DOS PALOS CITY COUNCIL
REGULAR MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue
Dos Palos, California, USA
6:00 pm, Tuesday, August 16, 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 qffirmative votes
5. Public Comment: 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 ajilture agenda, B. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
I. Presentation of the Audited Financial Statements for July 1, 2020 to June 3 0, 2021 by Price Paige & Company.
C. CONSENT CALENDAR:
1. Approval of the Minutes of the July 19, 2022 Regular Meeting.
2. Approval of the Pre-Paids for July 2022.
3. Approval of the Warrants for August 2022.
D. BUSINESS:
1. Review D.P.M.C. 17 .60.070, Off-Sale and On-Sale of Alcohol.
2. Designate approximately 104 feet of curb as loading and unloading (Yellow) on the eastside of Lucerne Avenue between Blossom Street and East Blossom Street.
Action
Report
Discussion
Report
Discussion
Action
3. Authorize the Mayor to enter into an Agreement with
Merced County Association of Governments for Measure V
Local Funding.
4. Authorize the Mayor to enter into an Agreement with
Merced County Association of Governments for Measure V
Regional Funding.
E. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS:
1. City Engineer.
2. Utilities.
3. Public Works.
4. Police.
5. City Attorney.
6. City Council.
7. Finance and Personnel.
8. City Manager.
9. Mayor.
Report
Discussion
Action
Report
Discussion
Action
F. ADJOURNMENT in memory of local departed: Isabel O'Bannon 86 Irma Vasquez 69
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 ofrecord are Ordinance #434 and Resolution 2022-13.
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]
Dos Palos City Council Minutes
July 19th , 2022
A. CALL TO ORDER: Mayor April Hogue called a regular meeting of the Dos Palos City Council to order at 6:02 pm in the City-County Building at 1546-1554 Golden Gate Avenue in Dos Palos, California on Tuesday, July 19th, 2022. l. The Pledge of Allegiance was led by Mayor Pro Tern Debbie Orlando.
2. An Invocation was made by Councilmember Pigg.
3. Roll Call: City Clerk Ysidro Garcia called Roll finding all City Councilmembers present: Mayor April Hogue, Mayor pro Tern Debbie Orlando, Councilmember Thomas Pigg, Councilmember Armando Bravo, and Councilmember Marcus Porter.
4. Urgency, Additions or Deletions: None.
5. Public Fomm: None
Others Present Included: City Attorney Mike , City Manager Dewayne Jones, Director of Utilities Craig Hackett, Chief of Police Rich McEachin, Director of Finance Manuela Sousa, Public Works Director Gordon Bonds and numerous others.
B. Commendations, Presentations, and Proclamations:
1. A proclamation was announced by Sergeant Chavez to pmclaim August 2, 2022 as National Night Out in Dos Palos. Event will be held in front of the Police Department at 6:00pm-9:00pm.
C. Consent Calendar:
1. It was moved by Councilmember Pigg and Seconded by Mayor Pro Tern Orlando to approve the minutes of the June 21st, 2022 regular meeting. The motion passed 5-0 as follows: AYES: Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None.
ABSENTATIONS: None. ABSENT: None
2. It was moved by Councilmember Pigg and Seconded by Mayor Pro Tern Orlando to approve the Treasures Report for February 2022. The motion passed 5-0 as follows: A YES:
Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None.
ABSENT: None
3. It was moved by Councilmember Pigg and Seconded by Mayor Pro Tem Orlando to approve the Treasures Report for March 2022. The motion passed 5-0 as follows: AYES:
Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None.
ABSENT: None.
4. It was moved by Councilmember Pigg and Seconded by Mayor Pro Tem Orlando to approve the Pre-Paids for June 2022. The motion passed 5-0 as follows: A YES: Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None. ABSENT:
None.
5. It was moved by Councilmember Pigg and Seconded by Mayor Pro Tern Orlando to approve the Wmrnnts for July 2022. The motion passed 5-0 as follows: AYES: Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None. ABSENT:
None.
D. Business:
1. Following a Staff Report It was Moved by Councilmember Bravo and Seconded by Councilmember Pigg to pass Resolution 2022-11. Authorizing the City Manager to file a Regional Surface Transportation Program(RSTP) Exchange program fund claim form for FY 2021/2022. The motion passed 5-0 as follows: A YES: Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None. ABSENT: None.
