field is likely to be used by a number of common wildlife species. Reptiles that could occur here include the side-blotched lizard (Uta stansburiana) and Pacific gopher snake (Pituophis catenifer catenifer). Brewer’s blackbirds (Euphagus cyanocephalus), American crows (Corvus brachyrhynchos) and American pipits (Anthus rubescens) may forage in the field from time to time, as could open country raptors such as the red-tailed hawk (Buteo jamaicensis) and American kestrel (Falco sparverius). Ground nesting avian species such as the killdeer (Charadrius vociferus) and mourning dove (Zenaida macroura) could nest in the field.

Small mammal use of the site’s ruderal field may include the Botta’s pocket gopher (Thomomys bottae), deer mouse (Peromyscus maniculatus), and California ground squirrel (Otospermophilus beecheyi). Several California ground squirrel burrows were found on the edges of the project site where debris and tree stumps protected the area from disking. Coyotes (Canis latrans) and raccoons (Procyon lotor) may utilize and pass through the site on occasion, and various bats may forage over the site.
8 2.4 SPECIAL STATUS PLANTS AND ANIMALS
Many species of plants and animals within the state of California have low populations, limited distributions, or both. Such species may be considered “rare” and are vulnerable to extirpation as the state’s human population grows and the habitats these species occupy are converted to agricultural and residential uses. As described more fully in Section 3.2, state and federal laws have provided the CDFW and the U.S. Fish and Wildlife Service (USFWS) with a mechanism for conserving and protecting the diversity of plant and animal species native to the state. A sizable number of native plants and animals have been formally designated as threatened or endangered under state and federal endangered species legislation. Others have been designated as “candidates” for such listing. Still others have been designated as “species of special concern” by the CDFW. The California Native Plant Society (CNPS) has developed its own set of lists (i.e., California Rare Plant Ranks, or CRPR) of native plants considered rare, threatened, or endangered (CNPS 2023). Collectively, these plants and animals are referred to as “special status species.” The California Natural Diversity Data Base (CNDDB) was queried for special status plant and animal occurrences in the nine USGS 7.5-minute quadrangles containing and surrounding the project site: Exeter, Rocky Hill, Chickencoop Canyon, Cairns Corner, Lindsay, Frazier Valley, Woodville, Porterville, and Success Dam. A number of special status plants and animals were returned in the query and are summarized below in Table 1. Sources of information for this table included California’s Wildlife, Volumes I, II, and III (Zeiner et. al 1988-1990), California Natural Diversity Data Base (CDFW 2023), The Jepson Manual: Vascular Plants of California, second edition (Baldwin et al 2012), the California Native Plant Society’s Inventory of Rare and Endangered Vascular Plants of California (CNPS 2023), Calflora.org, and eBird.org. 9 TABLE 1. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING IN THE

PROJECT VICINITY
PLANTS
Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat/Range *Occurrence within the Project Site Kaweah Brodiaea
(Brodiaea insignis)

CE, CRPR
1B.2
Found on grassy, south-facing to
west-facing slopes in blue oak
woodland habitat, where it grows in
association with heavy clay soils
over a granitic substrate. It is
typically found between 800 and
1,600 feet in elevation, although
several occurrences in the Middle
Fork Tule River drainage are as high
as 2,500 feet. Blooms April-June.

Absent. The project site lies outside of this
species’ elevational range and suitable habitat
is absent.

Springville Clarkia
(Clarkia springvillensis)

FT, CE,
CRPR 1B.2
Found on granitic soils in sunny
locations including the uphill slope
of roadbanks, small decomposing
granite domes, and openings in blue
oak woodland or chaparral habitat,
typically between 1,220 and 3,000
feet in elevation. Blooms May-July.

Absent. The project site lies outside of this
species’ elevational range and suitable habitat
is absent.

Striped Adobe-Lily
(Fritillaria striata)

CT, CRPR
1B.1
Occurs in heavy clay soils of
cismontane woodland and valley and
foothill grassland between 450 and
3,000 feet in elevation. Blooms
February-April.

Absent. The project site lies outside of this
species’ elevational range and suitable habitat
is absent.

San Joaquin Woollythreads
(Monolopia congdonii)
FE,
CRPR 1B.2
Found in sandy or silty soils within
chenopod scrub and grassland
habitats. Although this species is
known from elevations up to 2,600
feet in Santa Barbara and San Luis
Obispo Counties, its upper elevation
limit in the San Joaquin Valley and
surrounding hills is approximately
850 feet (ESRP 2022). Blooms
February-May.

Absent. Suitable habitat for this species is
absent from the project site.

San Joaquin Adobe Sunburst
(Pseudobahia peirsonii)

FT, CE,
CRPR 1B.1
Occurs in foothill grasslands in
heavy clay soils of the Porterville and
Centerville series, between 300 and
2,625 ft. in elevation. Blooms MarchApril.

Absent. This species was generally mapped to
Lindsay in 1928 but that population has since
been extirpated and no habitat remains in the
vicinity (CDFW 2023). Moreover, the site
lacks suitable habitat and soils for this species.

Keck’s Checkerbloom
(Sidalcea keckii)

FE, CRPR
1B.1
Found in grasslands and grassy
openings in blue oak woodland
habitats up to 2,100 feet in elevation.

Found in association with gabbro or
serpentine-derived, clay soils.

Blooms April-May.

Absent. Suitable habitat and soils for this
species are absent from the project site.
10 TABLE 1. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING IN THE

PROJECT VICINITY
PLANTS (cont’d)
CNPS-listed Species
Species Status Habitat *Occurrence within the Project Site Earlimart Orache
(Atriplex cordulata var.
erecticaulis)
CRPR 1B.2 Occurs in alkaline soils of valley and
foothill grasslands between 230 and
395 ft. in elevation. Blooms AugustSeptember.

Absent. Suitable habitat and soils for this
species are absent from the project site.

Lesser Saltscale
(Atriplex minuscula)
CRPR 1B.1 Occurs in woodlands and grasslands
of the San Joaquin Valley;
alkaline/sandy soils; blooms MayOctober; elevation 50-660 ft.

Absent. Suitable habitat and soils for this
species are absent from the project site.

Subtle Orache
(Atriplex subtilis)
CRPR 1B.2 Occurs in grasslands of the San
Joaquin Valley; blooms AugustOctober; elevation 130-330 ft.

Absent. The project site is situated above this
species’ elevational distribution and suitable
habitat is absent.

Recurved Larkspur
(Delphinium recurvatum)
CRPR 1B.2 Occurs in alkaline soils of
cismontane woodland and valley and
foothill grasslands in elevations
between 100 and 2,000 feet. Blooms
March-June.

Absent. Suitable habitat and soils for this
species are absent.

Calico Monkeyflower
(Diplacus pictus)
CRPR 1B.2 Occurs around granitic outcrops or
gooseberry shrubs in broadleaf
upland forest and cismontane
woodland in granitic soils between
330 and 4270 ft. in elevation. May
occur in disturbed areas. Blooms
March-May.

