DOS PALOS CITY COUNCIL
REGULAR MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue
Dos Palos, California, USA
6:00 pm, Tuesday, February 18, 2025
A. CALL TO ORDER: by Mayor Katy Reed
1. Flag Salute: by Councilmember Debbie Orlando
2. Invocation: by Mayor Pro Tem Thomas Pigg
3. Roll Call: by City Clerk Tracy Mosby
4. Urgency Additions or Deletions: Requires urgency and four affirmative votes
5. Public Comment: At this time, anyone present may comment upon any city-related business item, which B. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
1. Commendation to the DPX "Pop Its" Team for their Cheer Team National Championship.
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.
1. Approval of the Minutes of the January 21, 2025, Regular City Council Meeting.
2. Approval of the Revised Minutes of the December 17, 2024, Regular Meeting.
3. Approval of the Pre-Paids for January 2025.
4. Approval of the Warrants for February 2025.
5. Approval of the Treasurer's Report for October 2024.
D. BUSINESS:
1. Discuss and Consider Approving Ordinance 445, Amending Report Chapter 17.60 of Title 17 of the City of Dos Palos Municipal Discussion Code to Update the Process Required for Obtaining a Business Public Comment License for Alcohol Sales Related to ABC Licenses. Action
2. Discuss and Consider Approving Resolution 2025-01, Setting Report Development Impact Fees. Discussion
Public Comment
Action
3. Discuss and Consider Approving Resolution 2025-02, Adopting Report a Multijurisdictional Local Roadway Safety Plan. Discussion Public Comment
Action
4. Discuss and Consider Entering into an Agreement with Report JB Anderson for Planning Consultant Services. Discussion Public Comment
Action
5. Discuss and Consider Entering into an Agreement with Report Anabella Homes of California for Tentative Subdivision Discussion Map Processing Costs: Public Comment
Action
6. Discuss and Consider Delegating Authority to the City Manager Report • Enter into Agreement with Townsend Public Affairs fo Discussion rant Writing Services Up to the Amount Outlined in th Public Comment Proposal for Services. Action
7. Discuss and Consider Entering into an Agreement with Report John Smothers for Interim Police Chief Services. Discussion Public Comment
Action
8. Discuss and Consider Approving the Rate Study for Refuse Services. Report Discussion
Public Comment
Action
E. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS.
F. ADJOURNMENT in memory of local departed. Elias Magallon 92 Tony Vandenberg 87
Tony Cardoza 82
Robert Yonkers 75
Tammy Merriman 64
Gary Shaeffer 63
Disclosures and Information:
The 97" City Council consists of Mayor Katy Reed, Mayor pro Tempore Thomas Pigg, Councilmember Debbie Orlando, Councilmember Armando Bravo, and Councilmember Marcus Porter. The 46'h Council Session is now in session and ends on November 17; 2026. The next available numbers of record are Ordinance #446 and Resolution 2025-03.
Per 54954.2(a)(1), the City's website cityofdospalos. org may be down intermittently or temporarily for maintenance or repairs.
©City of Dos Palos, Inc., website: www.cityofdospalos.org 2174 Blossom Street, Dos Palos CA 93620, (209) 392-2174, email:[email protected]
AYUNTAMIENTO DE DOS PALOS
ORDEN DEL DÍA DE LA REUNIÓN ORDINARIA
Edificio de la Ciudad-Condado, 1554 Golden Gate Avenue
Dos Palos, California, Estados Unidos
6:00 pm, martes 18 de febrero de 2025
Un. LLAMADO AL ORDEN: por la alcaldesa Katy Reed
1. Saludo a la bandera: por la concejal Debbie Orlando
2. Invocación: por el alcalde interino Thomas Pigg
3. Pase de lista: por la secretaria municipal Tracy Mosby
4. Adiciones o supresiones de urgencia: Requiere urgencia y cuatro votos afirmativos
5. Comentario público: En este momento, cualquier persona presente puede comentar sobre cualquier tema de negocios relacionado con la ciudad, que no esté en esta agenda. indique su nombre y dirección para que conste. Por favor, sea conciso y evite la repetición. El alcalde puede limitarlo a una presentación que no exceda los dos minutos de duración. La ley estatal ahora requiere que se asigne al menos el doble de tiempo a un miembro del público que utilice un traductor que no sea inglés. Las medidas, en caso necesario, se limitan a la remisión del personal o, en condiciones especiales, a la inclusión en un programa futuro.
B. ELOGIOS, PRESENTACIONES y PROCLAMAS.
1. Felicitaciones al equipo DPX "Pop Its" por su equipo de porristas Campeonato Nacional.
C. CALENDARIO DE CONSENTIMIENTO: Acción
Los elementos considerados de naturaleza rutinaria se colocan en el Calendario de consentimiento.
No hay discusión de estos temas antes de la votación del Consejo, a menos que un miembro del Consejo o el público solicite que se discutan y/o eliminen temas específicos del Calendario de Consentimiento. Se considerará que cada punto del Calendario de Consentimiento aprobado por el Consejo ha sido considerado en su totalidad y adoptado según lo recomendado.
1. Aprobación del Acta de la Reunión Ordinaria del Concejo Municipal del 21 de enero de 2025.
2. Aprobación del Acta Revisada de la Reunión Ordinaria del 17 de diciembre de 2024.
3. Aprobación de los prepagos para enero de 2025.
4. Aprobación de los warrants para febrero de 2025.
5. Aprobación del Informe del Tesorero correspondiente al mes de octubre de 2024.
D. NEGOCIOS:
1. Discutir y considerar la aprobación de la Ordenanza 445, Informe de Enmienda Capítulo 17.60 del Título 17 de la Discusión Municipal de la Ciudad de Dos Palos Código para actualizar el proceso requerido para obtener un comentario público de la empresa Licencia para la venta de alcohol relacionada con las licencias ABC. Acción
2. Discutir y considerar la aprobación de la Resolución 2025-01, Informe de Configuración Tarifas de impacto del desarrollo. Discusión
Comentario público
Acción
3. Discutir y considerar la aprobación de la Resolución 2025-02, por la que se adopta el informe un Plan Local de Seguridad Vial Multijurisdiccional. Discusión Comentario público
Acción
4. Discutir y considerar la posibilidad de celebrar un acuerdo con el informe JB Anderson para Servicios de Consultoría de Planificación. Discusión Comentario público
Acción
5. Discutir y considerar la posibilidad de celebrar un acuerdo con el informe Anabella Homes of California para Discusión Tentativa de Subdivisión Costos de procesamiento de mapas. Comentario público
Acción
6. Discuta y considere delegar autoridad al administrador de la ciudad Informe para celebrar un acuerdo con el Departamento de Asuntos Públicos de Townsend para su discusión Otorgar servicios de redacción hasta el monto indicado en el comentario público Propuesta de Servicios. Acción
7. Discutir y considerar la posibilidad de celebrar un acuerdo con el informe John Smothers para los Servicios del Jefe de Policía Interino. Discusión Comentario público
Acción
8. Discuta y considere aprobar el estudio de tarifas para los servicios de recolección de basura.
Informe
Discusión
Comentario público
Acción
E. CORRESPONDENCIA, EVENTOS, CONSEJOS E INFORMES DEL PERSONAL.
F. APLAZAMIENTO en memoria de los difuntos: Elías Magallón 92 Tony Vandenberg tiene 87 años.
Tony Cardoza tiene 82 años.
