DOS PALOS CITY COUNCIL
REGULAR MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue
Dos Palos, California, USA
6:00 pm, Tuesday, October 18, 2022
A. CALL TO ORDER:
1. 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 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 afitture agenda.
B. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
None.
C. CONSENT CALENDAR: Action
I. Approval of the Minutes of the September 20, 2022 Regular Meeting.
2. Approval of the Pre-Paids for September 2022.
3. Approval of the Warrants for October 2022.
4. Approval of the Treasurer's Report for May 2022.
D. BUSINESS:
1. Ordinance 433, Off-Sale and On-Sale of Alcohol.
2. Ordinance 434, Adopting by Reference, the 2022
California Building Codes.
3. Authorize the City Manager to enter into an MOU with Merced County Fire for Participation in a FEMA Grant for Self-Contained Breathing Apparatus.
Public Hearing
Waive First Reading
Motion to Introduce
Public Hearing
Waive First Reading
Motion to Introduce
Report
Discussion
Action
4. Transfer $95,000 from LAIF to the Sewer Capital Fund for the purchase of a Grinder at the Wastewater Treatment Plant.
Report
Discussion
Action
5. Award Bid for Thomas Street Project. Report
Discussion
Action
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.
F. ADJOURNMENT in memory of local departed: Emily Vincent 95 Roberta Rodriguez 62
Michael Truhett 61
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 44 th Council Session is now in session and ends on N av ember 15, 2022. The next available numbers of record are Ordinance #435 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
September 20th, 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, September 20'\ 2022.
1. The Pledge of Allegiance was led by Mayor Pro Tern Debbie Orlando.
2. Invocation was led by Councilmember Thomas 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. Absent: None.
4. Urgency, Additions or Deletions: None.
5. Public Forum: None
Others Present Included: City Attorney Mike Linden , 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 presentation of the Audited Financial Statements for July l '1, 2020 to June 30, 2021 by Price Paige and Company was presented by Anthony Gonzalez.
C. Consent Calendar:
1. It was moved by Councilmember Porter and Seconded by Mayor Pro Tern Orlando to approve the Minutes of the August 16th, 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 Porter and Seconded by Mayor Pro Tern Orlando to approve the Pre-Paids for August, 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 Porter and Seconded by Mayor Pro Tern Orlando to approve the Warrants for September 2022. The motion passed 5-0 as follows: A YES:
Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None.
ABSENT: None.
4. It was moved by Councilmember Porter and Seconded by Mayor Pro Tern Orlando to approve the Revised Treasurer's Report for February 2022 and March 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 Porter and Seconded by Mayor Pro Tern Orlando to approve the Treasures Report for April 2022. The motion passed 5-0 as follows: A YES:
Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None.
ABSENT: None.
6. It was moved by Councilmember Porter and Seconded by Mayor Pro Tern Orlando to approve the action to accept the 2020-2021 Audit as Presented. The motion passed 5-0 as follows: A YES: Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None.
ABSENTATIONS: None. ABSENT: None.
D. Business:
1. City Attorney Mike Linden Introduced Ordinance 433, Off Sale and On Sale of Alcohol to the public. Additions and changes were requested to be brought back to the next meeting.
2. City Engineer Garth A. Pecchenino made updates and reports on City Projects.
E. Correspondence, Events, Council and Staff Reports:
Various Reports were Presented.
H. Adjournment: The meeting was adjourned at 7:35pm in memory of:
Milman Barnes 90
Ray Lee Dehart 88
Larry Bonds Sr 81
Margaret Sepulveda 67
James Bryant 65
Respectfully Submitted By,
Ysidro Garcia
