DOS PALOS CITY COUNCIL
REGULAR MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue
Dos Palos, California, USA
Tuesday, November 19, 2024
Closed Session 5:30pm
Open Session 6:00pm
A. CALL TO ORDER: by Mayor April Hogue
B. Adjourn to Closed Session
1. California Government Code section 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properly: Blossom Street & Lexington Avenue, APN 089-030-027 Agency Negotiator: Dewayne Jones, City Manager
Negotiating Parties: Premier Recycle Company
Under Negotiation: Price and Terms
C. Reconvene in Open Session
I. Flag Salute:
2. Invocation:
3. Roll Call:
4. Urgency Additions or Deletions:
by Councilmember Debbie Orlando
by Councilmember Thomas Pigg
• by Acting City Clerk Manuela Sousa
Requires urgency andfimr qffirmative votes
5. Public Comment: At this time, anyone present may comment upon any city-related business item, which is not on this agenda. Please state your name and address for the record. Please be concise and rivoid 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.
D. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
1. Review of the Refuse Rate Study, Steve Brandt, Quad Knopf, Inc.
2. Proclamation Honoring the 100th Anniversary of the Sacred Heart Church.
E. 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.
1. Approval of the Minutes of the September 17, 2024, Regular City Council Meeting.
2. Approval of the Pre-Paids for October 2024.
3. Approval of the Warrants for November 2024.
4. Approval of the Treasurer's Report for July 2024.
F. BUSINESS:
1. Consider Approving Resolution 2024-18, Authorizing the Holding of a Special Election to Present Voters with a Measure to Levy a Special Sales and Use Tax Increase of 0.50% for Fire Protection Services.
Report
Discussion
Public Comment
Action
2. Consider Introduction of Ordinance No. 443, An Ordinance of the City Council of the City of Dos Palos Adding Section 3 .12.160 to Chapter 3 .12 of Title 3 of the City of Dos Palos Municipal Code Pertaining to the Imposition of a Sales and Use Tax.
Waive First Reading
Public Hearing
Motion to Introduce
3. Consider Introduction of Ordinance No. 444, (Uncodified) Waive First Reading An Ordinance of the City Council of the City of Dos Imposing Public Hearing a One Half (1/2) of One Percent (.50%) Sales and Use Tax Motion to Introduce for Fire Protection Services to be Administered by the
California Department of Tax and Fee Administration.
4. Consider Approving Resolution 2024-19, Authorizing the Valeria Street Sidewalk Project for the Congestion Mitigation And Air Quality (CMAQ) Program Funding.
Report
Discussion
Public Comment
Action
5. Consider Approving the Revised Police Officer Job Description. Report Discussion
Public Comment
Action
6. Consider Approving the Sidewalk Repair & Replacement Plan. Report Discussion
Public Comment
Action
G. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS.
H. ADJOURNMENT in memory of local departed:
Disclosures and Information:
Rebecca Lara 96
Linda VonAllman 91
Melody Merck 66
Phillip Todd 61
Jimmy Jasso 59
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 20, 2024. The next available numbers of record are Ordinance #445 and Resolution 2024-20. Per 54954.2(a)(l), the City's website cityofdospalos.org inay be down intennittently 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] 4882-2495-5386, V. 1
AYUNTAMIENTO DE DOS PALOS
ORDEN DEL DIA DE LA REUNION ORDINARIA
Edificio de la Ciudad-Condado, 1554 Golde.n Gate Avenue Dos Palos, California, Estados Unidos
Martes, 19 de noviembre de 2024
Sesion Cerrada 5:30pm
Sesion Abierta 6:00pm
Un. LLAMADO AL ORDEN: por la alcaldesa April Hogue
B. Aplazamiento a puerta cerrada
1. Secci6n 54956.8 del C6digo de Gobierno de California
CONFERENCIA CON NEGOCIADORES INMOBILIARIOS
Propiedad: Blossom Street y Lexington Avenue, APN 089-030-027 Negociador de la agencia: Dewayne Jones, administrador de la ciudad Partes negociadoras: Premier Recycle Company
En negociaci6n: precio y condiciones
C. Volver a convocar en sesi6n abierta
1. Saluda a la bandera:
2. lnvocaci6n:
3. Pase de lista:
por la concejal Debbie Orlando
por el concejal Thomas Pigg
por la secretaria municipal interina Manuela Sousa
4. Adiciones o supresiones de urgencia: Requiere urgencia y cuatro votos afirmativos
5. Comentario pUblico: En este momenta, cuafquier persona presente puede comentar sabre cualquier tema de negocios relaclonado con la ciudad, que no este en esta agenda. lndlque su nombre y dlreccl6n para que conste. Par favor, sea conciso y evlte la repetlci6n. El alcalde puede flmltarlo a una presentaci6n que no exceda las dos minutos de duracl6n. La fey estatal ahoro requiere que se aslgne al menos el doble de tiempo a un miembro de/ pUbllco que utl/ice un traductor que no sea Ingles, Las medldas, en caso necesario, se llmitan a la remlsi6n de/ personal o, en condiclones especlales, a la lnclus/6n en un programafuturo.
D. ELOGIOS, PRESENTACIONES y PROCLAMAS.
1. Revision del estudio de tasa de basura, Steve Brandt, Quad Knopf, Inc.
2. Proclamaci6n en honor a los 100 afios de la Iglesia del Sagrado Coraz6n.
E. 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 del Consejo, a menos que un miembro del Consejo o el publico solicite que se dlscutan y/o eliminen temas especificos del Calendario de Consentimiento. Se considerara que cada punto del Calendario de Consentimiento aprobado por el Consejo ha sido considerado en su totalidad y adoptado segun lo recomendado.