Absent. This species was generally mapped to
Lindsay in 1921; however, decades of
agricultural and urban use have since rendered
the area unsuitable. The project site itself
lacks suitable habitat and soils for this species.

Spiny-sepaled Button Celery
(Eryngium spinosepalum)
CRPR 1B.2 Found in vernal pools, swales and
valley and foothill grasslands at the
eastern edge of the San Joaquin
Valley and in the Tulare Basin;
elevation between 330 and 840 ft.

Blooms April to May.

Absent. Suitable habitat for this species is
absent from the project site.

Alkali-Sink Goldfields
(Lasthenia chrysantha)
CRPR 1B.1 Occurs in valley grassland, alkali
sink, wetland riparian areas less than
330 ft. in elevation in the southern
Sacramento Valley and San Joaquin
Valley. Blooms February – June.

Absent. Suitable habitat for this species is
absent from the project site.

Madera Leptosiphon
(Leptosiphon serrulatus)
CRPR 1B.2 Occurs in openings in cismontane
woodland between 980 and 1,400 ft.
in elevation. Blooms April-May.

Absent. The project site is situated below this
species’ elevational distribution and suitable
habitat is absent.

Shining Navarretia
(Navarretia nigelliformis
ssp. radians)
CRPR 1B.2 Occurs in cismontane woodland,
vernal pools, and valley and foothill
woodland. Elevations 200-3,300
feet. Blooms May to July.

Absent. Suitable habitat for this species is
absent from the project site.

California Alkali Grass
(Puccinellia simplex)
CRPR 1B.2 Occurs in alkali sinks and flats within
grassland and chenopod scrub
habitats of the Central Valley, San
Francisco Bay area and western
Mojave Desert; elevations below
3,000 feet. Blooms March-May.

Absent. Suitable habitat and soils for this
species are absent from the project site.

Chaparral Ragwort
(Senecio aphanactis)
CRPR 2B Drying alkaline flats in coastal scrub,
chaparral, and cismontane woodland
habitats at elevations up to 2,800 feet.

Blooms Jan. – April.

Absent. Suitable habitat and soils for this
species are absent from the project site.
11 TABLE 1. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING IN THE

PROJECT VICINITY

ANIMALS
Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat *Occurrence within the Project Site Vernal Pool Fairy Shrimp
(Branchinecta lynchi)
FT Primarily found in vernal pools of
California’s Central Valley.

Absent. Vernal pools are absent from the site
and adjacent lands.

Crotch Bumble Bee
(Bombus crotchii)
CCE Once common in the Central Valley, this
species is now absent from most of it,
particularly in the central portion of its
historic range. Where present, it is
associated with open grassland and
scrub habitats, where it relies on food
plants of the Asclepias, Chaenactis,
Lupinus, Medicago, Phacelia, and
Salvia genera (Williams et al. 2014).

Unlikely. The site’s habitats may be marginally
suitable for the Crotch bumble bee, but this
species is now generally thought to be absent
from the valley floor..

Monarch Butterfly
(Danaus plexippus)
FC Overwinters in coastal California and
Baja California and breeds throughout
California in the spring and summer
along its annual migration north and
east. The adult monarch lays its eggs on
obligate milkweed (Asclepias spp.) host
plants, which the resultant larvae feed on
before pupating and emerging as adults.

In addition to milkweed, this species
requires abundant nectar resources to
nourish migrating adults, and trees for
roosting during migratory stopovers.

Possible. Monarchs may pass through the site
during seasonal migration, possibly foraging for
nectar among its flowering plants. Although
LOA’s survey was not conducted at a time of
year when milkweed is readily identifiable,
identified plants were almost all non-native
annuals, reflecting a ruderal condition and the
site’s history as an orchard. That, combined
with periodic disking practices, suggests a fairly
low potential for the site to support milkweed
and thus monarch reproduction.

Valley Elderberry Longhorn
Beetle
(Desmocerus californicus
dimorphus)
FT Lives in mature elderberry shrubs of
California’s Central Valley and Sierra
foothills.

Absent. Current accepted VELB distribution
does not include the San Joaquin Valley south
of Merced County.

California Tiger Salamander
(Ambystoma californiense)
FT,
CT
Found primarily in annual grasslands;
requires vernal pools for breeding and
rodent burrows for aestivation. Although
most CTS aestivate within 0.4 mile of
their breeding pond, outliers may
aestivate up to 1.3 miles away (Orloff
2011).

Absent. The site is situated in a matrix of urban
and intensive agricultural uses within which this
species would not have been able to persist.

Suitable breeding habitat for this species is
absent from the project site itself, and from
surrounding lands within a distance that would
enable them to access the site for aestivation.

Foothill Yellow-Legged Frog
- South Sierra DPS
(Rana boylii pop. 5)
FPE,
CE
Found in or near rocky streams in a
variety of habitats. Use submerged
rocks and debris for cover. Requires
gravel or rocks in moving water near
stream margins for reproduction.

Absent. Aquatic habitat needed to support this
species is absent from project site and adjacent
lands. Furthermore, there are no known
occurrences within the vicinity of the project
site.

Western pond turtle
(Actinemys marmorata)
FPT,
CSC
Found in ponds, marshes, rivers,
streams, and irrigation ditches with
aquatic vegetation. Requires partially
submerged rocks or logs or sandy banks
for basking sites. Nesting takes place in
open areas, on a variety of soil types, and
up to ¼ mile away from water.

Absent. The only aquatic feature in the near
project vicinity is a basin located approximately
275 feet southeast of the project site. The basin
does not appear to have an inundation regime
capable of supporting this species. While
Google Earth aerial imagery depicts it as
partially inundated in 2023, it was dry in the six
previous images dating back to 2014. In the
absence of suitable aquatic habitat in the
vicinity, the western pond turtle would itself be
absent.
12 TABLE 1. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING IN THE

PROJECT VICINITY
ANIMALS (cont’d)
Species Listed as Threatened or Endangered under the State and/or Federal Endangered Species Act Species Status Habitat *Occurrence within the Project Site Tricolored Blackbird
(Agelaius tricolor)
CT,
CSC
Nests colonially near fresh water in
dense cattails or tules, in thickets of
willows or shrubs, and increasingly in
grain fields. Forages in grassland and
cropland areas.

Possible. The project site has some potential to
be used by foraging tricolored blackbirds from
time to time, but nesting habitat is absent from
the project site.

Swainson’s Hawk
(Buteo swainsoni)
CT This breeding migrant to California
nests in mature trees in riparian areas
and oak savannah, and occasionally in
lone trees at the margins of agricultural
fields. Requires adjacent suitable
foraging areas such as grasslands or
alfalfa fields supporting rodent
populations.

Possible. The CNDDB lists three nesting
occurrences of this species in the general project
vicinity, between 3 and 6 miles west of the site,
and there are several other sightings in the area
reported in eBird (2023). Suitable nesting
habitat is absent on the project site but does
exist within its immediate vicinity in the form
of large ornamental trees. Any Swainson’s
hawks nesting in the vicinity would be likely to
forage in the site’s ruderal field from time to
time.