Pre-Paid Sept 2022
21582 Co Power - Dept
21584 Keenan & Assoc
21588 Water Technolo
21589 Greg Brinkley Con
21590 Coleman Electric
21591 Westwind
09/16/2022 $ 28.80
09/16/2022 $ 1,395.20
09/22/2022 $ 853.25
09/29/2022 $ 3,500.00
09/29/2022 $ 458. 88
09/29/2022 $ 1 , 121 . 36
Grand Total $ 7,357.49
BR-Board Audit (10/13/2022 - 1 :44 PM)
Warrant Listing Oct 2022
21601 Alphabet Signs 10/13/2022 $ 1,020.00
21602 Amazon Capital Service 10/13/2022 $ 597.77
21603 Animal Medical Center 10/13/2022 $ 102.45
21604 Aramark 10/13/2022 $ 530.76
21605 AT&T 10/13/2022 $ 409.47
21606 Lozano Smith Attorneys 10/13/2022 $ 1,606.57
21607 AutoZone, Inc. 10/13/2022 $ 653.12
21608 Baby's First Steps Nut 10/13/2022 $ 97.34
21609 Baker, Manock & Jensen 10/13/2022 $ 2,413.00
21610 Bankcard Center 10/13/2022 $ 518.38
21611 Bankcard Center 10/13/2022 $ 192.60
21612 Bankcard Center 10/13/2022 $ 1,701.09
21613 Bankcard Center 10/13/2022 $ 14.99
21614 Jessica & Jeffery Bank 10/13/2022 $ 9.99
21615 Barton Overhead Door 10/13/2022 $ 710.47
21616 Bob Johnson's Computer 10/13/2022 $ 661.98
21617 Gordon Bonds 10/13/2022 $ 14.62
21618 Bureau of Reclamation 10/13/2022 $ 1,905.12
21619 California Building St 10/13/2022 $ 125.10
21620 Casey Moving Systems 10/13/2022 $ 45.00
21621 Central California Irr 10/13/2022 $ 9,525.00
21622 Cintas 10/13/2022 $ 291.85
21623 City of Dos Palos 10/13/2022 $ 1,500.00
21624 Comcast 10/13/2022 $ 968.09
21625 CSG Consultants, Inc. 10/13/2022 $ 450.33
21626 CSJVRMA - C/O Bickmore 10/13/2022 $ 56,232.00
21627 Department of Justice 10/13/2022 $ 490.00
21628 Dos Palos Fire Dept. 10/13/2022 $ 225.00
21629 Electric Drives, Inc. 10/13/2022 $ 2,945.17
21630 Elite Uniforms 10/13/2022 $ 162.35
21631 Far West Laboratories, 10/13/2022 $ 3,013.00
21632 Ford Motor Credit Comp 10/13/2022 $ 1,147.58
21633 Ford Motor Credit Comp 10/13/2022 $ 550.44
21634 Frasier Irrigation 10/13/2022 $ 20.31
21635 Fresno Mobile Radio In 10/13/2022 $ 350.00
21636 Fresno Truck Center 10/13/2022 $ 219.58
21637 Frontier Communication 10/13/2022 $ 59.62
21638 Gall's , an Aramark Co 10/13/2022 $ 206.65
21639 Great America Financia 10/13/2022 $ 174.69
21640 Hawks & Associates CPA 10/13/2022 $ 4,690.00
21641 HCL Machine Works, Inc 10/13/2022 $ 236.29
21642 Jesus Hernandez Villan 10/13/2022 $ 41.50
21643 Home Depot Credit Serv 10/13/2022 $ 1,442.15
21644 J&G Controls 10/13/2022 $ 1,012.00
21645 Justin's Tire and Auto 10/13/2022 $ 79.84
21646 Marcos Magana 10/13/2022 $ 134.14
21647 Marlin Business Bank 10/13/2022 $ 661.64
21648 Melin Enterprises, INC 10/13/2022 $ 650.00
21649 Merced County Associat 10/13/2022 $ 2,657.00
21650 Merced County Tax Coll 10/13/2022 $ 7,067.44
21651 Mid Valley Disposal 10/13/2022 $ 50,966.00
21652 Mid Valley IT 10/13/2022 $ 7,517.74
21653 Midcal Dredging, Inc. 10/13/2022 $ 3,510.00
21654 Midway Community Water 10/13/2022 $ 9,214.76
21655 N & S Tractor Co. 10/13/2022 $ 5,020.54
21656 Nicoletti Oil Inc. 10/13/2022 $ 6,056.06
21657 Northstar Chemical 10/13/2022 $ 6,360.39
21658 NTU Technologies, Inc. 10/13/2022 $ 19,392.45
21659 Orozco Yard Maintenanc 10/13/2022 $ 2,750.00
21660 Pacific Gas & Electric 10/13/2022 $ 30,240.01
21661 Pacific Tire 10/13/2022 $ 498.00
21662 Paramount Pest Control 10/13/2022 $ 171.01
21663 Pegboard 10/13/2022 $ 2,965.31
21664 Pinnacle Healthcare LB 10/13/2022 $ 80.00
21665 Quad Knopf 10/13/2022 $ 28,106.06
21666 Quantum FSD, Inc. 10/13/2022 $ 124.95
21667 Richard Martorello 10/13/2022 $ 1,150.00
21668 San Joaquin Delta Coll 10/13/2022 $ 457.00
21669 San Luis & Delta Mendo 10/13/2022 $ 4,019.68
21670 Angel Serrano 10/13/2022 $ 146.50
21671 Smile Business Product 10/13/2022 $ 32.65
21672 South Dos Palos Water 10/13/2022 $ 4,974.90
21673 Springbrook Holding Co 10/13/2022 $ 763.00
21674 State Foods Supermarke 10/13/2022 $ 61.30
21675 James M. Stofle 10/13/2022 $ 1,710.00
21676 The Westside Express 10/13/2022 $ 700.00
21677 US Public Safety Group 10/13/2022 $ 106.58
21678 USDA, Service Center R 10/13/2022 $ 18,700.00
21679 Utility Service Co., I 10/13/2022 $ 3,595.16