1. Aprobaci6n del Acta de la Reuni6n Ordinaria del Concejo Municipal del 17 de septiembre de 2024.
2. Aprobaci6n de los prepagos para octubre de 2024.
3. Aprobaci6n de los warrants para noviembre de 2024.
4. Aprobaci6n del lnforme del Tesorero correspondiente al mes de julio de 2024.
F. NEGOCIO:
Considerar la aprobaci6n de la Resoluci6n 2024-18, que autoriza el informe Celebraci6n de una Elecci6n Especial para Presentar a los Votantes una Medida a Discusi6n lmponga un aumento especial del impuesto sobre las ventas y el uso del 0.50% para los comentarios publicos sobre incendios
Servicios de protecci6n. Acci6n
1. Considerar la introducci6n de la Ordenanza NQ 443, una ordenanza que renuncia a la primera lectura
del Concejo Municipal de la Ciudad de Dos Palos Agregando Secci6n
3.12.160 al Capftulo 3.12 del Tftulo 3Q de la Moci6n de la Ciudad de Dos Palos C6digo Municipal relative a la imposici6n de un contrato de ventas y lmpuesto sobre el Uso.
Audiencia Publica
2. Considerar la introducci6n de la Ordenanza NQ 444, (no codificada) Renuncia a la Primera Lectura Ordenanza del Ayuntamiento de la Ciudad de Dos por la que se impone audiencia publica una moci6n de la mitad (1/2) del uno por ciento (.50%) del lmpuesto sobre las ventas y el uso para introducir
para los Servicios de Prntecci6n contra lncendios que seran administrados por el Departamento de Administraci6n de lmpuestos y Tarifas de California.
3. Considerar aprobar la Resoluci6n 2024-19, que autoriza el lnforme Proyecto de Acera de la Calle Valeria para la Discusi6n de Mitigaci6n de Congestion y el financiamiento del Programa de Calidad del Aire (CMAQ).
Comentario publico
Considere aprobar la descripci6n revisada del trabajo del oficial de policfa.
4. Considere aprobar el Plan de Reparaci6n y Reemplazo de Aceras.
G. CORRESPONDENCIA, EVENTOS, CONSEJOS E INFORMES DEL PERSONAL.
H. APLAZAMIENTO en memorio de Jos difuntos loco/es: Rebecca Lara 96 Divulgaciones e in/ormaci6n:
Linda VonAllman 91
Melodia Merck 66
Phillip Todd 6_1 anos
Jimmy Jasso 59 a nos
Acci6n
lnforme
Discusi6n
Comentario publico
Acci6n
lnforme
Discusi6n
Comentario publico
Acci6n
El 97Q 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 ya esta en sesi6n y finaliza el 20 de noviembre de 2024. Los siguientes numeros de registro disponibles son la Ordenanza #445 y la Resoluci6n 2024-20. Segun 54954.2 fa) (1), el sitio web de la Ciudad cityofdospalos.org puede estar inactive de manera intermitente o temporal por mantenimiento o reparaciones.
©Ciudad.de Dos Palos, Inc., sitio web: www.cityofdospalos.org 2174 Blossom Street, Dos Palos CA 93620, (209} 392-2174, correo electr6nico:[email protected]
PROCLAMATION
HONORING THE DOS PALOS SACRED HEART CHURCH
UPON ITS 100th ANNIVERSARY
WHEREAS, the Sacred Heart Church was established on November 29, 1924 in Dos Palos, a farming community about 50 miles northwest of Fresno, where old timers say Dos Palos was named for two lone poplars adorning an otherwise ban-en desert more than a century ago; and WHEREAS, the first church was a little wooden structure built by Presbyterians in 1903 and moved from a corner of the high school land to the site of the present church hall, where the land under the new church sat on the former Fresno Slough, required extensive pilings driven into the sandy soil to support the new structure; and
WHERAS, Rev. Patrick McCabe, the first pastor, was appointed by the newly installed first bishop of the Diocese of Monterey-Fresno, the Most Reverend John B. MacGinley, Father McCabe ministered to the mostly Italian and Portuguese immigrant population of both Dos Palos and Firebaugh; and
WHEREAS, today in the Catholic community of Dos Palos, seldom a day goes by that either the church or the parish hall is not filled with some parish activity, whether it be junior high or high school youth group, or from parish organizations to all the various ministries; NOW
THEREFORE,
BE IT PROCLAIMED, that I, April Hogue, 28th Mayor of the City of Dos Palos, do hereby honor the Dos Palos Sacred Heart Church on its 100th anniversary on Saturday, November 10, 2024.
SIGNED:
Dos Palos City Council Regular Meeting Minutes
October 22, 2024
A. CALL TO ORDER: Mayor April Hogue called a Regular Meeting of the Dos Palos City Council to order at 6:00 pm in the City-County Building at 1546-1554 Golden Gate Avenue in Dos Palos, California on Tuesday, October 22, 2024.
1. Roll Call: Acting City Clerk, Manuela Sousa called the roll finding Councilmembers present:
Mayor Hogue, Councilmember Pigg, Councilmember Orlando, Councilmember Bravo, and Councilmember Porter.
2. The Flag Salute was led by Councilmember Debbie Orlando.
3. There Invocation was led by Councilmember Thomas Pigg.
4. Urgency Additions and Deletions: None.
5. Public Comment: None.
B. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS:
1. Nathan Alonzo from PG&E, gave a presentation.
2. Steve Brandt from Quad Knopf, Inc. presented the Refuse Rate Study for the City Council to review and ask any questions.
C. CONSENT CALENDAR:
1. It was moved by Councilmember Orlando and seconded by Councilmember Porter to approve the City of Dos Palos regular meeting Minutes for September 17, 2024, the motion was passed on a 5-0 as follows: AYES: Hogue, Pigg, Orlando, Bravo and Porter. NOES: None.
ABSENT: None.
2. It was moved by Councilmember Orlando and seconded by Councilmember Porter to approve the Pre-Paids for September, 2024, the motion was passed on a 5-0 as follows:
AYES: Hogue, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None.
3. It was moved by Councilmember Orlando and seconded by Councilmember Porter to approve the Warrants for October, 2024, the motion was passed on a 5-0 as follows: AYES:
Hogue, Orlando, Pigg, Bravo and Porter. NOES: None: ABSENT: None.
4. It was moved by Councilmember Orlando and seconded by Councilmember Porter to deny claims filed by Stacy Warren and Maribel Coronado, the motion was passed on a 5-0 as follows: AYES: Hogue, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None.
