DOS PALOS CITY COUNCIL
REGULAR MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue
Dos Palos, California, USA
6:00 pm, Tuesday, July 16, 2024
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 Acting City Clerk Manuela Sousa
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. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
I. Presentation of the Dispatcher of the Year Award.
2. Presentation of the Police Officer of the Year Award.
C. CONSENT CALENDAR: Action
Items considered routine in nature are placed on the Consent Calendar. There is no discussion of these items before the Council vote, unless a member of the Council or the public requests specific items be discussed and/or removed from the Consent Calendar. Each item on the Consent Calendar approved by the Council shall be deemed to have been considered in full and adopted as recommended.
I. Approval of the Minutes of the June 18, 2024, Regular Meeting.
2. Approval of the Pre-Paids for June 2024.
3. Approval of the Warrants for July 2024.
D. BUSINESS:
I. Consider Introduction of Ordinance No. 43 9, Amending Section 17.12.010 of Chapter 17.12 and Section 17.64.020.F. of Chapter 17.64 and Adding Chapter 17.55 to Title 17 of the City of Dos Palos Municipal Code to Establish a Mixed-Use (MU) Zoning District.
2. Consider Introduction of Ordinance No. 440, Amending Section 8.22.020.E. of Chapter 8.22 of Title 8 of the City Dos Palos Municipal Code to Update the Process for
Applications and Issuance of Fireworks Sales Permits.
3. Consider Approving Resolution 2024-12, Authorizing
Staff to Prepare an American Rescue Act Application
for $128,876.53 for Park Improvements, Building & Planning Software, Website Design, and Police Department Technology.
4. Consider Authorizing the City Manager to go out to Bid for the Replacement of Asphalt at Gino Pierini Ballpark.
5. Consider Entering into an Employment Agreement with the City Manager for Two (2) Years, Beginning July I, 2024, Through June 30, 2026.
Waive First Reading
Public Hearing
Motion to Introduce
Waive First Reading
Public Hearing
Motion to Introduce
Report
Discussion
Action
Report
Discussion
Action
Report
Discussion
Action
E. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS:
F. ADJOURNMENT in memory of local departed:
Disclosures and Information:
The 97th City Council consists of Mayor April Hogue, Mayor pro Tempore Marcus Porter, Councilmember Thomas Pigg, Councilmember Debbie Orlando, and Councilmember Armando Bravo. The 45th Council Session is now in session and ends on November 15, 2024. The next available numbers of record are Ordinance #441 and Resolution 2024-13. 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.org2l74 Blossom Street, Dos Palos CA 93620, (209) 392-2174, email:[email protected] 4889-4516-5776, V. 1
AYUNTAMIENTO DE DOS PALOS
ORD EN DEL DIA DE LA REUNION ORDINARIA
Edificio de la Ciudad-Condado, 1554 Golden Gate Avenue
Dos Palos, California, Estados Unidos
6:00 pm, martes 16 de julio de 2024
Un. LLAMADO AL ORDEN: por la alcaldesa April Hogue
1. Saluda a la bandera: por la concejal Debbie Orlando
2. lnvocaci6n: por el concejal Thomas Pigg
3. Pase de lista: por la secretaria municipal interina Manuela Sousa
4. Adiciones o supresiones de urgencia: Requiere urgencia y cuatro votos afirmativos
5. Comentarios pUblicos: En este momenta, cualquierpersona presente puede comentar sabre cualquier tema comercial relacionado con la ciudad, que no este en esta agenda. lndique su nombre y direcci6n para que conste. Par favor, sea conciso y evite la repetici6n, El a/ca/de puede limitarlo a una presentaci6n que no exceda los dos minutos de duraci6n. La fey estatal ahora requiere que se asigne al me nos el doble de tiempo a un miembro def pllblico que utiliza un traductor que no sea de ing/es. Las medidas, en caso necesarlo, se limitan a la remisi6n def personal o, con condiciones especiales, a la inc/usi6n en un programa futuro.
B. ELOGIOS, PRESENTACIONES y PROCLAMACIONES.
1. Entrega del Premio Despachador del Ano.
2. Entrega del Premio al Oficial de Polida del Ano.
C. CALENDARIO DE CONSENTIMIENTO: Acci6n
Los elementos considerados de naturaleza rutinaria se colocan en el Calendario de consentimiento.
No hay discusi6n de estos temas antes de la votaci6n de! Consejo, a menos que un miembro del Consejo o el publico solicite que se discutan y/o eliminen temas especfficos de! Calendario de Consentimiento. Se considerarii que cada punto del Calendario de Consentimlento aprobado por el Consejo ha sido considerado en su totalidad y adoptado segun lo recomendado.
1. Aprobaci6n del Acta de la Reunion Ordinaria del 18 de junio de 2024.
2. Aprobaci6n de los prepagos para junio de 2024.
3. Aprobaci6n de las warrants para julio de 2024.
D. NEGOCIOS:
1. Considerar la introducci6n de la Ordenanza NQ 439, que modifica Secci6n 17.12.010 del Capftulo 17.12 y Secci6n 17.64.020.F. la Exenci6n de la Primera
Lectura
del Capftulo 17.64 y Agregando el Capftulo 17.55 al Tftulo 17 de la C6digo Municipal de la Ciudad de Dos Palos para establecer un regimen Moci6n para lntroducir de uso Mixto (MU) Distrito de Zonificaci6n.
Audiencia Publica
2. Considerar la introducci6n de la Ordenanza N° 440, que la Exenci6n de la Primera modifica Secci6n 8.22.020.E. del Capitulo 8.22 del Titulo 8 Lectura de la de la Ciudad C6digo Municipal de Dos Palos para actualizar Audiencia Publica
4. el proceso de presentaci6n de mociones Solicitud y emisi6n de permisos de venta de fuegos artificiales.
3. Considerar la aprobaci6n de la Resoluci6n 2024-12, Autorizando el El personal preparara una n sob re la solicitud de la Ley de Rescale Estadounidense n sobre la solicitud de la Ley de Rescate Estadounidense por $128,876.53 para Mejoras de Parques, Construcci6n y de Planificaci6n Software, disefio de sitios web y tecnologia del departamento de policfa
Considere autorizar al administrador de la ciudad a presentar una oferta para el Reemplazo de asfalto en el Estadio Gino Pierini.
5. Considere la posibilidad de celebrar un acuerdo de empleo con el Administrador de la ciudad por dos (2) afios, a partir del 1 de julio de 2024, Hasta el 30 de junio de 2026.
