City of Lindsay Page 1
LINDSAY CITY COUNCIL
REGULAR MEETING AGENDA
October 8, 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, October 8, 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. INVOCATION
3. PLEDGE OF ALLEGIANCE – The pledge of allegiance to be led by Mayor Pro Tem Flores
4. ROLL CALL
5. APPROVAL OF AGENDA
6. PUBLIC COMMENT – The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via email. Public comments received via email will be distributed to the Council prior to the start of the meeting and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time.
7. COUNCIL REPORT
8. STAFF UPDATES – City Services, Finance, Human Resources, Public Safety, Recreation Services
9. CITY MANAGER REPORT
Mayor
Ramiro Serna
Mayor Pro Tem
Yolanda Flores
Councilmembers
Hipolito Angel Cerros
Rosaena Sanchez
Misty Villarreal
City of Lindsay Page 2
10. 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.
10.1 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
10.2 Minutes of the Regular and/or Special Meeting of September 24, 2024.
Action & Recommendation: Approve as submitted.
Submitted by: Maegan Peton, City Clerk
10.3 Warrant List for September 16, 2024 Through October 29, 2024.
Action & Recommendation: Accept the Warrant List for transactions dated September 16, through September 29, 2024.
Submitted by: Lacy Meneses, Director of Finance
10.4 September 2024 Monthly Treasurer’s Report.
Action & Recommendation: Accept the September 2024 Monthly Treasurer's Report.
Submitted by: Lacy Meneses, Director of Finance
10.5 Second Reading of Ordinance No. 614 Approving zone Change No. 24-01.
Action & Recommendation: Approve the second reading of Ordinance No. 614, an Ordinance of the City Council of the City of Lindsay
approving Zone Change No. 24-01 amending the Zoning Designation from R-1-7 to R-1-5 for a 9.10-acre project site located north of Tulare Road on the west side of Oak Avenue (APN 199-050-055), and the Lindsay Zoning Map as adopted by Ordinance 437 of the City of Lindsay; and authorization to waive full reading of said ordinance and authorize reading by title only.
Submitted by: Kira Stowell, Contract City Planner
11. ACTION ITEMS
11.1 Lindsay Rib Cook-off Special Event Permit and Fee Waiver.
Action & Recommendation: Approve Special Event Permit No. 24-08 for the 14th Annual Lindsay Rib Cook-Off Event in downtown Lindsay scheduled for November 2, 2024; and approve Fee Waiver for the event, contingent upon the City receiving all necessary documentation for the permit.
Submitted by: Ryan Heinks, Acting Director of City Services
11.2 League of Cities Annual Conference Proposed Resolution(s).
Action & Recommendation: Review the Resolution(s) being proposed for the 2024 League of Cities Annual Conference General Assembly and determine a City position for the Voting Delegate as they represent the City.
Submitted by: Maegan Peton, City Clerk and Assistant to the City Manager
11.3 Agreement with VL Friday Night Market for Services Related to the Friday Night Market.
Action & Recommendation: Authorize an agreement with VL Friday Night Market and grant the City Manager authorization to execute documents relating thereto.
Submitted by: Daymon Qualls, City Manager
City of Lindsay Page 3
11.4 Lindsay Economic Development Committee Member Selection.
Action & Recommendation: Select up to five (5) members from the applications provided to serve as the Committee Members for the Lindsay Economic Development Committee; and select two (2) Council members and three (3) City staff to serve as the remaining members
Submitted by: Maegan Peton, City Clerk and Assistant to the City Manager
11.5 Operations and Maintenance Agreement with Porterville Citrus, Inc.
Action & Recommendation: Approve Resolution 24-36, authorizing the City Manager to execute an Operations and Maintenance Agreement for a conveyor bridge owned and operated by Porterville Citrus, Inc once all requirements are met.
Submitted by: Kira Stowell, Contract City Planner
11.6 Work Authorization for QK, Inc for Construction Staking 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 $66,700 for Construction Staking Services for the Olive Bowl and Kaku Park Renovation Project.
Submitted by: Mauricio Mendoza, Engineer Technician
12. DISCUSSION ITEMS
12.1 Opportunities for Developing City-Owned Vacant Properties.
Action & Recommendation: Review a presentation on select City-owned vacant properties, discuss and evaluate potential development opportunities for each site, and provide guidance to staff.
Submitted by: Daymon Qualls, City Manager
13. REQUEST FOR FUTURE ITEMS
14. 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 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, October 3, 2024
Maegan Peton, City Clerk
LINDSAY CITY COUNCIL
REGULAR MEETING MINUTES
Lindsay Council Chambers Tuesday, September 24, 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, City Clerk Maegan Peton, Director of Public Safety Rob Moore, Director of Recreation Services Armando da Silva, Acting Human Resources Manager Lance Rowell, Director of Finance Lacy Meneses, Administrative Supervisor Vanessa Duran, Lieutenant Ryan Heinks, Acting Director of City Services Joseph Avina, Administrative Supervisor Marshall Chairez
6:00 p.m. – REGULAR MEETING
1. CALL TO ORDER
Mayor Serna called to order the regular meeting of the Lindsay City Council at 5:59 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 (left at 7:23 pm)
Councilmember Roseana Sanchez
Councilmember Misty Villarreal
3. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was led by Councilmember Sanchez and the invocation was provided by Pastor Jim Wolstenholm of the Lindsay Church of the Nazarene. The Pledge of Allegiance and Invocation were provided after item 1, Call to Order.
4. APPROVAL OF AGENDA
It was motioned by Councilmember Cerros, seconded by Councilmember Sanchez, and unanimously carried to approve the agenda.
5. PUBLIC COMMENT
Mercy Herrera provided comment pertaining to the Veritas Art Center and extended an invite to Council.
Virginia Loya provided comment pertaining to the Baked Potato Fundraiser.
6. COUNCIL REPORT
Mayor Serna reported that he attended the Olive Bowl Groundbreaking, TCAG, TCRTA, the Candidate Forum, the City Town Hall Meeting, and Badge Pinning Ceremony for Rob Moore, and the Marquee lighting for the Lindsay Community Theater.
Councilmember Villarreal reported on the Varela Boxing and advised the local Miguel Padraza will be competing in Nationals. She also reported that she attended TCAG, the Candidate Forum, the City Town Hall Meeting, Badge Pinning Ceremony for Rob Moore, the Olive Bowl Groundbreaking and invited the community to the Volleyball game for Alt Ed at JJ Cairns.
Mayor Pro Tem Flores reported that she attended the Olive Bowl Groundbreaking Ceremony.
Councilmember Cerros thanked Mayor Serna for attending the Tulare County Fair Luncheon. He reported that he attended the Badge Pinning Ceremony for Rob Moore, the Olive Bowl Groundbreaking, and the City Town Hall Meeting.
Councilmember Sanchez reported that she attended the City Town Hall Meeting.
7. STAFF UPDATES
City staff provided updates for Council Review.
8. CITY MANAGER REPORT
The City Manager reported on recent events and items of interest.
9. RECOGNITION
9.1 Resolution of Commendation for Administrative Supervisor Vanessa Duran Mayor Serna presented a Resolution of Commendation to Administrative Supervisor Vanessa Duran for her time spent as Acting Human Resources Manager.
9.2 Resolution of Commendation for Lieutenant Ryan Heinks Mayor Serna presented a Resolution of Commendation to Lieutenant Ryan Heinks for his time spent as Acting Director of Public Safety.
10. PRESENTATIONS
10.1 City Assistance Program
Action & Recommendation: This is a presentation item. No action is needed.
Director of Recreation Services Armando da Silva provided a presentation for Council Review.
11. 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.
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 be waived.
11.2 Minutes of the regular and/or special Meeting of September 10, 2024.
Action & Recommendation: Approve as submitted.
Submitted by: Maegan Peton, City Clerk
11.3 Warrant List for September 2, 2024 Through September 15, 2024.
Action & Recommendation: Accept the Warrant List for transaction dates of September 2, 2024 through September 15, 2024.
Submitted by: Lacy Meneses, Director of Finance
12. ACTION ITEMS
12.1 TCAG Presentation – Letter of Support for the Cross Valley Express.
Action & Recommendation: Receive a presentation from the Tulare County Association of Governments (TCAG) on the Cross Valley Express; and direct the City Manager to submit a letter of support for the Kings-Tulare County Cross Valley Corridor Phased Service and Operations Plan, referred to as the “Cross Valley Express.”
Submitted by: Daymon Qualls, City Manager and Derek Winning from TCAG.
Public Comment: Mercy Herrera provided public comment in support of this item.
Council Action: It was motioned by Councilmember Cerros, seconded by Mayor Serna, and unanimously carried to approve the item as presented.
12.2 Construction Management Services Contract for the Olive Bowl and Kaku Renovation Project.
Action & Recommendation: Award and authorize the Mayor to sign a contract with 4CREEKS of Visalia, Ca in the amount of $579,170.70 for Construction Management Services for the Olive Bowl and Kaku Renovation Project.
Submitted by: Mauricio Mendoza, Engineer Technician
Public Comment: There were no public comments.
Council Action: It was motioned by Mayor Pro Tem Flores, seconded by Councilmember Sanchez, and carried 4 to 1 (Councilmember Cerros abstained) to approve the contract for Construction Management Services with 4CREEKS.
12.3 Agreement with VL Friday Night Market for Services Related to the Friday Night Market.
Action & Recommendation: Authorize an agreement with VL Friday Night Market and grant the City Manager authorization to execute documents relating thereto.
Submitted by: Daymon Qualls, City Manager
Public Comment: Mercy Herrera provided public comment in support of the VL Friday Night Market.
Council Action: It was motioned by Councilmember Villarreal, seconded by Mayor Serna, and unanimously carried table this item to a future meeting to provide Council with more time to review the attached contract.
A short recess was taken from 7:18 p.m. to 7:23 p.m.
12.4 Resolution No. 24-35 Memorializing the Receipt of SQM Settlement Funds and Restricting the use of Said Funds.
Action & Recommendation: Adopt Resolution No. 24-35 memorializing the receipt of $6,550,533.74 in settlement funds from SQM North America Corporation into the water enterprise account and designate these funds to be used exclusively for the design, installation, and ongoing maintenance and operation of a two-stage ion exchange treatment system for Well 11; and prohibit the use or transfer of these funds for any purpose other than the rehabilitation of Well 11 and improvement to the City’s water system.
Submitted by: Daymon Qualls, City Manager
Public Comment: There were no public comments.
Council Action: It was motioned by Mayor Pro Tem Flores, seconded by Councilmember Sanchez, and carried 4 to 0 (Councilmember Cerros absent) to approve the item as presented.
13. DISCUSSION ITEMS
13.1 Opportunities for Developing City-Owned Vacant Properties.
Action & Recommendation: Review a presentation on select City-owned vacant properties, discuss and evaluate potential development opportunities for each site, and provide guidance to staff based on their findings.
Submitted by: Daymon Qualls, City Manager
Public Comment: There were no public comments.
Council Action: This item was taken out of order after item 12.3. It was motioned by Councilmember Cerros, seconded by Mayor Pro Tem Flores, and unanimously carried to table this item until a future meeting so all Council will be present.
14. EXECUTIVE (CLOSED) SESSION
Council adjourned to closed session at 7:31 p.m.
14.1 Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation
Pursuant to § 54956.9(b): 1 Case
Council adjourned form closed session at 7:39 p.m.
EXECUTIVE CLOSED SESSION REPORT
Mayor Serna advised there was no reportable action.
15. REQUEST FOR FUTURE ITEMS
Mayor Pro Tem Flores requested staff to look into potential rezoning for 396 Oxford, Lindsay CA 93247 at the request of the resident at that address. Council provided consensus.
16. ADJOURNMENT
The regular meeting was adjourned at 7:43 p.m.
Approved by Council: October 8, 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 October 8, 2024.
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: October 8, 2024
DEPARTMENT: Finance
FROM: Lacy Meneses, Director of Finance
AGENDA TITLE: Warrant List for September 16, Through September 29, 2024
ACTION & RECOMMENDATION
Accept the Warrant List for transactions dated September 16, through September 29, 2024.