Yellow-Billed Cuckoo
(Coccyzus americanus)
FT,
CE
This breeding season migrant occurs in
valley foothill and desert riparian
habitats in scattered locations in
California. Nests in large blocks of
riparian habitats, particularly
cottonwoods and willows.

Absent. This species has been extirpated from
the project vicinity. Regardless, the site does not
contain suitable habitat for this species.

California Condor
(Gymnogyps californianus)
FE,
CE,
CFP
This obligate scavenger hunts for carrion
over vast expanses of savannah,
grassland, and chaparral habitats.

Primarily a cavity-nesting species,
condors lay their eggs in rock crevices,
on overhung cliff ledges, and in burnedout hollows of old-growth conifers.

Condors in the project vicinity are from
the southern California flock, currently
estimated at 89 free-flying individuals
(NPS 2023).

Unlikely. Condors from the southern California
flock are known from the region, with telemetry
locations regularly logged in the foothills 5-10
miles east of the site (USFWS 2020). However,
the site itself does not offer foraging or nesting
habitat for this species, and condors are unlikely
to venture into the matrix of urban and intensive
agricultural uses that characterizes the
immediate project vicinity. At most, a transient
condor may occasionally fly overhead.

Tipton Kangaroo Rat
(Dipodomys nitratoides
nitratoides)
FE,
CE
Inhabits valley saltbush scrub, valley
sink scrub, and grassland habitats with
friable, sandy-loam soils east of the
California Aqueduct.

Absent. The site is situated in a matrix of urban
and intensive agricultural uses within which this
species would not have been able to persist.

San Joaquin Kit Fox
(Vulpes macrotis mutica)
FE,
CT
Found in remnant grassland and scrub
habitats of the San Joaquin Valley, and
in three “core populations” identified as
the natural lands of western Kern
County, the Carrizo Plain Natural Area
in San Luis Obispo County, and the
Ciervo-Panoche Natural Area in western
Fresno and eastern San Benito Counties
(USFWS 1998). May forage in
agricultural habitats near natural lands.

In some cases has become adapted to
urban environments, as has occurred in
the cities of Bakersfield, Taft, and
Coalinga. Utilizes enlarged ground
squirrel burrows for denning.

Unlikely. The site’s ruderal field is conceivably
suitable for kit fox foraging and denning.

However, this species is not expected to occur
in the project vicinity such that it would be able
to access the site. First, modern occurrences are
lacking in the vicinity. Of the eight CNDDB
occurrences within 10 miles of the site, all but
one is from the 1970s; the remaining occurrence
is from over 20 years ago, in 2001. Second, the
site is situated in the outskirts of Lindsay, in the
midst of residential developments, orchards,
and other land uses generally incompatible with
kit fox ecology. Finally, the project site is
located some 75 miles from the nearest kit fox
core population.
13 TABLE 1. LIST OF SPECIAL STATUS SPECIES POTENTIALLY OCCURRING IN THE

PROJECT VICINITY

ANIMALS
State Species of Special Concern
Species Status Habitat *Occurrence within the Project Site Western Spadefoot
(Spea hammondii)
CSC Occurs in grasslands of San Joaquin
Valley, where it breeds in vernal pools
or other seasonal wetlands and aestivates
in underground refugia such as rodent
burrows. Baumberger et al. (2019)
recorded a maximum distance of around
890 feet between breeding and
aestivation sites.

Absent. The site is situated in a matrix of urban
and intensive agricultural uses within which this
species would not have been able to persist.

Northern California Legless
Lizard
(Anniella pulchra)
SSC Occurs in sparsely vegetated areas of
beach dunes, chaparral, pine-oak
woodlands, desert scrub, sandy washes,
and stream terraces with sycamores,
cottonwoods, or oaks. Requires moist
soils.

Unlikely. Suitable habitat is absent from the
project site and this species is unlikely to have
persisted in the matrix of urban and intensive
agriculture uses that characterize the project
vicinity.

Pallid Bat
(Antrozous pallidus)
SSC Roosts in rocky outcrops, cliffs, and
crevices with access to open habitats for
foraging. May also roost in caves, mines,
hollow trees and buildings.

Possible. Individuals of this species could
forage on or over the site, but no roosting
habitat is present.

Western Mastiff Bat
(Eumops perotis
californicus)
SSC Frequents open, semi-arid to arid
habitats, including conifer, and
deciduous woodlands, coastal scrub,
grasslands, palm oasis, chaparral and
urban. Roosts in cliff faces, high
buildings, and tunnels.

Possible. Individuals of this species could
forage over the site, but roosting habitat is
absent.

Townsend’s Big-eared bat
(Corynorhinus townsendii)
SSC Primarily a cave-dwelling bat, but may
also roost in tunnels, buildings, other
human-made structures, and hollow
trees. Occurs in a variety of habitats.

Possible. Individuals of this species could
forage over the site, but roosting habitat is
absent.

American Badger
(Taxidea taxus)
CSC This species inhabits open and dry
sections of grasslands, shrub, and forest
habitats with friable soil.

Unlikely. The site’s disturbed nature and urban
setting make it highly unlikely to be occupied
or utilized by American badgers.

OCCURRENCE DESIGNATIONS AND STATUS CODES

Present: Species observed on the site at time of field surveys or during recent past.

Likely: Species not observed on the site, but it may reasonably be expected to occur there on a regular basis.

Possible: Species not observed on the site, but it could occur there from time to time.

Unlikely: Species not observed on the site, and would not be expected to occur there except, perhaps, as a transient.

Absent: Species not observed on the site and precluded from occurring there because habitat requirements not met.

STATUS CODES
FE Federally Endangered CE California Endangered
FT Federally Threatened CT California Threatened
FPE Federally Endangered (Proposed) CFP California Fully Protected FPT Federally Threatened (Proposed) CSC California Species of Special Concern FC Federal Candidate CCE California Candidate Endangered

CRPR CODES
1A Plants Presumed Extinct in California Threat Ranks
1B Plants Rare, Threatened, or Endangered in 0.1 – Seriously threatened (> 80% of occurrences threatened) California and elsewhere 0.2 – Moderately threatened (20-80% of occurrences threatened) 2B Plants Rare, Threatened, or Endangered in 0.3 – Not very threatened (< 20% of occurrences threatened) California, but more common elsewhere
14 2.5 JURISDICTIONAL WATERS
Jurisdictional waters are those rivers, creeks, drainages, lakes, ponds, reservoirs, and wetlands that are subject to the authority of the USACE, CDFW, and/or the RWQCB. In general, the USACE regulates navigable waters, tributaries to navigable waters, and wetlands with a continuous surface connection to these waters, where wetlands are defined by the presence of hydric soils, hydrophytic vegetation, and wetland hydrology. All waters under USACE jurisdiction are also regulated by the RWQCB as waters of the State. Additionally, the RWQCB asserts jurisdiction over certain isolated features disclaimed by the USACE. The CDFW has jurisdiction over waters that have a defined bed and bank. The regulation of jurisdictional waters is discussed in more detail in Section 3.7.