E. CORRESPONDENCIA, EVENTOS, CONSEJOS E INFORM ES DEL PERSONAL:
F. APLAZAMIENTO en memoria de las difuntos:
Divu/gaciones e informaci6n:
lnforme
Discusion
Accion
informe
Discusi6n
Acci6n
lnforme
discusi6n
Acci6n
El 97g Concejo Municipal esta compuesto por la alcaldesa April Hogue, el alcalde pro tempore Marcus Porter, el concejal Thomas Pigg, la concejal Debbie Orlando y el concejal Armando Bravo. La 45, Sesi6n del Consejo esta ahora en sesi6n y finaliza el 15 de noviembre de 2024. Los siguientes numeros de registro disponibles son la Ordenanza #441 y la Resoluci6n 2024-13. Segun 54954.2 (a) (1), el sitio web de la Ciudad cityofdospalos.org puede estar inactivo de forma intermitente o temporal por mantenimiento o reparaciones.
Dos Palos City Council Regular Meetiug Minutes
June 18, 2024
A. CALL TO ORDER: Mayor April Hogue called a Regular Meeting of the Dos Palos City Council to order at 6:01 pm in the City-County Building at 1546-1554 Golden Gate Avenue in Dos Palos, California on Tuesday, June 18, 2024.
I. Roll Call: Acting City Clerk , Manuela Sousa called the roll finding four Councilmembers present: Mayor Hogue, Councilmember Orlando, Councilmember Bravo, Councilmember Porter attended at 6:03pm. Absent: Councilmember Pigg. '2. The Flag Salute was led by Councilmember Debbie Orlando.
3. There was no Invocation.
4. Urgency Additions and Deletions: None
5. Public Comment: Anne Krippner, 16562 MilluxAvenue, asked about fires when water is turned off.
B. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS:
I. None.
C. CONSENT CALENDAR:
1. It was moved by Councilmember Orlando and Seconded by Councilmember Porter to approve the Pre-Paids for May 2024, the motion was passed on a 4-0 as follows:
AYES: Hogue, Orlando, Bravo and Porter. NOES: None. ABSENT: Councilmember Pigg.
2. It was moved by Councilmember Orlando and Seconded by Councilmember Porter to approve the Warrants for June 2024, the motion was passed on a 4-0 as follows:
AYES: Hogue, Orlando, Bravo and Porter. NOES: None. ABSENT: Councilmember Pigg.
3. It was moved by Councilmember Orlando and Seconded by Councilmember Porter to approve the Minutes for the May 21, 2024 Regular Meeting, and the Minutes for the June 4 & 11, 2024, Special Meetings. the motion was passed on a 4-0 as follows: AYES: Hogue, Orlando, Bravo and Porter. NOES: None. ABSENT:
Councilmember Pigg.
D. BUSINESS:
1. Following a staff report it was moved by Councilmember Porter and seconded by Councilmember Orlando to approve Resolution 2024-08, setting the appropriations limit (GANN) for FY 2024/2025 at $11,583,467, the motion was passed 4-0, as follows: AYES: Mayor Hogue, Councilmember Orlando, Councilmember Bravo and Councilmember Porter. NOES: None. ABSENT: Councilmember Pigg.
2. Following a staff report it was moved by Councilmember Orlando and seconded by Councilmember Bravo to approve Resolution 2024-09, for the adoption of the 2024- 2025 Budget, including specific provisions and authorizations. the motion was passed 4-0, as follows: AYES: Mayor Hogue, Councilmember Orlando, Councilmember Bravo and Councilmember Porter. NOES: None. ABSENT: Councilmember Pigg.
3. Following a staff report it was moved by Councilmember Porter and seconded by Councilmember Orlando, to approve Resolution 2024-10, calling for an election requesting a consolidation with the presidential election, filing a notice of election with the registrar of voters, submitting incumbent list and terms of office, requiring the candidates statements be paid by the candidate, certifying the City boundary map, determining a coin toss as the tie breaking method, authorizing Merced County Elections Department to conduct the elections and canvass the returns, and approval to reimburse the County for its costs, the motion was passed 4-0, as follows: AYES:
Mayor Hogue, Councilmember Orlando, Councilmember Bravo and Councilmember Porter. NOES: None. A~SENT: Councilmember Pigg.
4. Following a staff report it was moved by Councilmember Orlando and seconded by Councilmember Porter to approve Resolution 2024-11, to enter into an agreement with the Dos Palos Miscellaneous Employees Association for Two (2) years, beginning July I, 2024 through June 30, 2026. the motion was passed 4-0, as follows:
AYES: Mayor Hogue, Councilmember Orlando, Councilmember Bravo and Councilmember Porter. NOES: None. ABSENT: Councilmember Pigg.
5. Following a staff report, it was moved by Councilmember Bravo and seconded by Councilmember Orlando to authorize the City Manager to enter into an MOU with the Dos Palos Oro Loma Joint Unified School District for the school resource officer program for one(!) year, beginning July I, 2024 through June 30, 2025,. the motion was passed 4-0, as follows: AYES: Mayor Hogue, Councilmember Orlando, Councilmember Bravo and Councilmember Porter. NOES: None. ABSENT:
Councilmember Pigg.
6. Following a staff report, it was moved by Councilmember Orlando and seconded by Councilmember Porter to authorize the City Manager to enter into an MOU with the Dos Palos Oro Loma Joint Unified School District for the expanded learning opportunities program for two (2) years, beginning July 1, 2024 through June 30, 2026,. the motion was passed 4-0, as follows: AYES: Mayor Hogue, Councilmember Orlando, Councilmember Bravo and Councilmember Porter. NOES: None. ABSENT:
Councilmember Pigg.
7. Following a staff report, it was moved by Councilmember Bravo and seconded by Councilmember Orlando to enter into an MOU with the Chief of Police for one (I) year, beginning July 1, 2024 through June 30, 2025,. the motion was passed 4-0, as follows: AYES: Mayor Hogue, Councilmember Orlando, Councilmember Bravo and Councilmember Porter. NOES: None. ABSENT: Councilmember Pigg.
E. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS:
Various reports were made.
F. ADJOURNMENT in memory oflocal departed: Julia Nava 92, Rosemarie Quinlin 81, Rise McGlynn 77, Phyllis Jones, 76, Mark Beliew 59, and Robert Monreal 26.
Meeting Adjourned at 6:47 pm.