Robert Yonkers 75 años
Tammy Merriman 64 años
Gary Shaeffer 63 años
Divulgaciones e información:
El 97º Concejo Municipal está compuesto por la alcaldesa Katy Reed, el alcalde pro tempore Thomas Pigg, la concejal Debbie Orlando, el concejal Armando Bravo y el concejal Marcus Porter. La 46₴ Sesión del Consejo ya está en sesión y finaliza el 17 de noviembre de 2026. Los siguientes números de registro disponibles son la Ordenanza #446 y la Resolución 2025-03. Según 54954.2 (a) (1), el sitio web de la Ciudad cityofdospalos.org puede estar inactivo 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 electrónico:[email protected]
DOS PALOS CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 21 2025
A. CALL TO ORDER: Mayor Katy Reed 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,
1. The Flag Salute was led by Councilmember Debbie Orlando
2. The Invocation was led by Councilmember Thomas Pigg
3. Roll Call: City Clerk, Tracy Mosby called the roll finding councilmembers
Present: Mayor Reed, Councilmember Pigg, Councilmember, Orlando Councilmember Bravo, and Councilmember Porter.
Urgency Additions and Deletions: None
5. Public Comment: Claudia Bautista commented about the One Voice Trip In Washington D.C.
B. OATH OF OFFICE:
1. After discussion a motion was made by Councilmember Orlando Seconded by Councilmember Porter, with a vote 5-0, to consider Appointing Tracy Mosby, City Clerk, to fill a Term Ending November 15, 2026.
2. Tracy Mosby was sworn in by the City Attorney for Oath of Office to City Clerk.
3. A presentation was given by Billie Hansen from Mid Valley Disposal, Recognizing Dollar General as 2024 Recycler of the Year with no Contamination fees.
C. CONSENT CALENDAR:
1. It was moved by Councilmember Orlando and seconded by Councilmember Pigg To approve the City of Dos Palos regular meeting Minutes for January 17 2024, the motion was passed on a 5-0 as follows: AYES: Reed, Pigg, Orlando, Bravo and Porter. NOES: None. ABSENT: None.
2. It was moved by Councilmember Orlando and seconded by Councilmember Pigg To approve the Pre-Paids for January, 2025, the motion was passed on a 5-0 As follows: AYES: Reed, Orlando, Pigg, Bravo and Porter. NOES: None. Absent: None
3. It was moved by Councilmember Orlando and seconded by Councilmember Pigg to approve the Warrants for December 2024, the motion was passedon a 5-0 as follows: AYES: Reed,Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None
4. IT was approved by Councilmember Orlando and seconded by Councilmember Pigg To approve the Treasurer Report for September 2024, the motion was passed on a 5-0-as follows AYES: Reed, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: none D. BUSINESS:
1. After discussion a motion was made by Councilmember Pigg and Seconded by Councilmember Porter to Authorize Staff to Create request for qualifications (RFQ) for CEQA consultants the motion passed 5-0.
2. After discussion a motion was made by Councilmember Pigg and seconded by Councilmember Porter authorizing the City Manager to Sign a Notice of Department Designation Form for the City Engineer the motion was passed 5-0.
3. After discussion a motion was made by Councilmember Pigg and seconded by • Councilmember Bravo to consider updating the City Council Assignment list the motion passed 5-0 (see attached)
E. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORT
Multiple reports were given.
F. ADJOURMENT In Memory of local departed Cheryl Higgs McCleilan 76 Skylor Lish 24 Andrew Flores
MEETING ADJOURNED AT 7:16 p.m.
Resectfully Submitted By:
City Clerk
Tracy Mosby
Dos Palos City Council Regular Meeting Minutes
December 17, 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, December 17, 2024.
1. The Flag Salute was led by Councilmember Debbie Orlando
2. The Invocation was led by Councilmember Thomas Pigg
3. Roll Call: City Clerk, Tracy Mosby called the roll finding Councilmembers
Present: Mayor Hogue, Councilmember Pigg, Councilmember, Orlando Councilmember Bravo, and Councilmember Porter
4. Urgency Additions and Deletions: It was moved by Councilmember Orlando and 2nd by Councilmember Porter to add Resolution 2024-20 to B.1. motion passed 5-0 as follows: AYES:
Hogue, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None.
5. Public Comment - None
B.. OATH OF OFFICE:
1. Resolution 2024-20 declaring Results of the Municipal Election held on November 5, 2024 Motion made by Councilmember Pigg and a 2nd by Councilmember Orlando to approve resolution 2024-20 the motion passed on a 5-0 as foliows: AYES: Hogue, Pigg, Orlando, Bravo and Porter. NOES: None. ABSENT: None.
2. Oath of Office to Mayor Elect Katy Reed Councilmember Elect Armando Bravo, and Councilmember Elect Marcus Porter. Was sworn in by City Attorney Crystal Pizano
3.Motion made by Councilmember Porter 2nd by Councilmember Bravo to Appoint Lori Lima, Treasurer to fill a Term ending November 15, 2026. the motion passed on a 5-0 as follows: AYES: Reed Pigg, Orlando, Bravo and Porter. NOES: None. ABSENT: None.
4. Oath of Office to City Treasurer Lori Lima was sworn in by the City Attorney Crystal Pizano
C. CONSENT CALENDAR:
1. It was moved by Councilmember Pigg and seconded by Councilmember Orlando to approve the City of Dos Palos regular meeting Minutes for November 19, 2024, the motion was passed on a 5-0 as follows: AYES: Reed, Pigg, Orlando, Bravo and Porter.
NOES: None. ABSENT: None.
2. It was moved by Councilmember Pigg and seconded by Councilmember Orlando to approve the Pre-Paids for November, 2024, the motion was passed on a 5-0 as follows: AYES:Reed, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None.
3. It was moved by Councilmember Orlando and seconded by Councilmember Pigg to approve the Warrants for December, 2024, the motion was passed on a 5-0 as follows: AYES: Reed, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None.
4. It was moved by Councilmember Orlando and seconded by Councilmember Pigg to approve the Treasurer Report for August, 2024, the motion was passed on a 5-0 as follows: AYES: Reed, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None.
D. BUSINESS:
1. It was moved by Councilmember Orlando and seconded by Councilmember Porter to waive the second reading 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. The motion passed 5-0, as follows: AYES: Reed, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None.
Following a staff report public comment was opened at 6:20pm. It was moved by Councilmember Bravo and seconded by Councilmember Pigg to adopt 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. The motion passed 5-0, as follows: AYES: Reed, Orlando, Pigg, Bravo and Porter.
NOES: None. ABSENT: None.
2. It was moved by Councilmember Orlando and seconded by Councilmember Pigg to waive the second reading of 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. The motion passed 5-0, as follows: AYES: Reed, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT: None. Following a staff report public comment was opened at 6:23pm. It was moved by Councilmember Porter and seconded by Councilmember Bravo to adopt Ordinance No. 444, 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. The motion passed 5-0, as follows: AYES: Reed, Orlando, Pigg, Bravo and Porter. NOES: None. ABSENT:
None.
3. Following a staff report public comment was opened.. It was moved by Councilmember Orlando and seconded by Councilmember Porter to adopt the updated development impact fee report. The motion passed 5-0, as follows: AYES: Reed, Orlando, Pigg, Bravo and Porter.
NOES: None. ABSENT: None. •
4. Following a staff report, staff was directed to proceed with amending the Dos Palos Municipal Code Section 17.60.070 to capture License Types that are not Recognized within the code.
E CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS:
Various reports were made
F. ADJOURN TO CLOSED SESSION:
Adjourned closed session at 7:07 p.m.
California Government Code Section 54957.6
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Dewayne Jones, City Manager Employee Organization: Dos Palos Police Officers Association G. RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION:
Reconvened at 7:41 p.m., nothing to report
H. ADJOURNMENT In memory of local departed: Billie Jordan 91, Jimmie Smith 78, Jeannie Lyons 61 Meeting adjourned at 7:45 p.m.