Aquatic features, including any potentially jurisdictional waters or wetlands, are absent from the project site.

2.6 DESIGNATED CRITICAL HABITAT
Species listed as threatened or endangered under the federal Endangered Species Act often have areas of “critical habitat” designated at the time of their listing. Critical habitat is a specific geographic area that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection.

Designated critical habitat is absent from the project site and surrounding lands. The nearest unit of critical habitat is located approximately 6.5 miles east of the site, and has been designated for the California condor (Gymnogyps californianus).

2.7 SENSITIVE NATURAL COMMUNITIES
California contains a wide range of natural communities, or unique assemblages of plants and animals. These communities have largely been classified and mapped by CDFW as part of their Vegetation Classification and Mapping Program (VegCAMP). Natural communities are assigned state and global ranks according to their rarity and the magnitude and trend of the threats they face.

Any natural community with a state rank of 3 or lower (on a 1 to 5 scale) is considered “sensitive.” Sensitive natural communities are absent from the project site and adjacent lands. 15 2.8 WILDLIFE MOVEMENT CORRIDORS
Wildlife movement corridors are routes that animals regularly and predictably follow during seasonal migration, dispersal from native ranges, daily travel within home ranges, and interpopulation movements. Movement corridors in California are typically associated with valleys, ridgelines, and rivers and creeks supporting riparian vegetation.

The project site does not contain or adjoin any features likely to function as wildlife movement corridors.
16 3.0 REGULATORY FRAMEWORK

3.1 NATIONAL ENVIRONMENTAL POLICY ACT
Projects that are proposed, funded, or authorized by federal agencies are generally subject to the provisions of NEPA. Signed into law in 1970, NEPA requires federal agencies to evaluate the environmental effects of their proposed actions prior to making decisions, and to provide opportunities for public review and comment during this process.

The Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR Parts 1500-1508; “CEQ regulations”) define effects as “changes to the human environment from the proposed action or alternatives that are reasonably foreseeable.” Examples include “ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, or health.” Agencies are explicitly instructed to consider direct, indirect, and cumulative effects; the latter denotes those effects that “result from the incremental effects of the action when added to the effects of other past, present, and reasonably foreseeable actions” by any agency or entity.”
The level of NEPA review that is required is related to the project’s potential to cause “significant” environmental effects. “Significant” is not explicitly defined under NEPA; however, CEQ regulations offer several guidelines for determining, and discounting, significance. Federal agencies are instructed to base their significance determinations on an analysis “of the potentially affected environment and degree of the effects of the action.” Potentially affected environment refers both to the geographic area of the action, and to the resources found within this area; examples of the latter from the statute are listed species and designated critical habitat. Effects need not be far-reaching to be considered significant; for site-specific actions, a determination of significance usually depends only on the effects in the local area.

In considering the degree of an action’s effects, federal agencies are instructed to consider the following:
• Both short- and long-term effects
• Both beneficial and adverse effects
17 • Effects on public health and safety
• Effects that would violate federal, state, tribal, or local law protecting the environment NEPA requires that federal agencies consider mitigating for the environmental effects of their actions. Suitable measures include the following:
• Avoiding the impact altogether by not taking a certain action or parts of an action. • Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
• Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. • Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
• Compensating for the impact by replacing or providing substitute resources or environments.

3.2 THREATENED AND ENDANGERED SPECIES
In California, imperiled plants and animals may be afforded special legal protections under the California Endangered Species Act (CESA) and/or federal Endangered Species Act (ESA). Species may be listed as “threatened” or “endangered” under one or both Acts, and/or as “rare” under CESA. Under both Acts, “endangered” means a species is in danger of extinction throughout all or a significant portion of its range, and “threatened” means a species is likely to become endangered within the foreseeable future. Under CESA, “rare” means a species may become endangered if their present environment worsens. Both Acts prohibit “take” of listed species, defined under CESA as “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill” (California Fish and Game Code, Section 86), and more broadly defined under the ESA to include “harm” (16 USC, Section 1532(19), 50 CFR, Section 17.3). The USFWS commonly interprets “take” to include the loss of habitat utilized by a listed species.

The ESA also requires federal agencies to use their authority to conserve listed species. Whenever an action that a federal agency is funding, authorizing, or carrying out may affect ESA-listed species or designated critical habitat, then under ESA Section 7, that agency is required to consult with the USFWS and/or National Marine Fisheries Service (NMFS) to ensure the species in question will not be jeopardized and critical habitat will not be destroyed or adversely modified. 18 Species proposed for ESA listing are covered to a lesser degree; for such species, Section 7 consultation is required only when a federal action may jeopardize their continued existence.

3.3 CALIFORNIA FULLY PROTECTED SPECIES
The classification of certain animal species as “fully protected” was the State of California’s initial effort in the 1960s, prior to the passage of the California Endangered Species Act (CESA), to identify and provide additional protection to those species that were rare or faced possible extinction. Following CESA enactment in 1970, many fully protected species were also listed as California threatened or endangered. The list of fully protected species are identified, and their protections stipulated, in California Fish and Game Code Sections 3511 (birds), 4700 (mammals), 5050 (reptiles and amphibians), and fish (5515). Fully protected species may not be taken or possessed at any time and no licenses or permits may be issued for their take, except in conjunction with necessary scientific research and protection of livestock.

3.4 MIGRATORY BIRDS
The Federal Migratory Bird Treaty Act (FMBTA: 16 USC 703-712) prohibits killing, possessing, or trading in any bird species covered in one of four international conventions to which the United States is a party, except in accordance with regulations prescribed by the Secretary of the Interior.

The name of the act is misleading, as it actually covers almost all birds native to the United States, even those that are non-migratory. The FMBTA encompasses whole birds, parts of birds, and bird nests and eggs.

Native birds are also protected under California state law. The California Fish and Game Code makes it unlawful to take or possess any non-game bird covered by the FMBTA (Section 3513), as well as any other native non-game bird (Section 3800), even if incidental to lawful activities.

3.5 BIRDS OF PREY
Birds of prey are also protected in California under provisions of the State Fish and Game Code, Section 3503.5, 1992), which states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant 19 thereto.” Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes nest abandonment and/or loss of reproductive effort is considered “taking” by the CDFW.

3.6 NESTING BIRDS
In California, protection is afforded to the nests and eggs of all birds. California Fish and Game Code (Section 3503) states that it is “unlawful to take, possess, or needlessly destroy the nest or eggs of any bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Breeding-season disturbance that causes nest abandonment and/or loss of reproductive effort is considered a form of “take” by the CDFW.

3.7 JURISDICTIONAL WATERS
Section 404 of the federal Clean Water Act (CWA) regulates the discharge of dredged or fill material into “navigable waters” (33 U.S.C. §1344), defined in the CWA as “the waters of the United States, including the territorial seas” (33 U.S.C. §1362(7)). The CWA does not supply a definition for waters of the U.S., and that has been the subject of considerable debate since the CWA’s passage in 1972. A variety of regulatory definitions have been promulgated by the two federal agencies responsible for implementing the CWA, the Environmental Protection Agency (EPA) and USACE. These definitions have been interpreted, and in some cases, invalidated, by federal courts.