BACKGROUND | ANALYSIS
The warrant list for September 16, through September 29, 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 #: 10.3
Consent
CITY OF LINDSAY | WARRANT LIST
TRANSACTION DATES: THROUGH 9/29/24
Check# Fund Date Vendor # Vendor Name Description Amount 26689 $649.29
101 - GENERAL FUND 09/17/24 2873 ADVANTAGE ANSWERING 9/1/24-9/30/24 129.86 101 - GENERAL FUND 09/17/24 2873 ADVANTAGE ANSWERING 9/1/24-9/30/24 129.86 552 - WATER 09/17/24 2873 ADVANTAGE ANSWERING 9/1/24-9/30/24 129.86 553 - SEWER 09/17/24 2873 ADVANTAGE ANSWERING 9/1/24-9/30/24 129.86 554 - REFUSE 09/17/24 2873 ADVANTAGE ANSWERING 9/1/24-9/30/24 129.85 26690 $15.00
101 - GENERAL FUND 09/17/24 6362 AMERICAN BUSINESS M PS-TONER 15 26691 $1,002.88
101 - GENERAL FUND 09/17/24 6600 AMERICAN HERITAGE L ACCIDENT PLAN 1002.88 26692 $1,339.00
400 - WELLNESS CENTER 09/17/24 3898 AMERICAN INCORPORAT WC-HVAC QTRLY MAINT 1339 26693 $100.00
400 - WELLNESS CENTER 09/17/24 6950 ANA CARRETERO AUG. ZUMBA CLASSES 100 26694 $160.00
400 - WELLNESS CENTER 09/17/24 4393 ANITA GUSTUSON REFUND 8MONTHS MBRS 160 26695 $250.00
400 - WELLNESS CENTER 09/17/24 5819 ANITA GUTIERREZ AUG ZUMBA CLASSES 250 26696 $362.16
101 - GENERAL FUND 09/17/24 3428 AT&T MOBILITY CM-287297286867 SEP 80.48 101 - GENERAL FUND 09/17/24 3428 AT&T MOBILITY FD-287297286867 SEP 40.24 101 - GENERAL FUND 09/17/24 3428 AT&T MOBILITY PS-287297286867 SEP 80.48 101 - GENERAL FUND 09/17/24 3428 AT&T MOBILITY CS-287297286867 SEP 120.72 400 - WELLNESS CENTER 09/17/24 3428 AT&T MOBILITY WC-287297286867 SEP 40.24 26697 $258.69
101 - GENERAL FUND 09/17/24 5457 AUTO ZONE COMMERCIA BATTERY 110.74 101 - GENERAL FUND 09/17/24 5457 AUTO ZONE COMMERCIA NON-AUTOMOTIVE OIL 6.45 101 - GENERAL FUND 09/17/24 5457 AUTO ZONE COMMERCIA TURTLE WAX CAR WASH 31.09 101 - GENERAL FUND 09/17/24 5457 AUTO ZONE COMMERCIA WIPER BLADES 83.16 101 - GENERAL FUND 09/17/24 5457 AUTO ZONE COMMERCIA WP ROCKER,TERM QD 27.25 26698 $570.00
552 - WATER 09/17/24 7111 BELMAN BROS TIRES TRUCK#26-NEW TIRES 114 553 - SEWER 09/17/24 7111 BELMAN BROS TIRES TRUCK#26-NEW TIRES 456 26699 $7,117.82
552 - WATER 09/17/24 051 BSK CRYPTO & GIARDIA TE 2020
552 - WATER 09/17/24 051 BSK DRINKING WATER-BACT 3793.75 553 - SEWER 09/17/24 051 BSK WASTE WATER MONTHLY 804.69 556 - VITA-PAKT 09/17/24 051 BSK VITA-PAKT WASTE WAT 499.38 26700 $1,770.72
101 - GENERAL FUND 09/17/24 6351 CANON FINANCIAL SER HR-2UL13500 AUG 202 270 101 - GENERAL FUND 09/17/24 6351 CANON FINANCIAL SER CM-2UL13336 AUG 202 270 101 - GENERAL FUND 09/17/24 6351 CANON FINANCIAL SER FD-2XK04886 AUG 202 270 101 - GENERAL FUND 09/17/24 6351 CANON FINANCIAL SER CS-2YJ16699 AUG 202 270 101 - GENERAL FUND 09/17/24 6351 CANON FINANCIAL SER PS-2XK04493 AUG 202 270 101 - GENERAL FUND 09/17/24 6351 CANON FINANCIAL SER PS-4QV00754 AUG 202 270 400 - WELLNESS CENTER 09/17/24 6351 CANON FINANCIAL SER WC-#2UL13180 SEPT. 150.72 26701 $5,050.00
261 - GAS TAX FUND 09/17/24 1702 SCA OF CA, LLC AUG AIR SWEEPING 5050 26702 $166.00
400 - WELLNESS CENTER 09/17/24 5832 CINTAS CORPORATION SIG DUALTP RFL PAPE 166 26703 $134.00
101 - GENERAL FUND 09/17/24 279 CITY OF PORTERVILLE ANIMAL SERVICES 134 26704 $5,054.00
400 - WELLNESS CENTER 09/17/24 6090 CLEAN CUT LANDSCAPE WC-AUG LANDSCAPE SV 1779 883 - SIERRA VIEW ASSESSMENT 09/17/24 6090 CLEAN CUT LANDSCAPE AUG-SIERRA VIEW EST 1298 884 - HERITAGE ASSESSMENT DIST 09/17/24 6090 CLEAN CUT LANDSCAPE AUG-HERITAGE PARK L 315 886 - SAMOA 09/17/24 6090 CLEAN CUT LANDSCAPE AUG-SAMOA TOWNHOMES 154 887 - SWEETBRIER TOWNHOUSES 09/17/24 6090 CLEAN CUT LANDSCAPE SWEETBRIER/HERMOSA 546 888 - PARKSIDE 09/17/24 6090 CLEAN CUT LANDSCAPE AUG-PARKSIDE LDSCP 225 889 - SIERRA VISTA ASSESSMENT 09/17/24 6090 CLEAN CUT LANDSCAPE AUG-SIERRA VISTA ES 97 890 - MAPLE VALLEY ASSESSMENT 09/17/24 6090 CLEAN CUT LANDSCAPE AUG-MAPLE VALLEY LD 55 891 - PELOUS RANCH 09/17/24 6090 CLEAN CUT LANDSCAPE AUG-PELOUS RANCH LS 585 26705 $4,791.62
101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1226638-FUEL FI 791.71 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1361755-LUBE,OI 123.75 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1361776-TIRE 322.1 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1361778-LUBE,BR 510.26 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1361786-LUBE,FI 238.74 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1361787-TIRE,LU 498.57 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1361787-VALVE S 24.53 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1389807-TIRE 289.75 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1405530-LIGHT B 120 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1405531-OIL CHA 632.67 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1405532-TIRE 268 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1606856-TIRES 591.73 101 - GENERAL FUND 09/17/24 6672 COLBY'S TIRE,TOWING LIC#1609051-BATTERY 379.81 9/16/24
26706 $116.62
101 - GENERAL FUND 09/17/24 4717 COUNTY OF TULARE / JULY PRINTING SVCS 116.62 26707 $129.07
552 - WATER 09/17/24 2258 CROUZET IRRIGATION ROUND&TRENCH SHOVEL 64.54 553 - SEWER 09/17/24 2258 CROUZET IRRIGATION ROUND&TRENCH SHOVEL 64.53 26708 $372.60
101 - GENERAL FUND 09/17/24 102 CULLIGAN HR-251 E HONOLULU 12 101 - GENERAL FUND 09/17/24 102 CULLIGAN CC&CM-251 E HONOLUL 66 101 - GENERAL FUND 09/17/24 102 CULLIGAN FD-251 E HONOLULU 80.6 101 - GENERAL FUND 09/17/24 102 CULLIGAN PS-185 N GALE HILLE 141 101 - GENERAL FUND 09/17/24 102 CULLIGAN 150 N MIRAGE 10.5 400 - WELLNESS CENTER 09/17/24 102 CULLIGAN 860 N SEQUOIA 15.75 553 - SEWER 09/17/24 102 CULLIGAN 23611 RD 196 46.75
26709 $846.00
101 - GENERAL FUND 09/17/24 316 DEPT OF JUSTICE JULY FINGERPRINTS 130 101 - GENERAL FUND 09/17/24 316 DEPT OF JUSTICE JULY FINGERPRINTS 716 26710 $103.86
781 - CAL HOME RLF 09/17/24 2540 DEPT.OF HOUSING & C CALHOME8/15/24 TO H 103.86 26711 $1,103.92
781 - CAL HOME RLF 09/17/24 2540 DEPT.OF HOUSING & C CALHOME8/31/24 TO H 1103.92 26712 $1,099.40
700 - CDBG REVOLVING LN FUND 09/17/24 2540 DEPT.OF HOUSING & C CDBG 8/15/24 TO HCD 1099.4 26713 $1,526.19
700 - CDBG REVOLVING LN FUND 09/17/24 2540 DEPT.OF HOUSING & C CDBG 8/31/24 TO HCD 1526.19 26714 $6,114.07
720 - HOME REVOLVING LN FUND 09/17/24 2540 DEPT.OF HOUSING & C HOME 8/15/24 TO HCD 6114.07 26715 $10,959.13
720 - HOME REVOLVING LN FUND 09/17/24 2540 DEPT.OF HOUSING & C HOME 8/31/24 TO HCD 10959.13 26716 $950.00
400 - WELLNESS CENTER 09/17/24 6973 ELIZABETH GUND AUG YOGA,STRENGTH&B 950 26717 $100.00
101 - GENERAL FUND 09/17/24 7274 ESQUIVEL TATIANA REFUND ARBOR DEPOSI 100 26718 $1,936.00
779 - 00-HOME-0487 09/17/24 6084 FARMERS INSURANCE E D143272957-163 W SA 1936 26719 $2,140.10
400 - WELLNESS CENTER 09/17/24 4807 FITGUARD INC. WC-ELLIPTICA&EQUIP 2140.1 26720 $67.63
101 - GENERAL FUND 09/17/24 1450 FRESNO OXYGEN & WEL D,E,SML,MED CYLINDE 67.63 26721 $2,370.00
552 - WATER 09/17/24 137 FRIANT WATER AUTHOR FKC ROUTINE OM&R CO 2370 26722 $231.54
101 - GENERAL FUND 09/17/24 148 GOMEZ AUTO & SMOG LIC#1361776-LUBE,OI 98.99 101 - GENERAL FUND 09/17/24 148 GOMEZ AUTO & SMOG LIC#1361761-LUBE, O 95.55 552 - WATER 09/17/24 148 GOMEZ AUTO & SMOG LIC#1400809-LUBE,OI 37 26723 $113.23
101 - GENERAL FUND 09/17/24 151 GRAINGER INC SOAP DISHES 113.23 26724 $252.87
400 - WELLNESS CENTER 09/17/24 197 JORGENSEN COMPANY I ANSUL KIT SYS S/A S 252.87 26725 $8,003.00
101 - GENERAL FUND 09/17/24 4076 LIEBERT CASSIDY WHI ERC MBRSHP FY24/25 2600 101 - GENERAL FUND 09/17/24 4076 LIEBERT CASSIDY WHI MATTER:LI012-00001A 3211.5 101 - GENERAL FUND 09/17/24 4076 LIEBERT CASSIDY WHI MATTER:LI012-00010A 405 101 - GENERAL FUND 09/17/24 4076 LIEBERT CASSIDY WHI MATTER:LI012-00011A 1786.5 26726 $1,157.00
400 - WELLNESS CENTER 09/17/24 5788 LINCOLN AQUATICS SANI-CHLOR,BOTTLE D 1157 26727 $1,325.69
101 - GENERAL FUND 09/17/24 4067 LINCOLN NAT'L INSUR BL875164-SEPT LIFE 1325.69 26728 $501.00
101 - GENERAL FUND 09/17/24 5424 LINDSAY VETERINARY 8/21/24 ANIMAL SVCS 48 101 - GENERAL FUND 09/17/24 5424 LINDSAY VETERINARY 8/28/24 ANIMAL SVCS 40 101 - GENERAL FUND 09/17/24 5424 LINDSAY VETERINARY 8/29/24 ANIMAL SVCS 70 101 - GENERAL FUND 09/17/24 5424 LINDSAY VETERINARY 8/6/24 ANIMAL SERVI 115 101 - GENERAL FUND 09/17/24 5424 LINDSAY VETERINARY 9/9/24 ANIMAL SVCS 25 101 - GENERAL FUND 09/17/24 5424 LINDSAY VETERINARY AUG 2024 ANIMAL SVC 203 26729 $1,800.00
400 - WELLNESS CENTER 09/17/24 6260 LLEON SERVICES WC-POOL CHEM. BALAN 1800 26730 $225.00
400 - WELLNESS CENTER 09/17/24 6599 MARIA EDWARDS AUG. ZUMBA CLASSES 225 26731 $108.00
101 - GENERAL FUND 09/17/24 6111 MARSHALL CHAIREZ MEAL STIPEND-LDCSP 108 26732 $9,596.67
554 - REFUSE 09/17/24 5852 MID VALLEY DISPOSAL PROPERTY TAX FY23 9596.67 26733 $1,530.30
554 - REFUSE 09/17/24 5852 MID VALLEY DISPOSAL PROPERTY TAX FY21&2 1530.3 26734 $767.50
400 - WELLNESS CENTER 09/17/24 4323 OASIS WC-WIRE PULL GATE V 767.5 26735 $270.47
101 - GENERAL FUND 09/17/24 7242 ODP BUSINESS SOLUTI BINDERS 35.2 101 - GENERAL FUND 09/17/24 7242 ODP BUSINESS SOLUTI DUSTER, COPY PAPER 235.27 26736 $13.95
101 - GENERAL FUND 09/17/24 1565 OACYS.COM INC DOMAIN PARKING & DN 13.95 26737 $2,010.67
552 - WATER 09/17/24 6673 PACE SUPPLY CORP PVC PIPES,COUPLINGS 2010.67 26738 $166.34
600 - CAPITAL IMPROVEMENT 09/17/24 276 PORTERVILLE RECORDE RFQ-OLIVE BOWL/KAKU 166.34 26739 $15,027.86
101 - GENERAL FUND 09/17/24 3036 PRO FORCE LAW ENFOR PS-BVP VEST GRANT 8013.86 101 - GENERAL FUND 09/17/24 3036 PRO FORCE LAW ENFOR PS-BVP VEST GRANT 7014 26740 $436.01
101 - GENERAL FUND 09/17/24 285 QUILL CORPORATION TONER,CARTIDGE,PAPE 436.01 26741 $0.00
552 - WATER 09/17/24 6095 RALPH GUTIERREZ WAT AUG CPO WATER TREAT 0 553 - SEWER 09/17/24 6095 RALPH GUTIERREZ WAT AUG CPO SEWER TREAT 0 26742 $108.00
101 - GENERAL FUND 09/17/24 5843 REYNALDO CEBALLOS MEAL STIPEND-LDSCP 108 26743 $591.20
552 - WATER 09/17/24 7197 ROCHE OIL INC GUARDSMAN FG 32 DEE 591.2 26744 $225.00
400 - WELLNESS CENTER 09/17/24 3208 SHANNON PATTERSON AUG CHAIR,S&B CLASS 225 26745 $1,340.46
553 - SEWER 09/17/24 307 SILVAS OIL COMPANY WWTP-MOBILGEARS 1340.46 26746 $140.07
101 - GENERAL FUND 09/17/24 4488 SIRCHIE ACQUISITION TEST 15-METHAMPHETA 140.07 26747 $35.63
101 - GENERAL FUND 09/17/24 1776 SMART & FINAL COFFEE CREAMER,CUPS 35.63 26748 $65,610.88
101 - GENERAL FUND 09/17/24 310 SOUTHERN CA. EDISON 600001505934-LATE F 263.71 101 - GENERAL FUND 09/17/24 310 SOUTHERN CA. EDISON 700141289638-LATE F 16.12 101 - GENERAL FUND 09/17/24 310 SOUTHERN CA. EDISON 600001505934 3136.48 101 - GENERAL FUND 09/17/24 310 SOUTHERN CA. EDISON 600001505934 5516.46 101 - GENERAL FUND 09/17/24 310 SOUTHERN CA. EDISON 600001505934 48.22 101 - GENERAL FUND 09/17/24 310 SOUTHERN CA. EDISON 600001505934 1694.25 261 - GAS TAX FUND 09/17/24 310 SOUTHERN CA. EDISON 113 W HICKORY 42.07 261 - GAS TAX FUND 09/17/24 310 SOUTHERN CA. EDISON 600001505934 6448.19 552 - WATER 09/17/24 310 SOUTHERN CA. EDISON 600001505934 38186.43 553 - SEWER 09/17/24 310 SOUTHERN CA. EDISON 600001505934 655.72 553 - SEWER 09/17/24 310 SOUTHERN CA. EDISON WWTP-23611 RD 196 7823.27 556 - VITA-PAKT 09/17/24 310 SOUTHERN CA. EDISON 600001505934 410.59 883 - SIERRA VIEW ASSESSMENT 09/17/24 310 SOUTHERN CA. EDISON 600001505934 288.92 884 - HERITAGE ASSESSMENT DIST 09/17/24 310 SOUTHERN CA. EDISON 600001505934 96.94 886 - SAMOA 09/17/24 310 SOUTHERN CA. EDISON 600001505934 35.92 887 - SWEETBRIER TOWNHOUSES 09/17/24 310 SOUTHERN CA. EDISON 600001505934 27.31 888 - PARKSIDE 09/17/24 310 SOUTHERN CA. EDISON 600001505934 96.68 889 - SIERRA VISTA ASSESSMENT 09/17/24 310 SOUTHERN CA. EDISON 600001505934 209.92 890 - MAPLE VALLEY ASSESSMENT 09/17/24 310 SOUTHERN CA. EDISON 600001505934 93.78 891 - PELOUS RANCH 09/17/24 310 SOUTHERN CA. EDISON 1250 PARKSIDE IRR. 13.57 891 - PELOUS RANCH 09/17/24 310 SOUTHERN CA. EDISON 600001505934 506.33 26749 $50.00