Respectfully Submitted By:
City Clerk
Tracy Mosby
Pre-Paid Listing - January 2025
24905 Gerardo Chavez 01/07/2025 $ 565.60
24906 Motorola Solutions, Inc. 01/10/2025 $ 6,537.47
24907 SWRCB 01/13/2025 $ 46,915.00
24993 SWRCB 01/21/2025 $ 90.00
24994 VSS International, Inc. 01/21/2025 $ 5,541.91
25002 McElvany, Inc. 01/22/2025 $ 233,511.09
25003 Premier Valley Bank 01/22/2025 $ 83,816.20
25004 W.M. Lyles Company 01/22/2025 $ 1,592,507.61
25005 SWRCB 01/29/2025 $ 90.00
25006 SWRCB 01/29/2025 $ 399.00
Report Total (10 checks): $ 1,969,973.88
AP Checks by Date - Summary by Check Date (2/13/2025 2:28 PM) Warrant Listing - Feb 2025
25016 AAA Business Supplies & Interiors 02/13/2025 $ 98.69 25017 Agile Occupational Medicine, PC 02/13/2025 $ 125.00 25018 Debanni Aguayo 02/13/2025 $ 285.00
25019 Amazon Capital Services 02/13/2025 $ 2,302.99
25020 Aqua-Metric 02/13/2025 $ 4,507.97
25021 Darrell Arena 02/13/2025 2,715.00
25022 AT&T 02/13/2025 $ 420.85
25023 Lozano Smith Attorneys at Law 02/13/2025 $ 4,213.10 25024 AutoZone, Inc. 02/13/2025 $ 275.45
25025 Bankcard Center 02/13/2025 $ 252.93
25026 BSN Sports 02/13/2025 1,297.01
25027 Bureau of Reclamation 02/13/2025 $ 2,391.12
25028 California Association of Mutual Water C 02/13/2025 $ 350.00 25029 Caltronics Business Systems 02/13/2025 $ 279.23
25030 Casey Moving Systems 02/13/2025 $ 98.28
25031 Central California Irrigation 02/13/2025 $ 5,700.00 25032 Central Valley Concrete 02/13/2025 $ 3,540.29
25033 Cintas 02/13/2025 $ 930.91
25034 Comcast 02/13/2025 $ 1,514.33
25035 Comcast 02/13/2025 $ 646.54
25036 CSG Consultants, Inc. 02/13/2025 $ 5,932.50
25037 Dos Palos Fire Dept. 02/13/2025 $ 225.00
25038 Elan Financial Services 02/13/2025 $ 2,837.48
25039 Electric Drives, Inc. 02/13/2025 $ 188.66
25040 Elite Uniforms 02/13/2025 $ 384.27
25041 Enviromental.com LLC 02/13/2025 $ 3,567.00
25042 Frasier Irrigation 02/13/2025 118.84
25043 Fresno Mobile Radio Inc. 02/13/2025 $ 350.00
25044 Frontier Communications 02/13/2025 $ 79.01
25045 Gall's, an Aramark Company 02/13/2025 $ 317.44
25046 Great America Financial Services 02/13/2025 $ 605.32 25047 HCL Machine Works, Inc 02/13/2025 $ 193.85
25048 Home Depot Credit Services 02/13/2025 $ 3,656.05
25049 Independent Investigations LLC 02/13/2025 $ 300.00 25050 Industrial Chem Labs & Services, INC. 02/13/2025 $ 212.97 25051 Ingraham Trophies 02/13/2025 $ 19.43
25052 Justin's Tire and Auto 02/13/2025 $ . 2,403.78
25053 Katen Pest Solutions 02/13/2025 $ 340.00
25054 Gabriel A Delgado Law Office of 02/13/2025 3,180.40 25055 League of California Cities 02/13/2025 $ 4,985.00 Warrant Listing - Feb 2025
25056 Thomas Leonard 02/13/2025 $ 900.00
25057 Marfab 02/13/2025 $ 120.83
25058 Richard McCord 02/13/2025 $ 30.90
25059 McElvany, Inc. 02/13/2025 $ 936,639.68
25060 Melin Enterprises, INC 02/13/2025 $ 771.00
25061 Merced County Animal Control 02/13/2025 $ 1,445.00 25062 Merced County Law Enforcement 02/13/2025 $ 125.00 25063 Merced County Registar of Voters 02/13/2025 $ .. 3,539.44 25064 Mid Valley Disposal 02/13/2025 $ 57,197.59
25065 Mid Valley IT 02/13/2025 $ 4,853.43
25066 Midway Community Water Distric 02/13/2025 7,853.91 25067 N & S Tractor Co. 02/13/2025 $ 4.77
25068 Northstar Chemical 02/13/2025 $ 3,720.26
25069 NTU Technologies, Inc. 02/13/2025 $ 11,477.00
25070 Orozco Yard Maintenance 02/13/2025 $ 780.00
25071 Pace Supply Corp 02/13/2025 $ 670.84
25072 Pacific Gas & Electric 02/13/2025 $ 27,091.03
25073 Pacific Gas & Electric 02/13/2025 $ 60.75
25074 Pegboard 02/13/2025 $ 1,669.07
25075 Precision Emprise LLC dba Precision Ci 02/13/2025 $ 28,979.50 25076 Price Paige & Company CPA's, LLP 02/13/2025 $ 1,268.00 25077 Quad Knopf 02/13/2025 $ 102,241.62
25078 Quantum FSD, Inc. 02/13/2025 $ 124.95
25079 Richard Martorello 02/13/2025 $ 2,000.00
25080 Rincon Consultants, Inc. 02/13/2025 $ 3,384.50
25081 Brittney Ruiz 02/13/2025 $ 712.50
25082 San Luis & Delta Mendota Water 02/13/2025 $ 12,930.96 25083 Simplot Grower Solutions Firebaugh 02/13/2025 $ 2,028.60 25084 Sirchie Acuqistion Company, LLC. 02/13/2025 $ 171.91 25085 Smile Business Products, Inc 02/13/2025 $ 133.60
25086 South Bay Public Safety Training 02/13/2025 $ 387.00 25087 South Dos Palos Water District 02/13/2025 $ 4,593.74 25088 Sparkletts 02/13/2025 $ 140.96
25089 Springbrook Holding Company, LLC 02/13/2025 $ 814.00 25090 SWRCB Accounting Office 02/13/2025 $ 9,457.00
25091 The Advance Group INC 02/13/2025 $ 1,560.60
25092 The Westside Express 02/13/2025 $ 50.00
25093 Toro Petroleum 02/13/2025 $ 6,455.00
25094 Trans-Rock Trucking 02/13/2025 $ 4,658.47
25095 USDA, Service Center Rural Dev 02/13/2025 $ 3,328.44 25096 Valley Animal Hosptial 02/13/2025 $ 592.00
Warrant Listing - Feb 2025
25097 Verizon Wireless 02/13/2025 $ 1,068.91
25098 Vestis 02/13/2025 $ 404.04
25099 Westamerica Bank 02/13/2025 $ 1,503.84
25100 Westamerica Bank 02/13/2025 741.92
25101 San Luis & Delta Mendota Water 02/13/2025 $ 6,773.36 Total for 2/13/2025: $ 1,317,297.61
Report Total (86 checks):
AP Checks by Date - Summary by Check Date (2/13/2025 1:40 PM)
CITY OF DOS PALOS
CASH FLOW REPORT
OCTOBER, 2024
BEGINNING BALANCE: -161,369.54
REVENUES RECEIVED:
GENERAL FUND 2,319,906.65
WATER DEPOSIT 1800.00
UTILITIES 342,159.10
TOTAL REVENUES RECEIVED: 2,663,865.75
EXPENDITURES:
PAYROLL 781.26
DIRECT DEPOSIT 136,345.40
WARRANTS 2,335,054.34
TOTAL EXPENDITURES: 2,472,181.00
BEGINNING BALANCE: -161,369.54
TOTAL REVENUES: 2,663,865.75
TOTAL EXPENDITURES: -2472181.00
CREDIT CARD CHARGE -1,734.04
ANALYSIS CHARGE: -325.43
BLUEFIN -9.95
STATE OF CA LAIF 200000.00
LEXIS PAYMENT 75.00
WIRE TRANSFER 2018861.11
WIRE TRANSFER -1696123.66
PERS MONTHLY . -30439.33
PITNEY BOWES POSTEDGE -1000.00
EPX FEE -696.38
CASH OVER 0.56
VOID SDP 82.87
PERS ADJUSTMENTS -329.60
TOTAL CASH FLOW BALANCE: $ 518,676.36
CITY TREASURER
CITY OF DOS PALOS
WESTAMERICA BANK RECONICILIATION
OCTOBER, 2024
STATEMENT ENDING BALANCE: • 831,572.87
COMPUTER WARRANTS OUTSTANDING:
20827 LAURA'S FUNKY CITZ & NAILS 85.60
20831 DAYMAN MARRINEZ 24.20
20909 SANTIAGO BANUELOS 5.60
21385 ADAM GARIBAY 3.00
21566 KEVIN VALDEZ 101.00
21680 BULMARO VASQUEZ 30.99
22297 LUCIA MERRELL 48.86
22393 JG HARDWARE STORE 12.13
22483 DOMAIN NAME SERVICES 289.00
22492 GIRLS CLOSET 128.50
22500 LOS BANOS VET 150.00
22859 PORAC MEMBERSHIP SERVICES 40.50
23067 BRUNO & NORA ESPITA 30.53
23480 MIRNA JARA 25.06
23503 JUANITA PENA 2.93
23504 PITNEY BOWES 98.36
24093 GREG BRINKLEY CONSTRUCTION 750.00