2. Following a Staff Report, Discussion was opened at 6: 18pm and closed at 6: 19pm with no discussion, It was Moved by Councilmember Bravo and Seconded by Councilmember Porter to pass Resolution 2022-12 Adopting the First Amended Groundwater Sustainability Plan for portions of the Delta-Mendota Subbasin. (Sitting as the Board of Directors for the City of Dos Palos Groundwater Sustanability Agency. The motion passed 5-0 as follows:
A YES: Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None.
ABSENT: None.
3. Following a Staff Report It was Moved by Councilmember Bravo and Seconded by Councihnember Pigg authorize the City Manager to enter an agreement with the County of Merced for Special Animal Control Services. The motion passed 5-0 as follows: A YES:
Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None.
ABSENT: None.
4. Following a Staff Report It was Moved by Councilmember Bravo and Seconded by Councilmember Porter to Authorize the City Manager to create and hire the position of Admin Clerk and approved updated Salary Schedule. The motion passed 5-0 as follows:
A YES: Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None.
ABSENT: None.
5. Following a Staff Report It was Moved by Councilmember Bravo and Seconded by Councilmember Pigg to Authorize the Surplus, Sale. Trade, or Recycle of Vehicles. The motion passed 5-0 as follows: A YES: Hogue, Orlando, Pigg, Bravo, and Porter. NOES:
None. ABSENTATIONS: None. ABSENT: None.
6. Following a Staff Report It was Moved by Councilmember Bravo and Seconded by Councilmember Porter for the Designation of Voting Delegate for the League of California Cities Annual Conference. Councilmember Bravo was nominated.
E. Correspondence, Events, Council and Staff Reports:
Various Reports were Presented.
H. Adjournment: The meeting was adjourned at 7:25pm in memory of:
David Carlucci 79
Mickey Mello 76
Kristie Yonkers 70
Charles Walker 4 J
Respectfully Submitted By,
Ysidro Garcia
Pre-Paid Listing July 2022
21342 Co Power - Department 34604
21343 Keenan & Associates
21344 Ysidro Garcia
07/19/2022 $ 17.50
07/19/2022 $ 1,395.20
07/21/2022 $ 217.49
Total $ 1,630.19
BR-Board Audit (08/11/2022 - 2:24 PM)
Warrant Listing - Aug 2022
21356 Amazon Capital Services 08/11/2022 $ 663.64
21357 Aramark 08/11/2022 $ 419.74
21358 Mike Areias 08/11/2022 $ 400.00
21359 AT&T 08/11/2022 $ 409.47
21360 AutoZone, Inc. 08/11/2022 $ 200.32
21361 Bankcard Center 08/11/2022 $ 1,984.75
21362 Bankcard Center 08/11/2022 $ 423.15
21363 Bankcard Center 08/11/2022 $ 91.58
21364 Bankcard Center 08/11/2022 $ 273.68
21365 Clifton Battles 08/11/2022 $ 146.36
21366 Bureau of Reclamation 08/11/2022 $ 2,527.20
21367 Casey Moving Systems 08/11/2022 $ 45.00 •
21368 Cintas 08/11/2022 $ 780.42
21369 City of Dos Palos 08/11/2022 $ 1,498.00
21370 CivicPlus LLC 08/11/2022 $ 2,740.00
21371 Comcast 08/11/2022 $ 626.92
21372 CopWare, Inc. 08/11/2022 $ 85.00
21373 Department of Transport 08/11/2022 $ 72.24
2137 4 Dooley Enterprises, Inc 08/11/2022 $ 935.28
21375 Dos Palos Drainage Dist 08/11/2022 $ 10,020.00
21376 Dos Palos Fire Dept. 08/11/2022 $ 225.00
21377 Electric Drives, Inc. 08/11/2022 $ 12,407.71
21378 Elite Uniforms 08/11/2022 $ 346.34
21379 ERS Industrial Services 08/11/2022 $ 124,025.41
21380 Ford Motor Credit Compa 08/11/2022 $ 1,147.58
21381 Ford Motor Credit Compa 08/11/2022 $ 550.44
21382 Fresno Mobile Radio Inc 08/11/2022 $ 350.00
21383 Frontier Communications 08/11/2022 $ 74.39