Waters of the U.S. are presently defined by the EPA and USACE’s joint 2023 Revised Definition of ‘Waters of the U.S.’ Rule (2023 WOTUS Rule), issued in January 2023 and amended in August 2023. Generally speaking, waters of the U.S. include:
• Waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide
• The territorial seas
• Interstate waters
• Impoundments of waters otherwise defined as waters of the United States 20 • Tributaries to other waters of the U.S. that are relatively permanent, standing or continuously flowing bodies of water
• Wetlands adjacent to other waters of the U.S. that have a continuous surface connection to those waters
The 2023 WOTUS Rule also defines a number of exclusions from the definition of waters of the U.S., many of which are longstanding exclusions from earlier regulatory regimes. These generally include:
• Waste treatment systems
• Prior converted cropland
• Ditches excavated wholly in and draining only dry land that do not carry a relatively permanent flow of water
• Certain artificial features, e.g. irrigation basins, swimming pools, borrow pits, and artificially irrigated areas
• Swales and erosional features characterized by low volume, infrequent, or short duration flow
All activities that involve the discharge of dredge or fill material into waters of the U.S. are subject to the permit requirements of the USACE. Such permits are typically issued on the condition that the applicant agrees to provide mitigation that result in no net loss of wetland functions or values.

Under the Porter-Cologne Water Quality Control Act of 1969, the State Water Resources Control Board (SWRCB) has regulatory authority to protect the water quality of all surface water and groundwater in the State of California (“waters of the State”). Nine RWQCBs oversee water quality at the local and regional level. The RWQCB for a given region regulates discharges of fill or pollutants into waters of the State through the issuance of various permits and orders.

Discharges into waters of the State that are also waters of the U.S. require a Section 401 Water Quality Certification from the RWQCB as a prerequisite to obtaining a Section 404 Clean Water Act permit. Discharges into waters of the State that are not also waters of the U.S. require Waste Discharge Requirements (WDRs), or waivers of WDRs, from the RWQCB.

The SWRCB and RWQCBs also administer the federal National Pollution Discharge Elimination System (NPDES) program, which is concerned with the discharge of stormwater and other 21 pollutants into water bodies. Projects that disturb one or more acres of soil must obtain coverage under the SWRCB’s current NPDES Construction Stormwater General Permit. A prerequisite for permit coverage is the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer. Other types of pollutant discharges into waters of the U.S., such as wastewater, may require coverage under a different NPDES general permit, and in some cases an individual permit.

CDFW has jurisdiction over the bed and bank of natural drainages and lakes according to provisions of Section 1601 and 1602 of the California Fish and Game Code. Activities that may substantially modify such waters through the diversion or obstruction of their natural flow, change or use of any material from their bed or bank, or the deposition of debris require a Notification of Lake or Streambed Alteration. If CDFW determines that the activity may adversely affect fish and wildlife resources, a Lake or Streambed Alteration Agreement will be prepared. Such an agreement typically stipulates that certain measures will be implemented to protect the habitat values of the lake or drainage in question.
22 4.0 IMPACTS AND MITIGATIONS

4.1 POTENTIALLY SIGNIFICANT IMPACTS

4.1.1 Potential Project Impacts to Nesting Birds and Raptors Potential Impacts. As discussed, the project site has the potential to be used for nesting and foraging by a number of native birds and raptors, nearly all of which are protected by the Migratory Bird Treaty Act. Foraging birds and raptors are generally not susceptible to construction-related injury and mortality because they are highly mobile during this activity and can simply avoid active work areas. However, during the breeding season, adult birds have reduced mobility as they attempt to guard their nests, incubate eggs, and care for young, and nestlings may have no mobility at all. Nests may be destroyed by construction equipment, and the birds inside injured or killed.

Noise and other forms of disturbance from nearby construction activities may cause birds to abandon their nests outright or may trigger stress responses that increase metabolic demand (Thomson et al. 1998), decrease parental care (Miller et al. 2009), or promote later nest abandonment (Silverin 1998).

Construction-related injury or mortality of nesting birds or disturbance that leads to nest abandonment would be considered significant impacts of the project under NEPA and may also constitute violations of the MBTA.

Mitigation. The following measures would be implemented for the protection of nesting birds and raptors:

Mitigation Measure 4.1.1a (Construction Timing). If feasible, all construction activities will take place between September 1 and January 31.

Mitigation Measure 4.1.1b (Pre-construction Surveys). If construction activities must be completed during the February 1-August 31 avian nesting season, then within 10 days prior to the start of these activities, a qualified biologist will conduct preconstruction surveys for active bird nests. The survey area will encompass the project site and surrounding lands within 250 feet for nesting migratory birds and 500 feet for raptors.

Mitigation Measure 4.1.1c (Avoidance of Active Nests). Should any active nests be discovered in or near the work area, the biologist will identify a suitable construction-free buffer around the nest. This buffer will be identified on the ground with flagging or fencing 23 and will be maintained until the biologist has determined that the young have fledged and are capable of foraging independently.

Implementation of the above measures will reduce potential project-related impacts to nesting birds and raptors to a less-than-significant level and facilitate compliance with the MBTA.

4.1.2 Potential Project Impacts to Swainson’s Hawks
Potential Impacts. The Swainson’s hawk, a California Threatened species, has the potential to forage within the project site and nest within the vicinity of the project site. If a Swainson’s hawk pair were to be nesting in a nearby tree at the time of construction, they could be at risk of construction-related disturbance leading to nest abandonment or reduced nesting success. Project activities that injure, kill, or reduce nesting success of Swainson’s hawks would violate state and federal laws and be considered a significant impact under NEPA.

Swainson’s hawks would not be vulnerable to construction-related injury or mortality while foraging because they are highly mobile during this activity and are expected to avoid active work areas.

The project site is not expected to significantly impact this species through loss of foraging habitat.

Project-related habitat loss will be small-scale, at only 9 acres, with many more acres of similar or better foraging habitat remaining available within the vicinity of the project site.

Mitigation. The following measures would be implemented for the protection of nesting Swainson’s hawks:

Mitigation Measure 4.1.2a (Construction Timing). If feasible, project construction will occur entirely outside the Swainson’s hawk nesting season, typically defined as March 1- September 15.

Mitigation Measure 4.1.2b (Preconstruction Surveys). If construction activities must occur between March 1 and September 15, then within 10 days prior to the start of work, a qualified biologist will conduct preconstruction surveys from publicly accessible roads for Swainson’s hawk nests within ¼ miles of the APE.

Mitigation Measure 4.1.2c (Avoidance of Active Nests). Should any active nests be discovered within the survey area, an appropriate disturbance-free buffer will be established based on local conditions and agency guidelines. Disturbance free buffers will be identified on the ground with flagging, fencing, or by other easily visible means and 24 will be maintained until a qualified biologist has determined that the young have fledged and are capable of foraging independently.