24109 OWEN EQUIPMENT SALES 1389.30
24233 OWEN EQUIPMENT SALES 278.88
24338 DOS PALOS FIRE DEPT 225.00
24361 CHRISTING & MIK 198.23
24447 RUBEN HERNANDEZ 26.04
24450 FRITTNEY RUIZ 10.00
24478 DOS PALOS FIRE DEPT 225.00
24530 EMPLOYEE CHECK 138.52
310802 EMPLOYEE CHECK 53.95
310824 EMPLOYEE CHECK 71.74
24571 EMPLOYEE CHECK 138.52
24580 KEENAN & ASSOCIATES 24301.83
24582 BENNETT LAW OFFICES 96.00
24584 ALL PHASE ELECTRIC 62.19
24590 BOOT BARN 160.12
24591 BSN SPORTS 929.79
24593 CA DEPT OF CONSERVATION 58.50
24597 CINTAS 1095.93
24598 COMCAST 750.62
ORDINANCE NO. 445
AN ORDINANCE OF THE CITY OF DOS PALOS AMENDING TITLE 17, CHAPTER 60, SECTION 070 OF THE CITY OF DOS PALOS MUNICIPAL CODE TO EXPAND
ALCOHOL BEVERAGE CONTROL LICENSES AVAILABLE WITHIN THE CITY OF
DOS PALOS
RECITALS
WHEREAS, Title 17 of the City of Dos Palos ("City") Municipal Code ("Municipal Code") governs zoning and other related standards within the City; and WHEREAS, Section 17.60.070 (entitled "Off-sale and on-sale of Alcohol," hereinafter referred to herein as "Section 070") governs the issuance of licenses within the City for the sale and off-site and on-site consumption of alcohol at business establishments within the City; and
WHEREAS, Section 070 currently allows for the distribution of business licenses authorizing the off-sale or on-sale of alcohol within the City based on certain license types issued by the California Department of Alcohol Beverage Control ("ABC"); and WHEREAS, the City Council desires to amend Section 070 to expand the ABC license types available within the City, and provide the framework for the application, distribution, and maintenance of business licenses that include the off-sale or on-sale of . alcohol at business establishments within the City.
NOW, THEREFORE, the City Council for the City of Dos Palos hereby ordains as follows:
SECTION 1. FINDINGS
The City Council has duly considered the full record before it, including but not limited to the staff report and presentation by City staff, any testimony by staff and the public, and other materials and evidence 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 070 of Chapter 60 of Title 17 of the Municipal Code in its entirety, so as to provide the framework for the application, distribution, and maintenance of business licenses that contain the off-sale or on-sale of alcohol at business establishments within the City.
SECTION 3. AMENDMENT TO MUNICIPAL CODE
Section 070 of Chapter 60 of Title 17 of the Municipal Code is hereby amended to read as follows:
17.60.070 Off-sale and on-sale of alcohol.
A. The conditions set forth in this chapter and section shall apply in all districts or żones.
B. No business license within the City that contains the off-sale or on-sale of alcohol shall be issued or maintained without a demonstration to the City's satisfaction that an appropriate license type from the State of California's Department of Alcohol Beverage Control ("ABC") for the off-sale or on-sale of alcohol has been issued and is current.
C. If upon application for a business license that contains the off-sale or on- sale of alcohol at a business establishment, and no such license is available based upon the provisions of this section, the applicant shall be placed on a waiting list for such a license, where the order of priority is based upon the date the application is deemed complete by the City. Upon the availability of a license, the applicant at the top of the 2 waiting list shall be contacted by the City to determine whether that applicant still desires to obtain a license. If this applicant no longer desires to obtain a license or is not able to be contacted by the City, then the next applicant in order on the waiting list shall be contacted.
D. In all calculations of allowable outlets per inhabitants in this chapter, the number of inhabitants shall be that number counted within the City limits in the last federal decennial census, not adjusted for mid-decade figures.
In all calculations of allowable outlets per inhabitants in this chapter, a major fraction thereof shall not allow or provoke an additional permit or license.
F. No business license shall be issued for the retail sale of off-sale or on-sale alcohol if the total number of licensed locations exceeds the number of locations permissible per inhabitants pursuant to the California Alcoholic Beverage Control Act, unless otherwise provided by ABC, including, without limitation, findings of public convenience and necessity.
G. Notwithstanding subsection C above, no City business license shall be issued for the on-sale or off-sale of alcohol unless a conditional use permit has been obtained through the City's Planning Commission, or if on appeal, through the City Council, and all necessary conditions and parameters for approval have been met, pursuant to the process outlined in further detail in Chapter 17.76 of this Title. The City may consider for approval, all ABC license types issued for the on-sale or off-sale of alcohol.
H. The change in ownership, title, or ABC license status shall be cause to require a new business license application for the off-sale or on-sale of alcohol. 3 I. For any business establishment holding a business license that contains the off-sale or on-sale of alcohol, the entitlement to maintain such a license is contingent upon the active status of that business establishment. Upon actual notice by the City that the holder of such a license no longer has an active business establishment connected to that license, the City Council, at a public hearing and with notice to the license holder, may revoke the license upon a finding that the license is no longer connected to an active business establishment.
SECTION 4. VALIDITY OF ORDINANCE
If any article, section, sub-section, sentence, clause, or phrase of this Ordinance is held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions this Ordinance.
SECTION 5. SUMMARY OF ORDINANCE
The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the County at least five (5) days prior to adoption and again fifteen (15) days after its adoption. If a summary of the Ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed Ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the Ordinance is adopted, and again after the meeting at which the Ordinance is adopted. The summary shall be approved by the City Attorney.