D. BUSINESS:
1. Following a staff report public comment was opened at 6:51pm. It was moved by Councilmember Porter and seconded by Councilmember Pigg to approve Resolution 2024- 17, approving a Minor Subdivision and Variance located at Hr Avenue and Santa Rita Street, AP 012-102-015. The motion passed 5-0, as follows: AYES: Hogue, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None.
2. Following a staff report public comment was opened at 6:53pm. It was moved by Councilmember Pigg and seconded by Councilmember Orlando to approve increasing the Building Department budget by $39,992 and allocate $30,000 to Building Department Computer O&M and $9,992 to Building Department training, funds from SB379 compliance.
The motion passed 5-0, as follows: AYES: Hogue, Orlando, Pigg, Bravo and Porter. NOES:
None. ABSENT: None.
3. Following a staff report public comment was opened at 6:56pm. It was moved by Councilmember Bravo and seconded by Councilmember Orlando to approve the revised Police Sergeant Job description. The motion was passed 5-0, as follows: AYES: Hogue, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None.
4. Following a staff report public comment was opened at 6:58pm. It was moved by Councilmember Pigg and seconded by Councilmember Orlando, to accept the Blossom Street slurry project and authorize the remaining project balance to be paid. The motion was passed 5-0, as follows: AYES: Hogue, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT:
None.
5. Following a staff report public comment was opened at 7:14pm. It was moved by Council member Orlando and seconded by Council member Pigg, to approve the Valeria Street project for Congestion Mitigation & Air Quality Program funding. The motion was passed 4-1, as follows: AYES: Hogue, Orlando, Pigg, and Porter. NOES: Bravo. ABSENT: None.
6. Following a staff report public comment was opened at 7:20pm. It was moved by Councilmember Pigg and seconded by Councilmember Orlando, to award the bid to McElvany, Inc. which was the lowest responsible and responsive bidder for the Center Street Bridge project. The motion was passed 5-0, as follows: AYES: Hogue, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None.
7. Following a staff report public comment was opened at 7:23pm. It was moved by Councilmember Pigg and seconded by Councilmember Orlando, to authorize the City Engineer to go to bid for the replacement of the siphon pipe at the outtake from the Aqueduct to the water treatment plant. The motion was passed 5-0, as follows: AYES: Hogue, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None.
E. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS:
Various reports were made.
F. ADJOURNMENT in memory of local departed: James Mccurdy 76, Judy Ball 89, Bryan VanWorth 46, Melody Merck 66, and Kurt VonAllman, Jr.
Meeting Adjourned at 8:04 pm.
Respectfully Submitted By:
Acting City Clerk
Manuela Sousa
Pre-Paid Listing October 2024
24563 Pacific Premier Bank 10/01/2024 $ 135,588.61
24564 Ignacio Cervera 10/04/2024 $ 250.00
24565 Crane's Waste Oil Inc 10/04/2024 $ 850.00
24566 Clifton Battles 10/08/2024 $ 1,789.90
24567 W.M. Lyles Company 10/10/2024 $ 1,593,124.66
24568 Residence Inn Long Beach 10/14/2024 $ 3,122.10
24575 Code 3 Wear 10/16/2024 $ 75.64
·24672 Danny Teltow 10/25/2024 $ 27.00
24673 Debanni Aguayo 10/28/2024 $ 180.00
24675 Debanni Aguayo 10/30/2024 $ 305.00
24676 Clifton Battles 10/30/2024 $ 1,085.65
24677 Midway Community Water Distric 10/30/2024 $ 7,443.01 24678 South Dos Palos Water District 10/30/2024 $ 2,260.01 Report Total (13 checks): $ 1,746,101.58
AP Checks by Date - Summary by Check Date (11/14/2024 1 :53 PM) Warrant Listing - November 2024 •
24688 AAA Business Supplies & Interiors 11/14/2024 $ 154.03 24689 Anderson Lock & Key 11/14/2024 $ 205.00
24690 AT&T 11/14/2024 $ 419.35
24691 AutoZone, Inc. 11/14/2024 $ 340.42
24692 Baker Supplies and Repairs 11/14/2024 $ 476.29
24693 Bankcard Center 11/14/2024 $ 253.08
24694 Bureau of Reclamation 11/14/2024 $ 1,963.44
24695 California Police Chiefs Assc. 11/14/2024 $ 365.00 24696 Caltronics Business Systems 11/14/2024 $ 438.42
24697 Casey Moving Systems 11/14/2024 $ 98.28
24698 Central California Irrigation 11/14/2024 $ 10,575.00 24699 Cintas 11/14/2024 $ 729.37
24700 Comcast 11/14/2024 $ 2,168.96
24701 CSG Consultants, Inc. 11/14/2024 $ 4,059.00
24702 Angelina Diaz 11/14/2024 $ 40.87
24703 Dos Palos Fire Dept. 11/14/2024 $ 225.00
24704 Elan Financial Services 11/14/2024 $ 2,500.61
24705 Electric Drives, Inc. 11/14/2024 $ 30,138.68
24706 Elite Uniforms 11/14/2024 $ 276.09
24707 Enviromental.com LLC 11/14/2024 $ 5,440.00
24708 Fresno Mobile Radio Inc. 11/14/2024 $ 350.00
24709 Frontier Communications 11/14/2024 $ 79.00
24710 Gopher 11/14/2024 $ • 562.59
24711 Great America Financial Services 11/14/2024 $ 309.08 24712 Home Depot Credit Services 11/14/2024 $ 2,313.05
24713 Ingraham Trophies 11/14/2024 $ 602.65
24714 JG Hardware Store 11/14/2024 $ 259.13
24715 Justin's Tire and Auto 11/14/2024 $ 2,146.65
24716 Katen Pest Solutions 11/14/2024 $ 340.00
24717 Kellogg Supply 11/14/2024 $ 64.94
24718 Liebert Cassidy Whitmore A Pro 11/14/2024 $ 9,632.32 24719 Marfab 11/14/2024 $ 282.60
24720 McNamara Sports 11/14/2024 $ 4,565.78
24721 Melin Enterprises, INC 11/14/2024 $ 735.00
24722 Merced County Animal Control 11/14/2024 $ 1,020.00 24723 Mid Valley Disposal 11/14/2024 $ 57,182.09
24724 Mid Valley IT 11/14/2024 $ 4,857.95