552 - WATER 09/17/24 5691 STATE WATER RESOURC D-1 EXAM-JONATHAN G 50 26750 $219.84
101 - GENERAL FUND 09/17/24 6703 STERICYCLE INC AUG SHRED-IT SVCS 45.04 101 - GENERAL FUND 09/17/24 6703 STERICYCLE INC AUG SHRED-IT SVCS 90.07 101 - GENERAL FUND 09/17/24 6703 STERICYCLE INC AUG SHRED-IT SVCS 84.73 26751 $681.51
101 - GENERAL FUND 09/17/24 144 THE GAS COMPANY 185 N GALE HILL 20.06 101 - GENERAL FUND 09/17/24 144 THE GAS COMPANY 140 N MIRAGE 16.73 101 - GENERAL FUND 09/17/24 144 THE GAS COMPANY 251 E HONOLULU 16.73 101 - GENERAL FUND 09/17/24 144 THE GAS COMPANY 139 N SWEETBRIAR-BB 18.49 400 - WELLNESS CENTER 09/17/24 144 THE GAS COMPANY 740 SEQUOIA-BLDG 53.55 400 - WELLNESS CENTER 09/17/24 144 THE GAS COMPANY 740 SEQUOIA-POOL 555.95 26752 $301.35
101 - GENERAL FUND 09/17/24 5792 THOMSON REUTERS - W AUG ONLINE/SOFTWARE 301.35 26753 $500.00
400 - WELLNESS CENTER 09/17/24 7080 TINA LOCKWOOD FOOD TRUCK TAKEOVER 500 26754 $115.00
101 - GENERAL FUND 09/17/24 7273 T-MOBILE USA INC GPS LOCATE-6/28-7/0 115 26755 $69.96
101 - GENERAL FUND 09/17/24 6413 TRANS UNION LLC 7/26/24-8/25/24 SVC 69.96 26756 $6.51
101 - GENERAL FUND 09/17/24 3152 TUL.CO.JAIL IND.ENG VINYL SIGNS 6.51 26757 $255.88
101 - GENERAL FUND 09/17/24 1041 VERIZON WIRELESS 642065758-00001 AUG 125.73 101 - GENERAL FUND 09/17/24 1041 VERIZON WIRELESS 642065758-00003 AUG 21.69 101 - GENERAL FUND 09/17/24 1041 VERIZON WIRELESS 642065758-00003 AUG 21.69 101 - GENERAL FUND 09/17/24 1041 VERIZON WIRELESS 642065758-00003 AUG 21.69 552 - WATER 09/17/24 1041 VERIZON WIRELESS 642065758-00003 AUG 21.7 553 - SEWER 09/17/24 1041 VERIZON WIRELESS 642065758-00003 AUG 21.69 554 - REFUSE 09/17/24 1041 VERIZON WIRELESS 642065758-00003 AUG 21.69 26758 $1,024.96
261 - GAS TAX FUND 09/17/24 368 VOLLMER EXCAVATION, TRANSFER LOAD OF CL 587.24 261 - GAS TAX FUND 09/17/24 368 VOLLMER EXCAVATION, TRANSFER LOAD OF DG 437.72 26759 $1,458.47
552 - WATER 09/17/24 612 WEISENBERGERS ACE H 14" CUT OFF SAW 677.35 552 - WATER 09/17/24 612 WEISENBERGERS ACE H RATCHETING WRNCH SE 51.89 553 - SEWER 09/17/24 612 WEISENBERGERS ACE H 14" CUT OFF SAW 677.34 553 - SEWER 09/17/24 612 WEISENBERGERS ACE H RATCHETING WRNCH SE 51.89 26760 $74,932.13
600 - CAPITAL IMPROVEMENT 09/17/24 7253 WESTSCAPES INC ROUNDABOUT LDSCP 74932.13 26761 $1,584.47
552 - WATER 09/17/24 3576 WHITE CAP, L.P. PORTABLE GENERATOR 792.24 553 - SEWER 09/17/24 3576 WHITE CAP, L.P. PORTABLE GENERATOR 792.23 26762 $100.00
400 - WELLNESS CENTER 09/17/24 5912 YVETTE DURAN AUG POUND CLASSES 100 26763 $1,101.70
101 - GENERAL FUND 09/25/24 4660 CITY OF LINDSAY DED:052 WELLNESS 51.7 101 - GENERAL FUND 09/25/24 4660 CITY OF LINDSAY DED:CDBG CDBG PMT 350 101 - GENERAL FUND 09/25/24 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 700 26764 $424.35
101 - GENERAL FUND 09/25/24 3192 SEIU LOCAL 521 DED:COPE COPE SEIU 2 101 - GENERAL FUND 09/25/24 3192 SEIU LOCAL 521 DED:DUES UNION DUES 422.35 26765 $6,545.83
101 - GENERAL FUND 09/25/24 6452 GREAT-WEST TRUST DED:0500 DEF COMP 2059.49 101 - GENERAL FUND 09/25/24 6452 GREAT-WEST TRUST DED:0555 DC LOANPAY 1115.45 101 - GENERAL FUND 09/25/24 6452 GREAT-WEST TRUST DED:151 DEFERCOMP 2925.85 101 - GENERAL FUND 09/25/24 6452 GREAT-WEST TRUST DED:ROTH ROTH 445.04 26766 $23.10
101 - GENERAL FUND 09/25/24 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 23.1 26767 $73.82
101 - GENERAL FUND 09/25/24 6246 MCDERMONT VENTURE I DED:051 MCDERMONT 73.82 26768 $62.76
101 - GENERAL FUND 09/25/24 3042 STATE DISBURSEMENT DED:0512 CHILD SUPT 62.76 26769 $489.65
101 - GENERAL FUND 09/25/24 1498 STATE OF CALIF FRAN DED:0511 FTB - DEBT 489.65 26770 $329.08
101 - GENERAL FUND 09/25/24 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 329.08 26771 $361.48
101 - GENERAL FUND 09/25/24 6452 GREAT-WEST TRUST DED:0500 DEF COMP 100 101 - GENERAL FUND 09/25/24 6452 GREAT-WEST TRUST DED:0555 DC LOANPAY 161.48 101 - GENERAL FUND 09/25/24 6452 GREAT-WEST TRUST DED:151 DEFERCOMP 100 26772 $1,642.00
101 - GENERAL FUND 09/27/24 6504 ADVENTIST HEALTH TO AUG. TOXICOLOGY SVC 1642 26773 $395.68
101 - GENERAL FUND 09/27/24 1858 ALL PRO FIRE AND SA CORP YARD-DRY CHEM. 15 101 - GENERAL FUND 09/27/24 1858 ALL PRO FIRE AND SA SR CENTER-DRY CHEM. 210.68 101 - GENERAL FUND 09/27/24 1858 ALL PRO FIRE AND SA PARK CAFE-DRY CHEM. 45 552 - WATER 09/27/24 1858 ALL PRO FIRE AND SA CANAL-DRY CHEM. 35 552 - WATER 09/27/24 1858 ALL PRO FIRE AND SA CORP YARD-DRY CHEM. 15 552 - WATER 09/27/24 1858 ALL PRO FIRE AND SA WATER TREAT.-DRY CH 45 553 - SEWER 09/27/24 1858 ALL PRO FIRE AND SA CORP YARD-DRY CHEM. 15 554 - REFUSE 09/27/24 1858 ALL PRO FIRE AND SA CORP YARD-DRY CHEM. 15 26774 $15.00
400 - WELLNESS CENTER 09/27/24 6362 AMERICAN BUSINESS M WC-#2UL13180 TONER 15 26775 $73,667.26
300 - MCDERMONT SALE PROCEEDS 09/27/24 7276 AMERICAN RAMP COMPA SKATE PARK-EQUIP&IN 73667.26 26776 $546.00
101 - GENERAL FUND 09/27/24 2323 ANDERSON FAMILY BUS PS#50289081 MAY-AUG 484 101 - GENERAL FUND 09/27/24 2323 ANDERSON FAMILY BUS CS#50220206 MAY-AUG 12 101 - GENERAL FUND 09/27/24 2323 ANDERSON FAMILY BUS CS#50220269 MAY-AUG 6 101 - GENERAL FUND 09/27/24 2323 ANDERSON FAMILY BUS CS#50220500 MAY-AUG 44 26777 $527.77
553 - SEWER 09/27/24 7279 ARC INDUSTRIES SHACKLE-SEWER EQUIP 527.77 26778 $4,500.00
101 - GENERAL FUND 09/27/24 6689 BUILDING MAINTENANC REISSUED CK#26600 642.85 101 - GENERAL FUND 09/27/24 6689 BUILDING MAINTENANC REISSUED CK#26600 642.86 101 - GENERAL FUND 09/27/24 6689 BUILDING MAINTENANC REISSUED CK#26600 642.86 101 - GENERAL FUND 09/27/24 6689 BUILDING MAINTENANC REISSUED CK#26600 642.86 552 - WATER 09/27/24 6689 BUILDING MAINTENANC REISSUED CK#26600 642.86 553 - SEWER 09/27/24 6689 BUILDING MAINTENANC REISSUED CK#26600 642.86 554 - REFUSE 09/27/24 6689 BUILDING MAINTENANC REISSUED CK#26600 642.85 26779 $2,372.23
101 - GENERAL FUND 09/27/24 6351 CANON FINANCIAL SER HR#2UL13500 SEPT 20 270 101 - GENERAL FUND 09/27/24 6351 CANON FINANCIAL SER CC-#3FW01164 SEPT. 368.98 101 - GENERAL FUND 09/27/24 6351 CANON FINANCIAL SER CC-COLOR COPIES 383.25 101 - GENERAL FUND 09/27/24 6351 CANON FINANCIAL SER CM#2UL13336 SEPT 20 270 101 - GENERAL FUND 09/27/24 6351 CANON FINANCIAL SER FD#2XK04886 SEPT 20 270 101 - GENERAL FUND 09/27/24 6351 CANON FINANCIAL SER PS#2XK04493 SEPT 20 270 101 - GENERAL FUND 09/27/24 6351 CANON FINANCIAL SER PS#4QV00754 SEPT 20 270 101 - GENERAL FUND 09/27/24 6351 CANON FINANCIAL SER CS#2YJ16699 SEPT 20 270 26780 $465.70
101 - GENERAL FUND 09/27/24 076 CENTRAL VALLEY BUSI REISSUED CK#26608 171.55 101 - GENERAL FUND 09/27/24 076 CENTRAL VALLEY BUSI REISSUED CK#26608 294.15 26781 $341.18
400 - WELLNESS CENTER 09/27/24 6500 CHARTER COMMUNICATI WC-VOICE & INTERNET 341.18 26782 $2,760.12
702 - CHFA-HELP LHBP 09/27/24 6784 CHICAGO TITLE MARIO&ELVIRA P.L98- 2760.12 26785 $1,372.73
101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION SIG DUALTP RFL PAPE 12.24 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 24.48 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION UNIFORMS,DUALTP RFL 43.8 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION UNIFORMS,MATS,FL CL 43.81 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION UNIFORMS,RR DISNFCT 43.8 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION SIG DUALTP RFL PAPE 12.24 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 24.48 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION UNIFORMS,DUALTP RFL 43.8 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION UNIFORMS,MATS,FL CL 43.81 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION UNIFORMS,RR DISNFCT 43.8 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION SIG DUALTP RFL PAPE 12.24 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 24.48 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION UNIFORMS,DUALTP RFL 43.8 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION UNIFORMS,MATS,FL CL 43.81 101 - GENERAL FUND 09/27/24 5832 CINTAS CORPORATION UNIFORMS,RR DISNFCT 43.8 552 - WATER 09/27/24 5832 CINTAS CORPORATION SIG DUALTP RFL PAPE 12.24 552 - WATER 09/27/24 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 24.48 552 - WATER 09/27/24 5832 CINTAS CORPORATION UNIFORMS,DUALTP RFL 43.81 552 - WATER 09/27/24 5832 CINTAS CORPORATION UNIFORMS,MATS,FL CL 43.81 552 - WATER 09/27/24 5832 CINTAS CORPORATION UNIFORMS,RR DISNFCT 43.81 553 - SEWER 09/27/24 5832 CINTAS CORPORATION BOOTS FOR JUAN 195.74 553 - SEWER 09/27/24 5832 CINTAS CORPORATION SIG DUALTP RFL PAPE 12.24 553 - SEWER 09/27/24 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 24.48 553 - SEWER 09/27/24 5832 CINTAS CORPORATION UNIFORMS,DUALTP RFL 43.81 553 - SEWER 09/27/24 5832 CINTAS CORPORATION UNIFORMS,MATS,FL CL 43.8 553 - SEWER 09/27/24 5832 CINTAS CORPORATION UNIFORMS,RR DISNFCT 43.81 554 - REFUSE 09/27/24 5832 CINTAS CORPORATION SIG DUALTP RFL PAPE 12.25 554 - REFUSE 09/27/24 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 24.48 554 - REFUSE 09/27/24 5832 CINTAS CORPORATION UNIFORMS,DUALTP RFL 43.81 554 - REFUSE 09/27/24 5832 CINTAS CORPORATION UNIFORMS,MATS,FL CL 43.8 554 - REFUSE 09/27/24 5832 CINTAS CORPORATION UNIFORMS,RR DISNFCT 43.81 556 - VITA-PAKT 09/27/24 5832 CINTAS CORPORATION SIG DUALTP RFL PAPE 12.24 556 - VITA-PAKT 09/27/24 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 24.5 556 - VITA-PAKT 09/27/24 5832 CINTAS CORPORATION UNIFORMS,DUALTP RFL 43.81 556 - VITA-PAKT 09/27/24 5832 CINTAS CORPORATION UNIFORMS,MATS,FL CL 43.8 556 - VITA-PAKT 09/27/24 5832 CINTAS CORPORATION UNIFORMS,RR DISNFCT 43.81 26786 $850.00
101 - GENERAL FUND 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 14.03 101 - GENERAL FUND 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 13.18 101 - GENERAL FUND 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 42.74 101 - GENERAL FUND 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 308.64 101 - GENERAL FUND 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 48.79 101 - GENERAL FUND 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 28.37 101 - GENERAL FUND 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 50.58 261 - GAS TAX FUND 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 20.32 263 - TRANSPORTATION 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 16.66 400 - WELLNESS CENTER 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 117.05 552 - WATER 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 77.95 553 - SEWER 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 78.2 554 - REFUSE 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 30.77 556 - VITA-PAKT 09/27/24 6118 CVIN LLC D.B.A. VAS 09/01/24-09/30/24 2.72 26787 $210.00
101 - GENERAL FUND 09/27/24 316 DEPT OF JUSTICE AUG. ALCOHOL ANALYS 210 26788 $1,140.07
700 - CDBG REVOLVING LN FUND 09/27/24 2540 DEPT.OF HOUSING & C CDBG 9/16/24 TO HCD 1140.07 26789 $3,602.24
720 - HOME REVOLVING LN FUND 09/27/24 2540 DEPT.OF HOUSING & C HOME 9/16/24 TO HCD 3602.24 26790 $54.72
101 - GENERAL FUND 09/27/24 119 DOUG DELEO WELDING CHAIN,SHOULDER BOLT 54.72 26791 $7,120.68
101 - GENERAL FUND 09/27/24 5803 EMD NETWORKING SERV REISSUED CK#26616 7120.68 26792 $374.00
101 - GENERAL FUND 09/27/24 7275 FLORES GAVINO CANCELLED PARK RESE 150 101 - GENERAL FUND 09/27/24 7275 FLORES GAVINO CANCELLED PARK RESE 224 26793 $9,427.10
552 - WATER 09/27/24 137 FRIANT WATER AUTHOR SLDMWA EXCHANGE COS 9427.1 26794 $1,393.99