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. 4 * * ** * * * ** * *
The foregoing Ordinance was adopted this day of
2025, by the following vote.
Mayor Miller voted:
Mayor Pro-Tem 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.
4911-0049-2569 v.4
RESOLUTION NO. 2025-01
DOS
CALIFORNY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOS PALOS UPDATING DEVELOPMENT IMPACT FEES
RECITALS
WHEREAS, the City Council of the City of Dos Palos last updated its Development Impact Fees in 1990; and
WHEREAS, the City Council of the City of Dos Palos commissioned Quad Knopf to prepare a study on the proposed Development Impact Fee Update; and WHEREAS, the purpose of the Development Impact Fees, and the proposed updates, is to defray all or a portion of the cost of public facilities related to development projects in the City of Dos Palos, including public improvements, public services, and community amenities; and
WHEREAS, the City Council of the City of Dos Palos hereby finds that the study provides adequate evidence to support and demonstrate that the amount of the proposed impact fees bear a reasonable relationship to the cost needed to serve new development; and
WHEREAS, the City Council of the City of Dos Palos further finds that there is a reasonable relationship between the fees' use and the type of development projects on which the fees are imposed; and
WHEREAS, fees adopted as part of this Resolution are to be incorporated into the City's existing fee schedule and shall supersede fess previously adopted; and WHEREAS, as required, a notice of public hearing was published 10 days prior to the public hearing at which time the City Council of the City of Dos Palos considered all oral and written evidence regarding the proposed fees; and WHEREAS, the City Council of the City of Dos Palos has approved the Development Impact Fee Report and adopts the proposed fees as set forth in this Resolution; and
1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOS
PALOS HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
1. The City Council of the City of Dos Palos hereby finds that the above recitals are true and correct and incorporate and adopts them as findings of the City Council of the City of Dos Palos, and further finds that the proposed fees bear a reasonable relationship to the type of development projects on which the fees are imposed, and that the need for public facilities is reasonably related to the type of those development projects.
2. The City Council of the City of Dos Palos adopted the Development Impact Fee Report on December 17, 2024. The amounts of the fees set forth in Exhibit A, incorporated herein and attached to this Resolution. The fees set forth in Exhibit A, shall be incorporated into the City of Dos Palos existing schedule of fees and upon the effective date of this Resolution, shall supersede fees previously adopted and levied for similar facilities.
APPROVED, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DOS PALOS THIS 18" DAY OF FEBRUARY 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED ATTEST
Katy Reed, Mayor Tracy Mosby, City Clerk
2 Exhibit A
City of Dos Palos
Development Impact Fees
Park and Recreation Development Impact Fee:
Residential:
Single Family $5,855.00 (per Dwelling unit)
Multi-family $5,131.00 (per Dwelling unit)
Police Development Impact Fee:
Residential:
Single Family $3,527.00 (per Dwelling unit)
Multi-family $3,091.00 (per Dwelling unit)
Non-Residential:
Commercial $500.00 (per 1,000 sf)
Industrial $250.00 (per 1,000 sf)
Transportation Impact Fee:
Residential:
Single Family $9,100 (per Dwelling unit)
Multi-family $7,934 (per Dwelling unit)
Non-Residential:
Industrial $109 (per ADT per 1,000 sf)
Office Commercial $90 (per ADT per 1,000 sf)
Retail Commercial:
Under 10,000 sq. ft $22 (per ADT per 1,000 sf)
10,000 - 49,999 sq. ft $39 (per ADT per 1,000 sf)
50,000 - 99,999 sq. ft $55 (per ADT per 1,000 sf)
100,000 sq. ft & over Minimum $55 (per ADT per 1,000 sf) Based on Analysis
Fire Fee City-wide $3,000 (per EDU)
Water Connection Fee City-wide $10,700 (per EDU)
Sewer Treatment and Disposal Fee City-wide $5,400 (per EDU) Storm Drainage Fee City-wide $2,800 (per EDU)
Community Development
209-392-2174|2174 Blossom St. Dos Palos, CA 93620
https://dospalos.gov|[email protected]
To: Dos Palos City Council
From: Brian Guerrero, Director of Community Development Date: February 6, 2025
Subject: Local Roadway Safety Plan (LRSP) Adoption
MCAG partnered with all the local jurisdictions in Merced County to develop a Local Roadway Safety Plan (LRSP) to identify ad prioritize roadway safety improvements in Merced County. Using traffic, safety, injury, and collision data from all the jurisdictions, MCAG was able to develop a plan to provide jurisdictions with recommendations on safety improvements and priorities to improve local roadways.
The plan is broken down into two volumes with background information, vision and goals, methodologies and by jurisdiction. For Dos Palos, because the dataset is so small given the minimal number of traffic collisions and miles of roadways, the plan provided priority improvement locations along Elgin Avenue (Highway 33) as the area of focus for safety improvement. More specifically, the plan proposes a more long-term implementation of safety measures at the intersection of Elgin Avenue and Stearman Street. This intersection allows for a right-in from northbound Highway 33 and right-out from Stearman Street. The plan calls for a roundabout at this intersection and recommends collaboration between the City and CalTrans to engineer this safety measure.
This plan is for recommendation purposes only. The benefits of supporting and adopting this plan would give both the City and MAG the ability to apply for grants at the state and federal. level for funds to further study, engineer, and implement these safety measures per jurisdiction. Therefore, staff recommend the Council adopt the plan by resolution and provide this information to MCAG.
Should you have any questions, please feel free to contact me. Additionally, you can find the LRSP document on the City's website here:
https://dospalos.gov/departments/dpw/lrsp
Sincerely
Bial Guerrero
Director, Community Development
RESOLUTION 2025-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS
ADOPTING THE MULTIJURISDICTIONAL LOCAL ROAD SAFETY PLAN WHEREAS, road safety is a critical component of transportation planning, aimed at reducing fatalities and serious injuries caused by road traffic incidents; and WHEREAS, the Federal Government, through the Safe Streets and Roads for All Program (SS4A) and the Highway Safety Improvement Program (HSIP), provides funding to support efforts in reducing traffic accidents, fatalities, and injuries; and WHEREAS, a Local Road Safety Plan (LRSP) is prepared for the purpose of complying with the eligibility requirements related to the Safe Streets and Roads for All (SS4A) Program and the Highway Safety Improvement Program (HSIP); and
WHEREAS, the Merced County Association of Governments (MCAG), in collaboration with the six cities of Merced County, a diverse stakeholder working group, and input from the public, has developed a comprehensive Multijurisdictional Local Road Safety Plan (LRSP) that outlines targeted strategies to reduce traffic-related fatalities and serious injuries for all road users through a proactive, data-driven approach, while also ensuring that all cities are eligible for funding opportunities under the Safe Streets and Roads for All (SS4A) Program and the Highway Safety Improvement Program (HSIP) for critical safety enhancements; and WHEREAS, Dos Palos seeks to leverage available funding to implement a Local Road Safety Plan that will reduce transportation-related fatalities and serious injuries through proactive safety measures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Dos Palos that:
The City Council hereby adopts the Multijurisdictional Local Road Safety Plan.
Passed, approved, and adopted this 18"* of February, 2025.
Katy Miller, Mayor
Approved as to form: Attest:
City Attorney Tracy Mosby, City Clerk
CITY OF DOS PALOS
CONSULTANT SERVICE AGREEMENT
This Consultant Services Agreement ("Agreement") is entered into between the City of Dos Palos, a California general law city ("City") and J.B. Anderson Planning ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on 2025 ("Effective Date").
