DOS PALOS CITY COUNCIL
REGULAR MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue
Dos Palos, California, USA
6:00 pm, Tuesday, April 19, 2022
A. CALL TO ORDER:
I. Flag Salute:
2. Invocation:
3. Roll Call:
4. Urgency Additions or Deletions:
by Mayor April Hogue
by Mayor Pro Tern Debbie Orlando
by Councilmember Thomas Pigg
by City Clerk Ysidro Garcia
Requires urgency and four affirmative votes
5. Public Forum: At this time, anyone present may comment upon any city-related business item, which is not on this agenda. Please state your name and address for the record. Please be concise and avoid repetition. The mayor may limit you to one presentation not to exceed two minutes in length. State law now requires at least twice as much time be allotted to a member of the public who utilizes a non-English translator, Action, if necessary, is limited to staff referral, or with special conditions, placement on a future agenda.
B. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
I. National Day of Prayer Thursday, May 5, 2022
2. Dos Palos Police Department Annual Report 2021
3. Oath of Office for Reserve Officer Brittany Ruiz
C. CONSENT CALENDAR:
I. Approval of the Treasurer's Report for September 2021.
2. Approval of the Treasurer's Report for October 2021.
3. Approval of the Treasurer's Report for November 2021.
4. Approval of the Minutes of the March 15, 2022 Regular Meeting.
5. Approval of the Pre-Paids for March 2022.
6. Approval of the Warrants for April 2022.
Proclamation
Presentation
Presentation
Action
7. Approval of the Addition and Deletion of Signatures on the WestAmerica Bank Account.
D. BUSINESS:
1. Resolution 2022-02 Adopting the Merced County
Multi-Jurisdictional Local Hazard Mitigation Plan.
2. Resolution 2022-03 Authorizing staff to submit an application for the Public Benefits Program that reduce vehicle emissions.
3. Report on Fireworks Sales Permit Lottery, awarded to Dos Palos Bronco Boosters and Dos Palos Girls Softball.
4. Ordinance 432 Military Equipment Use Policy
5. Resolution 2022-04 Setting Rates for Recycling Program Report
Discussion
Action
Report
Discussion
Action
Information
Action to Accept
Introduction
First Public Hearing
First Reading
Report
Discussion
Action
E. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS:
1. City Engineer.
2. Water & Wastewater Utilities.
3. Public Works.
4. Police.
5. Finance & Personnel.
6. City Manager.
7. Annual Air Toxics Report from SJV Air Pollution Control District.
8. Council Photos.
F. EXECUTIVE (Closed) SESSION:
Conference regarding Public Employee Appointment and Employment
1. Personnel: City Attorney .......... per California Government Code, 54957 (b)(l).
G. NEW BUISINESS
1. Approval of Agreement for City Attorney Services
H. ADJOURNMENT in memory of local departed:
Report
Discussion
Action
Caro line Garcia 66
Clyde Conley Jr. 48
Disclosures and Information:
The 96th City Council consists of Mayor April Hogue, Mayor pro Tempore Thomas Pigg, Councilmember Debbie Orlando, Councilmember Armando Bravo, and Councilmember Marcus Porter. The 44th Council Session is now in session and ends on November 15, 2022. The next available numbers of record are Ordinance #433 and Resolution 2022-05.
Per 54954.2(a)(l), the City's website cityofdospalos.org may be down intermittently or temporarily for maintenance or repairs.
©City of Dos Palos, Inc., website: www.cityofdospalos.org 2174 Blossom Street, Dos Palos CA 93620, (209) 392-2174, email:
[email protected]
PROCLAMATION
OBSERVING THURSDAY, MAY 5, 2022
AS A NATIONAL DAY OF PRAYER
WHEREAS, the tradition of holding a National Day of Prayer was originally set by the Continental Congress in 1775 to help unify out nation; and WHEREAS, in 1988, Congress designated the first Thursday in May of each year as National Day of Prayer, observed locally this year on May 5, 2022; and WHEREAS, in light of all the problems our nation may face, including economic stress, unemployment, broken families, crime, drug abuse, gang violence, terrorism, war, and natural disasters such as drought, earthquakes, floods, hurricanes, and tornadoes, America and our people will always need, always seek, and always receive, guidance and inspiration from above; and NOW
THEREFORE,
BE IT PROCLAIMED, that I, April Hogue, 28th Mayor of the City of Dos Palos, do hereby call upon our citizens to participate in this year's National Day of Prayer observance.
SIGNED:
BEGINNING BALANCE:
REVENUES RECEIVED:
TOTAL REVENUES RECEIVED:
EXPENDITURES:
TOTAL EXPENDITURES:
BEGINNING BALANCE:
TOTAL REVENUES:
TOTAL EXPENDITURES:
CREDIT CARD CHARGES:
ANALYSIS CHARGE:
PERS MONTHLY ACCURAL PMT
BLUEFIN PAYMENT
FEE REVERSAL
VOID CK 19833
GASB PERS
DEPOSIT CORRECTION
TOTAL CASH FLOW BALANCE:
CITY OF DOS PALOS
CASH FLOW REPOT
SEPTEMBER, 2021
GENERAL FUND
WATER DEPOSIT
UTILITIES
PAYROLL
DIRECT DEPOSIT
WARRANTS
2,009,059.29
129,517.52
450.00
280,460.88
410,428.40
3,087.15
107,989.30
758,455.57
869,532.02
2,009,059.29
410,428.40
-869,532.02
-1,940.73
-196.85
-22628.34
-9.95
100.00
2260.00
-1400.00
-20.00
1,526,119.80
--
CITY OF DOS PALOS
WESTAMERICA BANK RECONICILIATION
SEPTEMBER, 2021
STATEMENT ENDING BALANCE:
COMPUTER WARRANTS OUTSTANDING:
17311 ANICETO VALDEZ
17891 TORIBIO MARTINEZ
18120 JUAN RODRIGUEZ
18153 EMPLOYEE CHECK
18211 BOBBY MARTINEZ
18246 USDA SERVICE CENTER RURAL
18292 GORDON BONDS
18345 FREDDY SINGH
18371 NORMA SHEPPARD
18639 ALMA INFANTE
18641 LAMEXICANA
18868 SANDRA GONZALEZ
18963 JANEEN COLEMAN
19099 MERCED COUNTY PUBLIC WORKS
19172 BOWNELLS INC
19273 FORREST ATKINS
19305 JG HARDWARE STORE
19394 BANKCARD CENTER
19497 RICARDO AGUILAR
19498 GIOVONNI CASTANEDA
19575 JOSE PENA
19581 LUIS ROMO
19980 JESUS CISNEROS
19990 DOS PALOS FIRE
20030 INOCENCIA SANTOS
20055 ADMINISTRATIVE SOLUTIONS
20083 EMPLOYEE CHECK
20086 EMPLOYEE CHECK
20089 ARAMARK
20091 AUTO ZONE
20095 HERMAN BURBACH
20099 RAMON CASTELLANOS
20101 CENTRAL VALLEY VET CLINIC
20105 CSJVRMA-C/O BRICKMORE RISK
20108 ANA DELAROCHA VALDEZ
20110 DOS PALOS FIRE
1,990,915.81
25.00 143.53
8.00 17.40
104.39
4,425.00
14.62 10.61
82.80 48.02
16.80 16.80
35.40 850.34
179.31
33.00 18.16
543.94
4.49 150.00
1.97 49.77
7.20 225.00
17.39 41.67
138.52
138.52
55.56 112.42
122.81
150.00
110.00
49,733.00
44.59 225.00
20114 FRESNO MOBILE RADIO INC
20121 HCL MACHINE WORKS
20123 IMAGE SALES
20127 BARBARA MACEDO
20129 MCRWMA
20137 N&S TRACTOR CO.
20139 N. DOS PALOS WATER DIST
20141 NUTRIEN AG SOLUTIONS
20146 PACIFIC TIRE
20149 PITNEY BOWES
20151 QUAD KNOPF
20157 SMILE BUSINESS PRODUCTS
20164 US PUBLIC SAGETY GROUP
20166 USDA SERVICE CENTER RURAL
20168 VAUSE PART SOURCE
20170 YONKERS & JOHNSON
20171 YOUNGS AIR CONDITIONING
20172 ADMINISTRATIVE SOLUTIONS
20180 LAW OFFICES OF BENNETT & SHARP
20184 CENTRAL VALLEY SALINITY COALITION
20185 T & T PAVEMENT MARKINGS & PROD
20186 PACIFIC PREMIER BANK
20187 WESTWIND
20-Sep HARTFORD
9/16/2021 PERS
TOTAL COMPUTER WARRANTS:
BEGINNING BALANCE:
TOTAL COMPUTER WARRANTS:
OUTSTANDING DEPOSITS:
TOTAL CASH FLOW BALANCE:
350.00
76.07 22.85
125.01
17,482.17
109.16
471.71
0.09 70.00
170.17
213,351.96
203.39
77.95 21,578.60
34.46 4.47
6,450.85
41.67 108.00
2,260.00
452.33
133,820.85
923.45
50.00 15,293.07
$471,429.31
1,990,915.81
-471,429.31
6,633.30
1,526,119.80
BEGINNING BALANCE:
REVENUES RECEIVED:
TOTAL REVENUES RECEIVED:
EXPENDITURES:
TOTAL EXPENDITURES:
BEGINNING BALANCE:
TOTAL REVENUES:
TOTAL EXPENDITURES:
CREDIT CARD CHARGE
ANALYSIS CHARGE:
PERS MONTHLY
LEXISNEXIS POLICE
FEE REVERSAL
BLUEFIN
DEPOSIT CORRECTION
PITNEY BOWES
DEBIT MEMO
EMPLOYMENT DEVEL
VOID CHECKS(20121&20137)
TOTAL CASH FLOW BALANCE:
CITY OF DOS PALOS
CASH FLOW REPORT
OCTOBER, 2021
GENERAL FUND
WATER DEPOSIT
UTILITIES
PAYROLL
DIRECT DEPOSIT
WARRANTS
CITY TREASURER
1,526,119.80
253,017.49
750.00
274,842.21
S28,609.70
2,023.27
110,134.60
511,808.14
623,966.01
1,S26,119.80
528,609.70
-623,966.01
-2,009.85
-180.34
-22628.34
25.00 100.00
-9.95
1.43 -1000.00
-661000.00
-179.43
185.23
744,067.24
CITY OF DOS PALOS
WESTAMERICA BANK RECONICILIATION
OCTOBER,2021
STATEMENT ENDING BALANCE:
COMPUTER WARRANTS OUTSTANDING:
17311 ANICETO VALDEZ
17891 TORIBIO MARTINEZ
18120 JUAN RODRIGUEZ
18153 EMPLOYEE CHECK
18211 BOBBY MARTINEZ
18246 USDA SERVICE CENTER RURAL
18292 GORDON BONDS
18345 FREDDY SINGH
19371 NORMASHEPPARD
18639 ALMA INFANTE
18641 LAMEXICANA
18868 SANDRA GONZALEZ
18963 JANEEN COLEMAN
19099 MERCED COUNTY PUBLIC WORKS
19172 BROWNELLS.INC
19273 FORREST ATKINS
19305 JG HARDWARE STORE
19394 BANKCARD CENTER
19497 RICARDO AGUILAR
19498 GIOVONNI CASTANEDA
19575 JOSE PENA
19581 LUIS ROMO
19980 JESUS CISNEROS
19990 DOS PALOS FIRE
20030 INOCENCIA SANTOS
20055 ADMINISTRATIVE SOLUTIONS INC
20099 RAMON CASTELLANOS
20108 ANA DELAROCHA VALDEZ
20110 DOS PALOS FIRE
20127 BARBARA MACEDO
20171 YOUNGS AIR CONDITIONING
20172 ADMINISTRATIVE SOLUTIONS INC
20204 ARAMARK
20206 AUTOZONE
20209 BANKCARD CENTER
20222 CREATIVE SERVICES OF NEW ENGLAND
20225 DOS PALOS FIRE
924,030.50
25.00 143.53
8.00 17.40
104.39
4425.00
14.62 10.61
82.80 48.02
16.80 16.80
35.40 850.34
179.31
33.00 18.16
543.94
4.49 150.00
1.97 49.77
7.20 225.00
17.39 41.67
150.00
44.59 225.00
125.01
6450.85
41.67 345.42