Respectfully Submitted By:
Acting City Clerk
Manuela Sousa
Pre-Paid Listing June 2024
24046 Talyn Lerma 6/3/2024 $ 100.00
24051 Annysa Santoyo 6/3/2024 $ 700.00
24053 California Custom 6/6/2024 $ 12,500.00
24056 Elan Financial Services 6/11/2024 $ 3,788.73
24143 Dos Palos Girls Softball Association 6/14/2024 $ 295.00 24144 Annysa Santoyo 6/14/2024 $ 500.00
24145 W.M. Lyles Company 6/17/2024 $ 1,732,877.59
24153 Lozano Smith Attorneys at Law 6/18/2024 $ 3,696.36 24154 Abby R Hunter 6/18/2024 $ 500.00
24155 Audrey Oglesby 6/18/2024 $ 100.00
24156 Gerardo Villegas 6/18/2024 $ 250.00
24164 Soares Lumber & Fencing 6/18/2024 $ 763.43
24165 Brooke Sullivan 6/18/2024 $ 269.12
24167 W.M. Lyles Company 6/21/2024 $ 1,963,705.41
24168 Gustine Youth Baseball & Softball 6/21/2024 $ 550.00 24169 Gerardo Villegas 6/21/2024 $ 416.00
Report Total (15 checks): $ 3,721,011.64
AP Checks by Date - Summary by Check Date (7/11/2024 2:20 PM) Warrant Listing - July 2024
24185 Ace Industrial Supply, Inc. 07/11/2024 $ 582.69
24186 Agile Occupational Medicine, PC 07/11/2024 $ 290.00 24187 Aqua-Metric 07/11/2024 $ 3,796.50
24188 AT&T 07/11/2024 $ 410.24
24189 AutoZone, Inc. 07/11/2024 $ 571.48
24190 Axon Enterprise, Inc. 07/11/2024 $ 6,613.80
24191 Bankcard Center 07/11/2024 $ 250.42
24192 Bureau of Reclamation 07/11/2024 $ 3,810.24
24193 California Building Standards Commission 07/11/2024 $ 116.10 24194 California Department of Conservation 07/11/2024 $ 79.46 24195 Caltronics Business Systems 07/11/2024 $ 1,440.34 24196 Casey Moving Systems 07/11/2024 $ 94.50
24197 Cintas 07/11/2024 $ 1,039.70
24198 Comcast 07/11/2024 $ 1,806.77
24199 Adam Coronado 07/11/2024 $ 842.87
24200 CSG Consultants, Inc. 07/11/2024 $ 5,284.26
24201 Department of Justice 07/11/2024 $ 160.00
24202 Division of the State Architect 07/11/2024 $ 8.80 24203 Dos Palos Fire Dept. 07/11/2024 $ 225.00
24204 Dos Palos Lions Club 07/11/2024 $ 766.97
24205 Elan Financial Services 07/11/2024 $ 3,422.02
24206 Electric Drives, Inc. 07/11/2024 $ 10,921.53
24207 Elite Uniforms 07/11/2024 $ 1,115.50
24208 Adam Enas 07/11/2024 $ 79.99
24209 Enviromental.com LLC 07/11/2024 $ 1,858.00
24210 Ford Motor Credit Company 07/11/2024 $ 635.77
24211 Fresno Mobile Radio Inc. 07/11/2024 $ 350.00
24212 Frontier Communications 07/11/2024 $ 63.46
24213 Gall's , an Aramark Company 07/11/2024 $ 93.03
24214 Guadalupe Gomez 07/11/2024 $ 52.94
24215 Govlnvest, Inc. 07/11/2024 $ 13,000.00
24216 Great America Financial Services 07/11/2024 $ 309.08 24217 His & Hers Salon 07/11/2024 $ 57.80
24218 Home Depot Credit Services 07/11/2024 $ 1,630.48
24219 Ingraham Trophies 07/11/2024 $ 841.10
24220 JG Hardware Store 07/11/2024 $ 59.07
24221 Justin's Tire and Auto 07/11/2024 $ 2,220.79
24222 Katen Pest Solutions 07/11/2024 $ 340.00
24223 Lawson Products 07/11/2024 $ 377.17
24224 Liebert Cassidy Whitmore A Pro 07/11/2024 $ 910.00 24225 Melin Enterprises, INC 07/11/2024 $ 735.00
24226 Merced County Public Works 07/11/2024 $ 1,196.57
Warrant Listing - July 2024
24227 Mid Valley Disposal 07/11/2024 $ 54,263.28
24228 Midway Community Water Distric 07/11/2024 $ 7,953.79 24229 N & S Tractor Co. 07/11/2024 $ 66.85
24230 North Dos Palos Water District 07/11/2024 $ 2,363.02 24231 Northstar Chemical 07/11/2024 $ 3,637.22
24232 Orozco Yard Maintenance 07/11/2024 $ 2,450.00
24233 Owen Equipment Sales 07/11/2024 $ 278.88
24234 Pace Supply Corp 07/11/2024 $ 4,693.21
24235 Pacific Gas & Electric 07/11/2024 $ 38,009.30
24236 Pegboard 07/11/2024 $ 20,850.53
24237 Precision Emprise LLC dba Precision Concrete Cutti 07/11/2024 $ 24,834.00 24238 Quad Knopf 07/11/2024 $ 76,922.17
24239 Quantum FSD, Inc. 07/11/2024 $ 124.95
24240 Rick's Smog Shop 07/11/2024 $ 250.00
24241 Brittney Ruiz 07/11/2024 $ 329.91
24242 San Luis & Delta Mendota Water 07/11/2024 $ 10,995.87 24243 Sequoia Equipment Company, Inc, 07/11/2024 $ 642.50 24244 Smile Business Products, Inc 07/11/2024 $ 110.67
24245 Soares Lumber & Fencing 07/11/2024 $ 763.43
24246 South Dos Palos Water District 07/11/2024 $ 4,249.16 24247 Sparkletts 07/11/2024 $ 278.34
24248 Springbrook Holding Company, LLC 07/11/2024 $ 19,188.45 24249 State Foods Supermarket 07/11/2024 $ 356.33
24250 Streamline Software, Inc. 07/11/2024 $ 2,400.00
24251 Syserco Energy Solutions, Inc. 07/11/2024 $ 317,889.11 24252 T& T Pavement Markings & Products 07/11/2024 $ 50.00 24253 The Advance Group 07/11/2024 $ 618.56
24254 The Westside Express 07/11/2024 $ 20.00
24255 Toro Petroleum 07/11/2024 $ 6,239.90
24256 Erika Tovar 07/11/2024 $ 60.00
24257 USABlue Book 07/11/2024 $ 1,122.98
24258 Utility Service Co., Inc 07/11/2024 $ 3,595.16
24259 Valley Animal Hosptial 07/11/2024 $ 319.15
24260 Veritone, Inc. 07/11/2024 $ 1,200.00
24261 Verizon Wireless 07/11/2024 $ 1,068.06
24262 Vestis 07/11/2024 $ 330.62
24263 Water Connection 07/11/2024 $ 9,226.79
24264 Westamerica Bank 07/11/2024 $ 741.92
24265 Westamerica Bank 07/11/2024 $ 1,503.84
24266 Central California Irrigation 07/11/2024 $ 13,275.00 24267 Electric Drives, Inc. 07/11/2024 $ 986.56
24268 Enviromental.com LLC 07/11/2024 $ 210.00
Warrant Listing - July 2024
24269 Richard Martorello
24270 Simplot Grower Solutions Firebaugh
24271 Streamline Software, Inc.
24272 USDA, Service Center Rural Dev
24273 Utility Service Co., Inc
07/11/2024 $ 1,000.00
07/11/2024 $ 2,012.50
07/11/2024 $ 250.00
07/11/2024 $191,182.18
07/11/2024 $ 7,448.38
Report Total (89 checks): $ 904,822.01
AP Checks by Date - Summary by Check Date (7/11/2024 1 :57 PM) ORDINANCE NO. 439
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOS PALOS AMENDING SECTION 17.12.010 OF CHAPTER 17.12 AND SECTION 17.64.020.F.