24725 Midway Community Water Distric 11/14/2024 $ 7,099.74 24726 Mike's Towing 11/14/2024 $ 375.00
24727 Northstar Chemical 11/14/2024 $ 281.71
Warrant Listing - November 2024
24730 Pacific Gas & Electric 11/14/2024 $ 29,097.18
24731 Pegboard 11/14/2024 $ 2,578.38 •
24732 Premier Valley Bank 11/14/2024 $ 425,736.45
24733 Price Paige & Company CPA's, LLP 11/14/2024 $ 1,190.00 24734 Quad Knopf 11/14/2024 $ 78,123.18
24735 Quantum FSD, Inc. 11/14/2024 $ 124.95
24736 Red Triangle Oil Co. 11/14/2024 $ 844.91
24737 Safe T Lite 11/14/2024 $ 571.45
24738 San Joaquin Delta College 11/14/2024 $ 1,427.00
24739 San Luis & Delta Mendota Water 11/14/2024 $ 6,480.18 24740 Sequoia Equipment Company, Inc, 11/14/2024 $ 625.00 24741 Simplot Grower Solutions Firebaugh 11/14/2024 $ 519.80 24742 SJVAPCD 11/14/2024 $ 290.00
24743 Smile Business Products, Inc 11/14/2024 $ 137.23
24744 South Dos Palos Water District 11/14/2024 $ 598.55 24745 Sparkletts 11/14/2024 $ 100.21
24746 Springbrook Holding Company, LLC 11/14/2024 $ 809.00 24747 State Foods Supermarket 11/14/2024 $ 59.23
24748 The Westside Express 11/14/2024 $ 136.00
24749 Toro Petroleum 11/14/2024 $ 8,721.17
24750 Trans-Rock Trucking 11/14/2024 $ 3,935.54
24751 USABlue Book 11/14/2024 $ 766.47
24752 USDA, Service Center Rural Dev 11/14/2024 $ 19,900.00 24753 Utility Service Co., Inc 11/14/2024 $ 3,595.16
24754 Valley Animal Hosptial 11/14/2024 $ 452.00
24755 Verizon Wireless 11/14/2024 $ 1,070.00
24756 Vestis 11/14/2024 $ 316.44
24757 Westamerica Bank 11/14/2024 $ 2,245.76
Report Total (70 checks): $ 754,844.67
AP Checks by Date - Summary by Check Date (11/14/2024 10:49 AM)
CITY OF DOS PALOS
CASH FLOW REPORT
JULY,2024
BEGINNING BALANCE: 1,046,846.93
REVENUES RECEIVED:
GENERAL FUND 118,188.86
WATER DEPOSIT 1050.00
UTILITIES 345,900.25
TOTAL REVENUES RECEIVED: 465,139.11
EXPENDITURES:
PAYROLL 4,991.93
DIRECT DEPOSIT 121,611.93
WARRANTS 1,045,018.12
TOTAL EXPENDITURES: 1,171,621.98
BEGINNING BALANCE: 1,046,846.93
TOTAL REVENUES: 465,139.12
TOTAL EXPENDITURES: -1171621.98
CREDIT CARD CHARGE -2,258.71
ANALYSIS CHARGE: -83.87
BLUEFIN -59.90
VOID CHKS 23899/23913/24250 4117.76
LEXIS PAYMENT 50.00
WIRE TRANSFER 317889.11
PERS LATE FEE -200.00
PERS ANNUAL -4275.00
PERS MONTHLY -30439.33
EMPOWER PMT -368.75
TOTAL CASH FLOW BALANCE: 624,735.38
CITY TREASURER
CITY OF DOS PALOS
WESTAMERICA BANK RECONICILIATION
JULY,2024
STATEMENT ENDING BALANCE:
COMPUTER WARRANTS OUTSTANDING:
20827 LAURA'S FUNKY CITZ & NAILS
20831 DAYMAN MARRINEZ.
20909 SANTIAGO BANUELOS
21385 ADAM GARIBAY
21566 KEVIN VALDEZ
21680 BULMARO VASQUEZ
22297 LUCIA MERRELL
22393 JG HARDWARE STORE
22483 DOMAIN NAME SERVICES
22492 GIRLS CLOSET
22500 LOS BANOS VET
22551 EMPLOYEE CHECK
22799 ASHTON LIANEZ
22859 PORAC MEMBERSHIP SERVICES
22898 EMPLOYEE CHECK
23067 BRUNO & NORA ESPITA
23480 MIRNA JARA
23503 JUANITA PENA
23504 PITNEY BOWES
24069 PAT & SHERRILL CAMPBELL
24070 SHERRILL CAMPBELL
24080 DOS PALOS FIRE DEPT
24093 GREG BRINKLEY CONSTRUCTION
24109 OWEN EQUIPMENT SALES
24180 DOS PALOS YOUTH BASEBALL
24187 AQUA-METRIC
24193 CALIFORNIA BUILDING STANDARDS
24194 CALIFORNIA DEPART. OF CONSERVATION
24202 DIVISION OF THE STATE ARCHITECT
24203 DOS PALOS FIRE DEPT
24204 DOS PALOS LIONS CLUB
24221 JUSTINS TIRE AUTO
24226 MERCED COUNTY PUBLIC WORKS
24233 OWEN EQUIPMENT SALES
24241 BRITTNEY RUIZ
24245 SOARES LUMBER & FENCING
831,572.87
85.60 24.20
5.60 3.00
101.00
30.99 48.86
12.13 289.00
128.50
150.00
138.52
77.43 40.50
138.52
30.53 25.06
2.93 98.36
14.52 277.00
225.00
750.00
1389.30
1365.00
3796.50
116.10
79.46 8.80
225.00
• 766.97
2220.79
1196.57
278.88
329.91
763.43
24246 S. DOS PALOS WATER DIST
24252 T & T PAVEMENT MARKING & PRODUCT~
24256 ERIKA TOVAR
24272 USDA.SERVICE CENTER RURAL DEV
24282 EMPLOYEE CHECK
24298 STEPPING STONES NURSERY
24300 ADAM CORONADO
24602 STATE CENTER REG TRNG FACILITY
24303 SACRAMENTO COUNTY SHERIFFS
24304 JOSEPH TOSCANO
TOTAL COMPUTER WARRANTS:
BEGINNING BALANCE:
TOTAL COMPUTER WARRANTS:
OUTSTANDING DEPOSITS:
TOTAL CASH FLOW BALANCE:
4249.16
50.00 60.00
191182.18
138.52
1072.56
126.65
138.00
475.00
250.00
$212,976.03
831,572.87
-212,976.03
6138.54
624,735.38
RESOLUTION 2024-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS
CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 4, 2025, TO PRESENT TO
VOTERS A MEASURE TO LEVY A SPECIAL SALES AND USE TAX INCREASE OF ONE-HALF (1/2) OF ONE PERCENT (0.50%), AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; REQUESTING CONSOLIDATION THEREOF WITH ELECTIONS BEING HELD BY OTHER JURISDICTIONS ON THE SAME DATE; REQUESTING THAT THE
MERCED COUNTY BOARD OF SUPERVISORS AUTHORIZE THE MERCED
COUNTY CLERK TO RENDER SPECIFIED SERVICES TO THE CITY OF DOS PALOS RELATING TO THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION; AND
APPROVING THE PROPOSED BALLOT MEASURE DESCRIPTION
WHEREAS, the City of Dos Palos ("City") faces a budget crisis of unprecedented proportions; and
WHEREAS, the City has, and will continue to experience significant increases in expenses that outpace available revenue resources; and
WHEREAS, the residents of the City have expressed their desire to avoid further cuts in essential fire protection services and maintain the local fire station; and WHEREAS, the City Council of the City of Dos Palos ("City Council") met at its regularly scheduled meeting of October 22, 2024, where an update was provided to the City Council regarding the potential consolidation of fire stations within the County of Merced due to funding shortages, including the City's fire station; and