RECITALS
Anabella Homes of California, Inc., has submitted a Vesting Tentative Map Application with the City for the subdivision of 24.40 acres into single family residential lots, a 2.6-acre park site and 3.8 acres set aside for future multi-family residential development. This proposed project is hereinafter referred to as "Rainbrook Run Project."
B. City and Anabella Homes of California, Inc., have executed an agreement as it relates to the processing of the Rainbrook Run Project.
City desires to obtain professional planning assistance ("Services") to assist the City in processing the applications as it relates Rainbrook Run Project. The Services are more fully described in Exhibit A, and, as further set forth in the proposal from Consultant attached as Exhibit B, which are incorporated herein by reference.
D. Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.
City desires to retain Consultant, and Consultant desires to provide the City with the Services, on the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:
AGREEMENT
1. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibits A & B. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.
2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement and/or Exhibit A conflict with Exhibit B, this Agreement and Exhibit A shall control. No contractual terms and/or conditions found in Exhibit B shall purport to waive, disclaim, or limit Consultant's liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant.
3. Term of Agreement; Commencement of Services; Schedule. The term of this Agreement shall commence on February 19, 2025, and Consultant shall begin performing the Services on that date, unless otherwise instructed by City. This Agreement shall terminate on February 19, 2030, unless extended beyond that date by mutual consent of the Parties, for a period not exceeding five (5) years. This Agreement may be terminated prior to the end of the term pursuant to Section 17 herein.
Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement according to the rate(s) stated in Consultant's Proposal, which is set forth in Exhibit B, The total amount paid by City to Consultant shall not exceed Twenty-Seven Thousand, Two Hundred Forty-Four Dollars ($27,244.00).
The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after receipt of invoice.
Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City's business.
Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.
6. Consultant Representations: Standard of Care: Compliance with Law, Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which Services are being provided under this Agreement and Consultant and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards. Consultant shall comply with all Labor Code requirements for public works projects if applicable to Consultant's work under this Agreement.
7. Identity of Subcontractors and Sub-Consultants. Consultant shall, before commencing any work under this Agreement, provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City's permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.
Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.
2 Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behaif of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
Record Keeping: Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Consultant under this Agreement.
11. Ownership and Inspection of Documents. All data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit.
Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this City. Consultant shall not release any Work Product to third parties without prior written approval of City.
This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.
12. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be. disclosed only to City, unless otherwise provided by law or expressiy authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.
City Name and Logo. Consultant shall not use City's name or insignia, photographs relating to the City projects or work for which Consultant's services are rendered, or any publicity pertaining to the Consultant's Services under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.
14. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Consultant's or its employees' performance of the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.
Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.
3 16. City Right to Employ Other Consultants. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Consultant, this Agreement and performance of the Services are non-exclusive and City reserves the right to employ other consultants in connection with the Services while this Agreement is in eflect.
17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Consultant. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise.
Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach.
Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Consultant's failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon termination of this Agreement, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever.
18. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit C.
Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Consultant or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.
19.1 Limitations of Liability. To the maximum extent permitted by applicable law, Consultant shall not be liable to City for damages arising directly from the performance of this Agreement for an amount that exceeds the total value of this Agreement. Neither Consultant nor the City shall be liable for any incidental, special, indirect, consequential, or punitive damages.
20. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and 4 workers' compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business tax certificate from City and pay the applicable annual business registration tax to City during the term of this Agreement.
21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.
Forn and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e- mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.
Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.
24. Time of Essence. Time is of the essence with respect to this Agreement and the Services to be performed by Consultant.
25. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.
Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party's anticipated benefits. 5 Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Merced, California, Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.
Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
30. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.
Demand for mediation shall be in writing and delivered to the other party to this Agreement.
A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.
Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
34. Performance Requirements. Notwithstanding, and in addition to the provisions of, Section 17 of this Agreement, if the Services performed hereunder are not in conformity with the requirements of this Agreement and other pertinent documents, City shall have the right to require Consultant to correct the work in conformity with the requirements of this Agreement at no additional increase in the payment to Consultant. Consultant shall promptly correct the work rejected by City for failing to conform to the requirements of the Agreement. Remedy for non-compliance or non-perfornance shall commence within 24 hours of notice. City shall also have the right to require Consultant to take all necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement. In the event Consultant fails to correct the work or fails to take necessary steps to ensure future performance of the Services in 6 conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.
[Signature Page Follows]
Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.
CONSULTANT CITY OF DOS PALOS
By: By:
Dewayne Jones, City Manager
Dati: 1/28/25 Date:
Party Identification and Contact Inforation:
Consultant City of Dos Palos
J.B. Anderson Planning
Attn: Mark Niskanen
Vice President
139 Stockton Ave.
Ripon, CA 95366
[email protected]
(209) 599-8377 (209) 392-2174
ATTEST
Tracy Mosby, City Clerk
APPROVED AS TO FORM
Crystal M. Pizano, City Attorney
4912-1759-8-183 v,1.doc
EXHIBIT A
DESCRIPTION OF SERVICES
SCOPE OF SERVICES
J.B. Anderson Planning will provide planning consultant services of the Rainbrook Run Vesting Tentative Map. This will include a peer review of the included Initial Study/Mitigated Negative Declaration, project referrals to outside agencies for comment, application status letters, meetings with staff and/or the applicant,
EXHIBIT B
CONSULTANT PROPOSAL
CITY OF DOS PALOS
CONTRACT PLANNING STAFF TO PROCESS APPLICATIONS FILED BY ANABELLA HOMES OF CALIFORNIA, INC. FOR THE SUBDIVISION OF 24.40-ACRES INTO 102 SINGLE FAMILY RESIDENTIAL LOTS, A 2.6-ACRE PARK SITE, AND 3.8-ACRES SET ASIDE FOR FUTURE MULTI-FAMILY RESIDENTIAL DEVELOPMENT (APN NO. 013- 062-004), PROJECT COMMONLY KNOWN AS RAINBROOK RUN
December 19, 2024
PROJECT UNDERSTANDING
The City of Dos Palos has solicited professional planning assistance of J.B. Anderson Planning (JBAP) to manage processing of the entitlement application above for a Project known as Rainbrook Run (hereinafter referred to as the "Proposed Project"). The Proposed Project consists of a Vesting Tentative Subdivision Map (VTSM) Application to allow for the development of 102 single family homes, a park site, and future multi-family residential development.
The Proposed Project is approximately 24.40-acres in size and is bounded by the Colony Branch Number Three Canal to the north, Blossom Street to the south, existing single-family residential development to the east, and Reynolds Avenue to the west.
JBAP's role is to act as the staff planner managing the Proposed Project and JBAP shall coordinate all communication and processing effort with the Community Development Director.
DELLAS
SCOPE OF WORK
TASK 1 PROJECT KICK-OFF AND BACKGROUND RESEARCH
JBAP staff will meet with Project Proponent and City Staff to refine the details of the work scope and establish a definitive understanding of product delivery dates and formats. This meeting will also serve as discussions in developing the City's templates and contact list for development applications including the Proposed Project.
Deliverables: One (1) PDF and one (1) MSWord copy of the meeting notes from the Kick-Off Meeting.
Meetings: Attend one (1) Project kick-off meeting with Project Proponent and City staff with follow-up conference calls and emails.
TASK 2 APPLICATION ASSESSMENT, ONGOING REVIEW, AND PROCESSING JBAP will work with City Departments (Public Works, Planning, Fire Department, Dos Palos Police Department, and City Administration) to review the application and submittals including but not limited to application(s), Project plans, annexation boundary, elevations, Project description, etc. JBAP staff shall coordinate the review by all other City Departments who will be involved with the review of the above entitlements.