721.05
3899.60
328.95
225.00
20227 FAR WEST LABORATORIES, INC
20233 FORONTIER COMMUNICATIONS
20244 MCRWMA
20248 MID VALLEY IT
20249 MIDWAY COMMUNITY WATER DIST
20250 MARIBEL MORALES
20258 STACY & DEAN PECK
20260 PORAC MEMBERSHIP SERVICES
20261 QUAD KNOPF
20270 S. DOS PALOS WATER DIST
20273 TARGET SOLUTIONS LEARNING
20278 USDA, SERVICE ALERTOF NORTHERN
20281 VAUSE PART SOURCE
20288 EMPLOYEE CHECK
20291 ADMINISTRATIVE SOLUTIONS INC
20302 PACIFIC GAS & ELECTRIC •
TOTAL COMPUTER WARRANTS:
BEGINNING BALANCE:
TOTAL COMPUTER WARRANTS:
OUTSTANDING DEPOSITS:
TOTAL CASH FLOW BALANCE:
2305.00
59.93 8586.34
1600.00
8862.58
102.00
31.32 18.00
93645.50
4840.18
769.95
19075.00
43.07 138.52
41.67 26652.36
186399.17
924,030.50
-186,399.17
6,435.91
744,067.24
BEGINNING BALANCE:
REVENUES RECEIVED:
TOTAL REVENUES RECEIVED:
EXPENDITURES:
TOTAL EXPENDITURES:
BEGINNING BALANCE:
TOTAL REVENUES:
TOTAL EXPENDITURES:
CREDIT CARD CHARGES:
ANALYSIS CHARGE:
PERS MONTHLY ACCURAL PMT
BLUEFIN PAYMENT
FEE REVERSAL
VOID CHECK 20209
LEXISNEXIS POLICE
PERS LATE FEE
ONLINE PMT BOA
TOTAL CASH FLOW BALANCE:
CITY OF DOS PALOS
CASH FLOW REPOT
NOVEMBER,2021
GENERAL FUND
WATER DEPOSIT
UTILITIES
PAYROLL
DIRECT DEPOSIT PAYROLL
WARRANTS
CITY TREASURER
744,067.24
137,616.90
1,050.00
300,622.81
439,289.71
692.60
115,530.75
307,002.77
423,226.12
744,067.24
439,289.71
-423,226.12
-2,189.78
-221.41
-22628.34
-9.95
100.00
117.66
75.00 -200.00
-1773.71
733,400.30
CITY OF DOS PALOS
WESTAMERICA BANK RECONICILIATION
NOVEMBER,2021
STATEMENT ENDING BALANCE:
COMPUTER WARRANTS OUTSTANDING:
17311 ANICETO VALDEZ
17891 TORIBIO MARTINEZ
18120 JUAN RODRIGUEZ
18153 EMPLOYEE CHECK
18211 BOBBY MARTINEZ
18246 USDA SERVICE CENTER RURAL
18292 GORDON BONDS
18345 FREDDY SINGH
18371 NORMA SHEPPARD
18639 ALMA INFANTE
18641 LAMEXICANA
18868 SANDRA GONZALEZ
18963 JANEEN COLEMAN
19099 MERCED COUNTY PUBLIC WORKS
19172 BOWNELLS INC
19273 FORREST ATKINS
19305 JG HARDWARE STORE
19394 BANKCARD CENTER
19497 RICARDO AGUILAR
19498 GIOVONNI CASTANEDA
19575 JOSE PENA
19581 LUIS ROMO
19980 JESUS CISNEROS
20030 INOCENCIA SANTOS
20099 RAMON CASTELLANOS
20108 ANA DELAROCHA VALDEZ
20110 DOS PALOS FIRE
20127 BARBARA MACEDO
20171 YOUNGS AIR CONDITIONING
20222 CREATIVE SERVICES OF NEW ENGLAND
20225 DOS PALOS FIRE
20258 STACY & DEAN PECK
20260 PORAC MEMBERSHIP SEERVICES
20324 BAKER, MANOCK & JENSEN
20337 DELTA WIRELESS, INC
20338 DOS PALOS FIRE
795,742.55
25.00 143.53
8.00 17.40
104.39
4425.00
14.62 10.61
82.80 48.02
16.80 16.80
35.40 850.34
179.31
33.00 18.16
543.94
4.49 150.00
1.97 49.77
7.20 17.39
150.00
44.59 225.00
125.01
6450.85
328.95
225.00
31.32 18.00
192.50
703.00
225.00
20339 HERIBERTO ESRADA
20344 FRESNO CITY COLLEGE
20345 FRESNO MOBILE RADIO INC.
20348 YSIDRO GARCIA
20352 HCL MACHINE WORKS, INC
20355 INGRAHAM TOPHIES
20362 LOCAL AGENCY FORMATION COMMISIO~
20366 MERCED COUNTY TAX COLLECTOR
20369 MID-VALLEY DISTRIBUTORS,INC
20373 NUTRIEN AG SOLUTIONS
20375 OWEN EQUIPMENT SALES
20377 PACIFIC TIRE
20379 PEGBOARD
20386 SOUTH DOS PALOS WATER
20387 SPRINGBROOK
20388 TAYLOR ER VETERINARY EMERG
20389 THE OFFICE CITY
20397 YONKERS & JOHNSON
20403 EMPLOYEE CHECK
20405 EMPLOYEE CHECK
20406 ADMINISTRATIVE SOLUTIONS, INC
20414 LAW OFFICES OF BENNETT & SHARPE
20418 PG&E
20419 CALIFORNIA DEP OF TAX & FEE
11/16/2021 HARTFORD LIFE INS
TOTAL COMPUTER WARRANTS:
BEGINNING BALANCE:
TOTAL COMPUTER WARRANTS:
OUTSTANDING DEPOSITS:
TOTAL CASH FLOW BALANCE:
6.79 164.00
350.00
108.74
2595.00
442.69
702.29
7075.32
206.76
450.00
1239.22
396.00
1099.61
4735.75
708.00
344.00
49.48 79.00
138.52
138.52
41.67 108.00
28549.16
3077.52
50.00 $68,379.20
795,742.55
-68,379.20
6036.95
733,400.30
Dos Palos City Council Minutes
March 15, 2022
A. CALL TO ORDER: Mayor pro Tern Debbie Orlando called a regular meeting of the Dos Palos City Council to order at 6:00 pm in the City-County Building at 1546-1554 Golden Gate Avenue in Dos Palos, California on Tuesday, March 15, 2022.
