Agenda — Dos Palos City Council, December 20, 2022

DOS PALOS CITY COUNCIL

REGULAR MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue
Dos Palos, California, USA
6:00 pm, Tuesday, December 20, 2022
A. CALL TO ORDER:

I. Flag Salute:

2. Invocation:

3. Roll Call:

4. Urgency Additions or Deletions:
by Mayor April Hogue
by Councilmember 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 a.future agenda.

B. UNFINISHED BUSINESS:

I. Certified Final Official Election Results of the
November 8, 2022 Municipal Election.

Report
Discussion
Action

2. Oath of Office to Councilmembers Elect Administered by Thomas Pigg and Debbie Orlando. City Attorney Michael Linden

3. Appoint Ysidro Garcia, City Clerk and Lori Lima,
Treasurer to fill a Term Ending November 15, 2024.

Report
Discussion
Action

4. Oath of Office to City Clerk Ysidro Garcia and Administered by City Treasurer Lori Lima. City Attorney Michael Linden

5. Oath of Office to Police Officer Adam Coronado Administered by and Reserve Officer Tommy Flores. City Attorney Michael Linden C. CONSENT CALENDAR: Action

1. Approval of the Minutes of the November 15, 2022 Regular Meeting.

2. Approval of the Pre-Paids for November 2022.

3. Approval of the Warrants for December 2022.

D. NEW BUSINESS:

1. Hear Planning Commission Appeal for a Smoke Shop
Located at 1657 Center Avenue.

2. Ordinance 433, Amending Dos Palos Municipal Code
Section 17.60, Off-Sale and On-Sale of Alcohol.

3. Ordinance 435, Amending Dos Palos Municipal Code
Section 6.09, Dangerous Dogs.

4. Review City Council Assignments.

Report
Discussion
Action
Waive Second Reading
Second Public Hearing
Adoption
Waive Second Reading
Second Public Hearing
Adoption
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: Archie Swindle Jr. 83 Patricia Ann Jones 82
Jim Christopher Neal 61
Lavern Brewster Jenkins 70
Glenn Leon Howard III 42
Joey Orlando 3 7
Zeferino Alvarado Vega 19
Disclosures and Information:

The 97th City Council consists of Mayor April Hogue, Mayor pro Tempore Armando Bravo, Councilmember Thomas Pigg, Councilmember Debbie Orlando, and Councilmember Marcus Porter. The 45th Council Session is now in session and ends on November 15, 2024. The next available numbers of record are Ordinance #436 and Resolution 2022-14. 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]

STATEMENT OF VOTE

GENERAL ELECTION
NOVEMBER 8, 2022
DARLENE E. INGERSOLL

REGISTRAR OF VOTERS

CERTIFICATION OF

REGISTRAR OF VOTERS OF THE

RESULTS OF THE CANVASS
OF THE NOVEMBER 8, 2022, GENERAL ELECTION
STATE OF CALIFORNIA}
COUNTY OF MERCED ss.

I, Darlene E. Ingersoll, Registrar of Voters of County of Merced, do hereby certify that, in pursuance to the provisions of Elections Code Section 15300, et seq., I did canvass the results of the votes cast in the General Election held in said County on November 8, 2022, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is full, true and correct.

I hereby set my hand and official seal this 22nd day of November, 2022 at the County of Merced.

County of Merced
State of California
HELP AMERICA VOTE ACT OF 2002

CERTIFICATION OF ELECTIONS OFFICIAL
STATE OF CALIFORNIA }
COUNTY OF MERCED ss.

Pursuant to the statewide voter registration list requirements set forth in the Help America Vote Act of 2002 (HAVA) 52 U.S.C § 21083),
I, Darlene E. Ingersoll, Registrar of Voters for the County of Merced, State of California, hereby certify that I complied with all provisions of Chapter 2 of Division 7 of Title 2 of the California Code of Regulations for the Federal election held on the sth day of November 2022, in the County of Merced, State of California, and all elections consolidated therewith.

I hereby set my hand and official seal this 22nd day of November, 2022 at the County of Merced.