Implementation of the above measures will reduce potential project impacts to the Swainson’s hawk to a less than significant level and will facilitate compliance with federal and state laws protecting this species.

4.2 LESS THAN SIGNIFICANT IMPACTS

4.2.1 Project Impacts to Special Status Plant Species
Potential Impacts. Seventeen (17) special status plant species have been documented in the general vicinity of the project site (see Table 1). All 17 species are considered absent from or unlikely to occur on the project site due to an absence of suitable habitat and/or soils, the site’s being situated outside of the species’ distribution, or a combination thereof. The project is not expected to adversely affect these species, either directly or indirectly, and impacts are considered less than significant.

Mitigation. No mitigation is warranted.

4.2.2 Project Impacts to Special Status Animal Species Absent from or Unlikely to Occur on Site
Potential Impacts. Nineteen (19) special status animal species have been documented in the general vicinity of the project site, or are known to occur regionally (Table 1). Of these, 13 are considered absent from or unlikely to occur on the site due to the absence of suitable habitat, the site’s urban setting and other landscape factors, and/or the site’s being situated outside of the species’ known distribution. These comprise the vernal pool fairy shrimp (Branchinecta lynchi), Crotch bumblebee (Bombus crotchii), valley elderberry longhorn beetle (Desmocerus californicus dimorphus), California tiger salamander (Ambystoma californiense), foothill yellow-legged frog (Rana boylii), western pond turtle (Actinemys marmorata), western yellow-billed cuckoo (Coccyzus americanus occidentalis), California condor (Gymnogyps californianus), Tipton kangaroo rat (Dipodomys nitratoides nitratoides), San Joaquin kit fox (Vulpes macrotis mutica), western spadefoot (Spea hammondii), northern California legless lizard (Anniella pulchra), and American badger (Taxidea taxus). Because these species have no appreciable potential to occur on 25 site, they are not expected to be affected by the project, directly or indirectly. Project impacts are considered less than significant.

Mitigation. Mitigation measures are not warranted.

4.2.3 Project Impacts to Special Status Animal Species that Would Use the Site for Foraging Only
Potential Impacts. In addition to the Swainson’s hawk, five other special status animal species have the potential to forage on site from time to time, but would not use the site for sensitive activities such as breeding, nesting, or communal roosting. These are the monarch butterfly (Danaus plexippus), tricolored blackbird (Agelaius tricolor), pallid bat (Antrozous pallidus), Townsend’s big-eared bat (Corynorhinus townsendii), and western mastiff bat (Eumops perotis ssp. californicus). The Swainson’s hawk was separately discussed in Section 4.1.2, as there is some potential for it to nest near enough to the site that it would experience construction-related disturbance. It will not be re-addressed in this section.

The monarch, tricolored blackbird, pallid bat, Townsend’s big-eared bat, and western mastiff bat do not have the potential to be substantially disturbed by construction activities at off-site breeding, nesting, or roosting locations. All are highly mobile while foraging and would be expected to simply avoid active work areas. Moreover, as nocturnal foragers, the three bat species would presumably have limited potential to forage on site while construction is actually occurring.

The project would not adversely affect these five species through loss of habitat. The site does not offer unique habitat for any of these species, nor is it likely to represent an important part of any individual home range, given its disturbed nature and urban setting. Similar and higher quality habitats are regionally abundant. For these reasons, impacts to the monarch butterfly, tricolored blackbird, pallid bat, Townsend’s big-eared bat, and western mastiff bat are considered less than significant.

Mitigation. Mitigation is not warranted.
26 4.2.4 Project Impacts to Jurisdictional Waters
Potential Impacts. The project site does not contain or adjoin any aquatic features. No impacts to jurisdictional waters are anticipated.

Mitigation. Mitigation is not warranted.

4.2.5 Project Impacts to Sensitive Natural Communities and Designated Critical Habitat Potential Impacts. Sensitive natural communities and designated critical habitat are absent from the project site and adjacent lands. Project development would have no impact on sensitive natural communities or designated critical habitat.

Mitigation. No mitigation is warranted.

4.2.6 Project Impacts to Wildlife Movement Corridors
Potential Impacts. The project site does not contain or adjoin features likely to function as a wildlife movement corridor. No impacts to such corridors are anticipated.

Mitigation. Mitigation is not warranted.
27 5.0 SECTION 7 EFFECT DETERMINATIONS FOR ESA-LISTED SPECIES As discussed, ESA Section 7 requires that federal agencies consult with the USFWS and/or NMFS whenever an action they will fund, authorize, or carry out may affect ESA-listed species or adversely affect critical habitat. Section 7 consultation for ESA proposed species is required only when a federal action may jeopardize their continued existence.

The following table summarizes effect determinations for ESA listed and proposed species found on the USFWS IPaC list and CNDDB list generated for the project. There will be no effect to any species’ critical habitat, as it is absent from the project vicinity.

Table 2: Section 7 Effect Determinations for ESA-Listed and Proposed Species Species ESA Status Determination Rationale for the Determination Springville clarkia
(Clarkia springvillensis)
Threatened No effect Species is absent (project site outside of elevational distribution, no suitable
habitat)
San Joaquin woollythreads
(Monolopia congdonii)
Endangered No effect Species is absent (no suitable habitat) San Joaquin adobe sunburst
(Pseudobahia peirsonii)
Threatened No effect Species is absent (no suitable habitat/soils) Keck’s checkerbloom
(Sidalcea keckii)
Endangered No effect Species is absent (no suitable habitat/soils) Vernal pool fairy shrimp
(Branchinecta lynchi)
Threatened No effect Species is absent (no suitable habitat) Valley elderberry longhorn
beetle
(Desmocerus californicus
dimorphus)
Threatened No effect Species is absent (project site outside of species’ distribution, no suitable habitat)
California tiger salamander
(Ambystoma californiense)
Threatened No effect Species is absent (landscape-level factors, no suitable breeding habitat in project
vicinity)
Foothill yellow-legged frog -
south Sierra DPS
(Rana boylii)
Proposed
Endangered
No jeopardy Species is absent (no suitable habitat)
Western pond turtle
(Actinemys marmorata)
Proposed
Threatened
No jeopardy Species is absent (no suitable aquatic
habitat in the vicinity)
Yellow-billed Cuckoo
(Coccyzus americanus)
Threatened No effect Species is absent (extirpated from project vicinity and no suitable habitat)
California condor
(Gymnogyps californianus)
Endangered No effect No appreciable potential for species to occur on site (landscape-level factors, no
suitable habitat). The rare transient condor
may fly overhead from time to time, but no
project-related impacts to such individuals
are anticipated.
28 Table 2 (cont’d).