21680 Bulmaro Vasquez 10/13/2022 $ 30.99
21681 Verizon Wireless 10/13/2022 $ 1,052.26
21682 Water Connection 10/13/2022 $ 2,880.00
21683 Westamerica Bank 10/13/2022 $ 741.92
21684 Westamerica Bank 10/13/2022 $ 1,503.84
21685 J.L. Wingert Co. 10/13/2022 $ 674.01
21686 Yonkers & Johnson 10/13/2022 $ 20.85
21687 Young's Air Conditioni 10/13/2022 $ 592.00
Total $ 327,419.40
BR-Board Audit (10/13/2022 - 12:54 PM)
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
LEXISNEXIS POLICE
COPOWER Payment
EDD Payment
TOTAL CASH FLOW BALANCE:
CITY OF DOS PALOS
CASH FLOW REPOT
MAY, 2022
GENERAL FUND
WATER DEPOSIT
UTILITIES
PAYROLL
DIRECT DEPOSIT PAYROLL
WARRANTS
CITY TREASURER
667,126.78
836,825.77
450.00
262,582.65
1,099,858.42
692.60
103,011.37
485,328.29
589,032.26
667,126.78
1,099,858.42
-589,032.26
-2,129.19
-285.09
-22628.34
-9.95
100.00
50.00 -14.95
-382.33
1,152,653.09
CITY OF DOS PALOS
WESTAMERICA BANK RECONICILIATION
MAY, 2022
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
20108 ANA DELAROCHA VALDEZ
20171 YOUNGS AIR CONDITIONING
20258 STACY & DEAN PECK
20339 HERIBERTO ESRADA
20471 JG HARDWARE STORE
20559 BANKCARD CENTER
20569 COLEMAN ELECTRIC
20707 MISSION COMMUNICATIONS
20803 DOS PALOS FIRE DEPT
20827 LAURA'S FUNKY CITZ & NAILS
20831 DAYMAN MARRINEZ
20909 SANTIAGO BANUELOS
1,231,505.46
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
44.59 6450.85
31.32 6.79
5.35 1266.60
458.88
2169.00
252.00
85.60 24.20
5.60 20912 CALIFORNIA BUILDING STANDARDS
20930 DOS PALOS FIRE DEPT
21035 CALIFORNINA ASSOCIATION OF EN FOR
21045 DOS PALOS FIRE DEPT
21046 DOS PALOS LIONS CLUB
21058 JUANGUERRERO
21059 HAWKS & ASSOCIATES CPA
21063 JG HARDWARE STORE
21076 PG & E
21083 S DOS PALOS WATER DIST
21084 S DOS PALOS WATER DIST
21086 STAPLES
21087 STOCKING & COZZI INS
21088 SWRCB
21100 EMPLOYEE CHECK
21101 EMPLOYEE CHECK
21108 FRANCHISE TAX BOARD
21109 KEENAN & ASSOCIATES
21114 ELIZABETH SKELSON
TOTAL COMPUTER WARRANTS:
BEGINNING BALANCE:
TOTAL COMPUTER WARRANTS:
OUTSTANDING DEPOSITS:
TOTAL CASH FLOW BALANCE:
35.60 225.00
2200.00
225.00
2527.00
42.49 1660.00
37.14 21077.47
2831.22
3873.66
666.14
7032.00
65.00 138.52
138.52
329.00
23165.24
125.00
$83,998.72
1,231,505.46
-83,998.72
5146.35
1,152,653.09
ORDINANCE NO. 433
AN ORDINANCE OF THE CITY OF DOS PALOS AMENDING TITLE 17, CHAPTER 60, SECTION 070 OF THE CITY OF DOS PALOS MUNICIPAL CODE
RECITALS
WHEREAS, Section 070 of Chapter 60 of Title 17 of the Municipal Code (entitled "Off-sale and on-sale of alcohol" and hereinafter referred to as "Section 070") governs licenses within the City for the off-sale and on-sale of alcohol at business establishments within the City; and
WHEREAS, Section 070 currently allows for the distribution of business license that contains the off-sale or on-sale of alcohol within the City based on certain license types of the California's Department of Alcohol Beverage Control ("ABC"), including Type 20 (sale of beer and wine for consumption off the package store premises where sold), Type 21 (sale of beer, wine, and distilled spirits for consumption off the package store premises where sold), Type 41 (the sale of beer and wine for consumption on the restaurant premises where sold), and Types 47 and 48 (sale of beer, wine, and distilled spirits for consumption on the restaurant, bar, or night club premises where sold); and WHEREAS, based on the provisions of Section 070, the City currently has three existing business licenses out of the five allowed for Type 20, four existing business licenses out of the five allowed for Type 21, five existing business licenses out of the five allowed for Type 41, and two existing business licenses out of the two allowed for Type 47 or Type 48; and
WHEREAS, the ABC Type 75 license (Brewpub-Restaurant) authorizes the sale of beer, wine, and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing of beer, and Section 070 does not currently allow for such a premises, which would contribute to the economic vitality of the City.