1. The Pledge of Allegiance was led by Councilmember Marcus Porter.
2. An Invocation was led by Councilmember Thomas Pigg.
3. Roll Call: City Clerk Ysidro Garcia Called the Roll finding four of the five City Councilmembers present: Mayor pro Tern Debbie Orlando, Councilmember Thomas Pigg, Councilmember Armando Bravo, and Councilmember Marcus Porter. Mayor April Hogue was absent due to illness.
Others present included: City Attorney Edward Amaral, Jeanette Balcer, Claudia Bretado Bautista, her mother, Public Works Director Gordon Bonds, former Mayor Michael Burns, Nicole Burns, Reserve Officer Stephen Choi, Richard Dechaney, City Manager/CEO/PC Darrell Fonseca, City Clerk Ysidro Garcia, Director of Utilities Craig Hackett, Miranda Lopez, Chief of Police Rich McEachin, DPOLJUSD Trustee Moy Meraz, Lynn Miles, Randy Miles, Janet Miller, Katy Miller, Scott Miller, Tracy Mosby, City Engineer Garth Pecchenino, Maria Pina, Kathy Simmons, and Director of Finance & Personnel Manuela Sousa.
4. Urgency Additions or Deletions: None.
5. Public Forum: Randy Miles asked about the new state mandated food waste recycling plan.
B. CONSENT CALENDAR:
I. It was moved by Councilmember Porter and seconded by Councilmember Pigg to approve the Minutes of the regular meeting held on February 15, 2022. The motion passed 4-0-1 as follows: AYES: Orlando, Pigg, Bravo, and Porter. NOES: None.
ABSTENTIONS: None. ABSENT: Hogue.
2. It was moved by Councilmember Porter and seconded by Councilmember Pigg to approve the Pre-Paids for February 2022. The motion passed 4-0-1 as follows:
AYES: Orlando, Pigg, Bravo, and Porter. NOES: None. ABSTENTIONS: None.
ABSENT: Hogue.
3. It was moved by Councilmember Porter and seconded by Councilmember Pigg to approve the Warrants for March 2022. The motion passed 4-0-1 as follows:
A YES: Orlando, Pigg, Bravo, and Porter. NOES: None. ABSTENTIONS: None.
ABSENT: Hogue.
D. UNFINISHED BUSINESS:
1. Following a staff report, Mayor pro Tern Orlando reminded the council that most of the legal representations for litigation, liability, or workers comp, are handled through the risk management authority, not by the city attorney. Scott Miller asked the city manager if he is satisfied with current legal counsel's advice to the council.
City Manager Fonseca responded "For the limited responsibilities of general Brown Act interpretation, dealing with contracts and agreements, lower cost, and especially for quick responses and access, yes." The council gave direction to staff to arrange in-person-meetings with Legal Counsel RFP applicants and councilmembers. The city attorney advised that no more than two councilmembers meet unless a public meeting is held.
2. It was moved by Councilmember Porter and seconded by Councilmember Bravo to Authorize staff to conduct a Fireworks Sales Permit Lottery after the 12 noon, Wednesday, March 30, 2022 deadline. The motion passed 4-0-1 as follows: AYES:
Orlando, Pigg, Bravo, and Porter. NOES: None. ABSTENTIONS: None.
ABSENT: Hogue.
D. NEW BUSINESS:
1. At his last city council meeting, City Manager Darrell Fonseca presented his final staff report which included information about the City's Seal, Official Flag and Colors, Mission Statement, Officeholder Visits to Dos Palos, Office Holder History lists of Merced County Supervisors who have represented Dos Palos since its founding, Mayors, CEO's, City Clerks, Chiefs of Police, Police Commissioners, City Attorneys, City Engineers, and City Treasurers, City Assignments, City Debt, a 2021-2022 Balanced Budget Summary, Privatized Contractors, Franchisees, and Suppliers, a Measure V Priority List, a six year Water Usage Report, a Diversity Summary, Largest (Top 35) Employers in the City of Dos Palos, Stocks of Local Interest, Liquor License Allowed, Unemployment Rates for the last 13 years, Crime Stoppers Agency and Crime Tip Reports, information about the Dos Palos Theatre, the most recent Covid Virus Update, and the Organizational Structure of the City, attached as an exhibit at the end of these official minutes. Fonseca reported that new bus shelters will soon be installed across the street at Dos Palos Downtown Station, in Midway in front of the Carver Center, and eventually on Loraine Street near the Del Hale I-Jail in O'Banion Park. He reported that he will continue to work on bringing a major fast -food franchise to Dos Palos, that Family Dollar will begin a transition to Dollar Tree. At this point City Manager noticed former Mayor Michael Burns in the audience and thanked him for his leadership and contributions to our city saying, "Those were good years and we accomplished a lot!" Fonseca reported that Congressman Jim Costa called to report that President Biden signed the infrastructure bill which included his application for Community Projects funding in the amount of $279,000 from the Department of the Interior to repair the Water Clarifier and Splitter Box at the water plant. Fonseca reported that work is underway on the $1,600,000 construction of the 750,000 gallon water tank funded by the Federal American Rescue Act.
He said he had a special parting gift for the city council and was disappointed that the mayor was not able to attend this meeting. City Manager Fonseca announced that through the significant help of City Engineer Garth Pecchenino and Assemblymember Adam Gray, now a candidate for Congress, and city staff, the Department of Water Resources has determined that due to increased labor and materials costs, acknowledgement that reduced flows in the California Aqueduct have also contributed to increasing levels of algae, which have adversely impacted the City's treatment capabilities, and a request from the City of Dos Palos for additional funding, the City of Dos Palos will now be eligible for a 100% Grant of $30 million towards the new water treatment plant and aqueduct intake facility. A standing ovation from the audience occmTed at this time.