OF CHAPTER 17.64ANDADDING CHAPTER 17.55 TO TITLE 17 OF THE CITY OF
DOS PALOS MUNICIPAL CODE TO ESTABLISH A MIXED-USE (MU) ZONING
DISTRICT
RECITALS
WHEREAS, Title 17 of the City of Dos Palos Municipal Code ("Municipal Code") governs zoning within the City of Dos Palos ("City") (hereinafter the "Zoning Code"); and WHEREAS, Chapter 17 .12 of the Zoning Code contains the zoning district designations that are allowed within the City; and
WHEREAS, the Zoning Code does not currently contain a Mixed-Use ("MU") zoning district, a definition for same, the MU's purpose, allowed uses, permit requirements, or development standards; and
WHEREAS, because the Zoning Code does not currently contain a MU designation or zoning district, such zoning designation is not listed as a permitted use or a conditional use in any zone within the City; and
WHEREAS, the City Council desires through the passage of this Ordinance to amend the Zoning Code so as to provide a designation for MU in Chapter 17 .12, to amend Subsection F of Section 17.64.020 to include MU as a district necessitating certain yard requirements, and to add a new Chapter 17.55 to specify the MU district's definition, purpose, allowed uses, permit requirements, and development standards.
NOW, THEREFORE, the City Council of the City of Dos Palos does ordain as follows:
II
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, information obtained and recommended by the Planning Commission, 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 is to amend the Zoning Code in part to add the MU zoning district as a new district and add a new chapter to the Zoning Code to provide a definition, allowed uses, permit requirements, and development standards for the MU zoning district.
SECTION 3. AMENDMENTS TO MUNICIPAL CODE
Section 010 of Chapter 12 of Title 17 of the Municipal Code is hereby amended as follows:
"17 .12.010 Districts established.
The zoning districts established by this zoning title are as follows:
R-1-10
R-1-6
R-2
R-3
R-4
C-1
C-2
C-T
C-N
MU
L-I
H-I
Low density single-family residential district
Medium density single-family residential district
Medium high density residential district
High density residential district
High density residential district
Central business/community commercial district
Service commercial district
Commercial transition district
Neighborhood commercial district
Mixed use district
Light industrial district
Heavy industrial district
U-R Urban reserve district
P Public facilities district
O Open space/recreation district
PUD Planned unit development district"
Further, Subsection F of Section 020 of Chapter 64 of Title 17 of the Municipal Code is amended as follows:
"17.64.020 Yards.
F. In All Commercial, Mixed Use and Industrial Districts - General Yard Requirements. All required yards shall extend the full width or depth of the lot and, unless otherwise specified herein, shall be open from the ground to the sky."
SECTION 4. ADDITION TO MUNICIPAL CODE
Chapter 55 of Title 17 is hereby added to the Municipal Code to read as follows:
"CHAPTER 17.55
MU MIXED USE DISTRICT
Sections:
17.55.010
17.54.020
17.54.030
17.54.040
17.54.050
17.54.060
17.54.070
17.55.010
Purpose.
Permitted uses.
Conditional uses.
Property development standards.
Population density.
Building height.
Site plan review.
Purpose.
The purpose of the Mixed Use (MU) zoning district is to provide for areas of high-density residential development in conjunction with commercial and office uses, either on the same parcel or block or within a pedestrian environment, or transit-oriented urban environment. Typical uses in this zone include multi-family residential and general commercial uses that provide a variety of goods and services for tenants and residents, as well as offices. This zone implements the Mixed Use (MU) land use designation in the General Plan.
17.55.020 Permitted uses.
The following uses shall be permitted in the Mixed Use zoning district with approval of a Site Plan Review:
A. Business Colleges or Vocational Schools;
B. Public Facilities, Libraries, Museums and Art Galleries/Studios; C. Parks and Playgrounds;
D. Places of Assembly (i.e., Churches, Recreational/Community Halls etc.);
E. Employee Housing;
F. Community Care Facilities (6 or less residents);
G. Multi-Family Housing, Short Term Rentals, Single Family Dwellings, and Single-Room Occupancy Units;
H. Supportive or Transitional Housing;
I. Alcohol Beverage Sales Business, Laundromats, and Banks; J. Daycare/Family Care Facilities;
K. Semi-Mobile Food Vendors;
L. Offices (5,000 square feet or less); and
M. Restaurants, Salons/Barber Shops, and Small Appliance Repair Shops.
Proposed uses not listed above shall be reviewed and approved/denied at the discretion of the Director of Community Development.
17.55.030 Conditional uses.
The following uses shall be permitted in the Mixed Use district, subject first to securing the approval of a conditional use permit as provided in Article I of Chapter 17.76 of this title:
A. Bars or Nightclubs;
B. Community Care Facilities (7 or more residents);
C. Offices (5,001 square feet or more); and
D. Vehicle Service Stations (not to include indoor vehicle repairs).
Proposed uses not listed above shall be reviewed and approved/denied at the discretion of the Director of Community Development.
17.55.040 Property development standards.
The following property development standards together with the general property development standards in Chapter 17.64 of this title shall apply to all land and structures in the Mixed Use zoning district.
17.55.050 Population density.
In the Mixed Use district, no more than thirty-two (32) dwellings units (includes but not limited to apartments, lofts, and studios) per lot shall be permitted.
17.55.060 Building height.
No main building or structure erected in this district shall have a height greater than three (3) stories, not to exceed seventy-five (75) feet.
17.55.070 Site plan review.
A site plan shall be submitted to the site plan review committee for approval in accordance with the provisions of Section 17.60.060 of this title before any building, structure, advertising structure or any parking facilities are erected or developed on any lot within the Mixed Use district."
SECTION 5. 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 of this Ordinance.
SECTION 6. 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.
SECTION 7. EFFECTIVE DATE
The ordinance shall go into effect and be in full force and operation from and after thirty (30) days following its final passage and adoption.