WHEREAS, applicable provisions ofthe California Revenue and Taxation Code authorize the City to levy or increase a sales and use tax for special purposes by ordinance following approval by a two-thirds (66.67%) vote of the qualified electors of the City voting in an election on the issue; and
WHEREAS, in accordance with applicable provisions of the Elections Code the City Council desires to submit to the voters of the City of Dos Palos a ballot measure. proposal to increase the existing rate of the Sales and Use Tax rate in the City by one-half (1/2) of one percent (0.50%) (hereinafter the "Measure"); and
WHEREAS, if the Measure is approved by the voters, the one-half (1/2) of one percent (0.50%) increase to the sales and use tax will be a special tax, the revenue of which will be placed in a separate fund to pay for the City's fire station and fire protection expenses; and WHEREAS, if the Measure is approved by the voters, the California Department of Tax and Fee Administration shall collect the tax from retailers subject to the tax and remit the funds to the City; and
WHEREAS, Section 10402 of the Elections Code authorizes the Merced County Board of Supervisors to consolidate the special municipal election for the Measure with the elections being held by other jurisdictions, if any, on March 4, 2025; and WHEREAS, the sales and use tax increase required by the Measure cannot be imposed without a super-majority (2/3) voter approval; and
WHEREAS, voter approval of the Measure increasing the City's sales and use tax rate will require an ordinance amending the Dos Palos Municipal Code defining the rate and more completely describing the Measure and details of the tax, which ordinance shall be prepared by the City Attorney so as to be enacted if the Measure is approved by the voters (hereinafter "Ordinance").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOS PALOS HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to article XIII C, section 2(b) of the California Constitution, section 53 724 of the Government Code, and applicable provisions of the Elections Code, the City Council of the City of Reedley hereby calls and orders an election at which the Measure relating to the increase of the City's sales and use tax shall be submitted to the qualified voters of the City.
SECTION 2. The City Council requests the Merced County Board of Supervisors to consolidate the special municipal election for this Measure with the elections being held by other jurisdictions, if any, on March 4, 2025, pursuant to sections 10402 and 10403 of the Elections Code, and acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code section 10418.
SECTION 3. The City requests that the Merced County Clerk/Registrar of Voters conduct the election and canvass the returns, and the City agrees to pay the proportionate share of reasonable expenses of said election, said share to consist of all direct costs as determined by the Merced County Clerk to be directly related to the conduct of the City of Dos Palos' special municipal election together with the City's proportionate share of the expenses for election services rendered by Merced County that are being shared equally with other jurisdictions, if any, by virtue of the consolidation of the City's special municipal election with the elections being held by other jurisdictions, if any, in the City of Dos Palos o.n March 4, 2025.
SECTION 4. At the special municipal election to be held on March 4, 2025, the following question shall be submitted to registered voters of the City of Dos Palos and shall be printed on the election ballot in the form set forth as follows:
CITY OF DOS PALOS FIRE DEPARTMENT TAX MEASURE: Shall an ordinance increasing the sales and use tax rate in the City of Dos Palos by 0.5% be approved to generate approximately $200,000 annually to be used only for fire department expenses such as fire station upgrades, equipment, and firefighter staffing costs, until ended by voters, subject to annual audits available to the public, with all funds being used only to fund fire protection services in the City of Dos Palos and benefitting Dos Palos residents? •
YES □ NO □
SECTION 5. The measure shall be designated on the ballot by a letter, as provided in Elections Code Section 13116. This measure shall be designated by letter by the Merced County Clerk.
SECTION 6. Passage of the Measure requires two-thirds (66.67%) of votes from qualified voters of the City voting in the election.
SECTION 7. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 8. Pursuant to Elections Code section 12111, the City Council hereby directs the City Clerk, with the assistance of the City Attorney, to prepare a synopsis of the Measure and transmit the synopsis to the Merced County Clerk/Registrar of Voters to be published in accordance with section 12111.
SECTION 9. The full text of the Measure submitted to the voters will appear in the sample ballot and voters' pamphlet. The Ordinance to be enacted to implement the Measure, if the Measure is approved by the voters, will not be printed in the sample ballot and voters pamphlet.
However, the full text of the Measure and the full text of the Ordinance will be made available at the Office of the Merced County Clerk/Registrar of Voters and the Office of the Dos Palos City Clerk.