JBAP shall prepare Application Status Letters) and compile City Department comments on the above entitlements. JBAP staff shall review resubmitted plans and exhibits from the Project Applicant and coordinate follow-up review with key members of City staff.
Deliverables: One (1) MSWord and one (1) PDF copy of the Application Status Letter. Multiple Application Status Letters may be necessary for processing the above entitlements.
Meetings: Referral Meetings are noted in Task 3. Processing the application may require meetings with City staff and the Project Applicant.
All meetings outside of specific meetings as part of this Scope of Work (Development Review Committee Meeting as an example will be billed on a Time and Materials basis. Meeting notes will be prepared and emailed to City staff for the file.
TASK 3 PROJECT REFERRALS
JBAP shall prepare and distribute the Proposed Project referral(s). Following the distribution of the referral, JBAP shall compile and prepare a list of City Department and Outside Agency comments, including Planning into an
TASH A PARANO
Application Status Letter. JBAP Staff assumes that we will work with City staff in finalizing the distribution list and referral template as part of this process.
Deliverables: One (1) PDF and one (1) MSWord copy of the Proposed Project Referral.
Meetings: There are no meetings anticipated for this task.
TASK 4 CEQA
JBAP understands the Applicant has retained EMC Planning for preparation of the Proposed Project's IS/MND, of which a copy was submitted with the Application submittal. Task 4 will consist of a technical peer review of the Draft IS/MND and associated Technical Studies. JBAP staff will review the documents and provide comment to the Applicant and EMC Planning. It is anticipated a revised Draft will be submitted, and JBAP staff will review to ensure said comments have been incorporated. Once a public review draft is ready for distribution, JBAP staff will coordinate with City staff for the preparation of the required posting and distribution notices and documents (i.e. Notice of Intent, Notice of Completion, etc.).
Meetings: There are no meetings anticipated for this task. However, Conference Calls may be warranted to conduct discussions on the Proposed Project's IS/MND.
TASK 5 PREPARE STAFF REPORTS AND CONDUCT PUBLIC HEARINGS JBAP will prepare all Staff Reports, Resolutions, Ordinances, and supporting documents to be presented at the Planning Commission and City Council meeting(s), In addition, JBAP staff will prepare the required Public Notices for Planning Commission and City Council and will transmit to Staff in a timely manner to be 1) reviewed by City Staff and the City Attorney's Office; and 2) published in a newspaper of general circulation and mailed to property owners within 300-feet of the Proposed Project boundary as required by the Government Code.
• JBAP will organize and assist the City in preparing the Planning Commission and City Council packets and will organize the attachments in the format the City utilizes.
JBAP staff will transmit the Planning Commission and City Council Staff Reports, Resolutions, Ordinances, and supporting documents to the City in a timely manner. JBAP will work with the City Clerk on clarifying the items to be part of the Administrative Record.
.. ANDERSON
AS 3121A090ND
JBAP staff will present the Proposed Project at the Planning Commission, and City Council meetings.
Deliverables: One (1) MSWord copy of the Public Notice, Staff Report, Resolution(s), Ordinance(s) for Planning Commission.
One (1) PPT copy of the Planning Commission PowerPoint
Presentation.
One (1) MSWord copy of the Public Notice, Staff Report, Resolution(s), Ordinance(s) for City Council.
One (1) PPT copy of the City Council PowerPoint Presentation.
Meetings: One (1) Planning Commission Public Hearing.
One (1) City Council Public Hearing.
TRUE PLANSE
COST PROPOSAL
Rainbrook Run Subdivision Vice Senior Associate | Assistant Admin President President Planner Planner Planner Assistant
Hourly Rate - $248 $225 $185 $145 $125 $70
HOURS COST
Project Kick-Off and Background
TASK 1 0 6 6 2 $2,360.00
Research
Application Assessment, Ongoing
TASK2 4 4 16 16 $6,212.00
Review, and Processing
TASK 3 Project Referrals 8 8 16 8 $5,520.00
TASK 4 CEOA 0 8 0 2 2 $2,340.00
TASK 5 Public Hearings 4 16 0 8 16 8 $8,312.00
Sub-Total of Tasks 8 42 40 50 18 $24,744.00
Administrative Expenses $2,500.00
TOTAL ESTIMATE (NOTTO EXCEED) $27,244.00
FLASHTREN
1458 45 PEASHONE
ASSUMPTIONS
1. Information requested from the Applicant is delivered to JBAP in a timely manner.
2. Time and budget are estimated at the best of JBAP ability based on the information available to prepare this scope because of the complexity of the Proposed Project will undoubtably add to the budgeted time. The Cost Estimate provided herein is an estimate. Any charges or invoices above and beyond what is shown in this Proposal shall be first authorized by the City of Dos Palos.
3. The City will be responsible for the cost of newspaper publication of notices and certified mailings to individuals and/or agencies. These costs are not included in the proposed cost estimate.
4. The proposed billing rates apply to the current calendar year. For work performed after this year has concluded, budget augmentations and contract amendments will be calculated using updated billing rates.
5. Review cycles of the application materials and environmental documents will be ongoing with the various City Departments and agencies. JBAP assumes that multiple review cycles will be necessary to process the entitlement package.
6. The Applicant will be responsible for paying the applicable fees at the time the Project's Notice of Determination is filed with the County of Merced.
7. JBAP Staff is not responsible for any potential delays associated with inter-Department review.
EXHIBIT C
INSURANCE REQUIREMENTS
"Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant's erformance of Services under this Agreement, and for any additional period specified herein. All insuranc shall be placed with insurance companies that are licensed and admitted to conduct business in the State o California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City.
Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:
Professional Liability Insurance (Errors and Omissions) in an amount not less than $2,000,000.00 per occurrence or claim and $2,000,000 in the aggregate. Said insurance shall be maintained for an additional period of five years following the earlier of completion of Consultant's Services under this Agreement or termination of this Agreement. Is this highlighted because the amount is unknown? If so, I have no idea, this seems reasonable.
General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (iii) Worker's Compensation Insurance as required by the State of California. (iv) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(V) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.
If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to • contain, the following provisions:
The City, its officers, officials, employees, agents, and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behal of the Consultant; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materiais, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).
For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
(ili) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iv) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(V) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler Risk Services. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later. d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement. e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor's insurance shall have the same impact as described above.
Special Risks or Circumstances, The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement.
AGREEMENT CONCERNING THE
PAYMENT OF PROJECT PROCESSING COSTS
RAINBROOK RUN VESTING TENTATIVE SUBDIVISION MAP
APPLICATION
ANABELLA HOMES OF CALIFORNIA INC.
This Agreement is entered into and effective as of the last date signed below ("Effective Date") between the City of Dos Palos, a California municipal corporatior "City") and Anabella Homes of California, Inc. a California Corporation ("Developer") with respect to the following recitals, which are a substantive part of this Agreement:
RECITALS
A: Developer has applied for entitlements from the City of Dos Palos for the approval of a vesting tentative map application for the development of the subdivision of
24.40-acres into 103 single family residential lots, a 2.6-acre park site, and 3.8-acres set aside for future multi-family residential development ("Rainbrook Run" or "Project").
B. The Project is also proposed to include development entitlements for portions of the Project area. Specifically, Project entitlements are planned to consist of zoning, Master Plan(s), single family homes approved with Tract Map(s), associated variances and Planned Development Permits, and annexation. The approvals described in Recitals A and B are collectively referred to as "Project Entitlements." Other entitlements may be required as future development is proposed.
Project permits for the Project include grading, building, and related construction permits and are referred to as "Project Permits."