II
II
II
II
***************
The foregoing Ordinance was introduced at a regular meeting of the City County held on ________ , 2024, and was adopted at a regular meeting of said City County held on this ___ day of _______ , 2024, by the following vote.
Mayor Hogue voted:
Mayor Pro-Tern Porter voted:
Councilmember Pigg voted:
Councilmember Orlando voted:
Councilmember Bravo voted:
Mayor, City of Dos Palos
ATTEST:
Acting City Clerk, City of Dos Palos
Approved as to Legal form:
CITY ATTORNEY
By ___________ _
General Plan Text Amendment GPTA01-2024
The following text amendment shall be included in the Dos Palos General Plan, Chapter I - Land Use Element, on Page 13, following Neighborhood Commercial and before Industrial:
"Mixed Use (MU) Allows for multi-family development consisting of townhomes, condominiums, studios or lofts and apartments. Can be developed adjacent to or on top of existing commercial/office uses with densities of a minimum of 20 units up to 32 units per lot. The MU designation provides denser pedestrian and transit-oriented development in urban areas." The following text shall be added to Table 4 on Page 20, which shall be amended to add "MixedUse" in the Land Use Classification column and "MU" in the Consistent Zoning Column. 4864-4405-7287, V. 1
ORDINANCE NO. 440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOS PALOS AMENDING SECTION 8.22.020.E. OF CHAPTER 8.22 OF TITLE 8 OF THE CITY OF
DOS PALOS MUNICIPAL CODE TO UPDATE THE PROCESS FOR APPLICATIONS
AND ISSUANCE OF FIREWORKS SALES PERMITS
RECITALS
WHEREAS, Title 8 of the City of Dos Palos ("City") Municipal Code ("Municipal Code") governs health and safety within the City; and
WHEREAS, Chapter 8.22 of Title 8 of the Municipal Code regulates fireworks within the City; and
WHEREAS, Section 8.22.020 ("Section 020") governs the application for, and issuance of, fireworks sales permits; and
WHEREAS, Section 020 currently does not limit the number of years in a row that an applicant for a fireworks sales permit may be awarded a permit by lottery selection method; and
WHEREAS, the City Council desires through the passage of this Ordinance to amend Section 020 to place limitations on the number of years in a row that a respective permit applicant may be issued a fireworks sales permit through the lottery selection method.
NOW, THEREFORE, the City Council of the City of Dos Palos does ordain 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 is to amend Section 020 of the Municipal Code to place limitations on the number of years in a row that a respective permit applicant may be issued a fireworks sales permit through the lottery selection method.
SECTION 3. AMENDMENTS TO MUNICIPAL CODE
Subsection E. of Section 020 of Chapter 22 of Title 8 of the Municipal Code is hereby amended as follows:
"8.22.020 Fireworks -Applications and permits.
E. Only organizations which are both local and non-profit shall be eligible to apply for a fireworks sales permit.
The first permit shall be reserved until abandoned, which is failure to apply for a permit before the deadline, for the Dos Palos Athletic Boosters in its recognition as an organization which is both local and non-profit, supporting high school athletics, and which has had a fireworks sales permit for many consecutive years.
Any additional permit shall be issued by a lottery selection method to be determined and conducted by the City Council, or as conducted by the City Manager and subsequently approved by the City Council, from among eligible applicants.
Any permit applicant, excluding the Dos Palos Athletic Boosters, which has been issued a fireworks sales permit for two (2) years in a row through the lottery selection method shall be ineligible to apply for a permit during the following year. After one (1) year of ineligibility, the applicant shall once again become eligible to apply for a permit."
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 of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each article, section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that one or more articles, sections, subsections, sentences, clauses, and phrases be declared invalid.
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.
SECTION 6. EFFECTIVE DATE
The ordinance shall go into effect and be in full force and operation from and after thirty (30) days following its final passage and adoption.
II
II
II
II
II
II
II
II
* * * * * * * * * * * * * * *
The foregoing Ordinance was introduced at a regular meeting of the City County held on ________ , 2024, and was adopted at a regular meeting of said City County held on this ___ day of _______ , 2024, 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 ___________ _
4890-5061-3200, V. 1
RESOLUTION 20~4-12
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS
AUTHORIZING AN APPLICATION FOR AMERICAN RESCUE ACT FUNDING
FOR APPROVED ITEMS AND AUTHORIZING THE CITY MANAGER AND
DIRECTOR OF FINANCE TO PREPARE AND SIGN DOCUMENTS ON BEHALF OF
THE CITY
WHEREAS, Federal American Rescue Act Funding is available and the items listed below are an acceptable use of said funds; and
WHEREAS, the City of Dos Palos has $128,786.00 remaining from the original allotment of$1,322,l 76; and
WHEREAS, the City of Dos Palos will be utilizing the remaining funds for the following projects:
1. Rehabilitation of Parks- $60,828
2. Police Department Server-$41,558
3. Building Permit Software- $14,500
4. Computers for Video-Conferencing - $6,000
5. Upgrade the City Website- $5,900; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DOS PALOS authorizes an application on behalf of the City of Dos Palos for the remainder of the American Rescue Act funding and authorizes the City Manager and Director of Finance to prepare and sign documents on behalf of the City of Dos Palos.
PASSED AND ADOPTED this __ day of ____ , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
April Hogue, Mayor Manuela Sousa, Acting City Clerk
July 3, 2024
To: Members of the Dos Palos City Council
From: Dewayne Jones, City Manager
Re: Item 0-4, Bid for Pierini Ballpark Asphalt Project
Per our Purchasing Ordinance, staff must obtain approval from the City Council to go to bid for any purchase or contract that exceeds $25,000 dollars. This project will exceed that amount.
If you have any question's please feel free to contact me.
DOS PALOS CITY MANAGER
EMPLOYMENT AGREEMENT
This Employment Agreement (the "AGREEMENT") is made and entered into as of this ___ day of ______ , 2024, by and between the City of Dos Palos, a municipal corporation (hereinafter the "City"), and Dewayne Jones (hereinafter the "City Manager" or "Employee").
RECITALS
A. The City requires the services of a City Manager and the City Council of the City of Dos Palos ("City Council").
B. Pursuant to Dos Palos Municipal Code 2.08.010 the City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the City Council.
C. The Employee has the necessary education, experience, skills and expertise to serve as the City's City Manager.
D. The parties previously entered into an employment agreement on or about April 1, 2022 ("Prior Employment Agreement"), which was subsequently amended to extend the term of the Prior Employment Agreement through December 31, 2024.
E. The City Council desires to continue employing Employee as the City Manager and has entered into negotiations with him for the purpose of entering into a new employment agreement.