County of Merced
State of California
Merced County
General Election
November 8, 2022
City of Atwater Mayor
Vote For 1

JOHN GALEN CALE
.MIKE NELSON
Write-In ,Totals
Not Assigned
Total Votes Cast
_ , Overvotes_
~--Unde_rvotes __
C_ont_est T ota_l5-_,,
.. ~-P~E!_qin~-~~ -~epgfti.n_g
TOTAL
... 1,977
4,221
49 49
6,247
3 386
•· 6,636
. ]4qfJ1
City of Atwater Councilmember, District 3
Vote For 1
D.~l<NY AM.B.RIZ
JAMES ~,.MUJlPJ:tYIII
Write-In T9tals
Not Assigned
~ota.l._yo~.!~.fa~J .
o~~ry2tes
Un_d_ervotes
-- _Co-I)!_~~• .!otaJs~_
Precincts Reporting
TOTAL
533
.4.8.?
11 11
1,0~6
104
. 1,131
3 of 3
City of Atwater Councilmember, District 4
Vote For 1
BRIANRAYM.D.ND
Write-In Totals
Not Assigned
TOTAL
. 1,531
74 74
1c607
0 359
T_~~~_l !O_t~!. ~~S!,
9V.~~vo_t~_s_
LJ.nQ_~!.YO!~_s_
Q9_nJe~t_lgta,ls~ ..

Precincts Reporting
... 1,9&6
3 of 3
City of Dos Palos Counciimember
Vote For2
TOTAL
D.EB.O.Jl.AHAt,iNORLANDO .. 520
THOMAS LEE PIGG 668
Write-In Totals 24
_ ~Clt.-\_s_sig_n_ed 24
Total Votes Cast 1,212
Overvotes 0
Un~~,rvo!es 866
Contest Totals 2,078
Precincts Reporting 6 of 6
Election Summary• 11/22/2022 3:00 PM
Report generated with Election ware Copyright© 2007-2019 Summary Results Report
Official Certified Results
Final Election Update
13of21
Dos Palos City Council Minutes
November 15th, 2022
A. CALL TO ORDER: Mayor April Hogue called a regular meeting of the Dos Palos City Council to order at 5:34 pm in the City-County Building at 1546-1554 Golden Gate Avenue in Dos Palos, California on Tuesday, November 15th 2022.

I. Roll Call: City Clerk Ysidro Garcia called Roll finding all City Councilmembers present: Mayor April Hogue, Councilmember Thomas Pigg, Councilmember Armando Bravo, and Councihnember Marcus Porter. Absent: Mayor Pro Tern Orlando.

B. Adjourned to Close Session at 5 :35pm.
l. Conference with Legal Counsel per California Government Code 54954€, 54957(b)(l): Personnel: Chief of Police.

2. Conference with Legal Counsel per California Government Code 54954€, 54957(b)(l): Personnel: Utility Operator.

C. Reconvene in Open Session at 6:01pm.

1. The Pledge of Allegiance was led by Mayor Hogue.

2. Invocation was led by Councilmember Thomas Pigg.

3. Urgency, Additions or Deletions: None.

4. Public Fornm: Olga Flores thanked the council for their support of the Halloween Festivities. Also adding she was ready for the Toy Drive December 18°'.

Others Present Included: City Attorney Mike Linden , City Manager Dewayne Jones, and Various others.

D. Commendations, Presentations, and Proclamations:

1. A proclamation honoring Larry Bonds Sr was presented to his son Larry Bonds Jr.

Larry thanked Dos Palos and the Council for the proclamation.

2. A presentation for SB 1383 was presented by Joe Reisdorf and Billy from Mid Valley Disposal.

E. Consent Calendar:

1. It was moved by Councilmember Pigg and Seconded by Councilmember Bravo to approve the Pre-Paids for October 2022. The motion passed 4-0 as follows: AYES: Hogue, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None. ABSENT: Mayor Pro Tem Orlando.

2. It was moved by Councilmember Pigg and Seconded by Councilmember Bravo to approve the Warrants for November 2022. The motion passed 4-0 as follows: AYES: Hogue, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None. ABSENT: Mayor Pro Tem Orlando.