WHEREAS, there are currently business license holders for the on-sale and offsale of alcohol within the City that do not have active business establishments, and thus the licenses are not being utilized as intended for the purpose of serving the City's citizens and contributing to the City's economic vitality; and
WHEREAS, the City currently does not have a system for the processing of applications for business license that contains the off-sale or on-sale of alcohol, including the establishment of a priority for such applicants to obtain an alcohol license when one becomes available; and
WHEREAS, the City Council desires through the passage of this Ordinance to amend Section 070 in its entirety, so as to provide the framework for the application, distribution, and maintenance of business licenses that contain the off-sale or on-sale of alcohol at business establishments within the City.
NOW, THEREFORE, the City Council for the City of Dos Palos hereby ordains as follows:
SECTION 1. FINDINGS
The City Council has duly considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. PURPOSE
The purpose of this Ordinance to Ordinance to amend Section 070 of Chapter 60 2 of Title 17 of the Municipal Code in its entirety, so as to provide the framework for the application, distribution, and maintenance of business licenses that contain the off-sale or on-sale of alcohol at business establishments within the City.
SECTION 3. AMENDMENT TO MUNICIPAL CODE
Section 070 of Chapter 60 of Title 17 of the Municipal Code is hereby amended to read as follows:
17.60.070 Off-sale and on-sale of alcohol.
A. The conditions set forth in this chapter and section shall apply in all districts or zones.
B. No business license within the City that contains the off-sale or on-sale of alcohol shall be issued or maintained without a demonstration to the City's satisfaction that an appropriate license type from the State of California's Department of Alcohol Beverage Control ("ABC") for the off-sale or on-sale of alcohol has been issued and is current.
C. If upon application for a business license that contains the off-sale or onsale of alcohol at a business establishment, and no such licenses are available based upon the provisions of this section, the applicant shall be placed on a waiting list for such a license, where the order of priority is based upon the date of the application is deemed complete by the City. Upon the availability of a license, the applicant at the top of the waiting list shall be contacted by the City to determine whether that applicant still desires to obtain a license. If this applicant no longer desires to obtain a license or is not able to be contacted by the City, then the next applicant in order on the waiting list shall be contacted.
3 D. 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, not adjusted or mid-decade figures.
E. 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.
F. No business license shall be issued for the retail sale of off-sale beer and wine (ABC Type 20) if the total number of licensed locations selling exceeds one location per one thousand inhabitants.
G. No business license shall be issued for the retail sale of off-sale of beer, wine, and distilled spirits (ABC Type 21) if the total number of licensed locations exceeds one location per one thousand inhabitants.
H. No business license shall be issued for the sale of on-sale beer and wine at a restaurant (ABC Type 41) if the total number of licensed meets or exceeds one location per one thousand inhabitants.
I. No business license shall be issued for the sale of on-sale beer, wine, and distilled spirits at restaurant (ABC Type 47) or a bar or night club (ABC Type 48) if the total number of licensed locations meets or exceeds one location per two thousand inhabitants.
J. No business license shall be issued for the sale of on-sale beer, wine, and distilled spirits at a bona fide eating place with a limited amount of brewing of beer (ABC Type 75) if the total number of licensed locations meets or exceeds one location per five thousand inhabitants.
4 K. The change in ownership, title, or an ABC license renewal shall be cause to require a new business license application for the off-sale or on-sale of alcohol.
L. For any business establishment holding a business license that contains the off-sale or on-sale of alcohol, the entitlement to maintain such a license is contingent upon the active status of that business establishment. Upon actual notice by the City that the holder of such a license no longer has an active business establishment connected to that license, the City Council, at a public hearing and with notice to the license holder, may revoke the license upon a finding that the license is no longer connected to an active business establishment.
SECTION 4. VALIDITY OF ORDINANCE
If any article, section, sub-section, sentence, clause, or phrase of this Ordinance is held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions this Ordinance.
SECTION 5. SUMMARY OF ORDINANCE
The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the County at least five (5) days prior to adoption and again fifteen (15) days after its adoption. If a summary of the Ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed Ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the Ordinance is adopted, and again after the meeting at which the Ordinance is adopted. The summary shall be approved by the City Attorney.
II
5 * * * * * * * * * * * * * * *
The foregoing Ordinance was adopted this ___ day of _______ _ 2022, by the following vote.