2. A Proclamation honoring City Manager Darrell Fonseca for his 32 years of service was read. It mentioned that City Manager Fonseca is currently the State of California's longest serving city manager in a single city. Mayor pro Tern Orlando presented a city plaque to Fonseca and read a certificate from the Merced County Board of Supervisors. The audience applauded in standing ovation. Councilmember Pigg said "The city, our community, was the better for having you as our city manager, Darrell, a job well done!" Councilmember Porter commended City Manager Fonseca for his service. Councilmember Bravo and Public Works Director Bonds each thanked Fonseca for hiring them earlier in their careers.
3. City Manager Fonseca asked that all members of his Staff please stand. He then said, "These are people that made my years successful. Thank you all for your help!" E. CORRESPONDENCE, EVENTS, & REPORTS: Various reports were presented.
F. EXECUTIVE (CLOSED) SESSION: None.
H. ADJOURNMENT: The meeting was adjourned at 7:00 pm in memory of:
Bertha Manuel 95,
Gary Moore 80,
Ann Huerta 77,
Elena Badillo 7 6,
Greg Allen 59,
Robert Howard 38,
Carlos Galindo 24
Jose Robledo, Jr. 23,
Elias Flores 17
20884 Washington National Ins
20867 USABlue Book
20885 Pacific Premier Bank
Pre Paid Listing - March 2022
Premium/Replace Ck# 20655/20766
Tests
Commercial Loan Payment
BR-Board Audit (04/14/2022 - 10:20 AM)
03/28/2022 $
03/11/2022 $
03/29/2022 $
253.80
52.90 15,911.90
Grand Total $ 16,218.60
Warrant Listing - April 2022
20897 Nicolas Accardo Reimbursement - Safety Work Bo 04/14/2022 $ 226.75 20898 Amazon Capital Reti rment party decor 04/14/2022 $ 615.1i 20899 Aramark Uniform services acc#156473500 04/14/2022 $ 267.48 20900 Mike Areias Animal Shelter Maintenance 04/14/2022 $ 400.00 20901 AutoZone, Inc. Parts 04/14/2022 $ 411.73
20902 Axon Enterpris Taser 60 year 5 payment 04/14/2022 $ 3,617.06 20903 Baker Supplies Belt and Blade 04/14/2022 $ 77.20
20904 Baker, Manock Client 022801 - Client 022800 04/14/2022 $ 2,065.00 20906 Bankcard Cente Side Steps/Finance Charges 04/14/2022 $ 110.08 20906 Bankcard Cente Universal Side Steps 04/14/2022 $ 107.65 20908 Bankcard Cente Posatage/Parts/Subscriptions 04/14/2022 $ 407.46 20909 Santiago Banuel Refund Check 017451-000, 1802 04/14/2022 $ 5.60 20910 Bob's Howard T Flat Repair 04/14/2022 $ 76.38
20911 Bureau of Reel Monthly Estimated Water Usage 04/14/2022 $ 2,993.76 20912 California Bui CBSC quarterly fees January - 04/14/2022 $ 35.60 20913 Carrot-Top lndu Custom Double-Sided City of DP 04/14/2022 $ 2,055.82 20914 Casey Moving S Shredding Services 04/14/2022 $ 45.00 20915 Central Califo Monthly Water Usage 04/14/2022 $ 9,900.00 20916 Central Califo Annual Monitoring 04/14/2022 $ 14,000.00 20917 Central Valley C50 04/14/2022 $ 728.39
20918 Cintas Building maintenance/Uniforms 04/14/2022 $ 946.96 20919 City of Dos Pa Sulfide Treatment 04/14/2022 $ 1,500.00 20920 Clears, Inc. Annual Membership - J Hamerslo 04/14/2022 $ 50.00 20921 Comcast Internet, Phone, Cable 04/14/2022 $ 907.76 20922 Cooks Communic Service 04/14/2022 $ 379.99
20923 CSJVRMA - C/O Liability/ Wrk Comp Insurance 04/14/2022 $ 53,513.00 20924 Dash Medical G Gloves 04/14/2022 $ 184.14
20925 Data Ticket, I Office Supplies 04/14/2022 $ 967.76 20926 Delta Wireless Radio replacement 04/14/2022 $ 1,197.93 20927 Department of SMI Fee payment difference for 04/14/2022 $ 17.70 20928 Division of th DSA Funds 10% 04/14/2022 $ 35.60
20929 Dooley Enterpr Ammunitition 04/14/2022 $ 620.18
20930 Dos Palos Fire Monthly Contribution 04/14/2022 $ 225.00 20931 Electric Drive Parts 04/14/2022 $ 987.21
20932 EMC Planning G Coping Expenses 04/14/2022 $ 762.24 20933 ERS Industrial Clarifier Reconstruction 04/14/2022 $ 100,501.79 20934 Carlos Estrada Refund Check 018200-000, 8706 04/14/2022 $ 95.20 20935 Far West Labor Testing 04/14/2022 $ 1,710.00
20936 Ford Motor Cre Qrtrly pmt Police /Monthly F-1 04/14/2022 $ 3,855.75 20937 Ford Motor Cre Monthly Lease pmt 04/14/2022 $ 550.44 20938 Fresno Mobile Monthly fee 04/14/2022 $ 355.25
20939 Gall's , an Ar Baton 04/14/2022 $ 967.23
20940 Nathan Garrett Safety Work boots 04/14/2022 $ 153.85 20941 Germino, Amara Attorney Salary 04/14/2022 $ 850.00 20942 Martha Gonzalez Refund for rental Cancellation 04/14/2022 $ 100.00 20943 Great America Copier agreement #003-1561608- 04/14/2022 $ 114.42 20944 Hach Company Annual subscriptions 04/14/2022 $ 450.00 20945 Home Depot Cre Supplies 04/14/2022 $ 1,723.38
20946 Abby R Hunter Secretarial compensation Jan 2 04/14/2022 $ 300.00 20947 Ingraham Troph Silver Plate- Darrell/2022 Bas 04/14/2022 $ 762.16 20948 JG Hardware St Supplies 04/14/2022 $ 37.69
20949 Liebert Cassid Client Matter DO020-00012/13 04/14/2022 $ 772.00 20950 Marlin Busines Payment on server 04/14/2022 $ 661.64 20951 MCRWMA Solid Waste Tipping Fees 04/14/2022 $ 10,301.64 20952 Merced County B & B District Funds - 04/14/2022 $ 7,833.71 20953 Mid Valley Dis Refuse/Green Waste Services - 04/14/2022 $ 47,583.00 20954 Mid Valley IT Monthly IT service 04/14/2022 $ 4,109.00 20955 Midway Communi Secretarial Comp/Dist Funds 04/14/2022 $ 9,245.75 20956 Navia Benefit Monthly Fee 04/14/2022 $ 50.00
20957 Nicoletti Oil Monthly Gas & Oil 04/14/2022 $ 5,019.42 20958 Northstar Chem Chemicals 04/14/2022 $ 1,469.15
20959 Orozco Yard Ma Yard Maintenance 04/14/2022 $ 1,780.00 20960 Pace Supply Co Parts 04/14/2022 $ 469.71