F. Business:
l. Ordinance 433, Off-Sale and On-Sale of Alcohol was tabled.

2. Ordinance 434 , Adopting by Reference, the 2022 California Building Codes was presented by City Manager Dewayne Jones. Following the report it was moved by Councilmember Pigg and Seconded by Councilmember Porter to Waive the Second Reading. The motion passed 4-0 as follows: AYES: Hogue, Pigg, Bravo, and Porter. NOES: None.

ABSENTATIONS: None. ABSENT: Mayor Pro Tem Orlando. After the Second Public Hearing it was moved by Councilmember Pigg and Seconded by Councilmember Porter to adopt Ordinance 434. The motion passed 4-0 as follows: A YES: Hogue, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None. ABSENT: Mayor Pro Tem Orlando.

3. Following a staff report for Ordinance 435, Amending Dos Palos Municipal Code Section

6.09, Dangerous Dog, it was moved by Councilmember Bravo and Seconded by Councilmember Pigg to waive the first reading. After public hearing it was moved by Councilmember Porter and Seconded by Councilmember Pigg to Introduce Ordinance 435.

The motion passed 4-0 as followed AYES: Hogue, Pigg, Bravo, and Porter. NOES: None.

ABSENTATIONS: None. ABSENT: Mayor Pro Tern Orlando.

4. Following a Staff Report and Public Discussion it was moved by Councilmember Bravo and Seconded by Councilmember Pigg to Rescind Administrative Policy 15, Travel Policies, and Create Administrative Policy 39, Travel Policy. The motion passed 4-0 as followed AYES: Hogue, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None.

ABSENT: Mayor Pro Tern Orlando.

5. Following a Staff Report and Discussion it was moved by Councilmember Bravo and Seconded by Councilmember Pigg for the Authorization to Surplus, Sale, Trade or Recycle Vehicles and Equipment. Items include Television/VHS/DVD Combo, Dryer, Washing Machine and a 2016 Ford Focus Electric Vehicle. The motion passed 4-0 as followed AYES: Hogue, Pigg, Bravo, and Porter. NOES: None. ABSENTATIONS: None.

ABSENT: Mayor Pro Tern Orlando.

6. Following a Staff Report and Discussion it was moved by Councilmember Pigg and Seconded by Councilmember Porter to Authorize the City Manager to apply the revenue received from snrplus items to pay off remaining balance on vehicle assigned to Administration. The motion passed 4-0 as follows. A YES: Hogue, Pigg, Bravo, and Porter.

NOES: None. ABSENTATIONS: None. ABSENT: Mayor Pro Tern Orlando.

G. Correspondence, Events, Council and Staff Reports:

Various Reports were Presented.