Mayor Hogue voted:
Mayor Pro-Tern Pigg voted:
Councilmember Bravo voted:
Councilmember Orlando voted:
Councilmember Porter voted:
Mayor, City of Dos Palos
ATTEST:
City Clerk
Approved as to Legal form:
CITY ATTORNEY
By ___________ _
J:\wdocs\03530\001\ORD\01000311.DOCX
6 ORDINANCE 434
AN ORDINANCE OF THE CITY OF DOS PALOS
ADOPTING BY REFERENCE, THE CALIFORNIA CODE OF REGULATIONS TITLE 24, 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE INCLUDING THE FOLLOWING PARTS:
• Part 1- California Administrative Code
• Part 2- California Building Code
• Part 2.5- California Residential Building Code
• Part 3- California Electrical Code
• Part 4- California Mechanical Code
• Part 5- California Plumbing Code
• Part 6- California Energy Code
• Part 7- No longer published in Title 24. See Title 8, CCR • Part 8- California Historical Code
• Part 9- California Fire Code
• Part I 0- California Existing Building Code
• Part 11- California Green Standards Code
• Part 12- California Reference Standards Code
And amending those portions of the California Code of
Regulations Title 24 as identified herein:
The City Council of the City of Dos Palos does ordain as follows:
Section 1: Purpose and Authority: The purpose of this Ordinance is to adopt by reference the 2022 edition of the California Building Standards, Title 24 of the California Code of Regulations subject to the definitions, clarifications, and the amendments set forth in this Ordinance. The purpose of this Ordinance is also to provide minimum requirements and standards for the protection of the public safety, health, property, and welfare of the City of Dos Palos. This Ordinance is adopted under the authority of Government Code Subsection 50022.2 and Health and Safety Code Section 18941.5.
Section 2: Conflicts with other laws, rules, etc: In the event of any conflict between this Code and any law, rule, or regulation of the State of California, that requirement which establishes the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of this Code.
Section 3: Adoption oflnternational, Uniform, and National Codes: The following publications are hereby adopted by reference and incorporated in the Code, except as expressly amended or superseded by the provisions of this Chapter:
A) California Administrative Code, 2022 Edition, as published by the International Code Council for the Building Standards Commission are adopted by reference.
B) California Building Code, 2022 Edition, Volumes 1 and 2, including Scope and Administration, based on the 2021 International Building Code as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, together with Appendices Chapter G, Flood-Resistant Construction; Chapter H, Signs; Chapter I, Patio Covers; Chapter J, Grading; Chapter K, Central Valley Flood Protection Plan; and Chapter P, Emergency Housing.
C) California Residential Building Code, 2022 Edition, including Scope and Administration,
Based on the 2021 International Residential Building Code as published by The International Code Council as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations including all Appendices with the exception of Appendix AL, Permit Fees.
D) California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code and amended by the California Building Standards Commission are adopted by reference.
E) California Mechanical Code, 2022 Edition, based on the 2021 Uniform Mechanical Code and as amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations.
F) California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code and as amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations.
II
II
II
II
II
II
II
II
G) California Energy Code, 2022 Edition, as published by the International Code Council as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations.
H) California Historical Code, 2022 Edition, as published by the International Code Council as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations.
I) California Fire Code, 2022 Edition, including appendix, based on the 2021 International Fire Code as published by the International Code Council as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations.
J) California Green Standards Code, 2022 Edition, as published by the International Code Council as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations.
K) California Existing Building Code, 2022 Edition, as published by the International Code Council as adopted and amended by the California Building Standards Commission in the California Standards Code, Title 24 of the California Code of Regulations.
L) California Reference Standards Code, 2022 Edition, as published by the International Code Council as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations.
Section 4: Liability: The provisions of this Code shall not be construed as imposing upon the City of Dos Palos any liability or responsibility for damage to persons or property resulting from defective work, nor shall the City of Dos Palos, or any official, employee or agent thereof, be held as assuming any such liability or responsibility by reason of the review or inspection authorized by the provisions of this Code of any permits or certificates issued under this Code.
Section 5: Effective Date and Publication: This Ordinance shall take affect on January 1, 2023 after its adoption and published in summary format five ( 5) days prior to adoption and within fifteen ( 15) days after its adoption in a newspaper of general circulation published and circulated in the City of Dos Palos. The summary shall be approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Dos Palos by the following vote:
AYES:
NOES:
ABSENT:
April Hogue, Mayor Ysidro Garcia, City Clerk
MEMORANDUM OF UNDERSTANDING
Between
County of Merced, on behalf of its Fire Department and
City of Dos Palos, on behalf of its Fire Department
Joint Self-Contained Breathing Apparatus Purchase
Through the FEMA Assistance to Firefighters Grant
INTERAGENCY PARTICIPATION PROCESS
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the County of Merced ("Merced County") and the City of Dos Palos for the purposes set forth below.
WHEREAS, Merced County and the City of Dos Palos are committed to working together in providing high-quality emergency services.
WHEREAS, Merced County shall be the "Lead Agency" for the purpose of applying for an Assistance to Firefighters Grant (AFG) and managing the funds for purchasing SelfContained Breathing Apparatus (SCBA) and associated supportive equipment for the agencies involved. The City of Dos Palos shall be the "Partner Agency." WHEREAS, Merced County will provide the funding for the required ten percent (10%) matching cost for the equipment to be purchased using grant funds that may be awarded.
WHEREAS, the City of Dos Palos desires to acquire and place SCBA Equipment on its emergency response vehicles for use by their First Responder personnel; and WHEREAS, the application prepared and approved by Merced County and the City of Dos Palos is to be submitted to the Federal Emergency Management Agency (FEMA).