SECTION 10. Arguments in favor of or against the proposed measure are permissible and shall be filed with the Merced County Clerk/Registrar of Voters in accordance with applicable provisions of the Elections Code, including sections 9280 through 9287 thereof.
SECTION 11. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney, and the City Attorney shall prepare an impartial analysis of the Measure in accordance with Elections Code section 9280 and file it with the Merced County Clerk/Registrar of Voters.
SECTION 12. The City Clerk shall file a certified copy of this resolution with the Merced County Clerk/Registrar of Voters as required by applicable law. The City Clerk is hereby authorized and directed to work with the Merced County Clerk/Registrar of Voters and talrn all steps necessary to cause placement of the Measure and any associated arguments, analysis, synopsis, summary, or ballot question on the ballot.
SECTION 13. The City Clerk and City Attorney are authorized to make any typographical, clerical, non-substantive corrections to this resolution and the Measure to be placed on the ballot as may be deemed necessary by the Merced County Clerk/Registrar of Voters.
SECTION 14. California Environmental Quality Act (CEQA). The adoption of this Resolution is exempt from the California Environmental Quality Act, Public Resources Code § § 21000 et seq. ("CEQA") and 14 Cal. Code Reg.§§ 15000 et seq. ("CEQA Guidelines"). The calling and noticing of a Special Municipal Election for the submission of a ballot measure to voters is not a project within the meaning ofCEQA Guidelines Section 15378.
SECTION 15. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons and circumstances. The City Council of the City of Dos Palos hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or • portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable. •
The foregoing Resolution 2024-18 was passed and adopted by the City Council of the City of Dos Palos on November 19, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
April Hogue, Mayor
ATTEST:
· Manuela Sousa, Acting City Clerk
APPROVED AS TO LEGAL FORM:
Amanda C. Savage, City Attorney
4874-1967-3848, v. 3
ORDINANCE NO. 443
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOS PALOS ADDING SECTION 3.12.160 TO CHAPTER 3.12 OF TITLE 3 OF THE CITY OF DOS PALOS
MUNICIPAL CODE PERTAINING TO THE IMPOSITION OF A SALES AND USE TAX
RECITALS
WHEREAS, the City Council of the City of Dos Palos has ordered a ballot measure ("Measure") for a one-half (1/2) of one percent (.50%) Sales and Use Tax increase, as authorized by applicable law, to be submitted to the voters of the City at the March 4, 2025, special municipal election, in accordance with applicable law; and WHEREAS, should the voters approve the Measure, the California Department of Tax and Fee Administration ("Department") requires that an ordinance be in place for the collection of that tax, which is imposed under the part in the California Revenue and Taxation Code known as the "Transactions and Use Tax Law" (Revenue and Taxation Code section 7251, et seq.); and
WHEREAS, the City Council desires to adopt two ordinances, one codified in the City Municipal Code (reflecting the additional tax rate) and one uncodified (reflecting the additional tax rate and including the applicable requirements of the Department and the Transactions and Use Tax Law), both contingent on the voters approving the Measure, and Ordinance No. 444, although it will be uncodified, is to be adopted concurrently with this Ordinance.
NOW, THEREFORE, the City Council of the City of Dos Palos does hereby ordain as follows:
SECTION 1. CODIFICATION OF ADDITIONAL SALES AND USE TAX RATE Section 3.12.160 of Chapter 3.12 of Title 3 of the Municipal Code is hereby added to read as follows:
"3.12.160 Additional Sales and Use Tax Rate.
Notwithstanding anything to the contrary in this Section or in Chapter 3.12 of Title 3 of the Dos Palos Municipal Code, effective on July 1, 2025, there shall be existing in the City a Sales and Use Tax at the rate of one-half (1/2) of one percent (.50%). This tax is in addition to the City's existing sales and use tax as set forth in Section 3.12.01 O of Chapter 3.12 of Title 3 of the Dos Palos Municipal Code.
The purpose of this additional Sales and Use Tax is to fund fire protection services as set forth ih Resolution No. 2024-18 and Ordinance No. 444 (uncodified), and this tax shall be subject to the provisions of Ordinance No. 444 (uncodified). The voters approved the imposition of this additional Sales and Use Tax at an election held for that purpose on March 4, 2025, by a super-majority (2/3) of the voters." SECTION 2. EFFECTIVE AND ADOPTION DATE; CONTINGENCY ON VOTER
APPROVAL
This ordinance relates to the levying and collecting of City sales and use taxes and shall be effective immediately upon adoption, but shall have no force or effect, and shall not be sent for publication or considered adopted, unless a super-majority (2/3) of the voters approve the Measure at the March 4, 2025, special municipal election. If the Measure is approved by the voters, the tax imposed by this ordinance shall be operative beginning on July 1, 2025, in accordance with California Revenue and Taxation Code section 7265.
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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 Reed 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 ____________ _
4877-2350-6426, v. 1
3 ORDINANCE NO. 444
(Uncodified)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOS PALOS IMPOSING A ONE HALF (1/2) OF ONE PERCENT (.50%) SALES AND USE TAX FOR FIRE
PROTECTION SERVICES TO BE ADMINISTERED BY THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION
RECITALS
WHEREAS, the City Council of the City of Dos Palos has ordered a ballot measure ("Measure") for a one-half (112) of one percent (.50%) Sales and Use Tax increase, as authorized by applicable law, to be submitted to the voters of the City at the March 4, 2025, special municipal election, in accordance with applicable law; and WHEREAS, should the voters approve the Measure, the California Department of Tax and Fee Administration ("Department") requires that an ordinance be in place for the collection of that tax, which is imposed under the part in the California Revenue and Taxation Code known as the "Transactions and Use Tax Law" (Revenue and Taxation Code section 7251, et seq.); and
WHEREAS, the City Council desires to adopt two ordinances, one codified in the City Municipal Code (reflecting the additional tax rate) and one uncodified (reflecting the additional tax rate and including the applicable requirements of the Department and the Transactions and Use Tax Law), both contingent on the voters approving the Measure, and Ordinance No. 443, is to be adopted concurrently with this Ordinance.