21384 Gall's , an Aramark Com 08/11/2022 $ 333.63
21385 Adam Garibay 08/11/2022 $ 3.00
21386 GM Fitness, Inc. 08/11/2022 $ 54.33
21387 Great America Financial 08/11/2022 $ 337.10
21388 Hawks & Associates CPAs 08/11/2022 $ 1,120.00
21389 HCL Machine Works, Inc 08/11/2022 $ 131.77
21390 Hi-Tech Emergency Vehic 08/11/2022 $ 16,269.25
21391 Home Depot Credit Servi 08/11/2022 $ 1,900.33
21392 Image Sales 08/11/2022 $ 23.92
21393 Ingraham Trophies 08/11/2022 $ 588.32
21394 Wingert Co. J.L. 08/11/2022 $ 2,734.39
21395 JG Hardware Store 08/11/2022 $ 90.51
21396 Justin's Tire and Auto 08/11/2022 $ 315.26
21397 Kuubix Global,LLC 08/11/2022 $ 300.00
21398 Lawson Products 08/11/2022 $ 246.07
21399 League of California Ci 08/11/2022 $ 54.45
21400 Liebert Cassidy Whitmor 08/11/2022 $ 88.50
21401 Local Agency Formation 08/11/2022 $ 657.89
21402 Attorneys at Law Lozano 08/11/2022 $ 1,140.25
21403 Marlin Business Bank 08/11/2022 $ 661.64
21404 Melin Enterprises, INC 08/11/2022 $ 650.00
21405 Mid Valley Disposal 08/11/2022 $ 51,186.50
21406 Mid Valley IT 08/11/2022 $ 4,159.60
21407 Midway Community Water 08/11/2022 $ 10,742.03
21408 N & S Tractor Co. 08/11/2022 $ 152.26
21409 Nicoletti Oil Inc. 08/11/2022 $ 9,725.21
21410 Northstar Chemical 08/11/2022 $ 3,603.75
21411 Orozco Yard Maintenance 08/11/2022 $ 2,620.00
21412 Pace Supply Corp 08/11/2022 $ 1,367.78
21413 Pacific Gas & Electric 08/11/2022 $ 33,038.02
21414 Pacific Tire 08/11/2022 $ 40.00
21415 Paramount Pest Control 08/11/2022 $ 171.00
21416 Pegboard 08/11/2022 $ 964.10
21417 Daniel Perez Jr 08/11/2022 $ 104.27
21418 Price Paige & Company 08/11/2022 $ 1,500.00
21419 Quad Knopf 08/11/2022 $ 10,750.20
21420 Quantum FSD, Inc. 08/11/2022 $ 124.95
21421 Safe T Lite 08/11/2022 $ 1,184.77
21422 San Luis & Delta Mendot 08/11/2022 $ 4,641.86
21423 Smile Business Products 08/11/2022 $ 110.86
21424 South Dos Palos Water D 08/11/2022 $ 5,505.38
21425 Polly Spain 08/11/2022 $ 66.50
21426 Springbrook Holding Com 08/11/2022 $ 822.00
21427 Staples 08/11/2022 $ 186.73
21428 State Foods Supermarket 08/11/2022 $ 150.15
21429 SWRCB 08/11/2022 $ 60.00
21430 SWRCB Accounting Office 08/11/2022 $ 113.16
21431 Symbol Arts
21432 TargetSolutions Learnin
21433 The Office City
21434 The Westside Express
21435 Trans-Rock Trucking
21436 United Rotary Brush Cor
21437 Underground Service Aler
21438 USABlue Book
21439 USDA, Service Center Ru
21440 Utility Service Co., In
21441 Valley Animal Hosptial
21442 Verizon Wireless
21443 Water Technology of Fre
21444 Westamerica Bank
21445 Yonkers & Johnson
08/11/2022 $ 1,093.90
08/11/2022 $ 1,792.00
08/11/2022 $ 344.05
08/11/2022 $ 60.00
08/11/2022 $ 2,500.00
08/11/2022 $ 3,589.60
08/11/2022 $ 1,200.00
08/11/2022 $ 192.12
08/11/2022 $ 21,366.10
08/11/2022 $ 7,190.32
08/11/2022 $ 120.00
08/11/2022 $ 1,053.98
08/11/2022 $ 853.25
08/11/2022 $ 2,245.76
08/11/2022 $ 72.51
Total $ 377,934.90
BR-Board Audit (08/11/2022 - 1 :07 PM)
17.60.070 Off-sale and on-sale of alcohol.
A. The conditions set forth in this chapter shall apply in all districts or zones.
B. Change of ownership or title or license renewal shall be cause to require a new permit and/or business license application.
c. In all calculations of allowable outlets per inhabitants in this chapter, the number of inhabitants shall be that number counted within the city limits in the last federal decennial census (1990, 2000, etc.), not adjusted or mid-decade figures.