F. Employee desires to continue his employment as City Manager.
G. This Agreement is entered into pursuant to the authority of and subject to the provisions of Government Code section 53260, et seq. Upon the effective date of this Agreement, the Prior Employment Agreement shall be of no further force or effect.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:
1. Employment. City hereby appoints Employee as the City Manager for the City of Dos Palos and employs him in that position, and Employee hereby accepts that appointment and employment.
2. Term of Employment.
(a) This Agreement shall become effective on July 1, 2024, upon approval of the City Council, and continue until June 30, 2026, as of the date this Agreement is approved by the City Council, unless sooner terminated as otherwise provided for in this Agreement.
(b) The term of the Agreement may be extended by mutual written agreement of the parties. In the event that the term is not extended by mutual agreement of the parties, this Agreement and the employment relationship shall end on the respective expiration date contained herein.
3. Salary.
(a) City agrees to pay Employee for fiscal year 2024-2025 an annual base salary of One Hundred Thirty-Nine Thousand Nine Hundred Thirty-Seven Dollars ($139,937.00), and for fiscal year 2025-2026 an annual base salary of One Hundred Forty-Five Thousand Five Hundred Thirty-Four Dollars ($145,534.00). Employee's salary shall be payable in equal semi-monthly installments.
(b) Employee shall be entitled to an annual four percent (4%) cost of living adjustment ("COLA") to his salary, which is accounted for in the salary amounts outlined in subsection (a) above.
(c) Employee's annual base salary may only be reduced at the same time and in the same percentage as any across-the-board reduction that is imposed upon other City Department Heads and or Management employees in the City.
4. Phone Allowance. The City agrees to provide payment in the amount of One Hundred Dollars ($100.00) per month for cell phone reimbursement.
5. Medical; Dental; Vision; Life Insurance.
(a) City shall pay for the entire cost of City-provided, Employee-only, medical, dental and vision insurance.
(b) From the date of the Employee's separation until the Employee becomes eligible for Medicare, the City shall continue to pay for the entire cost of former Employee's medical, dental, and vision insurance, up to a total amount of Fifteen Thousand Dollars ($15,000.00) per year.
(c) During the term of this Agreement, the City shall maintain life insurance coverage on the Employee's behalf for an amount no less than Fifty Thousand Dollars ($50,000.00).
(d) The City agrees to provide disability insurance coverage for Employee, at no cost to the Employee, to cover non-work-related injuries.
6. Deferred Compensation. Employee shall not be entitled to deferred compensation.
7. Use of City Vehicle. The Employee shall have use for City business purposes of an automobile to be provided by the City. The City shall be responsible for paying all necessary insurance, vehicle licenses, registration, fuel, maintenance and repairs relating to such automobile. Employee shall not be allowed to take home any City owned vehicle that Employee is using.
8. Sick Leave. Employee shall be entitled to carry over any sick leave accrued under Employee's Prior Employment Agreement with the City. Further, Employee shall be entitled to sick leave accrual at the rate of eight (8) hours per month. Sick leave earned will be added to the Employee's sick leave accumulation account upon completion of the pay period. (a) Employee may accumulate sick leave indefinitely. Employee will continue to accrue sick leave if/while disabled under Section 16 (Workers Compensation) and On the Job Injury.
(b) When absent in excess of three (3) days, the Employee may be required to present a doctor's certificate or a personal affidavit to the Director of Finance and Personnel stating the reason for the absence. (c) Sick leave earned may be applied to an absence caused by illness or injury or for medical and dental office appointments during working hours. Sick leave shall not be abused. The charge to the Employee's sick leave account will be actual time used.
(d) Employee shall not be entitled to cash out sick leave upon termination of employment with City.
(e) There shall be no cap on sick leave.
9. Vacation and Vacation Accrual. Employee shall be entitled to carry over any vacation hours accrued under Employee's Prior Employment Agreement with the City.
Further, Employee shall be entitled to vacation accrual at the rate of 13.34 hours/month.
Employee may save a maximum of three hundred twenty (320) vacation hours. The following shall apply to vacation accrual or accumulation:
(a) Annual vacation may be accumulated for two (2) years unless the City Council, in specific cases, determines otherwise.
(b) Annual vacation shall not accrue while Employee is on a leave of absence without pay.
(c) In the event of the death of Employee, vacation accrued will be determined as though the employee had voluntarily resigned employment. (d) Employee shall notify the City Council at least two (2) weeks in advance of any planned vacation time which will extend for one (1) week or more.
(e) The City Council shall approve annual vacation taken by Employee which extends for more than one (1) week, and such approval shall be made with due regard for the wishes of Employee and the needs of the City. (f) All vacation time may be used as service credit toward retirement on an hour for hour basis, at time of resignation or termination of employment.
10. Reimbursements. The City recognizes that the Employee will incur certain expenses for City business, of a job-related nature, and the City hereby agrees to reimburse Employee or to directly pay those expenses. Employee shall abide by all policies of the City concerning said expenditures, documentation of, and reimbursement for same.
11. Holidays.
(a) The following days are recognized and observed as paid holidays for Employee:
(1) New Year's Day
(2) Dr. Martin Luther King, Jr.'s Birthday
(3) President's Day
(4) Cesar Chavez Day
(5) Good Friday
(6) Memorial Day
(7) Juneteenth
(8) Independence Day
(9) Labor Day
(10) Native American Day
(11) Veteran's Day
(12) Thanksgiving Day
(13) Friday following Thanksgiving Day
(14) Christmas Eve
(15) Christmas Day
(16) New Years Eve
(17) Two (2) personal holidays designated by the Employee. (18) Any day appointed by the President of the United States or Governor of California as a holiday.
(b) When a holiday occurs on a Saturday, the preceding Friday will be observed as a holiday. When a holiday occurs on a Sunday, the succeeding Monday will be observed as a holiday.
(c) If Employee is on vacation when a holiday occurs, he will receive another day in lieu.
(d) If Employee works on the actual day of a holiday, he will be compensated at double time (actual time worked) for each hour worked (e.g., if Christmas falls on a Saturday, the proceeding Friday is an "observed" holiday, however the employee will be compensated at double time on the actual holiday (Saturday) only).
12. Illness in Immediate Family. When an illness or injury in the Employee's immediate family requires the Employee to be absent from duty to care for such person, up to five (5) working days per fiscal year may be allowed, chargeable to the employee's sick leave. When consecutively absent in excess of one day, the Employee will file, upon the City's request, a doctor's statement or a personal affidavit with the Director of Finance and Personnel stating the cause for the absence. "Immediate" family refers to Employee's spouse, parent, foster parent, sister, brother, grandparent, child and grandchild. All State & Federal Family Medical Leave Act provisions shall apply.
13. Bereavement Leave.
(a) Death in the Family - Sick leave up to the amount needed, but not to exceed five (5) working days, may be used in the event of the death of Employee's immediate family, which is defined in Section 12 above. The Director of Finance and Personnel is responsible for determining the validity of sick leave granted under bereavement conditions.