101 - GENERAL FUND 09/27/24 6010 FRONTIER COMMUNICAT 209-151-2650 21.62 101 - GENERAL FUND 09/27/24 6010 FRONTIER COMMUNICAT 209-151-2652 43.23 101 - GENERAL FUND 09/27/24 6010 FRONTIER COMMUNICAT 209-151-2656 43.23 101 - GENERAL FUND 09/27/24 6010 FRONTIER COMMUNICAT 209-151-2662 57.17 101 - GENERAL FUND 09/27/24 6010 FRONTIER COMMUNICAT 562-2512 189.34 101 - GENERAL FUND 09/27/24 6010 FRONTIER COMMUNICAT 209-151-2650 21.62 101 - GENERAL FUND 09/27/24 6010 FRONTIER COMMUNICAT 209-042-9309 2.99 552 - WATER 09/27/24 6010 FRONTIER COMMUNICAT 209-150-2936 78.68 552 - WATER 09/27/24 6010 FRONTIER COMMUNICAT 209-151-2650 21.62 552 - WATER 09/27/24 6010 FRONTIER COMMUNICAT 562-1552 134.51 552 - WATER 09/27/24 6010 FRONTIER COMMUNICAT 562-7131 167.42 553 - SEWER 09/27/24 6010 FRONTIER COMMUNICAT 209-150-3621 113.73 553 - SEWER 09/27/24 6010 FRONTIER COMMUNICAT 209-151-2650 21.61 553 - SEWER 09/27/24 6010 FRONTIER COMMUNICAT 209-151-2654 43.23 553 - SEWER 09/27/24 6010 FRONTIER COMMUNICAT 209-151-2655 43.23 553 - SEWER 09/27/24 6010 FRONTIER COMMUNICAT 562-7132 390.76 26795 $110.15
101 - GENERAL FUND 09/27/24 1925 FRUIT GROWERS SUPPL 12"&18" STIHL CHAIN 110.15 26796 $5,600.00
553 - SEWER 09/27/24 6781 GARCIA WELDING & FA WWTP-MAKE NEW SPOOL 5600 26797 $625.69
552 - WATER 09/27/24 151 GRAINGER INC PIPE WRENCH 312.85 553 - SEWER 09/27/24 151 GRAINGER INC PIPE WRENCH 312.84 26798 $20,465.24
101 - GENERAL FUND 09/27/24 5647 GRISWOLD,LASALLE,CO MATTER:22752.002 AU 672.5 101 - GENERAL FUND 09/27/24 5647 GRISWOLD,LASALLE,CO MATTER:22752.003 AU 2867.5 101 - GENERAL FUND 09/27/24 5647 GRISWOLD,LASALLE,CO MATTER:22752.004 AU 240 101 - GENERAL FUND 09/27/24 5647 GRISWOLD,LASALLE,CO MATTER:22752.005 AU 1314.18 101 - GENERAL FUND 09/27/24 5647 GRISWOLD,LASALLE,CO MATTER:22752.006 AU 2064.59 101 - GENERAL FUND 09/27/24 5647 GRISWOLD,LASALLE,CO MATTER:22752.007 AU 300 101 - GENERAL FUND 09/27/24 5647 GRISWOLD,LASALLE,CO MATTER:22752.112 AU 36.25 101 - GENERAL FUND 09/27/24 5647 GRISWOLD,LASALLE,CO MATTER:22752.116 AU 5987.66 101 - GENERAL FUND 09/27/24 5647 GRISWOLD,LASALLE,CO MATTER:22752.117 AU 6982.56 26799 $1,503.00
779 - 00-HOME-0487 09/27/24 7278 HOMESITE INSURANCE JOSE H.-331 N ASHLA 1503 26800 $75,355.62
101 - GENERAL FUND 09/27/24 6100 KEENAN & ASSOCIATES OCT. PPO 250 RETIRE 2063.62 101 - GENERAL FUND 09/27/24 6100 KEENAN & ASSOCIATES OCT. PPO 250-COBRA 2115.2 101 - GENERAL FUND 09/27/24 6100 KEENAN & ASSOCIATES OCT. PPO 250 ACTIVE 59844.95 101 - GENERAL FUND 09/27/24 6100 KEENAN & ASSOCIATES OCT. PPO 500 ACTIVE 11331.85 26801 $1,360.66
400 - WELLNESS CENTER 09/27/24 5788 LINCOLN AQUATICS LIQUID CHLOR,PESTIC 1360.66 26802 $70.00
101 - GENERAL FUND 09/27/24 5424 LINDSAY VETERINARY 9/19/24 ANIMAL SVCS 70 26803 $2,496.50
101 - GENERAL FUND 09/27/24 6550 MARIO SAGREDO ELECT LIBRARY LIGHTS 270.89 101 - GENERAL FUND 09/27/24 6550 MARIO SAGREDO ELECT WATER HEATER CIRCUI 1455.34 101 - GENERAL FUND 09/27/24 6550 MARIO SAGREDO ELECT SWEETBRIAR PARK LIG 235.88 261 - GAS TAX FUND 09/27/24 6550 MARIO SAGREDO ELECT VALENCIA ST LIGHTS 534.39 26804 $1,550.00
101 - GENERAL FUND 09/27/24 3638 MASCORRO PLUMBING REPLACED FLUSH VALV 450 101 - GENERAL FUND 09/27/24 3638 MASCORRO PLUMBING WATER HEATER INSTAL 1100 26805 $184.71
101 - GENERAL FUND 09/27/24 7242 ODP BUSINESS SOLUTI STAPLES,KLEENEX,FEB 43.75 101 - GENERAL FUND 09/27/24 7242 ODP BUSINESS SOLUTI TONER 140.96 26806 $730.73
552 - WATER 09/27/24 6673 PACE SUPPLY CORP EXT RANGE COUPLING 730.73 26807 $64.78
101 - GENERAL FUND 09/27/24 6991 PREMIER ACCESS INSU OCT 2024 COBRA DENT 64.78 26808 $136.00
101 - GENERAL FUND 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 2.24 101 - GENERAL FUND 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 2.11 101 - GENERAL FUND 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 6.84 101 - GENERAL FUND 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 49.38 101 - GENERAL FUND 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 7.81 101 - GENERAL FUND 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 4.54 101 - GENERAL FUND 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 8.09 261 - GAS TAX FUND 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 3.25 263 - TRANSPORTATION 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 2.67 400 - WELLNESS CENTER 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 18.73 552 - WATER 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 12.47 553 - SEWER 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 12.51 554 - REFUSE 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 4.92 556 - VITA-PAKT 09/27/24 7110 PRISM DEDUCTIBLE Q4 APR-J 0.44 26809 $4,483.00
600 - CAPITAL IMPROVEMENT 09/27/24 4618 PROVOST & PRITCHARD VARIOUS RD IMPROVEM 4483 26810 $773.06
101 - GENERAL FUND 09/27/24 285 QUILL CORPORATION TONER 254.46 101 - GENERAL FUND 09/27/24 285 QUILL CORPORATION TAPE,ENVELOPES,BIND 228.91 101 - GENERAL FUND 09/27/24 285 QUILL CORPORATION BINDERS 215.07 400 - WELLNESS CENTER 09/27/24 285 QUILL CORPORATION TRASH BAGS,COFFEE 74.62 26811 $6,500.00
552 - WATER 09/27/24 6095 RALPH GUTIERREZ WAT REISSUED CK#26741 3250 553 - SEWER 09/27/24 6095 RALPH GUTIERREZ WAT REISSUED CK#26741 3250 26812 $442.52
101 - GENERAL FUND 09/27/24 5717 RANDSTAD/PLACEMENT CS-THOMAS C. 9/2/24 442.52 26813 $100.00
101 - GENERAL FUND 09/27/24 7183 ROBERT TORRES ARBOR DEPOSIT REFUN 100 26814 $3,099.38
600 - CAPITAL IMPROVEMENT 09/27/24 7119 SEAL RITE PAVING AN VALENCIA&LINDA VIST 3099.38 26815 $165.00
101 - GENERAL FUND 09/27/24 7143 SEQUOIA HEALTH CARE AUG. 2024 CLAIMS 165 26816 $10,703.79
552 - WATER 09/27/24 4555 THATCHER COMPANY IN 2024250105030-CHLOR 12353.79 552 - WATER 09/27/24 4555 THATCHER COMPANY IN 2024250901104-CYL D -1650 26817 $299.65
101 - GENERAL FUND 09/27/24 5624 SIERRA SANITATION, SINK & RR RENTAL 299.65 26818 $678.69
101 - GENERAL FUND 09/27/24 310 SOUTHERN CA. EDISON 700482892316-LATE F 0.04 261 - GAS TAX FUND 09/27/24 310 SOUTHERN CA. EDISON 108 HERMOSA ST PED 100.95 261 - GAS TAX FUND 09/27/24 310 SOUTHERN CA. EDISON 108 W HERMOSA LS3 31.1 261 - GAS TAX FUND 09/27/24 310 SOUTHERN CA. EDISON 135 W HONOLULU LS3A 129.76 261 - GAS TAX FUND 09/27/24 310 SOUTHERN CA. EDISON 150 E HONOLULU LS3B 148.14 261 - GAS TAX FUND 09/27/24 310 SOUTHERN CA. EDISON 151 W HONOLULU LS3C 73.92 261 - GAS TAX FUND 09/27/24 310 SOUTHERN CA. EDISON 151 W SAMOA LS3D 88.36 261 - GAS TAX FUND 09/27/24 310 SOUTHERN CA. EDISON 157 N MIRAGE AVE LE 50.9 261 - GAS TAX FUND 09/27/24 310 SOUTHERN CA. EDISON 269 N SWEETBRIAR AV 55.52 26819 $4,501.18
101 - GENERAL FUND 09/27/24 5755 TELEPACIFIC COMMUNI 09/09/24-10/08/24 71.29 101 - GENERAL FUND 09/27/24 5755 TELEPACIFIC COMMUNI 09/09/24-10/08/24 142.58 101 - GENERAL FUND 09/27/24 5755 TELEPACIFIC COMMUNI 09/09/24-10/08/24 356.45 101 - GENERAL FUND 09/27/24 5755 TELEPACIFIC COMMUNI 09/09/24-10/08/24 1180.81 101 - GENERAL FUND 09/27/24 5755 TELEPACIFIC COMMUNI 09/09/24-10/08/24 1539.56 400 - WELLNESS CENTER 09/27/24 5755 TELEPACIFIC COMMUNI 09/09/24-10/08/24 754.48 552 - WATER 09/27/24 5755 TELEPACIFIC COMMUNI 09/09/24-10/08/24 114.58 553 - SEWER 09/27/24 5755 TELEPACIFIC COMMUNI 09/09/24-10/08/24 341.43 26820 $892.08
261 - GAS TAX FUND 09/27/24 1513 UNITED RENTALS, INC BOOM LIFT INSPECTIO 892.08 26821 $848.16
552 - WATER 09/27/24 5747 USA STAFFING INC. 9/8/24 CS-ANITA G. 424.08 553 - SEWER 09/27/24 5747 USA STAFFING INC. 9/8/24 CS-ANITA G. 424.08 26822 $2,420.00
660 - RDA OBLIGATION RETIREMENT 09/27/24 624 US BANK TRUST ADMIN FEES FY24/25 2420 26823 $1,307.51
101 - GENERAL FUND 09/27/24 1041 VERIZON WIRELESS 642065758-00004 AUG 1307.51 26824 $424.12
552 - WATER 09/27/24 3576 WHITE CAP, L.P. WORKSHOP BENCH 212.06 553 - SEWER 09/27/24 3576 WHITE CAP, L.P. WORKSHOP BENCH 212.06 26825 $1,921.88
261 - GAS TAX FUND 09/27/24 382 ZUMAR INDUSTRIES IN SCHOOL SPEED LIMIT 1517.44 300 - MCDERMONT SALE PROCEEDS 09/27/24 382 ZUMAR INDUSTRIES IN PICKLEBALL RULE SIG 404.44 EDD92024 $4,538.08
101 - GENERAL FUND 09/24/24 687 STATE OF CALIFORNIA PRPD9/20/24 PIT &LO 4538.08 IRS92024 $33,842.47
101 - GENERAL FUND 09/24/24 2011 INTERNAL REVENUE SE PRPD9/20 FEDERAL TA 12003.01 101 - GENERAL FUND 09/24/24 2011 INTERNAL REVENUE SE PRPD9/20 FICA &MEDI 21839.46 SUMMARY BY FUNDING SOURCE $561,998.08
101 - GENERAL FUND 218,729.49
261 - GAS TAX FUND 16,211.35
263 - TRANSPORTATION 19.33
300 - MCDERMONT SALE PROCEEDS 74,071.70
400 - WELLNESS CENTER 15,409.40
552 - WATER 77,484.48
553 - SEWER 25,257.62
554 - REFUSE 12,140.20
556 - VITA-PAKT 1,081.29
600 - CAPITAL IMPROVEMENT 82,680.85
660 - RDA OBLIGATION RETIREMENT 2,420.00
700 - CDBG REVOLVING LN FUND 3,765.66
702 - CHFA-HELP LHBP 2,760.12
720 - HOME REVOLVING LN FUND 20,675.44
779 - 00-HOME-0487 3,439.00
781 - CAL HOME RLF 1,207.78
883 - SIERRA VIEW ASSESSMENT 1,586.92
884 - HERITAGE ASSESSMENT DIST 411.94
886 - SAMOA 189.92
887 - SWEETBRIER TOWNHOUSES 573.31
888 - PARKSIDE 321.68
889 - SIERRA VISTA ASSESSMENT 306.92
890 - MAPLE VALLEY ASSESSMENT 148.78
891 - PELOUS RANCH 1,104.90
TOTAL $561,998.08
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: October 8, 2024
DEPARTMENT: Finance
FROM: Lacy Meneses, Finance Director
AGENDA TITLE: September 2024 Monthly Treasurer’s Report
ACTION & RECOMMENDATION
Accept the September 2024 Monthly Treasurer’s Report.
BACKGROUND | ANALYSIS
The September 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. September 2024 Treasurer’s Report
Reviewed/Approved: ______
Item #: 10.4
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 1,375,565 Bank of the Sierra - Wellness Center 100-500 GEN 546,110 Bank of the Sierra - Impound Account 100-120 RES 41,286 LAIF Savings: City & Successor Agency 100-103 INV-RES 4,708,650 MBS Investments 100-700 INV-RES 5,776,878
$ 12,449,589
CASH EXPENDED
ACCOUNTS PAYABLE & PAYROLL AMOUNT DEBT SERVICE AMOUNT
Accounts Payable $ 955,599 None.
Payroll (Septmber 6 Payday) $ 264,571
Payroll (Septmber 20 Payday) $ 292,387
TOTAL $ 1,512,557 TOTAL $ -
INVESTMENTS
INVESTED FUNDS $10,485,527
Respectfully submitted,
GEN: GENERAL UNRESTRICTED
RES: RESTRICTED ACTIVITY
Director of Finance INV: INVESTMENT
City of Lindsay
ABBREVIATIONS
Lacy Meneses
Monthly Treasurer's Report
SEPTEMBER 30,2024
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: October 8, 2024
DEPARTMENT: City Services
FROM: Kira Stowell, Contract City Planner
AGENDA TITLE: Second Reading of Ordinance No. 614 Approving Zone Change No. 24-01
ACTION & RECOMMENDATION
Approve the second reading of Ordinance No. 614, an Ordinance of the City Council of the City of Lindsay approving Zone Change No. 24-01 amending the Zoning Designation from R-1-7 to R-1-5 for a 9.10-acre project site located north of Tulare Road on the west side of Oak Avenue (APN 199-050-055), and the Lindsay Zoning Map as adopted by Ordinance 437 of the City of Lindsay; and authorization to waive full reading of said ordinance and authorize reading by title only.
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 #: 10.5
Action Items
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.
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. Ordinance 614
Reviewed/Approved: ______
Location Map
Tentative Subdivision Map
1 of 3
ORDINANCE NO. 614
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDSAY AMENDING THE ZONING DESIGNATION FROM R-1-7 to R-1-5 FOR A 9.10 ACRE PROPERTY
LOCATED NORTH OF TULARE ROAD ON THE WEST SIDE OF OAK AVENUE (APN 199-050-055), AND THE LINDSAY ZONING MAP AS ADOPTED BY ORDINANCE 437 OF THE CITY OF LINDSAY.
THE CITY COUNCIL OF THE CITY OF LINDSAY DOES ORDAIN AS FOLLOWS:
Section 1. LOCATION. The real property located in the City of Lindsay and described as follows: APN 199-050-055 shall be and is hereby designated as R-1-5.
Section 2. AMENDMENT. The City Planner of the City of Lindsay is hereby authorized, instructed and directed to make the changes to the official Zoning Map of the City of Lindsay made by Section One of this Ordinance, by outlining the boundaries of the described parcel of the Zoning Map adopted by Ordinance 437 of the City of Lindsay.
Section 3. CEQA REVIEW. An Initial Study was prepared in conformance with the California Environmental Quality Act (CEQA) Guidelines, and it was found that the proposed project could not have a significant effect on the environment, with mitigations.