20961 Pacific Gas & Monthly Gas & Electric Bill 04/14/2022 $ 20,419.83 20962 Pacific Tire New Tires - F150 (Water) 04/14/2022 $ 1,928.00 20963 Paramount Pest Pest control 04/14/2022 $ 171.00
20964 Pegboard Waterbill Statements 04/14/2022 $ 1,144.21 20965 Psg Fencing Co Chain link replacement 04/14/2022 $ 900.00 20966 Quad Knopf Project 200058/13 04/14/2022 $ 59,373.35 20967 Quantum FSD, I Internet Service - 04/01/22 - 04/14/2022 $ 249.90 20968 Richard Martor Bookkeeping srvce for Water Qu 04/14/2022 $ 1,000.00 20969 San Luis & Del Estimated Water Usage 04/14/2022 $ 24,989.64 20970 Santos Ford Li Multi Point lnspection/Diagnos 04/14/2022 $ 175.00 20971 Raymundo Silva Refund Check 017506-000, 1011 04/14/2022 $ 44.46 20972 Smile Business Contract rate for City Hall co 04/14/2022 $ 123.11 20973 South Dos Palo District Funds - 04/14/2022 $ 4,090.32 20974 Springbrook CivicPay Transaction Fees 04/14/2022 $ 769.00 20975 Staples Office Supplies 04/14/2022 $ 549.47
20976 James M. Stofle PFA SCO FTR preparation 04/14/2022 $ 3,500.00 20977 SWRCB DWOCP II Water Treatment Exam 04/14/2022 $ 160.00 20978 The Office Cit Office Supplies 04/14/2022 $ 175.71 20979 Trans-Rock Tru Sand 04/14/2022 $ 1,197.64
20980 United Rotary Parts 04/14/2022 $ 1,241.36
20981 USABlue Book Checmicals and beakers 04/14/2022 $ 37.12 20982 USDA, Service Loan 06 Case # 04-024-09000000 04/14/2022 $ 3,700.00 20983 Utility Servic Elevated Oliver Street Tank 04/14/2022 $ 3,238.88 20984 Verizon Wirele Mobile Broadband Ace #34204918 04/14/2022 $ 1,002.96 20985 Water Connecti Backflow parts and repairs 04/14/2022 $ 2,655.53 20986 Westamerica Ba Lift Truck payment 04/14/2022 $ 1,503.84 20987 Yonkers & John Parts 04/14/2022 $ 79.14
Total $ 436,683.20
BR-Board Audit (04/14/2022 - 8:32 AM)
RESOLUTION 2022-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS ADOPTING
THE MERCED COUNTY MULTI-JURISDICTIONAL LOCAL HAZARD
MITIGATION PLAN
WHEREAS, the County of Merced has historically experienced severe damage from natural and human-caused hazards such as flooding, wildfire, drought, thunderstorms/high winds and hazardous materials incidents on many occasions in the past century, resulting in loss of life and property, economic hardship, and threats to public health and safety; and
WHEREAS, the County of Merced's Multi-Jurisdictional Local Hazard Mitigation Plan (the Plan) has been developed after more than three years of research and work by the planning team in association and cooperation with Howell Consulting for the reduction of hazard risk to the community; and
WHEREAS, the Plan specifically addresses hazard mitigation strategies and plan maintenance procedures for County of Merced; and
WHEREAS, the Plan recommends several hazard mitigation actions/projects that will provide mitigation for specific natural and human caused hazards that impact the County of Merced, with the effect of protecting people and property from loss associated with those hazards; and
BE IT RESOLVED by the Board of Supervisors of the County of Merced, State of California:
1. Hereby adopts this Plan as the official Multi-Jurisdictional Local Hazard Mitigation Plan for the County of Merced.
2. The respective officials identified in the mitigation strategy of the Plan are hereby directed to pursue implementation of the recommended actions assigned to them.
3. Future revisions and plan maintenance required by the Disaster Mitigation Act of 2000 and FEMA, are hereby adopted as a part of this resolution for a period of five (5) years from the date of this resolution.
4. An annual report on the progress of the implementation elements of the Plan shall be presented to Board of Supervisors of the County of Merced by October 31st of each calendar year.
5. The County of Merced will comply with all applicable Federal Statutes and Regulationsin effect with respect to the periods for which it receives grant funding, in compliance with 44 CFR 13.11 (c); and will amend the Plan whenever necessary to reflect applicable changes in Tribe, State or federal Laws and Statutes as required in 44 CFR 13.11 (d).
The foregoing resolution was duly moved by _____ and seconded by ____ and was adopted by the City Council of the City of Dos Palos on April 19, 2022 by the following votes to wit:
AYES:
NOES:
ABSTAIN:
SIGNED: ATTEST:
April Hogue, Mayor Ysidro Garcia, City Clerk
Resolution 2022-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS
AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE
PUBLIC BENEFITS GRANTS PROGRAM-COMMUNITY IMPROVEMENT
PROJECTS THAT REDUCE VEHICLE USE AND EMISSIONS AND
IDENTIFYING THE CITY MANAGER AS THE PERSON AUTHORIZED TO
IMPLEMENT THE PROJECT
WHEREAS, the San Joaquin Valley Air Pollution Control District is currently accepting applications from agencies requesting funding for land use and community development projects that will reduce vehicle use and emissions through enhanced walkability and increased use of zero and near-zero emission transportation options; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dos Palos to authorize the submittal of an Application for the Public Benefits Grants Program - Community Improvement Projects that Reduce Vehicle Use and Emissions and Identifies the City Manager of the City of Dos Palos as the person Authorized to Implement the Project, and Authorized to sign all necessary documents on behalf of the City of Dos Palos.