OBJECTIVE OF AGREEMENT
The primary objective of this MOU is to establish a purchasing group for the purpose of replacing SCBAs which are at the end of their service life. The group will also be purchasing additional masks. See the table below for specific allocations of equipment 2022 AFG SCBA Equipment Grant Count
Fire Department Pack Mask
City of Dos Palos 8 8
By forming this purchasing group critical benefits will be achieved; improved interoperability, increased purchasing power which will lower the unit pricing, better customer support from the manufacturer, and a thorough evaluation of the units in the marketplace. Most importantly, a long-term benefit will be the support each agency will be able to provide to the partner agency in servicing units and reducing duplication.
OBJECTIVE OF REGIONAL AFG SCBA PURCHASE
The primary objective of the Regional AFG SCBA purchase is to increase the Central Valley's regional interoperability and to enhance the local capabilities of each community therefore enhancing national capabilities.
RESPONSIBILITIES OF THE PARTIES
The Lead Agency agrees to apply for the AFG, to manage the funds from the grant award, ensure that a competitive and fair purchasing process is followed, and to initiate the purchase with the vendor.
The Lead Agency agrees to:
• Provide funding for ten percent (10%) (agency match) of the matching cost for equipment to be purchased
• Oversee the grant implementation and coordinate with the grantor • Act as the fiscal agent for the grant by:
o Invoicing the Partner Agency for payment of its cost share of equipment o Arranging payment to vendor
o Preparing and submitting fiscal and program reports to granter o Auditing and tracking grant funds and deliverables
• Manage grant activities, including but not limited to, project and fiscal reports for grantor
• Coordinate with the Partner Agency throughout the grant term • After receiving input from the Partner Agency, make the final determination of the SCBA equipment to be ordered
• Coordinate procurement of the SCBA equipment and make final procurement decisions
• Procure the SCBA equipment in compliance with local and Federal procurement policies and requirements
• Deliver the SCBA equipment to the Partner Agency subject to execution by both parties of an Agreement that governs the ownership and use of the equipment purchased with the funds that may be awarded under the AFG application • Maintain documentation of any changes to the award and/or distribution, compared to the original application
• Ensure payment and compliance of all partners included in the grant • Ensure that all activities comply with the terms of the Notice of Funding Opportunity (NOFO), Award, federal regulations, laws, and Executive Orders as applicable The Partner Agency agrees to:
• The Partner Agency will provide the following assigned liaison(s):
o Project Lead: Primary point of contact responsible for SCBA equipment • Promptly provide any additional documentation to Lead Agency as requested which may be necessary in connection with the AFG
• Ensure all documents demonstrating programmatic completion are completed in a timely manner, are accurate, and forwarded to the designated Lead Agency contact
• Maintain all SCBA equipment and grant records, files, and supporting documentation in the event of an audit for three years after the official closeout • Ensure that all activities comply with the terms of the host/lead agency, Notice of Funding Opportunity (NOFO), Award, federal regulations, laws, and Executive Orders as applicable
• Collaberate with Lead Agency on an Agreement that governs the ownership and use of the equipment purchased with the funds that may be awarded under the AFG application
DURATION OF MOU
The MOU will be in effect from the latest date of signing stated with the Parties' signatures until either of the agencies receive notification that the grant was not successful, or the grant is received, and the units have been distributed to each agency. It is expected that all work can, and will, be completed within one (1) year of the grant award.
TERMINATION
This MOU will be difficult to terminate once the grant has been accepted. Due consideration shall be taken prior to signing the MOU. If an agency wishes to terminate prior to accepting the grant, then the grant could be modified for that agency to be removed. However, after the grant has been accepted it will be difficult and would be dependent on the restrictions and processes set forth and enforced by FEMA. If an agency wishes to withdraw from the MOU, then written notification must be given to all agencies immediately for consideration due to timing constraints.
AMENDMENTS
This MOU may be amended at any time by written agreement of all agencies. Such requests will only be approved if the proposed change(s) is/are consistent with and/or achieve the goals.
HOLD HARMLESS AND INDEMNIFICATION
Each party to this Agreement shall protect, indemnify, and hold harmless every other party and their officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever arising from actions by such party and/or its subcontractors pursuant to this MOU. Each party shall defend at its own expense and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought forth and arising out of or incident to such party's execution of, performance of failure to perform this MOU.
SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions.
NOTICE
Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the party at the addresses provided:
Dewayne Jones
Dos Palos City Manager
217 4 Blossom Street
Dos Palos, CA 93620
(209)-392-217 4
All notices mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices sent via certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmarked affixed by the United States Postal Service shall be conclusive evidence of the date of mailing.
ENTIRE AGREEMENT
This MOU constitutes the entire Agreement between the parties. There are no terms, obligations, covenants, or conditions other than those contained herein. No modifications or amendments of this MOU shall be valid or effective unless evidenced by an agreement in writing signed by all parties.
COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable laws, rules, and regulations pertaining to them in connection with the matters covered herein. This MOU shall be deemed to be made and construed in accordance with the laws of the State of California. Jurisdiction and venue for any action arising out of this MOU shall be in Merced County, California.
Signature page to follow
IN WITNESS WHEREOF this Agreement has been executed by each party on November 1, 2022:
Merced County
By:
Lloyd Pareira
Chairperson, Board of Supervisors
By:
Mark Pimentel
Merced County Fire Department, Chief
(SEAL)
City of Dos Palos
By:
City Manager
(SEAL)
September 23, 2022
City of Dos Palos
21145 Swift Road
Dos Palos, CA 93620
QUOTE#: DOS092322-IQ
EMAIL ADDRESS: [email protected]
ERS is pleased to submit its proposal for our TurnKey Service supply and install(!) grinder into the bypass channel and remove old equipment from main channel at the waste water department in Dos Palos, Ca.
Scope of Supply
• Remove old equipment from main channel and cap off wiring. • Supply and install new 5hp JWC grinder into bypass channel • Hook up power and wiring from existing shut of disconnect located adjacent to grit separator
Clarifications:
• Price includes startup training
• Expedited time frame of 4-6 weeks from receipt of order is included in the quote.
Price does not include bonding
Price does not include any valves, instruments, or controls ERS will also repair or replace existing underdrains as needed, on a time and materials basis Disposal testing and transport to be executed in compliance with RCRA Subtitles C & D Standard Provisions:
1. Qualified manpower:
a. Onsite Supervisor/Environmental Technician/Hole Watch b. Certifications in Forklift/Reach Lift, Crane Operator, Confined Space & Rescue, and First Aid/CPR/AED
2. Equipment and PPE:
a. High-power industrial vacuum system
b. Ventilation fan for air circulation
c. Four gas monitors·for pre-entry and continuous LEL testing d. Air-purifying respirators (supplied air respirators available if required) Class A, C33 CSLB License #724233 Registered DIR Public Works Contractor #1000003275 2120 W AR,\1 SPRINGS COURT FREMONT, CALIFORNIA 945391 P: 510.770.0202 I E: SALES@ERSFIL TER.COM INDUSTRIAL SERVICES, INC.
3. Safety Regulations:
a. Confined Space:
i. Tripod/winch for emergency evacuation
ii. Fall arrest harnesses with safety lanyards for all men iii. Permit-required confined space entry permits as applicable iv. Daily monitoring log
b. 2-Way radios for communication with in-tank personnel c. Cellular phone as an emergency response tool
4. New media as follows:
a. None
PRICING: $95,070.00
Quote Valid for 30 davs
Our time and materials work is billed at $246.00 per man-hour, straight time, plus materials with a 25% margin. Price includes all applicable sales tax.
Please feel free to call me should you need further information or any clarification. My contact information is: phone- cell (510) 552-3285, office (510) 770-0202; email- [email protected] Sincerely,
Nik Radonich
Sales/J,,ngineering Manager
Class A, C33 CSLB License #724233 Registered DIR Public Works Contractor #1000003275 2120 WARM SPRINGS COURT FREMONT, CALIFORNIA 94539 IP: 510.770.0202 IE: [email protected] 2 City of Dos Palos Thomas Street Reconstruction
or Taylor Backhoe Service dba
TBS Contractors 1605 E. Redstone Construction, Inc.
Engineer's Estimate Gerard Ave, Merced, CA PO Box 665, Atwater, CA 95301 95341
Item Approx Qty Unit Description Unit Price Total$ Unit Price Total$ Unit Price Total$
1. 1 LS MOB I LIZA TION/DEMOBILIZA TION 13,000.00 $ 13,000.00 12,000.00 $ 12,000.00 $ -
2. 1 LS DEMOLITION/SAW CUTTING 3,681.61 $ 3,681.61 6,500.00 $ 6,500.00 $ -
3. 1 LS EARTHWORK 37.386.70 $ 37,386.70 18,200.00 $ 18,200.00 $ -
4. 12,150 3"ASPHAL T PAVEMENT/8" CLASS 2 7.80 $ SF AB/ 12" COMPACTED NATIVE 94,770.00 11.00 $ 133,650.00 $ -
5. 274 LF VERTICAL CURB & GUTTER 96.20 $ 26,358.80 40.00 $ 10,960.00 $ - 6. 375 LF ROLLED CURB & GUTTER 85.28 $ 31,980.00 38.00 $ 14,250.00 $ - 7. 1 LS CATCH BASINS &APPENDENCES 19,306.30 $ 19,306.30 17,400.00 $ 17.400.00 $ -
8. 220 EXISTING AB REMOVAL, HAUL & 18.20 $ 4,004.00 15.00 $ 3,300.00 $ CUYD STOCKPILE at CITY PW YARD -
9. 1 LS TRAFFIC CONTROL 4,550.00 $ 4,550.00 2,500.00 $ 2,500.00 $ - BASE BID $ 235,037.41 $ 218,760.00 $ -
ALTERNATIVE BID ITEMS $ -
A1 1 LS DEMOLITION/SAW CUTTING 8.474.70 $ 8,474.70 9,500.00 $ 9,500.00 $ - A2 1 LS EARTHWORK 12,623.00 $ 12,623.00 9.400.00 $ 9.400.00 $ - A3 530 LF VERTICAL CURB & GUTTER 81.90 $ 43.407.00 40.00 $ 21,200.00 $ - A4 3"ASPHAL T PAVEMENT/8" CLASS 2 7.80 $ 3,510 SF AB/ 12" COMPACTED NATIVE 27,378.00 12.00 $ 42,120.00 $ - AS 1 LS TRAFFIC CONTROL 1,950.00 $ 1,950.00 1,800.00 $ 1,800.00 $ - ALTERNATIVE BID $ 93,832.70 $ 84,020.00 $ -
1 10% Contingencies $ -
TOTAL BID $ 328,870.11 $ 302,780.00 $ -
L:\Projects\2022\220163\ENGINEERING\Specs\Bid Docs - Thomas Street Reconstruction\BID OPENING\Bid Proposal Summary 220163
QIV MEMO
Date: October 13, 2022 Project No.: 220013 /
To: Dwayne Jones, City Manager
From: Garth A Pecchenino, PE, PLS
Subject: City Project Status
The following will provide a briefreport on the status of various projects and items being addressed by QK staff or working with City Staff to provide assistance of the last month.