NOW, THEREFORE, the City Council of the City of Dos Palos does hereby ordain as follows:
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SECTION 1. TITLE
This ordinance shall be known as the Additional Sales and Use Tax Ordinance.
The City of Dos Palos hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.
SECTION 2. OPERATIVE DATE
"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance. The Operative Date of this ordinance, if approved by voters, shall be July 1, 2025, in accordance with California Revenue and Taxation Code section 7265.
SECTION 3. PURPOSE
This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail sales and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a super-majority (2/3) of the electors voting on the Measure vote to approve the imposition of the tax at an election called for that purpose.
B.. To adopt a retail sales and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail sales and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as 2 practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the_ California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail sales and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part
1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
SECTION 4. CONTRACT WITH STATE
Prior to the Operative Date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior. to the Operative Date, it shall nevertheless so contract and in such a case the Operative Date shall be the first day of the first calendar quarter following the execution of such a contract.
SECTION 5. SALES TAX RATE
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of .50% (one-half of one percent) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the Operative Date of this ordinance.
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3 SECTION 6. PLACE OF SALE
For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for- delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
SECTION 7. USE TAX RATE •
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the Operative Date of this ordinance for storage, use or other consumption in said territory at the rate .50% (one-half of one percent) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
SECTION 8. ADOPTION OF PROVISIONS OF STATE LAW
Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the 4 Revenue and Taxation Code are hereby adopted and made a part of this ordinance as • though fully set forth herein.
SECTION 9. LIMITATIONS ON ADOPTIONS OF STATE LAW; COLLECTION
OF USE TAXES
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefore. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California.
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
5 b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
1. "A retailer engaged in the business in the district" shall include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the state by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000.00). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of the Internal Revenue Code and the regulations thereunder.
SECTION 10. PERMIT NOT REQUIRED
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.
SECTION 11. EXEMPTIONS AND EXCLUSIONS
A. There shall be excluded from the Measure of the sales tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use 6 Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 7 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the Operative Date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the Operative Date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. They are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax (i.e., sales tax) under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such-aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
8 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the Operative Date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the Operative Date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of a~y right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels 9 registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code.
That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax, any transactions tax (i.e., sales tax) or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
SECTION 12. AMENDMENTS
All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1. 7 of Division 2 of the Revenue and Taxation Code, all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to the California Constitution or all amendments to other applicable provisions of California law shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
SECTION 13. ENJOINING COLLECTION FORBIDDEN
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
10 SECTION 14. SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision ,to other persons or circumstances shall not be affected thereby.
SECTION 15. EFFECTIVE DATE
This ordinance relates to the levying and collecting of a proposed City sales and use tax and is subject to voter approval and shall take effect only if the Measure is approved by a super-majority (2/3) of the voters of the City of Dos Palos at the March 4, 2025, municipal election. If the Measure is approved by the voters, this ordinance shall be deemed adopted upon City Council certification of the March 4, 2025 special municipal election results and shall take effect ten (10) days thereafter, but the tax imposed by this ordinance shall be operative beginning on July 1, 2025, in accordance with California Revenue and Taxation Code section 7265.
SECTION 16. TERMINATION DATE
The authority to levy the tax imposed by this ordinance shall continue until amended or ended by the applicable percentage of the City's voters. '
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SECTION 17. NO CODIFICATION
This ordinance will not be codified.
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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 Reed 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 ___________ _
4886-9744-0762. V. 1
12 RESOLUTION 2024-19
A RESOLUTION OF THE CITY OF DOS PALOS COMMITTING TO USE ALL OF
THE CMAQ FUNDS FOR THE VALERIA STREET SIDEWALK PROJECT AND
AUTHORIZE THE CITY MANAGER TO EXECUTE ANY NECESSARY
AGREEMENTS
WHEREAS, in August 2024 the Merced County Association of Governments issued a call for proj ects under the Congestion Mitigation and Air Quality Program; and WHEREAS, City staff identified the Valeria Street Sidewalk Project will improve safety and quality of life to the neighborhood and adjoining school sites; and WHEREAS, the requested grant amount is $455,000 with a local match of $58,000; and WHEREAS, in the event the Congestion Mitigation and Air Quality Program grant application is successful, staff will return to the City Council with a recommendation to appropriate the grant funding and required local match; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dos Palos does hereby authorize the filing of the Congestion Mitigation and Air Quality grant application in the amount of $455,000 with a local match of $58,000.
Passed and adopted this 19th day ofNovember, 2024 by the following votes:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
Mayor, April Hogue Acting City Clerk, Manuela Sousa
POLICE OFFICER
SUMMARY OF DUTIES:
Officers are assigned to a patrol shift under general supervision with the express goal of protecting life and property. An officer assigned to patrol is responsible for providing public assistance, answering calls for service, traffic enforcement and investigation, enforcement of laws and ordinances, and preparing reports and other related activities as required. Officers are expected to follow up on reports, investigate each incident thoroughly, and testify in court when necessary.
WORKING CONDITIONS
The position requires prolonged sitting, standing, walking, running, jumping, reaching, twisting, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires both near and far vision and acute hearing. Additionally, incumbents may work outdoors in all weather conditions including wet, hot, and cold. The position entails working in hazardous situations and may involve abusive persons, potential physical violence, and the potential risk or exposure to blood-borne pathogens in the performance of law enforcement duties. The nature of the work also requires the incumbent to drive motorized vehicles, operate a variety of law enforcement equipment, work in heavy vehicle traffic conditions, and often work with constant interruptions.
KNOWLEDGE/SKILLS/ABILITIES
• Knowledge of Principles, practices, techniques, and equipment used in law enforcement; patrol, crime scene, and follow-up investigation; pursuit and apprehension of suspects; laws, codes, regulations, and court rulings governing suspect and prisoner rights, search and seizure, and rules of evidence; safety practices and precautions pertaining to the work, including the safe use and proper care of firearms; training and motivation; juvenile procedures. • Remaining calm and taking appropriate action in difficult situations; dealing effectively with people of all socio-economic levels in hostile and emergencies; reading, interpreting and applying complex laws, procedures and policies; making rapid sound independent judgments within legal and procedural guidelines; maintaining accurate records and preparing clear and concise reports and written materials; establishing and maintaining effective working relationships with those contacted in the course of the work. • Ability to: Analyze and respond to stressful situations in a timely and accurate manner; communicate effectively with supervisors and public officials, City staff, other public agencies, and members of the community; continuously meet the minimum Department standards for firearms use; physically control suspects who are actively resisting arrest; work extended and irregular hours; perform related duties as required.