The foregoing resolution was duly moved by ______ and seconded by ______ and was adopted by the City Council of the City of Dos Palos on April 19, 2022 by the following votes to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
APRIL HOGUE
28th Mayor
ATTEST:
YSIDRO GARCIA
City Clerk
ORDINANCE NO. 432
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOS PALOS ADDING DOS PALOS MUNICIPAL CODE, TITLE 8, CHAPTER 32, "MILITARY EQUIPMENT USE", BY ORDINANCE ADOPT A POLICY THAT REGULATES THE USE OF MILITARY EQUIPMENT BY THE DOS PALOS POLICE DEPARTMENT.
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body by an ordinance adopting a "military equipment" use policy at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070.
WHEREAS, The Dos Palos Police Department currently has items in its inventory deemed to be "Military Equipment" under the provisions of Assembly Bill 481, and California Government Code 7070 through 7075.
WHEREAS, the City of Dos Palos Municipal Code ("DPMC") adopts a policy that regulates "Military Equipment Use" by the Dos Palos Police Department.
WHEREAS, the Dos Palos City Council has read and evaluated the proposed policy and finds that it complies with the requirements set forth in the California Government Code (Chapter 12.8, Section 7071 ).
WHEREAS, Title 8-Health and Safety, Chapter 32 DPMC will be titled as Military Equipment Use.
THE CITY COUNCIL OF THE CITY OF DOS PALOS DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT. Title 10, Chapter 14, Military Equipment Use, of the Dos Palos Municipal Code shall be added to read as follows:
SECTIONS:
8-32-1
8-32-2
8-32-3
8-32-3
8-32-4
8-32-5
8-32-6
{CWI 12181.4)
Findings
Determinations
Name of
Ordinance
Definitions
TITLE 8
Health and Safety
8.32 MILITARY EQUIPMENT USE
Military Equipment Use Policy Requirement
Use in Exigent Circumstances
8-32-7 Reports on the Use of Controlled
Equipment
8-32-3
8-32-8
8-32-9
Enforcement
Severability
A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.
B. Assembly Bill 481, codified at California Government Code section 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070.
C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.
D. The proposed military use policy is found within Dos Palos Police Department Policy and Procedural manual.
E. Dos Palos Police Department Policy was published on the Dos Palos Police Department's internet website on www.dospalospd.org. In addition, the Dos Palos Police Department.Military Equipment Use Policy was presented to City Council on April 19, 2022.
F. The Dos Palos Police Department, Military Equipment Use Policy, meets the requirements of California Government Code section 7070, subdivision (d). 8-32-2 Determinations
Based on the findings above, in addition to the information provided to the City Council at the public meeting, the City Council determines as follows:
8-32-2.1 The military equipment identified in the Dos Palos Police Department, Military Equipment Use Policy, is necessary because there are no reasonable alternatives thatcan achieve the same objectives of officer and civilian safety. 8-32-2.2 Dos Palos Police Department, Military Equipment Use Policy, will safeguard thepublic's welfare, safety, civil rights, and civil liberties. 8-32-2.3 The Military equipment identified in the Dos Palos Police Department, Military Equipment Use Policy, is reasonably cost-effective compared to available alternativesthat can achieve the same objective of officer and civilian safety. 8-32-2.4 Dos Palos Police Department, Military Equipment Use Policy, is approved andadopted.
Name of Ordinance
This Ordinance shall be known as the Military Equipment Use Ordinance. 8-32-4 Definitions
A. "Military Equipment" includes all of the following (Per CA Gov. Code,§ 7070):
{CWI 121814}
{CWJ 12181.4)
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (A TVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flash bang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
B. "City" means any department, agency, bureau, and/or subordinate division of the City of Dos Palos.
C. "Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Dos Palos Police Department.
D. "City Council" means the governing body that is the Dos Palos City Council.
E. "Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. {CW112181.4}
F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
H. "Type" means each item that shares the same manufacturer model number. 8-32-5 Military Equipment Use Policy Requirement
A. The Dos Palos Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
1. Requesting Military Equipment made available pursuant to Section 2576a of Title 1 O of the United States Code.
2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Dos Palos.
5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
7. Acquiring Military Equipment through any means not provided by this section.
B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Dos Palos Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Dos Palos Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.
{CW112181.4}
C. In seeking the approval of City Council, the Dos Palos Police Department shall submit a proposed Military Equipment Use Policy to City Council and make those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.
D. The governing body shall consider a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
E. The governing body shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:
1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
F. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.
G. The City Council shall review any ordinance that it has adopted pursuant to this Chapter approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
8-32-6 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.
8. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
{CWl 12181.4}
1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.
2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
3. Include the Military Equipment in the Police Department's next annual Military Equipment Report.
8-32-7 Reports on the Use of Controlled Equipment
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.
B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.
C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.
E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual {CWJ 12181.4)
Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
8-32-8 Enforcement
A. Remedies for Violations of this Ordinance
1. This Chapter does not provide a private right of action upon any person or entity to seek injunctive relief against the City or any employee unless that person or entity has first provided written notice to the City Manager by serving the City Clerk, regarding the specific alleged violations of this Chapter.
2. If a specific alleged violation is not remedied within 90 days of that written notice, a person or entity may seek injunctive relief in a court of competent jurisdiction.
3. If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the City's website that describes, to the extent permissible by law, the corrective measures taken to address the violation.
4. If it is shown that the violation is the result of arbitrary or capricious action by the City or an employee or agent thereof in his or her official capacity, the prevailing complainant in an action for relief may collect from the City reasonable attorney's fees in an amount not to exceed $15,000 if they are personally obligated to pay such fees. 8-32-9 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.
B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.
SECTION 2. EFFECTIVE DATE.
This Ordinance shall become effective thirty (30) days after its final passage and adoption.
Introduced:
Passed and Adopted: _
April Hogue
Mayor of the City of Dos Palos
(CW112181.4}
Policy Dos Palos Police Department
709 Dos Palos PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071:
Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code§ 7070):
Governing body - The elected or appointed body that oversees the Department.
Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools.
Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Copyright Lexlpol, LLC 2022/03/03, All Rights Reserved.
Published with permission by Dos Palos Police Department Military Equipment - 1 Dos Palos Police Department
Dos Palos PD Policy Manual
Military Equipment
709.2 POLICY
It is the policy of the Dos Palos Police Department that members of this department comply with the provisions of Government Code§ 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Dos Palos Police Department (Government Code § 7071 ). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
DPPD Military Equipment list.pdf
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code§ 7071 ). The Copyright Lexlpol, LLC 2022/03/03, All Rights Reserved.
Published with permission by Dos Palos Poltce Department Military Equipment - 2 Dos Palos Police Department
Dos Palos PD Policy Manual
Military Equipment
military equipment policy must be approved by the governing body prior to engaging in any of the· following (Government Code§ 7071 ):
(a) Requesting military equipment made available pursuant to 10 USC§ 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use in accordance with this policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code§ 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Copyright Lexlpol, LLC 2022/03/03, All Rights Reserved.
Published with permission by Dos Palos Police Department Military Equipment - 3 Dos Palos Police Department Military Equipment Inventory 2022 Equipment Type: 12-gauge Less Lethal Shotguns with Drag Stabilized Beanbag rounds-CA Gov't Code §7070(c)(14) Quantity Owned/Sought: 7 owned
Equipment Capabilities: The Remington 870 12-gauge less-lethal shotgun is used to deploy the less-lethal 12-gauge munitions to assist personnel in de-escalating volatile situations more safely and to enhance officer and community safety.
Manufacturer Product Description:
Remington 870 Less-Lethal Shotgun-The Remington 870 less-lethal shotgun is used to deploy the less-lethal 12-gauge munitions up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de-escalation. All less-lethal shotguns are designed by an orange buttstock and forend.
Safariland 12 gauge drag stabilized round-The Drag Stabilized'" 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot.
This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. The round has a velocity of 270 feet per second with a maximum effective range of 75 feet.
Purpose: The less-letahl shotgun is used to deploy the less-lethal 12-gauge munitions to assist personnel in de-escalating volatile situations more safely and to enhance officer and community safety.
Authorized Uses: Situations for use of less-lethal weapons systems include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals
2. Potentially vicious animals
3. Training exercises
Expected Lifespan: Shotguns-10-15 years. Less-lethal ammunition expires after 5 years.
Fiscal Impacts: The shotguns do not require any financial commitment other than any repairs/maintenance.
The ammunition costs approximately $7.00 per round, and must be replaced every 5 years, for a total cost of $350.00 for 50 rounds.
Training required: Officers are trained in the Police Academy on the use of the shotgun, and qualify annually by the Police Department during range training.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force.
Various Dos Palos Police Department Policies on Use of Force and Firearms.
RESOLUTION 2022-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS
SETTING REFUSE RATES FOR SERVICES NOT PREVIOULSY PROVIDED WHEREAS, Section 8.12.200 of the Dos Palos Municipal Code provides that garbage rates and schedules shall be established by resolution of the City Council; and WHEREAS, the City previously set and maintains garbage or refuse rates as established in Resolution 1914 and in Exhibit "AA" of Resolution 1914; and WHEREAS, upon commencement January 1, 2022 ofthe city's new contract with its refuse collector, several new types of garbage services are now available and rates need to be set for the new services; and
THEREFORE, BE IT RESOLVED by the City Council of the City of Dos Palos that the following incorporates and establishes new rates for services not previously offered, as attached in Exhibit "D "of this resolution:
The foregoing resolution was introduced by Councilmember _____ _, which motion was duly seconded by Councilmember ____ _, and said motion was adopted on a __ voted of the members of the Dos Palos City Council present at a regular meeting held on April 19th, 2022 by the following votes:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
April Hogue, Mayor Ysidro Garcia, City Clerk
EXHIBIT D - CONTRACTOS RATES
CITY OF DOS PALOS
R.~ TES li\CLCDE D[SPOS.-\L & PROCESSC-:G Current Rates
RESIDENTIAL CUSTOMERS
3-96 CARTS(Blue.Grev, Green) $28.00
SENIOR 64GAL
COMMERCIAL TRASH
96G 1 x per week $26.00
96G 2x per week $37.00
2 yard 1 x oer week $65.00
2 yard 2x er wee!< $95.00
3vard 1xperweek $69.00
3 vard 2x per week $127.00
6 vard 1 x oer week $114 00
6 yard 2x er week $160.00
COMMERCIAL RECYCLE
96G 1x er week new
96G 2x per week new
3 vard 1 x per week new
3 vard 2x oer week new
6 yard 1x oerweek new
6 vard 2x ner week new
COMMERCIAL ORGANICS
96G 1 x per week new
96G 2x per week new
1.5 vard 1 x per week new
1.5 vard 2x er week new
ADDITIONAL SERVICES
Cart Reolacement fee for carts damaaed bv customer $50.00 Cart delivery fee for carts damaaed bv customer $75.00
Extra lift fee for container service $25.00
Contamination fee per cart - 2nd occurance new
Contamination fee er cart - 3nd or more occurance new
Extra lift fee per yard for overloaded containers $15.00 Contamination Fee per Yard new
Go-back charge for residents who did not place the cart out on the serviced av, must be on one of the two service days $20.00 Delivery and removal fee of small container for special cleanuos $25.00
Lockinq bin monthly charqe $125.00
Lock ourchase (must be provided by collector) $20.00
one time lockina conversion fee $200.00
ROLL OFF
Delivery $50,00
Service/Removal Charoe $340.00
Rental after 7 davs/oer dav $15.00
Tonnaae Billed Bv Mid Vallev/Per Ton $54.00
37 S81383
chanqe New Rates
11% $3100
$27.50
8% $28.00
30% $48.00
51% $98.00
84% $175.00
86% $128.00
69% $215.00
93% $220.00
125% $360.00
$10.00
$20.00
$59.00
$109.00
$97.00
$181.00
$18.00
$35.00
$85.00
$150.00
30% $65.00
-60% $30.00
0% $25.00
$15.00
$35.00
100% $30.00
$35.00
0% $20.00
40% $35.00
8% $135.00
50% $30,00
13% $225.00
0% $50,00
0% $340.00
0% $15.00
0% $54.00