Water Plant replacement project:
Construction Documents -The documents are still being reviewed by the State Water Staff in Fresno office at the time of writing this memo.
Project schedule:
Once the State provides the Notice for the City to Proceed with gong to bid on the project, 1 will provide a schedule for the Bidding phase, Contract award phase and the start of Construction. 1 prefer to not again provide a potential schedule to you and be waiting on another agency for their response, 1 apologize.
The timelines of days for bidding the project and going through the award process would remain the same, once we get the approval to move forward.
Screen at Aqueduct:
The screen installation is overseen by three agencies:
Bureau of Reclamation
Department of Water Resources (DWR) - CA
San Luis Water District (SLWD)
The Bureau of Reclamation has the authority for the construction in the channel DWR has the authority over the schedule when the work is to be completed SLWD - authority to allow the installation within their District Boundary The original project that installed the out take from the aqueduct for the siphon was also completed with the assistance of CCID.
We had a call with the Bureau and DWR staff on their process to make modifications to the existing outtake (siphon).
There is a package to provide and we are putting all of the requested information together for the submittal. This includes the plans for the new out take and screen assembly, equipment information, environmental documents, plans for the existing siphon, flow requirements and use of power or solar at the site. The meter that measures the flow for billing will also be replaced as it is older and could not be providing accurate readings, as per the request of the Bureau. We are 2816 Park Avenue • Merced, California 95348 • Tel (209) 723-2066 • Fax (559) 733-7821 www.qkinc.com
MEMO PAGE 2 OF 2
working through the existing permit issue and if not found they will issue a new permit for the out take ability to pull water from the Aqueduct.
Rate Study: No Change
The report will be update with the comments from the State Board staff on the Construction Documents to reflect the current cost for the project to establish the proposed rates. Then update rates will be presented for review at a future meeting based on the new estimated project cost. The proposed schedule will be adapted to meet the time available between bid opening and start of construction. -
Valeria Street Project - The environmental document prepared by BSK was delivered to Caltrans, they reviewed and accepted the document. In their response, Caltrans has asked for a Hazardous Materials memo to be completed as well, so QK staff is compiling the information to complete the document. Additionally, QK staff is completing the documents to pull the project off the inactive list; this includes submitting an invoice document that has a proposed timeline for the project completion and budget figures for different tasks.
Thomas Street Project - The project received two bidders, the City Manager has provided the breakdown for the two bids and the recommendation is to award the Base Bid to the lowest Bidder.
Center Street- Warranty Work-The Contractor is going to do the work the week of October 24th and it will be a two day process for the repairs and slurry seal placement Wastewater - Craig finalized which equipment to purchase for the replacement of the bar screen at theWWTP.
Dora Street Lift Station, Reviewed the plans with Craig and making updates based on his comments, electrical engineer is developing water level control system for pumps and future SCADA controls space in electrical panel.
Drought Planning - No Change
Senate Bill No. 552 -this bill will require water providers serving between 1,000 and 2,999 connections to develop a Water Shortage Contingency Plan, those systems serving less 1,000 connections will also be required to develop an emergency notification and response plan, this will need to be completed by July 1, 2023.
Other items: The State has requested an update to the Sanitary sewer Management Plan, 1 am working with Craig to provide an update to the report we prepared about ten (10) years back. I worked with legal counsel to prepare a response letter to the Water Board on the water availability through the agreement with the Bureau and )PA.
Any changes or update will be provided at the meeting.
GAP
2816 Park Avenue • Merced, California 95348 + Tel (209) 723-2066 • Fax (559) 733-7821 www.qkinc.com