D. In all calculations of allowable outlets per inhabitants in this chapter, a major fraction thereof shall not allow or provoke an additional permit or license.
E. No permit and/or business license shall be issued for the retail sale of off-sale beer and wine if the total number of licensed locations selling off-sale beer and wine exceeds one location per one thousand inhabitants.
F. No permit and/or business license shall be issued for the retail sale of off-sale distilled spirits or spirituous liquors if the total number of licensed locations selling off-sale distilled spirits or spirituous liquors exceeds one location per one thousand inhabitants.
G. Should the total number of licensed locations selling off-sale beer and wine be less than that allowed under 17.60.070 subsection E. (which is one location per one thousand inhabitants), then one additional licensed location selling off-sale beer, wine, distilled spirits or spirituous liquor may be substituted, provided that the total number of off-sale licensed locations allowed under sub-sections E. and F. is not increased.
H. No permit and/or business license shall be issued for the sale of on-sale beer and wine if the total number of licensed locations selling on-sale beer and wine meets or exceeds one location per one thotsand inhabitants.
I. No permit and/or business license shall be issued for the sale of on-sale distilled spirits or spirituous liquors if the total number of licensed locations selling on-sale distilled spirits or spirituous liquors meets or exceeds one location per two thousand inhabitants. (Code 1999, § 17.60.070; Ord. 348, 1999; Ord. 342 (part), 1997; Ord. No. 402, 1-3- 20~1)
Measure V Dos Palos Local Funding Agreement No. 2022707DP
MEASURE V LOCAL FUNDING AGREEMENT
between
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the
City of Dos Palos
This Measure V Local Funding Agreement ("AGREEMENT"), effective the 1st day of July 2022, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Dos Palos("RECIPIENT").
RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. ("Act"), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax ("Measure V").
B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in the Measure V Expenditure Plan-½ Cent Transportation Sales Tax Measure Expenditure Plan for Merced County ("Expenditure Plan"), as amended in accordance with State law.
C. This AGREEMENT delineates the requirements of the Local Projects funds that are directly allocated to local jurisdictions, as authorized by the Expenditure Plan.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
ARTICLE I - LOCAL PROJECTS FUNDING ALLOCATIONS
This AGREEMENT authorizes MCAG to allocate the Local Projects funds derived from Measure V receipts in accordance with the voter-approved Expenditure Plan as follows:
• Each jurisdiction (each City and the County) shall be allocated an annual base amount of $150,000 from the Local Projects funds. The total amount of this base amount will be subtracted from the 50% Local Projects funds before the remainder is allocated. 1 Measure V Dos Palos Local Funding Agreement No. 2022707DP • The remaining Local Projects funds after the base amount allocation shall be allocated in accordance with the Expenditure Plan based on the average of the jurisdiction's share of the total countywide population and its share of the total countywide publicly maintained road miles. For example, if a jurisdiction has 35% of the population and 75% of the road miles, it will be allocated 55% of the funds remaining after the base amounts are allocated. • 20% of each jurisdiction's total allocation of Local Projects funds shall be used for Alternative Modes projects as outlined in the Expenditure Plan.
A. LOCAL PROJECTS
1. Fifty percent (50%) of the Measure V funds collected shall be allocated to Local Projects. The individual local elected city councils and the Merced County Board of Supervisors are the decision-making bodies for the use of their respective allocations of the Local Projects funds within their respective jurisdictions. Each city and the County of Merced shall receive their Local Projects funding allocation as described above consistent with the Expenditure Plan.
The goal of the Local Projects funds is to improve the local transportation systems within each individual city and the County of Merced overall. At least twenty percent {20%) of the Local Projects funds each jurisdiction receives shall be used for Alternative Modes projects (see section B).
2. MCAG shall distribute the Local Projects funds pursuant to the formula described above and consistent with the Expenditure Plan. RECIPIENT allocations are subject to change based on variations of annual population figures and percent of road miles pursuant to Article II Paragraph A{2) herein.
3. The Expenditure Plan provides basic fund usage guidelines for RECIPIENT use of the Local Project funds received from the Measure V sales tax. Said guidelines are hereby incorporated into this AGREEMENT by reference.
4. RECIPIENT shall use the reporting tools designated by MCAG to maintain and provide a separate accounting of the Local Projects funds received and any and all expenditures from said funds to ensure that the funds are spent in accordance with the approved Expenditure Plan.