Therefore, a Mitigated Negative Declaration has been adopted for this project.
Section 4. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Lindsay, or any official, employee or agent thereof.
Section 5. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Lindsay hereby declares that it would have adopted each section, subsection, subdivision, 2 of 3
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 7. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Lindsay Municipal Code as amended by this ordinance are substantially the same as provisions in the Lindsay Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 8. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(l) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.
THE FOREGOING ORDINANCE, read by title only with waiving of the reading in full, was introduced at a regularly scheduled meeting on the 10th day of September 2024.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 8th day of October 2024.
CITY COUNCIL OF THE CITY OF LINDSAY
________________________________________
Ramiro Serna, Mayor
ATTEST:
____________________________________
Maegan Peton, City Clerk
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: October 8, 2024
DEPARTMENT: City Services
FROM: Ryan Heinks, Acting Director of City Services
Agenda Title: Lindsay Rib Cook-off Special Event Permit and Fee Waiver
ACTION & RECOMMENDATION
Approve Special Event Permit No. 24-08 for the 14th Annual Lindsay Rib Cook-Off Event in downtown Lindsay scheduled for November 2, 2024; and approve Fee Waiver for the event, contingent upon the City receiving all necessary documentation for the permit.
BACKGROUND | ANALYSIS
Part A: Rib Cook-Off Special Event Permit Application
The Rib Cook Off Committee (herein referred to as “Applicant”) has requested street closures on November 2nd, 2024, for the 14th Annual Lindsay Rib Cook Off Competition. Under the Special Event Permit provisions within Chapter 18.17.180 of the Lindsay Municipal Code, instated in Ordinance No. 598, this event is deemed a ‘Class III’ type of event due to its anticipated attendance of over five hundred (500) attendees, the sale of alcohol, and street closures.
Event Details:
Type of Event: Rib-Cook Off Competition
Event Date: November 2nd, 2024
Hours: 4:00am to 6:00pm
Set-up Hours: 4:00am to 8:00am
Breakdown Hours: 4:00pm to 6:00pm
Location: Honolulu Street
Mirage Avenue
Sweetbriar Avenue
Elmwood Avenue
City Facility/Park Use: ☐YES ☒NO
Road Closure: ☒YES ☐NO
Number of Attendees: 1,000
Alcohol Sale: ☒YES ☐NO
Food truck and Merchandise Vendors: ☒YES ☐NO
Music: ☒Live bands ☒ DJ ☒Stage
Item #: 11.1
Action Items
Requirements:
• Site Plan – (attached to this report).
• Circulation and Parking Plan – (attached to this report). • Waste Plan – Mid Valley Disposal will be providing the following services
1. One 20 yard roll off bin.
2. 10-15 bins.
All to be delivered and picked up by Mid Valley Disposal on November 1st, 2024, and November 4th, 2024, respectively.
• Restrooms – The Applicant will provide an adequate number of porta potties with hand washing stations including ADA accessible units. The City will have the fixed bathrooms at Honolulu and Sweetbrier open in addition to the required portable restrooms. • Banner Application – The Applicant has provided the graphics for their banner along with a banner application (attached to this report). The requested locations for the banners to be placed are as follows:
1. Windmill along the north and west frontage.
2. Sequoia Soccer Complex.
3. Elmwood Soccer Complex.
• Safety Plan – This event will require a minimum of six (6) security guards, with one (1) designated to the alcohol sales area.
• Alcohol Management Plan – All attendees’ I.Ds will be verified upon purchase. A non-transferrable wristband for those purchasing alcohol is required.
• Indemnity (attached to this report).
• Insurance. The Applicant will be required to provide the following:
1. $2 million in General Liability by the Rib-Cookoff Committee.
2. $3 million in General Aggregate by the Rib-Cookoff Committee.
3. $1 million in Liquor Liability by The Orange Bar.
• Inspections. Fire Department and Building and Safety inspections must be conducted for the two proposed stages.
Part B: Fee Waiver Request
The Applicant is requesting that all fees identified in Figure I below be waived by action of the City Council. If the City Council approves the requested fee waiver, that action will not waive any costs incurred by the City for damage or repairs that may result from the event. All proceeds from the event will go towards the Lindsay Reserve Officers, Santa Night, Lindsay High School sports teams, Healthy Start, the Kiwanis Club, J.J. Cairns High School Student Government, and education scholarships.
Figure I: Fee Tabulation
FISCAL IMPACT
If the City Council approves the fee waiver for SEP No. 24-04, then City will not generate $2,093.92 in revenue that would be deposited into 101-GENERAL FUND.
ATTACHMENTS
1. Special Event Permit Application
2. Fee Waiver Request Letter
3. Banner Application
4. Banner Artwork and Graphics
Reviewed/Approved: ______
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: October 8, 2024
DEPARTMENT: City Manager
FROM: Maegan Peton, City Clerk and Assistant to the City Manager AGENDA TITLE: League of Cities Annual Conference Proposed Resolution(s)
ACTION & RECOMMENDATION
Review the Resolution(s) being proposed for the 2024 League of Cities Annual Conference General Assembly and determine a City position for the Voting Delegate as they represent the City.
BACKGROUND | ANALYSIS
Each year the League of Cities hosts an annual conference for City Councilmembers, City Managers, and City Clerks to attend. The Cal Cities General Assembly will take place during the conference on October 18, 2024.
Cal City members may submit resolutions on issues of importance to cities. Each City must then select and approve a voting delegate and an alternate. At the August 27, 2024, City Council meeting, Councilmember Cerros was selected as the Voting Delegate and Mayor Serna was selected as the alternate.
Attached are the proposed resolutions that the City should take a position on prior to the conference.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
1. League of California Cities Resolution Packet
Reviewed/Approved: ______
Item #: 11.2
Action Items
2023-2024
CAL CITIES OFFICERS
President
Daniel T. Parra
Mayor
Fowler
First Vice President
Lynne Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Second Vice President
Gabe Quinto
Council Member,
El Cerrito
Immediate Past President
Ali Sajjad Taj
Mayor Pro Tem,
Artesia
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 28, 2024
TO: Mayors, Council Members, City Managers, and City Clerks RE: Cal Cities 2024 Resolution Packet
Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the Aug. 17 deadline.
The attached packet contains the proposed resolution, supporting letters from city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process.
We encourage each city council to consider the resolution and determine a city position so your voting delegate can represent your city’s position on the resolution.
Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Sept. 25. The voting delegate packet contains more information.
The Cal Cities 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in the Long Beach Convention Center during the Annual Conference and Expo.
For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
2024
Resolutions
Packet
2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.
A list of recommendations the policy committee may make during its meeting are on page three of this packet.
Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.
The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.
A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet.
Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth.
Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet.
Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 2 2024 Resolutions Packet
Policy Committee and Resolutions Committee Actions
The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution.
Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly. 3 2024 Resolutions Packet
General Assembly Voting and Discussion Procedures
Discussion Procedures:
Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.
For General Resolutions:
Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly
For Petitioned Resolutions:
Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote.
Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.
Voting Procedures:
Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.
4 2024 Resolutions Packet
2024 Resolution
1. Resolution on Fair and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora
• Letters of concurrence submitted by:
i. April A. Verlato, Mayor, City of Arcadia
ii. Robert Gonzales, Mayor, City of Azusa
iii. Tim Hepburn, Mayor, City of La Verne
iv. Bill Uphoff, Mayor, City of Lomita
v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
5 2024 Resolutions Packet
Resolution No. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora
6 2024 Resolutions Packet
1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF
CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE
FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL
LEVELS IN THE STATE OF CALIFORNIA
Source: City of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes
Referred to: Governance, Transparency and Labor Relations Policy Committee
WHEREAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to:
California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California; Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials; 7 2024 Resolutions Packet
Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California;
Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election.
WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.”
NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” 8 2024 Resolutions Packet
Resolution No. 1: Letters of
Concurrence
9 July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”)
“The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
The following five city council members are in concurrence with their letters of support (attached):
✓ Mayor John Cruikshank, City of Rancho Palos Verdes
✓ Mayor Bill Uphoff, City of Lomita
✓ Mayor Robert Gonzales, City of Azusa
✓ Mayor April Verlato, City of Arcadia
✓ Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.
Sincerely,
Michael Allawos
Council Member
City of Glendora
10 11
12 13
14 15
2024 Resolutions Packet
Resolution No. 1: Staff Analysis
16 League of California Cities Staff Analysis on Resolution No. 1 Staff: Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations Summary:
This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
Background:
This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office.
Ralph M. Brown Act
The California Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.
The Ralph M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17 9027 governs the state Legislature. The California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7).
Although fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public.
Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard.
California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts.
SB 174 (Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA.
Over the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well.
The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses.
The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) Chaptered by Secretary of State. Chapter 556, Statutes of 2019 established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits.
The Resolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits.
Fiscal Impact:
Unknown.
Existing Cal Cities Policy:
Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
We Believe:
• Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness.
19 • Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.
Comments:
Additional Examples
The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) was introduced, which requires local governments to present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates.
Additionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators.
AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down.
Applying to elected officials or to the legislative body? Legislature or the State? The resolution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.”
This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members.
Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20 of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified.
Support:
The following letters of concurrence were received:
April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes
21 STAFF REPORT
TO: Lindsay City Council
MEETING DATE: October 8, 2024
DEPARTMENT: City Manager
FROM: Daymon Qualls, City Manager
AGENDA TITLE: Agreement with VL Friday Night Market for Services Related to the Friday Night Market
ACTION & RECOMMENDATION
Authorize an agreement with VL Friday Night Market and grant the City Manager authorization to execute documents relating thereto.
BACKGROUND | ANALYSIS
On February 28, 2022, an agreement between the City of Lindsay and VL Friday Night Market for operations of the Friday Night Market was executed. On February 14, 2023, Addendum No.1 was executed and extended the term of the agreement for an additional year.
As directed by Council at the April 11, 2023, City Council meeting, staff negotiated a new contract with VL Friday Night Market that was subsequently approved on October 24, 2023. The new agreement reflected the following:
1. A new flat rate of $3,000 per market session,
2. A revised market boundary map that accurately defines the designated area of operation for VL Friday Night, and
3. Amended the date in which a Final Report from the market operator must be distributed to the City Manager and City Council to be the first regular meeting in December, or as soon as possible thereafter.
The City of Lindsay has enjoyed a highly successful collaboration with VL Friday Night Market, witnessing numerous positive outcomes and benefits. With the current agreement set to expire on November 15, 2024, staff has reviewed the contract language and made modifications to ensure the agreement is up to date and compliant with current requirements. A draft agreement with tracked changes is attached for review.
FISCAL IMPACT
Per the agreement, the Market Operator shall pay the City a flat rate of three thousand dollars ($3,000) per Market session.
ATTACHMENTS
1. Draft Agreement Between the City of Lindsay and VL Friday Night Market (with tracked changes)
2. Agreement Between the City of Lindsay and VL Friday Night Market (clean copy) Reviewed/Approved: ______
Item #: 11.3
Action Items
AGREEMENT BETWEEN THE CITY OF LINDSAY AND VL FRIDAY NIGHT MARKET FOR
SERVICES REGARDING THE FRIDAY NIGHT MARKET
This Agreement is made and entered into as of the______ of____ 2024 (the "Effective Date") by and between the CITY OF LINDSAY, a municipal corporation (the "City") and the VL FRIDAY NIGHT MARKET, a private company (the "Market Operator"), duly organized and existing under and by virtue of the laws of the State of California
This Agreement shall be effective as of the date set above and shall be for a period of one (1) year from the date of the first Market of the season. The City and Market Operator shall constitute the parties.
I. SCOPE OF SERVICES
Market Operator shall provide all staff, materials, equipment, and labor to coordinate a Friday Night Market, hereinafter called ("Market") as described in the VL FRIDAY NIGHT MARKET proposal. Market Operator further agrees to comply with all applicable laws, ordinances, and rules imposed by the City of Lindsay, state and federal agencies. In the event of a conflict among this Agreement and the VL FRIDAY NIGHT MARKET proposal, this Agreement shall take precedence.
Services and maintenance provided by the Market Operator shall respectively include, but are not limited to those described herein:
A. THE VL FRIDAY NIGHT MARKET shall be permitted to operate within the City of Lindsay in an area defined by the City and provided to the Market Operator prior to the first market of the season and shall be subject to amendment by the City with five (5) business days' notice.
B. The Market season shall be defined as commencing on the date set above and constitute every Friday within the respective one (1) year period, with the exception of the single Friday in December when the annual City of Lindsay "Santa Night" is held.
C. In the event of a credible hazard, dangerous condition, or public health emergency, the City reserves the right to cancel Market operations with due notice to Market Operator.
D. Market Operator shall be responsible and assume all liability for street closure(s).
E. Cleanup shall occur during and following every Market event. In no instance shall trash be allowed to accumulate. Cleanup shall include sweeping, operating leaf blowers, and picking up trash as needed. The operation of leaf blowers should take into account the impact of noise on nearby residents and businesses, especially during evening and early morning hours.
F. Market Operator will be granted access to public restrooms at Sweetbriar Plaza and will be responsible for fully stocking, cleaning, and managing the restrooms during the entirety of the Market session.
G. The Market Operator shall coordinate with Mid Valley Disposal to provide appropriate and sufficient waste receptables as needed. The Market Operator should monitor and ensure that neither Market vendors, attendees, or the general public within Market areas deposit any items into or onto storm drain inlets, planters, gutters, or grass/shrub/dirt areas.
H. The City shall provide electricity to Market Operator through use of streetscape outlets and outlets in the "Mercado" area for a pro-rated $250275 monthly fee payable to the City. Additionally, the Market Operator shall provide the City with a security deposit in the amount of one-thousand five hundred dollars ($1,0001,500.00) payable to the City prior to the first market to the season. Said deposit shall be applied to any costs incurred by the City for necessary repairs or replacements of the streetscape outlets and outlets in the "Mercado" area. Any necessary repairs will be performed by the City and the cost of such repairs will be deducted from the deposit.
I. The Market Operator will ensure streetscape outlets are not utilized for high-voltage equipment exceeding 20 amps. Damages to streetscape outlets and outlets in the "Mercado" area due to actions and/or negligent supervision of the Market Operator and/or activities of Market vendors or Market attendees shall be the sole responsibility of the Market Operator to repair or replace or reimburse the City for costs associated with necessary repairs or replacements.
J. Market Operator shall be responsible for providing additional safety lighting.
K. Upon vendor set up and periodically during the Market event, all Market-affected areas shall be inspected by Market Operator staff for dangerous conditions and/or hazards, hidden or otherwise. Market Operator staff shall make reasonable efforts to repair and/or notify the City of any dangerous or hazardous conditions immediately upon their discovery. Under no circumstances shall the Market Operator permit the Market vendors, attendees, or the public more generally to be in proximity of a known hazard.
L. Sidewalks affected by Market activities and other affected areas as identified by the City shall be pressure-washed prior to the first Market of the season and monthly thereafter throughout the Market season. A final pressure-washing of sidewalks affected by Market activities and other affected areas as identified by the City shall occur following the last market of the season. This process shall be evaluated by the City and the schedule confirmed or adjusted in frequency and scope as needed.
M. Market Operator shall ensure all public pathways including sidewalks are kept clear of obstructions such as electrical cords or debris.
N. Market Operator shall submit to the City for approval a Security Plan for Market vendors
and attendees.
0. Market Operator shall comply with S.B. 1383 and the Lindsay Municipal Code 8.34.
P. Market Operator shall provide a Grease Tank in a designated area for vendors to properly dispose of cooking oils and monitor enforcement.
Q. Market Operator will prepare a Final Report to be distributed to the City Manager and presented to City Council at the first regular meeting of the City Council in December or as soon thereafter.