H. Adjournment: The meeting was adjourned at 7:08pm in memory of:

George Ribeiro Goncalves 62
Pre-Paid Listing Nov 2022
21894 Lozano Smith Attorneys at Law
21904 Co Power - Department 34604
21907 Keenan & Associates
21911 Ford Motor Credit Company
21912 Yarely Valedes Montebello
21913 Madera Carports, Inc.
21914 Mid Valley IT
11/15/2022 $ 1,787.67
11/16/2022 $ 17.50
11/16/2022 $ 1,395.20
11/18/2022 $ 9,978.09
11/18/2022 $ 242.78
11/28/2022 $ 1,557.52
11/29/2022 $ 4,760.24
Grand Total $ 19,739.00
BR-Board Audit (12/07/2022 - 8:12 AM)
Warrant Listina - December 2022
21925 Amazon Capital Services 12/15/2022 $ 46.32
21926 APEX Annex Health Center 12/15/2022 $ 424.00
21927 Aramark 12/15/2022 $ 356.94
21928 AT&T 12/15/2022 $ 384.67
21929 Baker, Manock & Jensen 12/15/2022 $ 59.00
21930 Bankcard Center 12/15/2022 $ 45.85
21931 Bankcard Center 12/15/2022 $ 48.56
21932 Bankcard Center 12/15/2022 $ 202.88
21933 Bankcard Center 12/15/2022 $ 147.64
21934 Clifton Battles 12/15/2022 $ 8.80
21935 Larry, Sr Bonds 12/15/2022 $ 105.00
21936 Bureau of Reclamation 12/15/2022 $ 116.64
21937 Jeannie Carey 12/15/2022 $ 27.50
21938 Casey Moving Systems 12/15/2022 $ 45.00
21939 Central California Irrigation 12/15/2022 $ 4,575.00 21940 Lidia Chavez 12/15/2022 $ 72.99
21941 Cintas 12/15/2022 $ 614.55
21942 City of Dos Palos 12/15/2022 $ 1,500.00
21943 Comcast 12/15/2022 $ 1,346.11
21944 Covanta Enviroments 12/15/2022 $ 401.10
21945 CSG Consultants, Inc. 12/15/2022 $ 1,468.00
21946 Department of Justice 12/15/2022 $ 706.00
21947 Dos Palos Fire Dept. 12/15/2022 $ 225.00
21948 Electric Drives, Inc. 12/15/2022 $ 4,463.62
21949 Elite Uniforms 12/15/2022 $ 712.21
21950 Jose Esparza 12/15/2022 $ 371.32
21951 Far West Laboratories, Inc. 12/15/2022 $ 4,430.00 21952 Ford Motor Credit Company 12/15/2022 $ 597.14
21953 Fresno Mobile Radio Inc. 12/15/2022 $ 350.00
21954 Frontier Communications 12/15/2022 $ 59.62
21955 Gall's, an Aramark Compan: 12/15/2022 $ 938.55
21956 Great America Financial Ser 12/15/2022 $ 309.08
21957 Hawks & Associates CPAs, I 12/15/2022 $ 3,550.00
21958 Home Depot Credit Services 12/15/2022 $ 3,481.14
21959 Ingraham Trophies 12/15/2022 $ 1,388.86
21960 JG Hardware Store 12/15/2022 $ 95.81
21961 Justin's Tire and Auto 12/15/2022 $ 766.86
21962 Madera Uniform & Accessor 12/15/2022 $ 191.64
21963 Marlin Business Bank 12/15/2022 $ 661.64
21964 McClatchy Company, LLC 12/15/2022 $ 870.00
21965 Melin Enterprises, INC 12/15/2022 $ 650.00
21966 Merced County Environmen1 12/15/2022 $ 512.00
21967 Mid Valley Disposal 12/15/2022 $ 51,679.52
21968 Mid Valley IT 12/15/2022 $ 4,388.60
21969 Midway Community Water D 12/15/2022 $ 8,907.51
21970 Mikalino's Pizzeria 12/15/2022 $ 85.49
21971 N & S Tractor Co. 12/15/2022 $ 118.38
21972 Nicoletti Oil Inc. 12/15/2022 $ 4,754.11
21973 Northstar Chemical 12/15/2022 $ 6,328.90
21974 Orozco Yard Maintenance 12/15/2022 $ 1,555.00
21975 Pace Supply Corp 12/15/2022 $ 5,333.00
21976 Pacific Gas & Electric 12/15/2022 $ 23,111.02
21977 Pacific Tire 12/15/2022 $ 500.00
21978 Paramount Pest Control 12/15/2022 $ 342.00
21979 Pegboard 12/15/2022 $ 1,174.53
21980 Pitney Bowes 12/15/2022 $ 170.17
21981 Price Paige & Company 12/15/2022 $ 150.00
21982 Quad Knopf 12/15/2022 $ 15,332.75
21983 Quantum FSD, Inc. 12/15/2022 $ 124.95
21984 Quest Diagnostics 12/15/2022 $ 52.00
21985 Rick's Smog Shop 12/15/2022 $ 495.00
21986 San Luis & Delta Mendota V\I 12/15/2022 $ 2,913.92 21987 Simpot Grower Solutions Fi1 12/15/2022 $ 1,291.50 21988 Smile Business Products, In 12/15/2022 $ 129.15
21989 South Dos Palos Water Dist, 12/15/2022 $ 4,414.31 21990 Sparkletts 12/15/2022 $ 87.93
21991 Springbrook Holding Comp, 12/15/2022 $ 722.00
21992 Staples 12/15/2022 $ 78.23
21993 Stocking & Cozzi Ins. Agy, Ir 12/15/2022 $ 965.00 21994 James M. Stofle 12/15/2022 $ 3,950.00
21995 SWRCB Accounting Office 12/15/2022 $ 44,516.00
21996 Taylor ER Veterinary Emerg1 12/15/2022 $ 733.00
21997 The Office City 12/15/2022 $ 401.71
21998 The Westside Express 12/15/2022 $ 210.00
21999 Trans-Rock Trucking 12/15/2022 $ 709.45
22000 ULINE 12/15/2022 $ 473.50
22001 USABlue Book 12/15/2022 $ 384.98
22002 USDA, Service Center Rural 12/15/2022 $ 17,127.17 22003 Utility Service Co., Inc 12/15/2022 $ 11,043.54
22004 Valley Animal Hosptial 12/15/2022 $ 688.30
22005 Verizon Wireless 12/15/2022 $ 1,052.26
22006 Westamerica Bank 12/15/2022 $ 1,503.84
22007 Westamerica Bank 12/15/2022 $ 741.92
GRAND TOTAL $ 256,067.68
BR-Board Audit (12/14/2022 - 9:47 AM)
City of Dos Palos
Pursuant to Government Code section 36933(c), the following constitutes a summary ofan ordinance introduced on October 18, 2022, and scheduled for adoption on December 20, 2022, by the City Council for the City of Dos Palos at its regular meeting in Dos Palos, California.