5. RECIPIENT may choose to advance funds for a project, either a project specified in the plan or a project for which they plan to use their Local Projects funds, and to receive reimbursement for that advancement in accordance with the plan. The fund advancement 2 Measure V Dos Palos Local Funding Agreement No. 2022707DP and reimbursement projections must be approved by a majority vote of the MCAG Governing Board per its Bylaws prior to the jurisdiction proceeding with the project.
RECIPIENT may also accumulate funds from their Local Projects allocations over several years to fund higher-cost projects.
6. RECIPIENT shall provide a report to the Citizens Oversight Committee within 60 days of the fiscal year end delineating the Local Projects funds received and how they were spent. In addition, RECIPIENT shall provide documentation as to whether or not the Maintenance of Effort as described in Article II, Paragraph B(4) below, was met.
B. ALTERNATIVE MODES PROJECTS
1. At least twenty percent (20%) of the Local Projects funds received by RECIPIENT shall be used for Alternative Modes projects as required in the Expenditure Plan. RECIPIENT may use more than the twenty percent {20%) minimum but not less. The goal of this sub-category of projects is to provide safe alternatives to automobile travel, increase use of alternative modes, and improve air quality and the environment. RECIPIENT may also accumulate funds from their Local Projects allocations over several years to fund higher-cost Alternative Modes projects.
2. This sub-category may be used for projects and programs that provide alternatives to singleoccupant vehicle use, increase use of alternative modes, and improve air quality and the environment, including but not limited to the following:
• Sidewalks, crosswalks, safe routes to schools, ADA curb ramps and other pedestrian projects
• Bicycle projects
• Passenger ra ii
• Railroad crossing safety improvements
• Van pools, carpools or other ridesharing programs or incentives • Roundabouts or other air quality improvements
• Other alternative modes
3 Measure V Dos Palos Local Funding Agreement No. 2022707DP ARTICLE II: PAYMENTS AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
1. Within 5 business days of actual receipt of the Measure V sales tax revenues from the State Board of Equalization ("BOE"), MCAG shall pay to the RECIPIENT its allocated amount of available Local Projects funds provided that the RECIPIENT is current on expenditure reporting requirements as outlined in Article II, Paragraph B(3). With the payment, MCAG shall provide the RECIPIENT with an itemized breakdown of how the allocation payment was calculated. In the event of non-compliance, MCAG maintains the authority to hold Local Project fund allocations until reporting requirements are met.
2. MCAG shall annually update the Measure V revenue projections and the resulting fund allocation formulas to reflect the most current population using the California Department of Finance's annual population estimates (Report E-1 published annually in May) and the Maintained Miles by jurisdiction as published in the most current California Public Road Data. MCAG shall use the updated Local Projects allocation formulas in the allocations beginning July 1 of each new fiscal year, which is from July 1 to June 30. MCAG shall provide the RECIPIENT prompt notice of any update to the allocation formulas and MCAG's application of the updated formula to the RECIPIENT's allocation.
3. MCAG shall include Measure V Local Projects funds distributed to each RECIPIENT in a quarterly report to the Board of Directors.
4. MCAG shall provide for an independent annual audit of its financial statements including revenues and expenditures and of its calculation of the allocation formula for distributing Measure V revenues to RECIPIENT and the other jurisdictions.
5. MCAG shall provide reasonable notice to RECIPIENT prior to conducting an audit of Local Projects funds received by RECIPIENT to determine whether the RECIPIENT's use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.
B. RECIPIENT'S DUTIES AND OBLIGATIONS
1. RECIPIENT shall use all Local Projects funds received in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the Board of Directors for MCAG in accordance with applicable law.
2. RECIPIENT shall use and maintain the designated reporting tools to report on funds received and expended. RECIPIENT must account for Local Projects funds, including any interest 4 Measure V Dos Palos Local Funding Agreement No. 2022707DP received or accrued, separately for each fund type. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the absolute right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by application law.
3. RECIPIENT will use the designated reporting tools to provide MCAG with the required information related to Local Projects funds expenditures according to the following schedule:
Reporting Period
July 1 to September 30
October 1 to December 31
January 1 to March 31
April 1 to June 30
Due Date
October 31
January 31 of following calendar year
April 30
August 30 (60 days are provided for
The 4th quarter of each fiscal year)
4. RECIPIENT hereby agrees to the Maintenance of Effort. The enabling legislation in Public Utilities Code Section 180001(e) provides:
It is the intent of the Legislature that funds generated pursuant to this division be used to supplement and not replace existing local revenues used for transportation purposes.