R. Market Operator shall ensure that sufficient portable potties are available per Market capacity and building code regulations (California Plumbing Code section 422.0 & 2022 California Building Code Section 11B).
S. Market Operator shall grant brick-and-mortar restaurant businesses in the Downtown area a reduced participation fee of $100 (from $125) and a waived reservation fee (from $15).
T. Market Operator shall grant brick-and-mortar retailers in the Downtown area a reduced participation fee of $15 (from $25) and a waived reservation fee (from $15).
U. Market Operator shall grant non-profit organizations that distribute informational resources, educational materials, et al. waived participation and reservation fees.
V. Market Operator shall grant non-profit organizations that intend to sell food and/or beverages for consumption a reduced participation fee of $100 (from $125) and a waived reservation fee (from $15).
W. Market Operator shall provide vendors with a Complaint Form in both English and Spanish. Market Operator shall accept and review all Complaint Forms submitted and commit itself in good faith to resolve disputes. If Market Operator is unable to reach a resolution with Complainant(s), the matter shall be escalated to the Friday Night Market Oversight Committee.
X. City shall establish an Oversight Committee consisting of two City Council members and the Market Operator. The Oversight Committee shall have final say in resolving disputes as submitted by vendors through a Complaint Form.
Y. Damages due to actions and/or negligent supervision of the Market Operator and/or activities of Market vendors or Market attendees shall be the sole responsibility of the Market Operator to repair or replace or reimburse for costs associated with necessary repairs or replacements.
II. TERM OF AGREEMENT
The term of the Agreement shall commence on the effective date and continue for a period of one (1) year from the date of the first Market, and subject to extension if circumstances necessitate it
and Parties agree to it in writing.
III. GENERAL PROVISIONS
This Agreement may be terminated by either the City or Market Operator with or without any reason, upon giving thirty (30) days written notice to other Party.
IV. REVENUE SHARE
Market Operator shall pay the City a flat rate of three thousand dollars ($3,000.00) per Market session.
V. LICENSE, PERMITS. FEES AND ASSESSMENTS
The Market Operator shall obtain such licenses, permits and approvals (collectively the "Permits") as may be required by law for the performance of the work and services relating to the Market, and ensure that all vendors possess a City of Lindsay – Farmers Market Business License.
VI. PERSONNEL
All personnel used by the Market Operator will be employees of the Market Operator. Market Operator shall pay all salaries, insurance and expenses, all federal and state taxes. Market Operator must comply with legal requirements including the Federal Fair Labor Standards Act, Equal Opportunity Employment, and the Americans with Disabilities Act.
Under no circumstances or conditions shall any agent, servant, or employee of the Market Operator be considered as an employee of the City of Lindsay.
VII. NON-ASSIGNMENT
This Agreement is not assignable either in whole or in part by Market Operator without the written consent of City.
VIII. INSURANCE
Prior to commencing work, Market Operator shall procure and maintain at Market Operator's own cost and expense for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Market Operator, their agents, representatives, employees, or subcontractors.
The City of Lindsay shall be named as additional insured under such insurance policies and Market Operator shall provide the City with Certificates of Insurance evidencing such insurance and proof of payment of insurance premiums. Market Operator must notify the City within 24 hours of any cancellations or lapses in coverage of such insurance policies.
Without in any way affecting the indemnity provided, the Market Operator shall secure before commencement of the work and throughout the contract the following types and amounts of insurance:
A. Minimum Limits of Insurance
If Market Operator, for any reason, fails to maintain insurance coverage that is required pursuant to this Contract, the same shall be deemed a material breach of contract. CITY, at its sole option, may terminate this Contract and obtain damages from the Market Operator resulting from said breach.
1. Commercial General Liability Insurance. MARKET OPERATOR shall maintain commercial general liability (CGL) with a limit of not less than $1,000,000 each occurrence/$12,000,000 in the annual aggregate, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that the City and is officers, officials, employees, and agents shall be additional insured under such policies. If alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.
2. Business Auto Liability Insurance. MARKET OPERATOR shall maintain business auto liability with a limit of not less than $1,000,000 each accident.
3. Workers' Compensation and Employer's Liability Insurance. Market Operator shall maintain workers' compensation insurance as required by the State of California and Employer's Liability Insurance in the amount of $1,000,000 per accident for bodily injury or disease.
4. Property Damage. Market Operator shall maintain broad form property damage insurance, to include fire legal liability with a limit of not less than $501,000,000 per occurrence.
B. Workers' Compensation and Employer's Liability
The insurer shall agree to waive all rights of subrogation against the City of Lindsay, its officers, officials, employees, and volunteers for losses arising from activities and operations of Market Operator in the performance of services under the contract.
1. If Market Operator, for any reason, fails to maintain insurance coverage that is required pursuant to this Contract, the same shall be deemed a material breach of contract. The City, at its sole option, may terminate this Contract and obtain damages from the Market Operator resulting from said breach.
C. Acceptability of Insurers
Insurance is to be placed with insurer with a current A. M. Best's rating of no less than A:6 unless otherwise approved by the City.
D. Verification of Coverage
Market Operator shall furnish the City of Lindsay with original certificates and amendatory endorsements effecting coverage required by this section. The certificates and endorsements for each policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements should be on forms provided by the City or on other than the City's forms, provided those forms and endorsements conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
E. Sub-Contractors
Market Operator shall include all sub-contractors as insureds under its policies or shall furnish separate certificates and endorsements for each sub-contractor. All coverages for subcontractors shall be subject to all requirements stated herein.
IX. INDEMNIFICATION
The City of Lindsay shall not be liable for any damage, loss, or injury to the person, property or effects of the Market Operator or of any agent, servant, employee, contracted staff, volunteer or patron of the Market Operator on, in, or about the Market activities other than through the negligence attributable to the City. The Market Operator agrees to indemnify, protect, and hold harmless the City of Lindsay against any an all such damages, cost, attorney's fees, or employees.
The Market Operator shall carry workers' compensation insurance for all its employees in accordance with workers' compensation laws of the State of California. The Market Operator will indemnify the City, its officials, and employees against, and hold them harmless from, any and all liability for damages on account of injury to persons or damage to property resulting from or arising out of in any way connected with the performance by the Market Operator of this Agreement, and reimburse the City, its officials and employees for all costs, expenses, and losses incurred in consequence of any claims, demands, and/or causes of action which may be brought against the City arising out of the performance by the Market Operator of this Agreement.
The Market Operator agrees to indemnify and hold the City of Lindsay harmless from any liability, claims, or damages arising out of or in any way connected with the Market Operator's performance.
The Market Operator shall furnish the City with a Certificate of Insurance with limits of at least $1,000,000.00 for bodily injuries on each occurrence and $1,000,000.00 for property damage on each occurrence. The Certificate of Insurance shall state that the contractual liability assumed under this Agreement is covered and shall provide that ten (10) days' notice of cancellation or reduction in coverage shall be provided to the City. Certificates of said coverages shall be filed with the City Clerk before any work or services related to the Market commence.
X. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to its choice of law provisions). If any legal action is necessary to enforce or interpret this Agreement, the Parties agree that such action shall be brought in the Superior Court for the State of California, County of Tulare, or the U.S. District Court for the Central District of California, Western Division. The Parties hereby submit to the exclusive jurisdiction of such courts and waive any other venue to which either Party might be entitled by domicile or otherwise.
XI. ATTORNEYS' FEES
If any Party hereto brings an action or proceeding under this Agreement or to declare rights hereunder, the Prevailing Party in any such proceeding, action, or appeal thereon shall be entitled to recover all reasonable fees, costs and expenses, including reasonable attorneys' fees. Such fees, costs and expenses may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The attorneys' fees award shall not be computed in accordance with any court fee schedule but, shall be such as to fully reimburse all attorneys' fees reasonably incurred. "Prevailing Party" shall mean and include, without limitation, a Party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party of its claim or defense.
XII. SEVERABILITY: NO WAIVER
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the other provisions of this Agreement, which shall remain in full force and effect.
If any of the provisions of this Agreement shall be deemed to be unenforceable by reason of its extent, duration, scope or otherwise, then the Parties contemplate that the court making such determination shall enforce the remaining provisions of this Agreement, and shall reduce such extent, duration, scope, or other provision and shall enforce them in their reduced form for all purposes contemplated by this Agreement. No failure or delay by either Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
XIII. ENTIRE AGREEMENT: ETC.
This Agreement expresses the full and complete understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the subject matter.
This Agreement may not be amended or modified except in writing signed by each of the Parties hereto. This Agreement shall be construed as to its fair meaning and not strictly for or against either Party. The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof.
XIV. COUNTERPARTS; AUTHORITY TO SIGN
This Agreement may be executed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signature pages of this Agreement transmitted by facsimile or sent by email in portable document format (PDF) will have the same legal effect as an original executed signature page. Each of the persons signing on behalf of a Party hereto represents that they have the right and power to execute this Agreement on such Party's behalf.
**SEE FOLLOWING PAGE FOR SIGNATURES**
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in their behalf.
CITY OF LINDSAY:
City of Lindsay
251 E. Honolulu St.
Lindsay, CA 93247
By:
Joseph Tanner Daymon Qualls, City Manager
________________________
City Clerk
VL FRIDAY NIGHT MARKET:
VL Friday Night Market
1121 Maple Ave.
Lindsay, CA 932147
_____________________________________
Virginia Loya, Lead Entity of VL Friday Night Market
APPROVED AS TO FORM:
City Attorney
Legend
Market Boundaries
Northern Portion of Street
Public Parking Lot
Friday Night Market
Boundaries
W. Honolulu St.
W. Samoa St.
W. Hermosa St. E. Hermosa St.
E. Honolulu St.
S. Mirage Ave.
Downtown Fire Site
Allowed Uses:
• Market eating &
seating area
• Market vendor space
• No heavy vehicles
allowed
"Friday Night Market Boundaries" exhibit map signed and accepted respective to I. Scope of Services Section A of the Agreement Between the City of Lindsay and VL Friday Night Market for Services Regarding the F1iday Night Market
City of Lindsay:
City of Lindsay
251 E. Honolulu St
Lindsay, CA 93247
____________________________________
Daymon Qualls, City Manager
Date: _____________________________
VL Friday Night Market:
VL Friday Night Market
1121 Maple Ave.
Lindsay, CA, 93247
By:
Virgina Loya, Lead Entity of
VL Friday Night Market
Date:
AGREEMENT BETWEEN THE CITY OF LINDSAY AND VL FRIDAY NIGHT MARKET FOR
SERVICES REGARDING THE FRIDAY NIGHT MARKET
This Agreement is made and entered into as of the______ of____ 2024 (the "Effective Date") by and between the CITY OF LINDSAY, a municipal corporation (the "City") and the VL FRIDAY NIGHT MARKET, a private company (the "Market Operator"), duly organized and existing under and by virtue of the laws of the State of California
This Agreement shall be effective as of the date set above and shall be for a period of one (1) year from the date of the first Market of the season. The City and Market Operator shall constitute the parties.
I. SCOPE OF SERVICES
Market Operator shall provide all staff, materials, equipment, and labor to coordinate a Friday Night Market, hereinafter called ("Market") as described in the VL FRIDAY NIGHT MARKET proposal. Market Operator further agrees to comply with all applicable laws, ordinances, and rules imposed by the City of Lindsay, state and federal agencies. In the event of a conflict among this Agreement and the VL FRIDAY NIGHT MARKET proposal, this Agreement shall take precedence.
Services and maintenance provided by the Market Operator shall respectively include, but are not limited to those described herein:
A. THE VL FRIDAY NIGHT MARKET shall be permitted to operate within the City of Lindsay in an area defined by the City and provided to the Market Operator prior to the first market of the season and shall be subject to amendment by the City with five (5) business days' notice.
B. The Market season shall be defined as commencing on the date set above and constitute every Friday within the respective one (1) year period, with the exception of the single Friday in December when the annual City of Lindsay "Santa Night" is held.
C. In the event of a credible hazard, dangerous condition, or public health emergency, the City reserves the right to cancel Market operations with due notice to Market Operator.
D. Market Operator shall be responsible and assume all liability for street closure(s).
E. Cleanup shall occur during and following every Market event. In no instance shall trash be allowed to accumulate. Cleanup shall include sweeping, operating leaf blowers, and picking up trash as needed. The operation of leaf blowers should take into account the impact of noise on nearby residents and businesses, especially during evening and early morning hours.
F. Market Operator will be granted access to public restrooms at Sweetbriar Plaza and will be responsible for fully stocking, cleaning, and managing the restrooms during the entirety of the Market session.
G. The Market Operator shall coordinate with Mid Valley Disposal to provide appropriate and sufficient waste receptables as needed. The Market Operator should monitor and ensure that neither Market vendors, attendees, or the general public within Market areas deposit any items into or onto storm drain inlets, planters, gutters, or grass/shrub/dirt areas.
H. The City shall provide electricity to Market Operator through use of streetscape outlets and outlets in the "Mercado" area for a pro-rated $275 monthly fee payable to the City.
Additionally, the Market Operator shall provide the City with a security deposit in the amount of one-thousand five hundred dollars ($1,500.00) payable to the City prior to the first market to the season. Said deposit shall be applied to any costs incurred by the City for necessary repairs or replacements of the streetscape outlets and outlets in the "Mercado" area. Any necessary repairs will be performed by the City and the cost of such repairs will be deducted from the deposit.
I. The Market Operator will ensure streetscape outlets are not utilized for high-voltage equipment exceeding 20 amps. Damages to streetscape outlets and outlets in the "Mercado" area due to actions and/or negligent supervision of the Market Operator and/or activities of Market vendors or Market attendees shall be the sole responsibility of the Market Operator to repair or replace or reimburse the City for costs associated with necessary repairs or replacements.
J. Market Operator shall be responsible for providing additional safety lighting.
K. Upon vendor set up and periodically during the Market event, all Market-affected areas shall be inspected by Market Operator staff for dangerous conditions and/or hazards, hidden or otherwise. Market Operator staff shall make reasonable efforts to repair and/or notify the City of any dangerous or hazardous conditions immediately upon their discovery. Under no circumstances shall the Market Operator permit the Market vendors, attendees, or the public more generally to be in proximity of a known hazard.
L. Sidewalks affected by Market activities and other affected areas as identified by the City shall be pressure-washed prior to the first Market of the season and monthly thereafter throughout the Market season. A final pressure-washing of sidewalks affected by Market activities and other affected areas as identified by the City shall occur following the last market of the season. This process shall be evaluated by the City and the schedule confirmed or adjusted in frequency and scope as needed.
M. Market Operator shall ensure all public pathways including sidewalks are kept clear of obstructions such as electrical cords or debris.
N. Market Operator shall submit to the City for approval a Security Plan for Market vendors
and attendees.
0. Market Operator shall comply with S.B. 1383 and the Lindsay Municipal Code 8.34.
P. Market Operator shall provide a Grease Tank in a designated area for vendors to properly dispose of cooking oils and monitor enforcement.
Q. Market Operator will prepare a Final Report to be distributed to the City Manager and presented to City Council at the first regular meeting of the City Council in December or as soon thereafter.
R. Market Operator shall ensure that sufficient portable potties are available per Market capacity and building code regulations (California Plumbing Code section 422.0 & 2022 California Building Code Section 11B).
S. Market Operator shall grant brick-and-mortar restaurant businesses in the Downtown area a reduced participation fee of $100 (from $125) and a waived reservation fee (from $15).
T. Market Operator shall grant brick-and-mortar retailers in the Downtown area a reduced participation fee of $15 (from $25) and a waived reservation fee (from $15).
U. Market Operator shall grant non-profit organizations that distribute informational resources, educational materials, et al. waived participation and reservation fees.
V. Market Operator shall grant non-profit organizations that intend to sell food and/or beverages for consumption a reduced participation fee of $100 (from $125) and a waived reservation fee (from $15).