Species ESA Status Determination Rationale for the Determination Tipton kangaroo rat
(Dipodomys nitratoides
Endangered No effect Species absent (landscape-level factors, no suitable habitat)
San Joaquin kit fox
(Vulpes macrotis mutica)
Endangered No effect No appreciable potential for species to occur on site (landscape-level factors, no
known occurrences in vicinity for over 20
years)
29 6.0 LITERATURE REFERENCED OR CITED
Baldwin, B. G., D. H. Goldman, D. J. Keil, R. Patterson, and T. J. Rosatti, Eds. 2012. The Jepson Manual: Vascular Plants of California, 2nd edition. University of California Press, Berkeley, CA.

Calflora. 2023. Calflora: An online database of plant identification and distribution [web application]. Calflora, Berkeley, California. Available: http://www.calflora.org.

California Department of Fish and Wildlife (CDFW). 2019. Evaluation of the Petition from the Xerces Society, Defenders of Wildlife, and the Center for Food Safety to List Four Species of Bumble Bees as Endangered under the California Endangered Species Act.

The Resources Agency, Sacramento, CA.

CDFW. 2023. California Natural Diversity Database. Rarefind 5.0. The Resources Agency, Sacramento, CA.

California Native Plant Society (CNPS), Rare Plant Program. 2023. Rare Plant Inventory (online edition, v9-01 1.5). Available: https://www.rareplants.cnps.org. eBird. 2023. eBird: An online database of bird distribution and abundance [web application]. eBird, Cornell Lab of Ornithology, Ithaca, New York. Available: http://www.ebird.org.

Miller, D.A., C. M. Vleck, C.M., and D. L. Otis. 2009. Individual variation in baseline and stress‐induced corticosterone and prolactin levels predicts parental effort by nesting mourning doves. Hormones and Behavior 56:457– 464.

Nafis, G. 2023. California Herps - A Guide to the Amphibians and Reptiles of California.

Available: http://www.californiaherps.com/.

National Park Service (NPS). 2023. World California Condor Update: 2022 Population Status.

Available at: https://www.nps.gov/articles/000/caco-world-2022.htm.

Natural Resources Conservation Service (NRCS). 2023. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey.

Available online at: https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx.

NRCS. 2011. National Hydric Soils List by State, California. U.S. Department of Agriculture.

Silverin, B. 1998. Behavioural and hormonal responses of the pied flycatcher to environmental stressors. Animal Behaviour 55:1411– 1420.

Swainson’s Hawk Technical Advisory Committee. 2000. Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley. 5 pp.

Thomson, D.L., R. W. Furness, and P. Monaghan. 1998. Field metabolic rates of kittiwakes 30 (Rissa tridactyla) during incubation and chick rearing. Ardea 86:169–175.

U.S. Fish and Wildlife Service (USFWS). 2013. California Condor (Gymnogyps californianus) 5-Year Review: Summary and Evaluation. Sacramento, CA.

USFWS. 2020. California condor GPS data from Hopper Mountain National Wildlife Refuge Complex managed flock, 2016-2020. Dataset provided by Joseph Brandt, Supervisory Wildlife Biologist, Ventura Fish and Wildlife Office.

USFWS. 2023. Information for Planning and Consultation System. Available online at:
https://ipac.ecosphere.fws.gov.

Zeiner, David C., William F. Laudenslayer, Kenneth E. Mayer and Marshal White. Ed. 1988.

California’s wildlife, volume I, amphibians and reptiles, volume II, birds, and volume III, mammals. Department of Fish and Game. Sacramento, CA. (Online:
http://www.dfg.ca.gov/biogeodata/cwhr/cawildlife.aspx). 31 APPENDIX A:

VASCULAR PLANTS OF THE PROJECT SITE
32 APPENDIX A: VASCULAR PLANTS OF THE PROJECT SITE
The plants species listed below were observed within the project site during a survey conducted by LOA on December 21, 2023 The U.S. Fish and Wildlife Service wetland indicator status of each plant has been shown following its common name.

OBL - Obligate
FACW - Facultative Wetland
FAC - Facultative
FACU - Facultative Upland
UPL - Upland
+/- - Higher/lower end of category
NR - No review
NA - No agreement
NI - No investigation
AMARANTHACEAE — Amaranth Family
Amaranthus palmeri Palmer’s amaranth FACU
Amaranthus retroflexus red root amaranth FACU
Salsola tragus Russian thistle FACU
BRASSICACEAE – Mustard Family
Brassica nigra black mustard UPL
ASTERACEAE – Sunflower Family
Helianthus annuus annual sunflower FACU
Lactuca serriola prickly lettuce FACU
Silybum marianum milk thistle UPL
GERANIACEAE - Geranium Family
Erodium cicutarium red-stemmed filaree UPL
MALVACEAE – Mallow Family
Malva parviflora common cheeseweed UPL
POACEAE – Grass Family
Avena sp. wild oats UPL
Cynodon dactylon Bermuda grass FACU
Digitaria sanguinalis Large Crabgrass FACU
Echinochloa crus-galli Barnyard Grass FACW
SOLANACEAE – Nightshade Family
Datura stramonium jimsonweed UPL
33 APPENDIX B:

TERRESTRIAL VERTEBRATES OF THE PROJECT SITE
34 APPENDIX B: TERRESTRIAL VERTEBRATE SPECIES THAT POTENTIALLY

OCCUR WITHIN THE PROJECT SITE
The species listed below are those that may reasonably be expected to use the habitats of the project site routinely or from time to time. The list was not intended to include birds that are vagrants or occasional transients. Terrestrial vertebrate species observed in or adjacent to the project site during the December 21, 2023 surveys have been noted with an asterisk.