If RECIPIENT receives revenues for Local Projects, it shall annually maintain, as a minimum, the same level of local fully discretionary general fund revenues that were expended on average for fiscal years 2016/17, 2017 /18, and 2018/19, for transportation purposes.
Dedicated funds for transportation such as gas tax revenues are not counted as general fund revenues. Transfers into the general fund will not be counted as general fund revenues.
Grant awards and general fund revenues used as matching funds for grant awards will not be counted as general fund revenues.
5. RECIPIENT hereby agrees to and accepts the formulas used in the allocation of Measure V, as reflected in the Expenditure Plan, and agrees to accept and use the California Department of Finance Estimates of Population figures (Report E-1, updated annual in May) 5 Measure V Dos Palos Local Funding Agreement No. 2022707DP for California cities and counties and the maintained miles by jurisdiction as published in the most current California Public Road Data for the annual update of the sales tax allocation formulas to begin in each new fiscal year.
C. OTHER CONSIDERATIONS
1. Transportation Purposes Only: RECIPIENT shall use all Local Projects funds solely for transportation purposes as defined by the Expenditure Plan. Any jurisdiction that violates this provision, as determined by the MCAG Board, must fully reimburse all misspent funds, including all interest which would have been earned thereon. The interest rate shall not exceed the maximum allowed by law.
2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with Local Projects funds, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.
3. Fund Exchange: Each local jurisdiction shall have the authority to loan Local Projects funds allocated to them to other local jurisdictions for the implementation of needed transportation projects.
4. CEQA: All projects funded with Local Projects funds shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.
5. Promotion: At a minimum, RECIPIENT agrees to promote all projects funded by more than $50,000 through Measure V with branded signage and is encouraged to use additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. For this same category of projects, RECIPIENT also agrees to provide MCAG with at least two (2) photographs of the project, either 1) in progress or 2) before and after completion or some combination thereof.
ARTICLE Ill: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold payment of further Local Projects funds to RECIPIENT until full compliance is achieved. 6 Measure V Dos Palos Local Funding Agreement No. 2022707DP
1. RECIPIENT shall, by December 31st of each year, submit to MCAG at the RECIPIENT's expense, separate independently audited financial statements for the prior fiscal year of Local Projects funds received and used.
2. RECIPIENT shall provide current and accurate information on RECIPIENT's website (if applicable) and to MCAG for the Measure V website, to inform the public about how RECIPIENT is using Local Projects funds.
3. RECIPIENT shall, at least annually, publish an article highlighting a project or program funded by Local Projects funds, or provide information to MCAG's Public Information Officer regarding such project or program for publication.
4. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT's receipt, usage, and/or compliance with audit findings regarding Local Projects funds before the Citizens Oversight Committee.
5. RECIPIENT agrees that MCAG may review and/or evaluate all projects or programs funded pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT'S project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT's staff or governing body.
ARTICLE IV: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Local Projects funds distributed to RECIPIENT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Local Projects funds distributed to RECIPIENT pursuant to this AGREEMENT. 7 Measure V Dos Palos Local Funding Agreement No. 2022707DP B. INDEMNITY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. ATTORNEY'S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.
E. TERM
The term of this AGREEMENT shall be from July 1, 2022 to June 30, 2027, unless amended in writing or a new Measure V Local Funding Agreement is executed between MCAG and RECIPIENT.
F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction or, if applicable, an arbitrator, to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
8 Measure V Dos Palos Local Funding Agreement No. 2022707DP G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding Local Projects funds. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY OF Dos PALOS
By:
Mayor
Approved as to Legal Form:
Jurisdiction Legal
By:
Name
Counsel
Date
Date
9 MERCED COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG)
By:
Stacie Guzman
Executive Director
Date
Reviewed as to Budget/Financial Controls:
By:
Nav Bagri Date
Deputy Executive Director
Approved as to Legal Form:
By:
Emily Haden Date
Legal Counsel to MCAG
Measure V Regional Project Funding Agreement No. 20220811NB
MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
between
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the
City of Dos Palos
This Measure V Regional Project Funding Agreement ("AGREEMENT"), effective the---~ 2022, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Dos Palos, ("RECIPIENT") for the Blossom Street East Area ("PROJECT").
RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. ("Act"), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax ("Measure V").
B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County's 2016 -½ Cent Transportation Sales Tax Measure Expenditure Plan ("Expenditure Plan"), as it may be amended in accordance with State law.