(b) Funerals - In the event that Employee desires to attend the funeral of a person other than his immediate family, as defined, Employee may take vacation time up to a maximum of one (1) day.
14. Court Leave.
(a) Jury Duty- In the event that the Employee is summoned for jury duty during his normal working hours he will be deemed to be on duty, and there will be no loss in salary. Any jury fee or mileage allowance, if City transportation is used, received by Employee will be paid to the City. If the Employee released from jury duty during his normal duty hours he will report back to his City department. Before court leave is granted, the Employee must submit a copy of the summons to the Director of Finance prior to the beginning date of such duty or service. (b) City Witness/On Duty- In the event that the Employee is called as a witness in the course of his City employment when the City or State is a party to the action he will be deemed to be on duty, and there will be no loss of salary. Any witness fee received will be paid to the City along with any mileage allowed if City transportation is used. If the Employee is called as a witness in the course of his City employment during his off-duty hours, he will be compensated for the time spent at straight time or will be compensated for one hour minimum, whichever is greater. (c) Private Witness - In the event that the Employee is called as a witness in a private or civil matter between other parties he will be compensated in accordance with the California Civil Code or applicable procedures for witnesses.
Employee may use earned vacation or Compensatory Time Off when absent from work as a witness in a private matter.
15. Administrative Days. Eighty (80) hours are allowed for Administrative Days (i.e., emergency work) each year. Such days are "use or lose," as the hours do not carryover between fiscal years.
16. Worker's Compensation. Employee is entitled to the benefits covered by workers compensation; and, if said employee is absent from work as a result of an industrial injury, he/she will receive compensation in accordance with state Worker's Compensation Law.
(a) No deduction will be made from any vacation time, sick leave or overtime previously accumulated by the employee while the employee is absent on a compensable industrial injury leave and for a period of time as herein above stated, unless employee wishes to use his sick leave to compensate for the difference between what he/she receives for compensation from Worker's Compensation and what they would receive in their normal salary, in which case the City agrees to allow the employees to do so.
(b) The benefits provided under State of California Workers Compensation laws as referred to above will not include payments made for hospital, surgical and medical expenses or payments received as a result of permanent injury awards.
II
II
17. Duties.
(a) Employee shall serve as City Manager and perform those duties and have those responsibilities that are commonly assigned to a city manager of a city in California. The duties and responsibilities of the City Manager shall include the duties and responsibilities that are set forth in the Dos Palos Municipal Code, including, but not limited to, Sections 2.08.060-2.08.210, and such other duties and responsibilities as the City Council may from time to time reasonably assign to the City Manager.
(b) Employee shall devote all necessary time and effort required to fulfill the obligations of the City Managers position. The City and Employee acknowledge that Employee is reasonably expected to be available but does not have regular set hours of work and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate.
Employee's work schedule will vary in accordance with the work required to be performed.
18. Exclusive Employment. Employee shall devote all of his time, energy and efforts to the City, and shall accept no outside employment. The foregoing shall not limit Employee's ability to conduct teaching, writing, lecturing, or consulting, but only to the extent that such activities do not interfere with his duties as set forth in this Agreement.
19. Performance Evaluation. The City shall review and evaluate the performance of Employee annually or more frequently as deemed necessary by the City Council. Said review and evaluation shall be private and confidential, and the results shall be summarized and discussed in closed session, to the extent permitted by law, or through some other mutually acceptable closed format. Notwithstanding the foregoing, any and all applicable reporting requirements pursuant to the Ralph M. Brown Act shall be adhered to. The parties agree that the primary purposes of such evaluations are to facilitate open and frank discussion, define goals and expectations, identify performance strengths and weaknesses, and to provide an opportunity for Employee to take affirmative action to address weaknesses and areas needing improvement. Failure of the City Council to provide a performance evaluation shall not limit the City's ability to terminate this Agreement pursuant to the terms set forth herein.
20. Separation.
(a) At Will Employment - Consistent with Government Code Section 36506 the parties expressly agree that the position of City Manager is an "at-will" employee, and that the City Manager serves at the will and pleasure of the City Council. Nothing in this Agreement, any statute, ordinance, regulation or rule shall prevent, limit, or otherwise interfere with the right of the City Council to terminate, with or without cause or reason, the employment of Employee. (1) The City Council may, in its absolute discretion, terminate the employment of Employee as City Manager and terminate Employee's employment with the City. To terminate Employee's employment, the City, acting through the City Council, shall give Employee a written notice of the termination. As currently provided in Dos Palos Municipal Code Section
2.08.250, termination must be approved by four (4) members of the City Council at a regular meeting held in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.). In the event of the intended removal of Employee by the City Council, Employee shall be furnished with a written notice stating the City Council's intention and its reason therefor. Such notice shall be provided at least thirty (30) days prior to the effective date of removal.
Employee shall be entitled to request a hearing before the City Council regarding such intended removal in accordance with Dos Palos Municipal Code Section 2.08.270. If Employee is terminated, Employee shall have no right of appeal or grievance procedure. As provided in Dos Palos Municipal Code Section 2.08.290 the Employee shall "not be removed from office during or within a period of ninety (90) days next succeeding any general municipal election held in the city at which election a member of the City Council is elected."
(b) Resignation - Employee may resign from his employment as City Manager upon giving thirty (30) days prior written notice to the City Council; provided, however, that notice shall not be required in the event Employee resigns pursuant to a request for resignation by the City Council. Employee shall be compensated during the notice period. Employee, at City's sole option, may be directed not to report to work during all or any part of the resignation notice period.
(c) Automatic Termination - This Agreement, and Employee's employment, shall automatically terminate, and Employee shall not be entitled to any severance compensation upon the happening of any of the following events:
(1) Upon mutual agreement in writing by both parties to terminate this Agreement.
(2) Upon resignation given to City by Employee, except if the resignation is in response to a request for resignation from the City Council. (3) Upon retirement from full time public service with the City, pursuant to applicable PERS laws, rules and regulations. If Employee retires, Employee will provide six (6) months advance notice.
(4) Upon death of Employee.
(5) When Employee has been unable to perform substantially all of the essential responsibilities, powers or duties of his position, with or without reasonable accommodation, due to illness or other disability for a period of three (3) months.
(6) Termination or removal for cause.
(7) Expiration of the term of this Agreement or any extended term.
21. Severance.
(a) In the event Employee is terminated for a reason set forth in sub paragraphs 21 (a) (1 )-(5) of this Agreement, City shall pay to Employee as severance compensation a sum equal to the lesser of (i) twelve (12) months base salary or (ii) base salary for the number of months remaining on the term of this Agreement.
( 1) The City terminates Employee without cause.