CLASS: REPTILIA (Reptiles)
ORDER: SQUAMATA (Lizards and Snakes)
SUBORDER: SAURIA (Lizards)
FAMILY: PHRYNOSOMATIDAE
Side-blotched Lizard (Uta stansburiana)
SUBORDER: SERPENTES (Snakes)
FAMILY: COLUBRIDAE (Colubrids)
Gopher Snake (Pituophis melanoleucus)
Common Kingsnake (Lampropeltis getulus)
FAMILY: VIPERIDAE (Vipers)
Western Rattlesnake (Crotalus viridis)
CLASS: AVES (Birds)
ORDER: CICONIIFORMES (Herons, Storks, Ibises and Relatives) FAMILY: CATHARTIDAE (American Vultures)
Turkey Vulture (Cathartes aura)
ORDER: FALCONIFORMES (Vultures, Hawks, and Falcons)
FAMILY: ACCIPITRIDAE (Hawks, Old World Vultures, and Harriers) Red-tailed Hawk (Buteo jamaicensis)
Swainson’s Hawk (Buteo swainsoni)
FAMILY: FALCONIDAE (Caracaras and Falcons)
American Kestrel (Falco sparverius)
ORDER: CHARADRIIFORMES (Shorebirds, Gulls, and relatives) FAMILY: CHARADRIIDAE (Plovers and relatives)
Killdeer (Charadrius vociferus)
ORDER: COLUMBIFORMES (Pigeons and Doves)
FAMILY: COLUMBIDAE (Pigeons and Doves)
Rock Dove (Columba livia)
Eurasian Collared Dove (Streptopelia decaocto)
*Mourning Dove (Zenaida macroura)
ORDER: STRIGIFORMES (Owls)
FAMILY: TYTONIDAE (Barn Owls)
Barn Owl (Tyto alba)
FAMILY: STRIGIDAE (Typical Owls)
Great Horned Owl (Bubo virginianus)
ORDER: APODIFORMES (Swifts and Hummingbirds)
FAMILY: TROCHILIDAE (Hummingbirds)
Anna’s Hummingbird (Calypte anna)
35 Rufous Hummingbird (Selasphorus rufus)
Black-chinned Hummingbird (Archilochus alexandri)
ORDER: PICIFORMES (Woodpeckers and relatives)
FAMILY: PICIDAE (Woodpecker and Wrynecks)
Northern Flicker (Colaptes chrysoides)
ORDER: PASSERIFORMES (Perching Birds)
FAMILY: TYRANNIDAE (Tyrant Flycatchers)
Black Phoebe (Sayornis nigricans)
Say's Phoebe (Sayornis saya)
Western Kingbird (Tyrannus verticalis)
FAMILY: CORVIDAE (Jays, Magpies, and Crows)
*California Scrub Jay (Aphelocoma californica)
*American Crow (Corvus brachyrhynchos)
Common Raven (Corvus corax)
FAMILY: ALAUDIDAE (Larks)
Horned Lark (Eremophila alpestris)
FAMILY: HIRUNDINIDAE (Swallows)
Cliff Swallow (Hirundo pyrrhonota)
Barn Swallow (Hirundo rustica)
FAMILY: PARIDAE (Titmice and Relatives)
Oak Titmouse (Baeolophus inornatus)
FAMILY: AEGITHALIDAE (Bushtit)
Bushtit (Psaltriparus minimus)
FAMILY: TROGLODYTIDAE (Wrens)
House Wren (Troglodytes aedon)
Bewick's Wren (Thryomanes bewickii)
FAMILY: TURDIDAE (Thrushes)
Western Bluebird (Sialia mexicana)
American Robin (Turdus migratorius)
FAMILY: MIMIDAE (Mockingbirds and Thrashers)
Northern Mockingbird (Mimus polyglottos)
FAMILY: STURNIDAE (Starlings)
European Starling (Sturnus vulgaris)
FAMILY: MOTACILLIDAE (Wagtails and Pipits)
*American Pipit (Anthus rubescens)
FAMILY: PTILOGONATIDAE (Silky Flycatchers)
Phainopepla (Phainopepla nitens)
FAMILY: PARULIDAE (Wood Warblers and Relatives)
Orange-Crowned Warbler (Vermivora celata)
*Yellow-Rumped Warbler (Dendroica coronata)
FAMILY: EMBERIZIDAE (Emberizines)
Savannah Sparrow (Passerculus sandwichensis)
White-crowned Sparrow(Zonotrichia leucophrys)
FAMILY: ICTERIDAE (Blackbirds, Orioles and Allies)
Western Meadowlark (Sturnella neglecta)
Great-tailed Grackle (Quiscalus mexicanus)
36 Brewer's Blackbird (Euphagus cyanocephalus)
Brown-headed Cowbird (Molothrus ater)
Bullock's Oriole (Icterus bullockii)
FAMILY: FRINGILLIDAE (Finches)
House Finch (Carpodacus mexicanus)
Lesser Goldfinch (Carduelis psaltria)
American Goldfinch (Spinus tristis)
FAMILY: PASSERIDAE (Old World Sparrows)
House Sparrow (Passer domesticus)

CLASS: MAMMALIA (Mammals)
ORDER: DIDELPHIMORPHIA (Marsupials)
FAMILY: DIDELPHIDAE (Opossums)
Virginia Opossum (Didelphis virginiana)
ORDER: CHIROPTERA (Bats)
FAMILY: VESPERTILIONIDAE (Vespertilionid Bats)
Pallid Bat (Antrozous pallidus)
Pale Big-eared Bat (Corynorhinus townsendii pallescens) Big Brown Bat (Eptesicus fuscus)
Yuma Myotis (Myotis yumanensis)
California Myotis (Myotis californicus)
Western Pipistrelle (Pipistrellus hesperus)
FAMILY: MOLOSSIDAE (Free-tailed Bat)
Western Mastiff Bat (Eumops perotis californicus)
Brazilian Free-tailed Bat (Tadarida brasiliensis)
ORDER: LAGOMORPHA (Rabbits, Hares, and Pikas)
FAMILY: LEPORIDAE (Rabbits and Hares)
Audubon Cottontail Rabbit (Sylvilagus audubonii)
ORDER: RODENTIA (Rodents)
FAMILY: SCIURIDAE (Squirrels, Chipmunks, and Marmots)
*California Ground Squirrel (Otospermophilus beecheyi)
FAMILY: GEOMYIDAE (Pocket Gophers)
*Botta’s Pocket Gopher (Thomomys bottae)
FAMILY: MURIDAE (Old World Rats and Mice)
Deer Mouse (Peromyscus maniculatus)
Norway Rat (Rattus norvegicus)
House Mouse (Mus musculus)
California Vole (Microtus californicus)
ORDER: CARNIVORA (Carnivores)
FAMILY: CANIDAE (Foxes, Wolves, and relatives)
Coyote (Canis latrans)
Domestic Dog (Canis lupus familiaris)
Red Fox (Vulpes vulpes)
FAMILY: PROCYONIDAE (Raccoons and relatives)
Raccoon (Procyon lotor)
FAMILY: MEPHITIDAE (Skunks)
37 Striped Skunk (Mephitis mephitis)
FAMILY: FELIDAE (Cats)
Feral Cat (Felis domesticus)
38 APPENDIX C:

SELECTED PHOTOGRAPHS OF THE PROJECT SITE
39 Photo 1 (above). Ruderal field of the project site, facing south along site’s eastern boundary.

Photo 2 (below). Ruderal field of the project site, facing west along the site’s northern boundary. 40 Photos 3 (above). Ruderal field of the project site, facing south along the site’s western boundary.

Photo 4 (below). Ruderal field of the project site, facing east along the site’s western boundary. 41 Photos 5 (above). Example of California ground squirrel burrows on site.

Photo 6 (below). Example of debris on site.
42 APPENDIX D:

U.S. FISH AND WILDLIFE SERVICE SPECIES LIST
December 21, 2023
United States Department of the Interior

FISH AND WILDLIFE SERVICE
Sacramento Fish And Wildlife Office
Federal Building
2800 Cottage Way, Room W-2605
Sacramento, CA 95825-1846
Phone: (916) 414-6600 Fax: (916) 414-6713
In Reply Refer To:

Project Code: 2024-0029221
Project Name: Hidden Oak Subdivision
Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project
To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed, and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through IPaC by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) 12/21/2023   2
(c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws.gov/sites/default/files/documents/ endangered-species-consultation-handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see Migratory Bird Permit | What We Do | U.S. Fish & Wildlife Service (fws.gov).

The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.

In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservationmigratory-birds.