C. This AGREEMENT delineates the rights and responsibilities of the Parties hereto as they relate to the Regional Projects funds that are allocated to the PROJECT by the MCAG Governing Board, as authorized by the Expenditure Plan.
NOW, THEREFORE, itis mutually agreed by and between the parties as follows:
ARTICLE I: REGIONAL PROJECTS FUNDING ALLOCATION
This AGREEMENT authorizes MCAG to allocate Regional Projects funds derived from Measure V receipts to RECIPIENT in accordance with the voter-approved Expenditure Plan based on the PROJECT's satisfaction of the following criteria:
1- Draft for GB action 8.9.18
Measure V Regional Project Funding Agreement No. 20220811NB • The PROJECT is of regional significance by being located on the State Highway System, the Regional Road System, in more than one jurisdiction, and/or directly benefiting more than one jurisdiction.
• The PROJECT is included in the applicable Regional Transportation Plan (RTP). • The PROJECT was recommended by the appropriate Regional Projects Committee of authority based on the PROJECT location.
• The PROJECT was approved by the MCAG Governing Board. • The PROJECT is included in the current Measure V Implementation Plan.
ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope
1. The PROJECT funding allocation was approved by the MCAG Governing Board for Blossom Street East.
2. The PROJECT will include a complete rebuild of Blossom Street East.
3. In utilizing the Measure V funding allocation, the RECIPIENT shall only proceed with work authorized for the specific phase(s) with written "Authorization to Proceed." Within 5 days of the execution of this AGREEMENT or amendment thereof, MCAG shall provide a written "Authorization to Proceed" to the RECIPIENT.
B. Project Costs
1. The PROJECT has a total estimated project cost of $3,975,000 as of the date of this AGREEMENT.
2. The PROJECT has been approved for an allocation from the Measure V West Side Regional Projects funding account in an amount not to exceed $3,975,000.
3. The RECIPIENT is responsible for any PROJECT cost overruns. Requests for additional Measure V regional projects revenue beyond what is approved and programmed in the current Implementation Plan may be considered by MCAG through an amendment to the Implementation Plan. All Implementation Plan amendments must be approved by the Governing Board.
4. Regional funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will remain in the appropriate Regional Projects funding account 2 - Draft for GB action 8.9.18
Measure V Regional Project Funding Agreement No. 20220811NB and will be eligible for future programming to regional projects as authorized by the Expenditure Plan.
C. Project Schedule
1. RECIPIENT shall adhere to the following schedule to deliver the PROJECT in a timely manner.
Inactivity causing delays of 6 months or more during any phase of the PROJECT shall require action from the MCAG Governing Board to either extend the PROJECT schedule through an amendment to this AGREEMENT or reallocate the PROJECT's funding to another project in the current Implementation Plan.
a. Project Study
b. Environmental Impact Study
c. Design
d. Right of Way Acquisition
e. Construction
FY 22/23
FY 22/23
FY 23/24
FY 23/24
FY 24/25
2. The RECIPIENT has six months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the RECIPIENT's staff.
3. The RECIPIENT shall advertise, award, and administer the PROJECT in accordance with RECIPIENT standards and all applicable federal and state laws.
4. Award information shall be submitted by the RECIPIENT to MCAG within sixty (60) days after the project contract award.
5. If no costs have been invoiced for a six-month period, RECIPIENT agrees to submit for each phase a written explanation of the absence of the PROJECT's activity along with target billing date and target billing amount.
6. Measure V Regional Projects funding allocated to the PROJECT that remains unused at the conclusion of the PROJECT schedule above (including any extensions authorized by MCAG) may be redistributed to other regional projects within the current Implementation Plan at the discretion of the MCAG Governing Board.
D. Changes to Project
Changes to the PROJECT scope, schedule or Measure V Regional Projects funding allocation may require an amendment to the Measure V Implementation Plan at the discretion of the MCAG Governing Board. Subsequently, any amendments to the Implementation Plan related to the PROJECT will also require an amendment to this AGREEMENT, requiring action from both parties.
3 - Draft for GB action 8.9.18
Measure V Regional Project Funding Agreement No. 20220811NB ARTICLE Ill: FUNDING AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
1. RECIPIENT shall be reimbursed no later than thirty (30) days following the submission of invoices to MCAG for allowed PROJECT costs, with the exception of costs associated with compliance with the requirements outlined in Article IV, Section A of this AGREEMENT.
2. MCAG shall provide the reimbursement forms and documentation requirements for the submission of invoices to RECIPIENT no later than thirty (30) days following the date of this AGREEMENT.