MINIMUM QUALIFICATIONS
• Be at least 21 years of age at the time of employment. • A citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship.
• Possess a valid Class C California Driver License.
• Possess a high school diploma or equivalent (College-level coursework is highly desirable). • Current certificate of completion from a POST-approved police academy. • Must maintain current certification from POST throughout employment. • Able to communicate clearly both orally and in writing (Possess a demonstrable comprehension of the correct usage of spelling, grammar, and punctuation). • Be self-motivated and able to work independently.
• Able to deal effectively with both fellow employees and members of the public. • Ability to work various shifts, hours, and holidays.
• Typing and computer skills preferred. The Department utilizes a computer-based records and report system generated on PC and laptop computers.
AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER
Qualified applicants are considered without regard to race, color, religion, creed, sex, sexual orientation, gender, gender identity, gender expression; national origin, ancestry, age (over 40), disability, medical condition, genetic information, marital status, military or veteran status, or any other legally protected status. Candidates selected will be invited to participate in panel and individual interviews. The successful finalist must pass a Livescan/DOJ fingerprint check, a pre-employment physical examination, and a comprehensive background investigation. Upon appointment, each new employee must serve a probationary period during which the employee must demonstrate sufficient capacity and ability to perform the work assigned to this position.
Sidewalk Repair Property Owner and Utility Responsibility • 4,511 locations • 1,488 addresses • 160,000 square feet of sidewalk Bl
• 26 Utility Boxes •
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Sidewalk Repair Strategy, 15 Years Plan City Responsibility PCC Slicing Uneven Sidewalk Repairs
Phase Area # of repairs Estimated Cost
Phase 1, FY2024/25 Zones 256 $ 30,000.00
Phase 2. FY2025/26 Zones 256 $ 30,000.00
Phase 3, FY2026/27 Zone 5 & Zone 4 256 $ 30,000.00
Phase 4. FY2027/28 Zone4 256 $ 30,000.00
Phase 5, FY2028/29 Zone4 256 $ 30,000.00 Phase 6. FY2029/30 Zone3 256 $ 30,000.00 Phase 7, FY2030/31 Zone3 256 $ 30,000.00 Phase 8, FY2031/32 Zone2 256 $ 30,000.00 Zone 2 ~-~),idHfi&m .....,,,,,,, 'r'rp Hlzard RernoYlf Spodallltl:
Phase 9, FY2032/33 Zone2 256 $ 30,000.00
Phase 10, FY2033/34 Zone2 256 $ 30,000.00
Phase 11 FY2034/35 Zone2 256 $ 30,000.00
Phase 12 FY2035/36 zone 1 256 $ 30,000.00 Phase 13 FY2036/37 Zone 1 256 $ 30,000.00 Phase 14 FY2037/38 Zone 1 256 $ 30,000.00
Phase 15 FY2038/39 Zone 1 256 $ 30,000.00
Sidewalk Removal and Replacement
Phase Area # of repairs Estimated Cost
Phase 1, FY2024/25 Zones 7 $ 20,000.00
Phase 2. FY2025/26 Zone4 7 $ 20,000.00 Zone 3
Phase 3, FY2026/27 Zone 4 7 $ 20,000.00
Phase 4. FY2027/28 Zone4 7 $ 20,000.00
Phase 5, FY2028/29 Zone3 7 $ 20,000.00 Phase 6. FY2029/30 . Zone 3 7 $ 20,000.00
Phase 7, FY2030/31 Zone3 7 $ 20,000.00 Zone 5
Phase 8, FY2031/32 Zone2 7 $ 20,000.00
Phase 9, FY2032/33 Zone2 7 $ 20,000.00 Phase 10, FY2033/34 Zone2 7 $ 20,000.00 Phase 11 FY2034/35 Zone 2 7 $ 20,000.00 Phase 12 FY2035/36 Zone 1 7 $ 20,000.00
Phase 13 FY2036/37 Zone 1 7 $ 20,000.00
Phase 14 FY2037/38 Zone 1 7 $ 20,000.00
Budget of $50,000 per year
Sidewalk Replacement is focused on locations lifted by City Tree Phase 15 FY2038/39 Zone 1 7 $ 20,000.00
MEMO
Date: November 13, 2024 Project No.: 240013 /
To: Dwayne Jones, City Manager
From: Garth A. Pecchenino, PE, PLS
Subject: City Project Status
The following will provide a brief report on the status of various projects and items being addressed by QK staff or working with City Staff to provide assistance for the last month, Water Plant replacement project:
The progression of work since the last Council meeting is as follows:
The Backwash tank area has underground piping connection being plac.ed from the Operations Building to the Tank.
The Chlorine Contact tank is finishing the sealing of joints and the interior coating.
The Operations Building: The conduit runs and re bar are completed, the perimeter foundation forms have been placed and anchor bolts for the metal columns on the building, The Chemical Feed/Storage building is moving into the floor foundation stage as well and just behind the progress on the Operation Building.
Underground pipe/conduit installation is reaching completion; the water, sewer and storm drainage pipelines have been installed and tested,. The conduits for the electrical, controls and chemical feed pipelines is the contractors current work effort at the project site. New water pipeline installed on the extension of Oliver Street.
Phase 2 Construction - Siphon pipe replacement at Aqueduct; The construction package is in review with DWR at this time.
The continuation of submittal review and approval.
Valeria Street Project - Project going through the selection process.
Development Impact Fees - Continuing to work on the draft report with reference project costs and additional financial information from the City Staff on existing funds.
Other items:
Have completed the filing for the Drought & Water Conservation data upload to the State Water Board Portal SAFER. Any changes or updates will be provided at the meeting. GAP' 2816 Park Avenue • Merced, California 95348 • Tel (209) 723-2066 + Fax-(559) 733-7821 www.qkinc.com