(2) The City reduces Employee's salary or other benefits in a greater percentage than applicable across-the-board reductions made by the City for other Management employees in the City and Employee elects to give thirty (30) days written notice of his resignation to the City Council. The written notification of resignation must be given within thirty (30) days of the reduction in Employee's salary or other benefits.
(3) The City Council requests the resignation of Employee, and Employee resigns pursuant to that request.
( 4) The city manager form of government is abandoned by action of the City Council, vote of the people, state legislation or by any other legal means. ( 5) The position of city manager is eliminated by action of the City Council, vote of the people, state legislation, or by any other legal means. (b) The payment of severance compensation pursuant to this paragraph shall be in a lump sum, less applicable payroll deductions. Employee shall also receive continuing health insurance plan coverage including dental and vision for the duration of the severance months from the effective date of the termination. Pursuant to Government Code Section 53261, the continuing eligibility of Employee and his dependents for health insurance plan coverage shall terminate should Employee obtain other employment.
(c) The severance rights provided herein shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause.
(d) Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Such severance compensation is expressly contingent on the execution, delivery, and non-revocation of a General Release Agreement by Employee.
( e) It is the intention of the parties that this section complies with the requirements of Government Code Section 53260 et seq. In the event of any conflict between this provision and those code sections, the terms of those code sections shall govern the contractual relationship between the City and Employee.
22. Termination or Removal for Cause. Notwithstanding any pmvision of this Agreement to the contrary, City may terminate Employee's employment for cause at any time, and if Employee is terminated or removed for cause, he shall not be entitled to payment of severance compensation or any other compensation or damages. "Cause" shall include the following reasons.
(a) Employee's breach of this Agreement.
(b) Conviction of any felony, Conviction of a crime, whether misdemeanor or a felony, involving moral turpitude, or arising out of Employee's duties under this Agreement, or under the Political Reform Act, or any offense constituting an "abuse of office or position" within the meaning of Government Code Section 53243.4, or under Government Code Section 1090 et. seq. For purposes of this paragraph, a plea of nolo contendere shall also be considered a conviction.
(c) Any willful or grossly negligent act or inaction of material dishonesty; or that materially and adversely impedes or disrupts the operations of City or its organizational units; or is detrimental to employees or public safety; or is a violation of City established policies, rules, regulations, and procedures. (d) Dishonesty involving employment, including but not limited to falsification of any City report or record or of any report or record required to be, or filed by Employee.
(e) Acceptance from any source of any emolument, reward, gift or other form of remuneration in addition to Employee's regular compensation, as a personal benefit to the Employee for actions performed in the normal course of Employee's assigned duties.
(f) Resume fraud.
(g) Willful abandonment of the duties of the office of city manager. (h) Willful and intentional failure to carry out clear direction or order of the City Council made by the City Council as a body at a Ralph M. Brown Act compliant meeting.
(i) Repeated and protracted unexcused absences from the office and duties of city manager.
0) Continued abuse of drugs or alcohol that materially affects the performance of the duties of city manager.
(k) Willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council as a body, or persistent willful violation of properly established rules and procedures.
(1) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of City or its organizational units, is detrimental to employee safety or public safety, violates properly established rules or procedures, adversely affects the reputation of City, its officers or employees, or has a substantial and adverse effect on City's interests.
23. Compliance with Government Code Section 53243 et seq. (Assembly Bill No. 1344).
(a) In the event City determines to place Employee on paid leave pending an investigation, Employee shall fully reimburse such pay to the City if he is subsequently convicted of a crime involving the abuse of his office or position.
(b) In the event the City determines to fund all or part of a legal criminal defense for Employee, he shall fully reimburse such funds to the City if he is subsequently convicted of a crime involving an abuse of his office or position.
( c) Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. (See, Government Code Section 53243.2).
(d) For purposes of this section, "abuse of office or position" shall be as defined in Government Code Section 53243.4.
24. Indemnification. City agrees to defend, hold harmless, and indemnify Employee against any claims, demands or legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and during the course of Employee's employment with the City, subject to Employee cooperating in good faith with the City with respect to defense of such claims, demands, or legal actions in accordance with the provisions of California Government Code Sections 825 and 825.6. City may compromise and settle any such claim, demand, or action and pay the amount of any settlement or judgment rendered therefrom. This covenant shall survive the termination of this Agreement.
25. Notices. Any notice to be given hereunder by either party to the other in writing may be affected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appear below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received after (5) calendar days following the date of mailing of the notice.
CITY:
EMPLOYEE:
City of Dos Palos
Attn: City Council
217 4 Blossom Street
Dos Palos, CA 93620
Dewayne Jones
1109 Golden Gate Avenue
Dos Palos, CA 93620
26. Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all agreements, either oral or in writing, between the parties with respect to the employment of Employee by City and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party.
27. Drafting of Agreement. The Parties hereto acknowledge and agree that although this Agreement has been drafted by City's legal counsel, Employee has reviewed, or had an opportunity to review the terms of this Agreement with Employee's legal counsel. Consequently, the doctrine that ambiguities in an agreement should be resolved against the drafting Party shall not be employed in connection with this Agreement and this Agreement shall be interpreted in accordance with its fair meaning.
28. Independent Review of Agreement. Employee acknowledges that Employee has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that Employee has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or Employees other than those expressly set forth in this Agreement.
29. Modifications. Any modifications to this Agreement shall be effective only by written amendment and signed by both the parties hereto.
30. Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
31. Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
32. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California in full force and effect as of the date of execution. The Parties also agree that the venue of any action to enforce the provisions of this Agreement, or any document executed in connection with this Agreement, shall be Merced County, California.
33. Attorney's Fees. In the event of any legal action between the parties hereto to enforce the provisions of this Agreement, the prevailing party shall be entitled to attorney's fees and costs.
34. Representations. City and Employee each represent and warrant to the other that each has received legal advice from independent and separate legal counsel with respect to this Agreement, or has knowingly declined to obtain such legal advice, and further represent and warrant to each other that each has carefully reviewed this Agreement and each and every term hereof. This Agreement shall not be construed against the party or its representatives who draft it or any portion hereof.
II
35. Counterparts. This Agreement may be executed on separate copies, anyone of which need not contain signatures of more than one party but all of which taken together shall constitute one and the same Agreement.
II
II
II
II
II
* * * * * * * * * *
IN WITNESS WHEREOF the foregoing Agreement is executed on the date and year first above-written.
ATTEST:
Manuela Sousa, Acting City Clerk
Approved as to Legal Form:
COUNTY COUNSEL
By:. _________ _
Amanda C. Savage
4853-8808-0841, V. 1
CITY OF DOS PALOS
April Hogue, Mayor
EMPLOYEE
By:. ____ ~~----- (Signature)
(Print Name)