W. Market Operator shall provide vendors with a Complaint Form in both English and Spanish. Market Operator shall accept and review all Complaint Forms submitted and commit itself in good faith to resolve disputes. If Market Operator is unable to reach a resolution with Complainant(s), the matter shall be escalated to the Friday Night Market Oversight Committee.
X. City shall establish an Oversight Committee consisting of two City Council members and the Market Operator. The Oversight Committee shall have final say in resolving disputes as submitted by vendors through a Complaint Form.
Y. Damages due to actions and/or negligent supervision of the Market Operator and/or activities of Market vendors or Market attendees shall be the sole responsibility of the Market Operator to repair or replace or reimburse for costs associated with necessary repairs or replacements.
II. TERM OF AGREEMENT
The term of the Agreement shall commence on the effective date and continue for a period of one (1) year from the date of the first Market, and subject to extension if circumstances necessitate it
and Parties agree to it in writing.
III. GENERAL PROVISIONS
This Agreement may be terminated by either the City or Market Operator with or without any reason, upon giving thirty (30) days written notice to other Party.
IV. REVENUE SHARE
Market Operator shall pay the City a flat rate of three thousand dollars ($3,000.00) per Market session.
V. LICENSE, PERMITS. FEES AND ASSESSMENTS
The Market Operator shall obtain such licenses, permits and approvals (collectively the "Permits") as may be required by law for the performance of the work and services relating to the Market, and ensure that all vendors possess a City of Lindsay – Farmers Market Business License.
VI. PERSONNEL
All personnel used by the Market Operator will be employees of the Market Operator. Market Operator shall pay all salaries, insurance and expenses, all federal and state taxes. Market Operator must comply with legal requirements including the Federal Fair Labor Standards Act, Equal Opportunity Employment, and the Americans with Disabilities Act.
Under no circumstances or conditions shall any agent, servant, or employee of the Market Operator be considered as an employee of the City of Lindsay.
VII. NON-ASSIGNMENT
This Agreement is not assignable either in whole or in part by Market Operator without the written consent of City.
VIII. INSURANCE
Prior to commencing work, Market Operator shall procure and maintain at Market Operator's own cost and expense for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Market Operator, their agents, representatives, employees, or subcontractors.
The City of Lindsay shall be named as additional insured under such insurance policies and Market Operator shall provide the City with Certificates of Insurance evidencing such insurance and proof of payment of insurance premiums. Market Operator must notify the City within 24 hours of any cancellations or lapses in coverage of such insurance policies.
Without in any way affecting the indemnity provided, the Market Operator shall secure before commencement of the work and throughout the contract the following types and amounts of insurance:
A. Minimum Limits of Insurance
If Market Operator, for any reason, fails to maintain insurance coverage that is required pursuant to this Contract, the same shall be deemed a material breach of contract. CITY, at its sole option, may terminate this Contract and obtain damages from the Market Operator resulting from said breach.
1. Commercial General Liability Insurance. MARKET OPERATOR shall maintain commercial general liability (CGL) with a limit of not less than $1,000,000 each occurrence/$2,000,000 in the annual aggregate, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that the City and is officers, officials, employees, and agents shall be additional insured under such policies. If alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.
2. Business Auto Liability Insurance. MARKET OPERATOR shall maintain business auto liability with a limit of not less than $1,000,000 each accident.
3. Workers' Compensation and Employer's Liability Insurance. Market Operator shall maintain workers' compensation insurance as required by the State of California and Employer's Liability Insurance in the amount of $1,000,000 per accident for bodily injury or disease.
4. Property Damage. Market Operator shall maintain broad form property damage insurance, to include fire legal liability with a limit of not less than $1,000,000 per occurrence.
B. Workers' Compensation and Employer's Liability
The insurer shall agree to waive all rights of subrogation against the City of Lindsay, its officers, officials, employees, and volunteers for losses arising from activities and operations of Market Operator in the performance of services under the contract.
1. If Market Operator, for any reason, fails to maintain insurance coverage that is required pursuant to this Contract, the same shall be deemed a material breach of contract. The City, at its sole option, may terminate this Contract and obtain damages from the Market Operator resulting from said breach.
C. Acceptability of Insurers
Insurance is to be placed with insurer with a current A. M. Best's rating of no less than A:6 unless otherwise approved by the City.
D. Verification of Coverage
Market Operator shall furnish the City of Lindsay with original certificates and amendatory endorsements effecting coverage required by this section. The certificates and endorsements for each policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements should be on forms provided by the City or on other than the City's forms, provided those forms and endorsements conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
E. Sub-Contractors
Market Operator shall include all sub-contractors as insureds under its policies or shall furnish separate certificates and endorsements for each sub-contractor. All coverages for subcontractors shall be subject to all requirements stated herein.
IX. INDEMNIFICATION
The City of Lindsay shall not be liable for any damage, loss, or injury to the person, property or effects of the Market Operator or of any agent, servant, employee, contracted staff, volunteer or patron of the Market Operator on, in, or about the Market activities other than through the negligence attributable to the City. The Market Operator agrees to indemnify, protect, and hold harmless the City of Lindsay against any an all such damages, cost, attorney's fees, or employees.
The Market Operator shall carry workers' compensation insurance for all its employees in accordance with workers' compensation laws of the State of California. The Market Operator will indemnify the City, its officials, and employees against, and hold them harmless from, any and all liability for damages on account of injury to persons or damage to property resulting from or arising out of in any way connected with the performance by the Market Operator of this Agreement, and reimburse the City, its officials and employees for all costs, expenses, and losses incurred in consequence of any claims, demands, and/or causes of action which may be brought against the City arising out of the performance by the Market Operator of this Agreement.
The Market Operator agrees to indemnify and hold the City of Lindsay harmless from any liability, claims, or damages arising out of or in any way connected with the Market Operator's performance.
The Market Operator shall furnish the City with a Certificate of Insurance with limits of at least $1,000,000.00 for bodily injuries on each occurrence and $1,000,000.00 for property damage on each occurrence. The Certificate of Insurance shall state that the contractual liability assumed under this Agreement is covered and shall provide that ten (10) days' notice of cancellation or reduction in coverage shall be provided to the City. Certificates of said coverages shall be filed with the City Clerk before any work or services related to the Market commence.
X. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to its choice of law provisions). If any legal action is necessary to enforce or interpret this Agreement, the Parties agree that such action shall be brought in the Superior Court for the State of California, County of Tulare, or the U.S. District Court for the Central District of California, Western Division. The Parties hereby submit to the exclusive jurisdiction of such courts and waive any other venue to which either Party might be entitled by domicile or otherwise.
XI. ATTORNEYS' FEES
If any Party hereto brings an action or proceeding under this Agreement or to declare rights hereunder, the Prevailing Party in any such proceeding, action, or appeal thereon shall be entitled to recover all reasonable fees, costs and expenses, including reasonable attorneys' fees. Such fees, costs and expenses may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The attorneys' fees award shall not be computed in accordance with any court fee schedule but, shall be such as to fully reimburse all attorneys' fees reasonably incurred. "Prevailing Party" shall mean and include, without limitation, a Party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party of its claim or defense.
XII. SEVERABILITY: NO WAIVER
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the other provisions of this Agreement, which shall remain in full force and effect.
If any of the provisions of this Agreement shall be deemed to be unenforceable by reason of its extent, duration, scope or otherwise, then the Parties contemplate that the court making such determination shall enforce the remaining provisions of this Agreement, and shall reduce such extent, duration, scope, or other provision and shall enforce them in their reduced form for all purposes contemplated by this Agreement. No failure or delay by either Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
XIII. ENTIRE AGREEMENT: ETC.
This Agreement expresses the full and complete understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the subject matter.
This Agreement may not be amended or modified except in writing signed by each of the Parties hereto. This Agreement shall be construed as to its fair meaning and not strictly for or against either Party. The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof.
XIV. COUNTERPARTS; AUTHORITY TO SIGN
This Agreement may be executed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signature pages of this Agreement transmitted by facsimile or sent by email in portable document format (PDF) will have the same legal effect as an original executed signature page. Each of the persons signing on behalf of a Party hereto represents that they have the right and power to execute this Agreement on such Party's behalf.
**SEE FOLLOWING PAGE FOR SIGNATURES**
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in their behalf.
CITY OF LINDSAY:
City of Lindsay
251 E. Honolulu St.
Lindsay, CA 93247
By:
Daymon Qualls, City Manager
________________________
City Clerk
VL FRIDAY NIGHT MARKET:
VL Friday Night Market
1121 Maple Ave.
Lindsay, CA 932147
_____________________________________
Virginia Loya, Lead Entity of VL Friday Night Market
APPROVED AS TO FORM:
City Attorney
Legend
Market Boundaries
Northern Portion of Street
Public Parking Lot
Friday Night Market
Boundaries
W. Honolulu St.
W. Samoa St.
W. Hermosa St. E. Hermosa St.
E. Honolulu St.
S. Mirage Ave.
Downtown Fire Site
Allowed Uses:
• Market eating &
seating area
• Market vendor space
• No heavy vehicles
allowed
"Friday Night Market Boundaries" exhibit map signed and accepted respective to I. Scope of Services Section A of the Agreement Between the City of Lindsay and VL Friday Night Market for Services Regarding the F1iday Night Market
City of Lindsay:
City of Lindsay
251 E. Honolulu St
Lindsay, CA 93247
____________________________________
Daymon Qualls, City Manager
Date: _____________________________
VL Friday Night Market:
VL Friday Night Market
1121 Maple Ave.
Lindsay, CA, 93247
By:
Virgina Loya, Lead Entity of
VL Friday Night Market
Date:
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: October 8, 2024
DEPARTMENT: City Manager
FROM: Maegan Peton, City Clerk and Assistant to the City Manager AGENDA TITLE: Lindsay Economic Development Committee Member Selection
ACTION & RECOMMENDATION
Select up to five (5) members from the applications provided to serve as the Committee Members for the Lindsay Economic Development Committee; and select two (2) Council members and three (3) City staff to serve as the remaining members.
BACKGROUND | ANALYSIS
At the September 10, 2024, Council Meeting, the City Council adopted Resolution No. 24-31 formally establishing the Lindsay Economic Development Committee and approved the bylaws by which the Committee will adhere to. After the Council Meeting, staff developed an online application and began accepting member applications. The last day for the public to submit applications was Wednesday, September 25, 2024. Five applications were received.
FISCAL IMPACT
There is no fiscal impact directly associated with this action. However, indirect costs may include staff time for attending the Lindsay Economic Development meetings.
ATTACHMENTS
1. Member Applications
Reviewed/Approved: ______
Item #: 11.4
Action Items
Henry E Villanueva, Ed.D.
Education:
ED.D.
MS - Counseling
BA - Chicano Studies
Professional Experience:
25 years as Administrator, Faculty and Researcher in higher education 12 years as Quality Assurance Manager for Ventura County Behavioral Health 5 years as migrant education counselor
Community Service:
50 years working with community-based organizations and non-profit organizations in the areas of education, mental health and social services. Have served as organizer, trainer and advocate for disenfranchised communities.
Recent Engagement:
Working with Padres Juntos of Oxnard in the development of a strategic Plan and the obtainment of a 501C3.
Serve on the Ventura County Latino Reducing Disparities Committee addressing mental health needs.
Serve as a volunteer with the United Farm Workers organization.
Serve as an advocate for disenfranchised low-income Latinos dealing with social services and education.
Personal:
Second generation Mexican born in the United States. My family were Farm Workers, and worked in farm labor from age 8 through age 18. Father’s family is from Guanajuato, Mexico and Mother’s family is from Chihuahua, Mexico. Grew up in Visalia CA in the Central San Joaquin Valley.
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: October 8, 2024
DEPARTMENT: City Services
FROM: Kira Stowell, Contract City Planner
AGENDA TITLE: Operations and Maintenance Agreement with Porterville Citrus, Inc
ACTION & RECOMMENDATION
Approve Resolution 24-36, authorizing the City Manager to execute an Operations and Maintenance Agreement for a conveyor bridge owned and operated by Porterville Citrus, Inc once all requirements are met.
BACKGROUND | ANALYSIS
Porterville Citrus, Inc., owner of two parcels; APN: 205-220-014-000 and APN: 205-271-037-000 (201 South Sweetbriar Avenue), currently operates a conveyor bridge from one property to the next above West Lewis Street. Porterville Citrus, Inc. “Owner” wishes to make upgrades to the existing conveyor bridge. In order to protect the interests of the City of Lindsay “City”, an Operations and Maintenance Agreement “Agreement” is proposed. The proposed Agreement outlines the responsibilities of the Owner to maintain, repair, and service the conveyor bridge and indemnifies the City of any legal or financial obligations related to the bridge.
The Agreement, drafted by the Owner, has been reviewed by City staff and the City Attorney and found to be satisfactory. The Owner is responsible for obtaining an Encroachment Permit to upgrade the existing conveyor bridge. The Agreement protects the City’s interests and requires the Owner to hire a licensed California contractor to conduct annual inspections of the bridge. Inspection reports must be submitted to the City within 30 days. The City is also granted access to enter that portion of the Owner’s property where the conveyor bridge is located, and to inspect the bridge whenever the City deems it necessary to enforce the Encroachment Permit, the Agreement, and/or applicable laws. Once executed and recorded, the Agreement cannot be cancelled unless agreed upon by both parties or upon the City’s determination that the use of the encroachment area, or any portion thereof, is required for any municipal or public utility purpose, or Owner’s use is detrimental to or not in furtherance of the public health, safety, welfare, and interest, followed by giving the Owner at least sixty (60) days prior written notice of its decision to do so.
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
There is no fiscal impact associated with this action.
ATTACHMENTS
1. Location Map
2. Draft Operations and Maintenance Agreement
3. Resolution 24-36
Reviewed/Approved: ______
Item #: 11.5
Action Items
Location Map
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 24-36
NUMBER 24-36
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LINDSAY, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
OPERATIONS AND MAINTENANCE AGREEMENT FOR A
CONVEYOR BRIDGE OWNED AND OPERATED BY PORTERVILLE
CITRUS, INC FOR PROPERTIES LOCATED AT 201 SOUTH
SWEETBRIAR AVENUE, LINDSAY, CA 93247 (APNS: 205-220-014 AND 205-271-037) ONCE ALL REQUIREMENTS ARE MET
At a regularly scheduled meeting of the City of Lindsay City Council held on October 8, 2024, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, Porterville Citrus, Inc., owner of two parcels; APN: 205-220-014-000 and APN:
205-271-037-000 (201 South Sweetbriar Avenue), wishes to make upgrades to an existing conveyor bridge that runs from one property to the next above West Lewis Street; 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, in order to protect the interests of the City of Lindsay “City”, an Operations and Maintenance Agreement “Agreement” is proposed. The proposed Agreement outlines the responsibilities of the Owner to maintain, repair, and service the conveyor bridge and indemnifies the City of any legal or financial obligations related to the bridge; and WHEREAS, the Agreement, drafted by the Owner, has been reviewed by City staff, the City Council, and the City Attorney and found to be satisfactory.
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 the execution of the Operations and Maintenance Agreement:
1. The Owner is responsible for obtaining an Encroachment Permit to upgrade the existing conveyor bridge.
2. Property Owner shall obtain, at Property Owner's sole cost and expense, any and all permits and approvals required for the conveyor bridge and all (if any) environmental reviews including without limitation those pertaining to the California
Environmental Quality Act (CEQA).
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 24-36
SECTION 2. 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 3. The City Manager is hereby authorized to affix their signature to execute the Operation and Maintenance Agreement once all requirements are met.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 24-36
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE October 8, 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: October 8, 2024
DEPARTMENT: City Services
FROM: Mauricio Mendoza, Engineer Technician
Agenda Title: Work Authorization for QK, Inc for Construction Staking 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 $66,700 for Construction Staking Services for the Olive Bowl and Kaku Park Renovation Project.