3. MCAG shall include Measure V Regional Projects funds distributed to the PROJECT in a quarterly report to the MCAG Governing Board.
4. Per the Expenditure Plan, MCAG shall provide for an independent annual audit of Measure V revenue and expenditures for all funding categories, including the PROJECT.
5. MCAG shall provide thirty (30) days notice to RECIPIENT prior to conducting an audit of Regional Project funds received by RECIPIENT for the PROJECT to determine whether the RECIPIENT's use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.
B. RECIPIENT'S DUTIES AND OBLIGATIONS
1. RECIPIENT shall use all Regional Projects funds received for this PROJECT in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the MCAG Governing Board in accordance with applicable law.
2. RECIPIENT must account for Regional Projects funds separately- independent of Measure V Local Projects accounts. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law.
3. RECIPIENT will utilize the Designated Reporting Tool to provide MCAG with the required information related to Regional Projects fund expenditures according to the following schedule:
4 - Draft for GB action 8.9.18
Measure V Regional Project Funding Agreement No. 20220811NB Quarter Reporting Period Due Date
FY 18-19 Ql July 1 to September 31 October 31, 2018
FY 18-19 Q2 October 1 to December 31 January 31, 2019
FY 18-19 Q3 January 1 to March 31 April 30, 2019
FY 18-19 Q4 April 1 to June 30 August 30, 2019*
FY 19-20 Ql July 1 to September 31 October 31, 2019
FY 19-20 Q2 October 1 to December 31 January 31, 2020
FY 19-20 Q3 January 1 to March 31 April 30, 2020
FY 19-20 Q4 April 1 to June 30 August 31, 2020*
*60 days provided for the 4th quarter of each fiscal year.
C. OTHER CONSIDERATIONS
1. PROJECT-Specific Allocation: RECIPIENT shall use all Regional Projects funds allocated to the PROJECT solely for the PROJECT. Any jurisdiction that violates this provision, as determined by the MCAG Governing Board or Measure V Citizens Oversight Committee, must fully reimburse all misspent funds, including all interest which would have been earned thereon.
The interest rate shall not exceed the maximum allowed by law.
2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with the PROJECT, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.
3. Q;QA; The PROJECT shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.
4. Promotion: At a minimum, RECIPIENT agrees to promote the PROJECT through branded signage and is encouraged to utilize additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. RECIPIENT also agrees to provide MCAG with at least five (5) photographs of the project, either in progress, before and after completion, or some combination thereof. At least one photograph of the completed PROJECT is required. 5 - Draft for GB action 8.9.18
Measure V Regional Project Funding Agreement No. 20220811NB ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.
1. As a means to keep the public informed, the RECIPIENT, at a minimum, shall provide quarterly updates of current and accurate information on RECIPIENT's website (if applicable) and to MCAG for the Measure V website, related to the PROJECT's progress.
2. RECIPIENT shall, at least annually, publish an article highlighting the PROJECT, or provide information to MCAG regarding such project or program for publication.
3. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT's receipt, usage, and/or compliance with audit findings regarding the PROJECT before the Citizens Oversight Committee.
4. RECIPIENT agrees that MCAG may review and/or evaluate the PROJECT pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT's project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT'S staff or governing body.
ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Regional Projects funds distributed to RECIPIENT for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT for the PROJECT in connection with the Regional Projects funds distributed to RECIPIENT pursuant to this AGREEMENT.
6 - Draft for GB action 8.9.18
Measure V Regional Project Funding Agreement No. 20220811NB B. INDEMNITY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.
C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. A TT ORN EV'S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.
E. TERM
The term of this AGREEMENT shall be from July 1, 2022 to sixty (60) days following the completion of the scope of work as described in Article II, unless amended in writing or a new Measure V Regional Project Funding Agreement is executed between MCAG and RECIPIENT.
F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
7 - Draft for GB action 8.9.18
Measure V Regional Project Funding Agreement No. 20220811NB G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding the Regional Projects funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY OF DOS PALOS (RECIPIENT)
By:
April Hogue
Mayor
Date
Approved as to Budget/Financial Controls:
By:
Dewayne Jones Date
City Manager
Approved as to Legal Form:
By:
City Attorney Date
MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
By:
Stacie Guzman
Executive Director
Reviewed as to Budget/Financial Controls:
By:
Nav Bagri
Deputy Executive Director
Approved as to Legal Form:
By:
Emily Haden
Legal Counsel to MCAG
Date
Date
Date
8 - Draft for GB action 8.9.18