A certified copy of the full text of the ordinance is posted and available for review in the City Clerk's Office at 2174 Blossom Street, Dos Palos, California.

This ordinance shall be in full force and effective on the 31st day following its adoption and after publication and posting as required by law.

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
The proposed ordinance provides a 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. The proposed ordinance adds a bona fide eating place with a limited amount of brewing of beer as place within the City that can obtain a business license. The proposed ordinance also increases to allowable number of business licenses for the sale of on-sale beer and wine at a restaurant from a number not to exceed one location per one thousand inhabitants to a number not to exceed one location per seven hundred and fifty inhabitants.

Published: December 7, 2022
Ysidro Garcia, City Clerk
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 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 locations meets or exceeds one location per seven hundred and fifty 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 ABC license status 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\01007954. DOCX
6 City of Dos Palos
Pursuant to Government Code section 36933(c), the following constitutes a summary ofan ordinance introduced on November 15, 2022, and scheduled for adoption on December 20, 2022, by the City Council for the City of Dos Palos at its regular meeting in Dos Palos, California.

A certified copy of the full text of the ordinance is posted and available for review in the City Clerk's Office at 2174 Blossom Street, Dos Palos, California.

This ordinance shall be in full force and effective on the 31st day following its adoption and after publication and posting as required by law.

ORDINANCE NO. 435
AN ORDINANCE AMENDING CHAPTER 6.09 OF THE CITY OF DOS PALOS

MUNICIPAL CODE RELATED TO DANGEROUS DOGS
The proposed ordinance amends sections of the City of Dos Palos Municipal Code providing for administrative hearings related to dangerous dogs. The amendments provide for a single hearing officer to consider administrative appeals from citations related to dangerous dogs.

Published: December 7, 2022
Ysidro Garcia, City Clerk
ORDINANCE NO. 435
AN ORDINANCE AMENDING CHAPTER 6.09 OF THE CITY OF DOS PALOS

MUNICIPAL CODE RELATED TO DANGEROUS DOGS

RECITALS
WHEREAS, Chapter 6.09 of the City of Dos Palos Municipal Code addresses the subject of dangerous dogs, and the City Council desires through the passage of this Ordinance to amend Sections 060, 070, 080, and 090 Chapter 6.09 with respect to administrative hearings.