BACKGROUND | ANALYSIS
The City of Lindsay has prioritized the Olive Bowl and Kaku Renovation Project to address the need for upgrades and improvements to these parks. Initially identified as a priority in 2019, this project is intended to enhance recreational facilities to meet the demands of the city’s growing population and increasing interest in baseball and softball. With over 500 new housing units constructed near the project site, expanding and renovating these parks has become essential.
The project will be funded through a combination of sources, including $3.67 million from the California State Parks-Prop 68 Grant, $4.65 million from the Clean California Grant, and $1.76 million from the American Rescue Plan Act (ARPA), for a total funding amount of $10,083,172. The scope includes, but is not limited to:
• Renovation of one baseball field and two softball fields. • Installation of new playground equipment.
• Construction of walking paths and restroom/concession/storage buildings. • Irrigation, landscaping, and tree planting.
During the initial phases of the Olive Bowl and Kaku Renovation Project, the coordination of staking services was not finalized prior to project commencement due to an oversight in scheduling amidst concurrent project activities. This resulted in a delay in organizing the necessary staking services. To address this, we have promptly engaged a qualified firm to provide staking services to ensure the project proceeds without further delay. We recognize the importance of scheduling all essential services ahead of time and are implementing measures to improve our project management processes to prevent similar oversights in the future.
Due to the tight project timeline, the City solicited an informal request for proposals for the staking services and received two bids for the Olive Bowl project. After careful review, the City has selected QK Inc to provide the staking services.
QK was selected due to their familiarity with the project site and more comprehensive proposal. QK performed the topographic survey for the project, giving them an immediate advantage in understanding the site’s control points and allowing them to commence work more efficiently. Their proposal also provided a detailed breakdown of mobilizations and tasks, ensuring a clear and structured approach to the staking services.
Although 4Creeks offered a competitive price, QK’s prior involvement, extensive scope, and fixed pricing provided greater value and reliability for the project.
Item #: 11.6
Action Items
QK Inc will work closely with the City to ensure the timely completion of the staking services and adherence to budget constraints.
The proposed fees for the additional work are outlined in the table below:
• QK’s Proposal includes:
Task Description Fee Fee Type
Construction Staking $ 66,700 Fixed Fee
Re-Staking or Additional Staking $ 0.00 T&M
Total $ 66,700
T&M stands for Time & Materials, meaning the company will charge for actual time/material spent.
FISCAL IMPACT
This project will be paid for from the following funding sources:
Fund No. Fund Description Budget Budget FY
600 State Parks – Prop 68 Grant $3,670,437 2020-2021
600 Clean California Grant $4,650,920 2020-2021
600 American Rescue Plan Act $1,761,815 2020-2021
Total $10,083,172
Breakdown of Construction Services
Construction Contract: $7,768,867.55
Construction Management: $579,170.70
Construction Staking: $66,700 (Pending Council Approval)
ATTACHMENTS
1. QK Inc Proposal and Work Authorization
2. 4Creeks Proposal
Reviewed/Approved: ______
October 2, 2024
Joseph Avina
Acting Director of City Services & Planning
City of Lindsay
PO Box 369
Lindsay, CA 93247
Subject: Construction Staking Services for Olive Bowl/Kaku Park Renovation Project Dear Mr. Avina:
QK is pleased to provide this proposal to address the City of Lindsay’s (City) need for construction staking services on the Olive Bowl/Kaku Park Renovation Project. These services will coordinate with the design services by others to complete the development of the project.
BACKGROUND
The City has contracted with Moore Iacofano Goltsman, Inc. (MIG) to provide design documents for the renovation.
The City has advertised the Request for Qualifications (RFQ) for Construction Management Services and plans to award under separate agreement for this project. This proposal is for construction staking services to support construction.
PROJECT UNDERSTANDING
The City will be renovating the existing park with new baseball/softball fields, lighting, and restroom/concession facilities, adding basins and parking, accessible walkways, landscaping, playground and adult exercise equipment upon full build out. City services for underground water, sewer and drainage systems will be upgraded, along with power supply and related facilities at the existing Olive Bowl Park on Olive Avenue in Lindsay, California. Based on the plans provided by MIG, the following scope of services have been identified for Construction Staking for Phase One.
Alternate A and B areas will be proposed on upon notification that the development is ready in these areas.
APPROACH/SCOPE OF SERVICES
QK proposes to provide construction staking services as follows:
TASK 1.0 CONSTRUCTION STAKING
QK will provide one set of construction control stakes for the items listed herein. The following items are included in the construction staking scope of services:
1. Demo and sawcut marking.
a. Angle points, and every 100 feet.
b. Includes one mobilization.
2. Rough staking.
a. Includes one mobilization.
3. Storm drain staking.
a. 50-foot stationing, plus angle points, manholes, catch basins, and stubs. b. Grades given to flow line of pipe and MH rim elevations. c. Includes one mobilization.
Mr. Joseph Avina, City of Lindsay Page 2 of 3
October 2, 2024
4. Sanitary sewer main including manholes and sewer stubs. a. 50-foot stationing, plus angle points, manholes and stubs. b. Grades given to flow line of pipe and MH rim elevations. c. Includes one mobilization.
5. Water staking.
a. 50-foot stationing, plus angle points, tees, points of connection. b. Water fountain.
c. Grades given to top of pavement or finished grade.
d. To be done with Sewer. No separate mobilization included.
6. Curb and gutter staking.
a. Includes BC’s, EC’s, Grade breaks, PRC’s, and radius points and intervals of every 50 feet. b. Includes one mobilization.
7. Concrete flatwork staking.
a. Walkways, centerline of ramps.
b. Basketball court.
c. Includes two mobilizations.
8. Concession stand and restroom building corners.
a. Includes one half-day mobilization.
9. Trash enclosures.
a. Includes one half-day mobilization.
10. Block wall/retaining wall and fence staking.
a. 50-foot stationing, plus angle points.
b. Includes two mobilizations.
11. On-site lighting.
a. One centerline and one line point stake for each light. b. Includes two mobilizations.
c. Excludes dry-utility trench/vault and box staking.
12. Provide cut sheets and staking diagram post mobilization.
The overall staking scope is limited to 12 full day mobilizations.
Deliverables:
• Hub/nail set for vertical & horizontal reference, with lath at each stake out point. • Cut sheets and staking diagram post mobilization.
TASK 2.0 RE-STAKING OR ADDITIONAL STAKING
This task is presented to accommodate the possibility of re-staking efforts, partial day staking or mobilizations requested that are not included in the scope of Task 1.0. It is being set up to be a convenient avenue for QK to aid in the timely construction of the project.
If any re-staking or additional staking efforts are requested by a contractor or the client, QK will inform the client and request that QK be approved to perform the work. Upon approval, QK will open a subtask for each request.
Any work under this task will be performed on a time and materials (T&M) basis.
SCHEDULE
The following schedule breakdown is based on a 270 calendar-day construction period. If the general contract extends beyond that timeframe, an adjustment in the budget will need to be made.
Task Description Duration
1.0 Construction Staking 270 days
2.0 Re-Staking or Additional Staking 270 days
Total Duration 270 days
Mr. Joseph Avina, City of Lindsay Page 3 of 3
October 2, 2024
FEE ESTIMATE
Task Description Fee Type Fee Amount
1.0 Construction Staking Fixed Fee $66,700
2.0 Re-staking or Additional Staking T&M $0.00
Total Fee $66,700
Notes:
1. Expenses for reproduction, mailing, mileage, etc. are included in the fixed fee above and billed per our attached Charge Rate Schedule.
2. Tasks billed by fixed fees will be invoiced monthly based on the percentage of work completed.
3. Additional Services requested in writing and approved by the client will be provided on a time-and-materials basis.
4. The Fee Estimate is good for a period of 90 days from the date of the proposal. After 90 days, the Fee Estimate is subject to change.
5. Fees for field surveying activities are subject to the payment of Prevailing Wages for Tulare County.
EXCLUSIONS AND ASSUMPTIONS
• County and/or State Encroachment Permits are not included. • Biological Clearance Surveys or Mitigation Monitoring are not included. • One set of stakes will be set upon request for the specified items listed in this proposal. After stakes are set, it is the responsibility of the contractor for the condition of the stakes. • Re-staking or additional items not specifically mentioned herein are not included. Task 2.0 is included in the Fee Estimate above for additional services (only authorized upon Client request). • Advance notice of 72 hours is required prior to mobilization. Notice must be provided in the form of QK’s staking request form submitted to [email protected]. • Site control points set by QK are to be maintained whenever possible throughout the duration of the project.
Should control points need to be replaced due to construction activity, replacement of said control points will be at the contractor’s expense.
• Cut-sheets will be reviewed by a professional land surveyor, stamped, signed, and delivered to the contractor upon request. While QK does its best to deliver as soon as possible said cut-sheets, QK requests a minimum of 24 hours between the conclusion of any staking effort and the delivery of said cut-sheets.
AUTHORIZATION OF SERVICES
In order to authorize the services described herein, please sign the attached Task Order and send it back to us.
Typically, we can begin our services within 10 business days of the time authorization is received depending on client need and schedule constraints.
Thank you for the opportunity to propose on this project. If you have any questions or would like to discuss this proposal further, please contact Antonio Westerlund or Mick Padgett at (559) 449-2400. We look forward to working with you on this important project.
Sincerely,
Antonio Westerlund, PLS, CFedS Amber Aguayo
Assistant City Surveyor CFO/COO
Enclosures: Task Order
Charge Rate Schedule
cc: Neyba Amezcua, QK
P240549
BG/AW/MP/AA
P240549 October 2, 2024
CITY OF LINDSAY
WORK AUTHORIZATION AND TASK ORDER
OLIVE BOWL/KARUK PARK RENOVATION PROJECT –
CONSTRUCTION STAKING SERVICES
Project No.___________
Project #: Phase #: Task#:
Project Title: Olive Bowl/Karuk Park Renovation Project – Construction Staking Services Project Description: Provide Construction Staking Services to the City of Lindsay for the Olive Bowl/Karuk Park Renovation Project as described in the attached proposal dated October 2, 2024.
Scope of Work: See attached proposal dated October 2, 2024.
Period of Performance: See attached proposal dated October 2, 2024.
Budget: $66,700.00 (Fixed Fee) as described in the attached proposal dated October 2, 2024.
Special Terms and Conditions:
All of the terms and conditions of the City Engineering Services Agreement between the City of Lindsay and Quad Knopf, Inc. dba QK dated February 23, 2021 and Addendum No. 1 dated March 16, 2023, are incorporated by reference as if fully set forth herein.
Invoicing Requirements:
Payment Terms: Net 30 Days
Contract Type: Time & Materials: $ Fixed Fee $66,700.00 (Task 1.0) Invoice Frequency: Monthly
Quad Knopf, Inc. dba QK City of Lindsay
By:
Signature
By:
Signature
Name: Amber Aguayo
Title: CFO/COO
Name: Joseph Avina______________________
Title: Acting Director of City Services & Planning
Date: Date:
Charge Rate Schedule
324 S. Santa Fe Street, Suite A
Visalia, California 93292
www.4-creeks.com
September 26, 2024
Mauricio Mendoza
Engineering Technician
City of Lindsay
[email protected]
559-652-7102
Subject: Scope of Work and Fee for Olive Bowl/Kaku Park-Construction Staking (Lindsay, Ca) Dear Mr. Mendoza,
We are pleased to prepare the attached proposal for your consideration. We have developed a thorough scope of work, as well as a Time and Materials Estimated fee for the construction staking needed on the Olive Bowl/Kaku Park (Phase 1).
We are excited to work with you on this project. After you have reviewed the enclosed revised documents, please let us know if you have any questions or comments. If acceptable, we will provide contract documents for signature. Please advise the entity to which this contract should be addressed.
Sincerely,
Randy Wasnick, PLS 8163
encl: Attachment A – Scope of Work and Fees
324 S. Santa Fe Street, Suite A
Visalia, California 93292
www.4-creeks.com
SCOPE OF WORK
Task Overview
Task 1: Construction Staking
4Creeks plans to perform the following construction staking services for Phase 1 of Olive Bowl/Kaku Park, located in the City of Lindsay. The following staking items will be provided:
• Re-establish control (horizontal & vertical)
• Stake site features, including:
• Demo
• Rough grade
• Wet utilities (storm drain, sanitary sewer, and water) • Electrical utilities (lights)
• Curb and gutter
• Flatwork/Concrete
• Play Areas (pads/slabs)
• Building Corners (Restroom/Concession)
• Block wall/Fences
• Provide point/cut sheets upon request
The above-described Task 1 services will be provided on a Time & Materials basis for an estimated fee of $58,000. The above scope assumes a single set of stakes for the appropriate items. Any additional items requested not specifically mentioned above or any re-staking will be billed as “extra” on a Time and Materials basis, via Task 2 herein.
Task 2: Construction Staking (Re-staking)
Re-staking for any lost, damaged, or modified staking performed under Task 1 (above):
The above-described Task 2 services will be provided on a Time & Materials basis for an estimated fee of $10,000. The above scope is for any re-staking performed under Task 1 herein.
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: October 8, 2024
DEPARTMENT: City Manager
FROM: Daymon Qualls, City Manager
AGENDA TITLE: Opportunities for Developing City-Owned Vacant Properties
ACTION & RECOMMENDATION
Review a presentation on select City-owned vacant properties, discuss and evaluate potential development opportunities for each site, and provide guidance to staff.
BACKGROUND | ANALYSIS
As the City of Lindsay explores new development and redevelopment opportunities, it is important to consider the potential of City-owned vacant properties. Currently, there are two such properties that have been vacant for several years and are of particular interest. With renewed focus on downtown revitalization, staff seeks Council’s direction on the following:
Vacant Lot – Corner of Honolulu and Elmwood
In June 2021, a fire severely damaged a half-block area on the corner of Elmwood and Honolulu in downtown Lindsay, destroying four businesses. In response, $250,000 in ARPA funds were later allocated for debris removal. In July 2023, the City Council approved the Downtown Lindsay Demolition and Cleanup Project, awarding a $247,000 contract to Resource Environmental, Inc. The project was completed in September 2023.
In February 2024, City staff met with KriStar Development LLC, which expressed interest in purchasing the property. KriStar proposed developing 108 residential units and three commercial lease spaces. However, in May 2024, the sale was put on hold pending the outcome of a water study.
An appraisal report prepared by Dennis L. Schneider in April of 2024 concluded that the current market value for these properties is $390,000.
284 Hermosa Street
Acquired from the Bank of the Sierra after foreclosure, this property was formerly a local church. It has been vacant for an extended period, with boarded-up windows and recent fire damage to the interior. There has been interest from certain developers for converting the structure into a quick-service food establishment.
However, there have reportedly been discussions with Self Help Enterprises regarding remodeling the structure and using it for office space for public benefit purposes.
Discussion:
Considering the information provided, staff is seeking Council’s input on how to proceed with both locations.
Staff is prepared to act swiftly, based on Council's direction.
FISCAL IMPACT
The fiscal impact of this item is yet to be determined.
ATTACHMENTS
1. Presentation – Vacant City-Owned Properties
Reviewed/Approved: ______
Item #: 12.1
Discussion Items
VACANT PROPERTIES CITY-OWNED
Presentation to the Lindsay City Council
September 24, 2024
100 Elmwood Avenue
CITY-OWNED
• Current Use: Vacant
• Historic Use: Retail
KriStar Development
R I S I N G U P F R O M T H E A S H E S . . . E M E R G E S T H E JE W E L O F T H E C E N T R A L V A L L E Y Downtown Lindsay Re-Development Project
284 Hermosa Street
CITY-OWNED
• Current Use: Vacant
• Historic Use: Church
• Building Sq. Ft.: 4,800
• Year Built: 1926
DISCUSSION…