NOW, THEREFORE, the City Council for the City of Dos Palos hereby ordains as follows:

SECTION 2. PURPOSE
The purpose of this Ordinance to Ordinance to amend Sections 060, 070, 080, and 090 Chapter 6.09 with respect to administrative hearings related to dangerous dogs.

SECTION 3. AMENDMENTS TO MUNICIPAL CODE
Sections 060, 070, 080, and 090 of Chapter 6.090 of the Municipal Code are hereby amended to read as follows:

II
II

6.09.060 Hearing.

If the Chief of Police or his/her designee receives a timely written request for a hearing, the chief of police or his his/her designee shall immediately request a hearing before the city's designated hearing officer within ten (10) days of impoundment. It shall be the chief of police or his/her designee's responsibility to notify the owner of the animal of the time and place of the hearing as soon as the hearing has been officially scheduled.

The hearing officer shall hear and consider any relevant evidence concerning, (a) whether the dog is dangerous or vicious, (b) whether the owners have failed to take the steps to minimize the dog's dangerousness as ordered by the chief of police or his/her designee, and (c) whether there are any courses of action short of destruction of the dog which can be taken which will both allow the dog to live and insure the public safety.

6.09.070 Hearing determination.

At the hearing, the chief of police or his/her designee shall bear the burden to prove, by a preponderance of the evidence, that the dog is dangerous, and that destruction of the dog is necessary to protect the public safety. However, proof of the failure of the owner to take the steps ordered by the chief of police or his/her designee within the time specified pursuant to Section 6.09.01 0 of this chapter, or evidence of a prior failure of the owners to comply with any order of the chief of police or his/her designee or of the hearing officer involving the same dog, shall constitute prima facie evidence that no alternative short of destruction of the dog exists to protect the public safety.

6.09.080 Hearing officer decision.

Following the hearing, the hearing officer shall issue a written decision upholding the decision to destroy the dog or ordering that the dog be returned to its owners. If the 2 hearing officer orders return of the dog, the hearing officer may stay such return until the owner of the dog takes whatever steps the hearing officer deems necessary and feasible to prevent the dog from again becoming a threat to the public safety, provided, however, that the decision of the hearing officer shall be consistent with Chapter 06.08 of the Dos Palos Municipal Code.

6.09.090 Destruction.

Should the owner not take the preventative measures ordered by the hearing officer within fourteen (14) calendar days of the decision, the dog shall be deemed abandoned and thereafter be humanely destroyed and disposed of by the chief of police or his/her designee.

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\035301001\ORD\01006763. DOCX
4 CITY ASSIGNMENTS
Mayor April Hogue
MCAG Governing Board/Transit JPA/Regional Waste Mgt Authority- Past Chair/Member CALCOG (California Association of Councils of Governments)• Alternate C.I\L-REAP (Regional Early Action Planning(i;small Cities Representative LAFCo
Mayor's Appointment Selection Committee
City Planning Commission Appointment - Olga Flores
Mayor pro Tern Debbie Orlando
San Joaquin Valley Air Pollution Control District Selection Committee Mayor pro Tempo re to November 15, 2022
City Warrant Review #2 and Check Signing
City Planning Commission Appointment-Jennifer Vincent
Lions Club Auxiliary
Cound!member Thomas Pigg
City Warrant Review #1 and Check Signing
City Planning Commission Appointment - David Castillo, Chair Lions Club Past President/Member
Bronco Hall of Fame Board Member
Council member Armando Bravo
MCAG Governing Board/Transit JPA/Regional Waste Mgt Authority· Alternate Westside Regional Measure V Committee Member
Mayor's Selection Committee Alternate
City Groundwater Sustainability Agency Chairman
Labor Contract Co-Negotiator (POA in 2022)
City Planning Commission Appointment - David Jacobo
Wastewater JPA Member #2
Water JPA Alternate
Lions Club Member
Toy Drive Committee
Councilmember Marcus Porter
Planning Commission Appointment- Marcus Porter
Labor Contract Co-Negotiator (POA in 2022)
Wastewater JPA Member #1
\Nater JPA Member
Toy Drive Committee

Dos Palos City CouncilDecember 20, 2022

Dos Palos City Council
December 20, 2022