D. The City requires project applicants to pay for the costs of processing their entitlement and permit applications through the issuance of a certificate of occupancy ("Project Processing Costs"), including, but not limited to: paying for staff time to process applications and permits, review plan submittals, and perform inspections; legal fees incurred by the City; the costs for third party consultants; and the costs for required environmental review. Project Processing Costs include responding to legal challenges made during the applicable statute of limitations to Project Entitlements and Project Permits after they are approved.
The City requires that the costs for processing applications for entitlements and permits will be paid by developers in advance of incurring the costs. Application fees, permit fees and consultant deposits are designed to capture the costs on routine and standard development projects, such as ordinary tract maps. Other projects, such as large- scale commercial, industrial, and residential projects require an unusual amount of staff time, legal review, and consultant involvement (collectively "Non-Routine and Non- Standard Projects"). Application fees, permit fees and consultant deposits are insufficient 1 to capture the City's actual costs of processing the entitlements and/or permits in Non- Routine and Non-Standard Projects.
F. The Developer's Project is considered a Non-Routine or Non-Standard Project.
The City does not have funding to advance its costs for processing the Project environmental documents) and seek reimbursement thereafter. Therefore, the City desires by this Agreement to establish a mechanism whereby Developer advances funds for Project Processing Costs pertaining to the Project into a revolving account maintained by the City from which the City may draw upon.
• Estimated Project costs are as set forth in the proposal from J.B. Anderson Planning dated December 19, 2024, which is incorporated herein by reference.
Legal review, and any changes to consultant costs necessitated by the anticipated Project Entitlements, shall be added to the total costs. • Project Processing Costs for all other Project Entitlements and Permits shall be handled in accordance with City's standard processes. This includes, but is not limited to, required water and sewer studies.
G. Developer desires to enter into this Agreement to ensure that the City is able to process the Project, and to respond to legal challenges to the Project, in a timely manner without interruption due to the lack of funding.
NOW, THEREFORE, the parties agree as follows:
1. Advancement of Processing Costs: Revolving Fund. Within fifteen (15) days of the Effective Date, Developer shall deposit the sum of Thirty Thousand Dollars ($30,000.00) ("Deposit") with City as an advance against the Project Processing Costs.
The City may draw upon the Deposit as processing costs are incurred and the Deposit shall be subject to the following terms:
• City shall account for expenses in accordance with Section 2 of this Agreement. • Once the Deposit has dropped to below Five Thousand Dollars ($5,000.00) Developer shall replenish the funds deposited to Ten Thousand Dollars ($10,000.00)). City may agree to allow Developer to replenish less than the original Deposit amount upon a determination by the City Community Development Director that most of the work has been completed and the risk of litigation is low. Under those circumstances, the Community Development Director shall only require replenishment of the Deposit in an amount sufficient to cover the expected additional costs for close out of the Project plus a reasonable contingency.
• Any funds remaining in the Deposit after the later of the following events shall be returned to the Developer: (1) approval/certification of the Project environmental documents), except that Developer shall continue to pay for the customary costs of processing Project Entitlements and Permits outside of the 2 Deposit and this Agreement as reflected in Recital F; (2) the conclusion of any pending legal proceedings challenging the Project's environmental determination, including all appeals, or if no proceedings are pending, the applicable statute of limitations; or (3) the written withdrawal of Project applications.
• No interest shall be credited to the Deposit.
Accounting. At the conclusion of the Project, upon the City's request for Developer to replenish the Deposit in accordance with Section 1 above, and as otherwise needed or agreed to between City and Developer, City shall prepare and deliver to Developer an accounting ("Accounting) showing the balance in the Deposit and the amount expended from the Deposit.
3. Breach of Agreement. If Developer fails to comply with the terms of this Agreement, in addition to any other remedy City may have, City may cease processing the Project environmental review, as well as any pending Project Entitlements and Project Permits. Notwithstanding this remedy, the City may continue to process the Project environmental documents), and any pending Project Entitlements and Project Permits, and Developer shall be responsible for those costs. If the Developer fails to reimburse City within thirty (30) days after submittal of a written invoice for such costs, interest on any outstanding amount shall accrue at ten percent (10%) per year until paid.
City may also seek to collect those costs in any lawful manner. Full payment of any outstanding costs shall be a condition for the approval of any outstanding Project Entitlements and Project Permits, and for the issuance of a certificate of occupancy.
If City fails to comply with the terms of this Agreement, Developer's obligations under Section 1 of this Agreement shall be suspended during the time of City's default.
If City cures the default or remedies the breach, Developer's obligations under Section 1 of this Agreement shall resume.
City shall in no way be liable to Developer for any damages, or other causes of action, that may arise from City ceasing to process the Project environmental documents) or Project Entitlements and Project Permits due to Developer's breach of this Agreement, and Developer hereby releases City from any such liability.
Additionally, if Developer's breach causes City to be in breach of any consultant contract used for the Project Entitlements, Developer shall hold harmless, indemnify, and defend City, at its sole cost and expense, from any damages or other liability associated with that breach.
4. Time of Essence. Time is of the essence, therefore, City will cause JB Anderson Planning to take all necessary steps to ensure that there are no delays in reviewing the environmental documents prepared by EMC planning and that the final document will be provided to the State clearinghouse as soon as practicable.
5. Arms Length Dealings. Developer acknowledges and agrees that Developer dealings with City in connection with processing the Project Entitlements and Project 3 Permits is at arms length and nothing herein shall be deemed to have committed the discretion of City with respect thereto.
6. Entire Agreement and Understanding. This Agreement constitutes the entire agreement and understanding between the parties.
There are no oral understandings, terms, or conditions, and neither party has relied upon any representation, express or implied, not contained herein. All prior understandings, terms, or conditions are deemed merged into this Agreement.
Voluntary Agreement. Developer represents that it has read this Agreement in full and understands and voluntarily agrees to all such provisions, and that prior to signing this Agreement it has consulted with professionals of its own choosing, including legal counsel if desired.
CITY OF DOS PALOS DEVELOPER
By: Dewayne Jones, City Manager By: _
Dated: → 2025 Dated: → 2025
[attach evidence of authority to sign
and bind the entity]
4902-1867-0865 v.1.doc
TOWNSEND
PUBLIC AFFAIRS
EST TPA 1998
CIT OS
ALIFORNIA
ESTABLISHED 1891 • INCORPORATED 1935
SACRAMENTO • WASHINGTON D.C. Proposal for
NORTHERN CALIFORNIA • CENTRAL CALIFORNIA Grant Writing Services
SOUTHERN CALIFORNIA
January 24, 2025
TOWNSEND
PUBLIC AFFAIRS
EST TPA 1998
January 24, 2025
Dewayne Jones, City Manager
City of Dos Palos
2174 Blossom Street
Dos Palos, CA 93620
Dear Mr. Jones:
Thank you for the opportunity for Townsend Public Affairs, Inc. ("TPA") to submit our proposal for Grant Writing Services to the City of Dos Palos ("City").
Since its inception in 1998, TPA has earned the reputation as a Champion for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.
Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.
Utilizing this method on behalf of our clients, TPA has secured over $3.2 billion in competitive funding from state, federal, and local government agencies and provided strategic guidance in over 100 different funding programs.
Thank you again for your interest in our firm and your consideration of this proposal. Please contact us if you have any questions or need additional information. We would be honored to serve the City of Dos Palos.
Yours truly,
Chip 1
Christopher Townsend
President
Proposal for Grant Writing Services | City of Dos Palos Page 1
FIRM OVERVIEW
TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend
• Advocacy Success: Shepherded over 150 client-sponsored legislative proposals into law
• Funding Success: Over $3.2 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Longevity: 26 years (founded in 1998)
• Number of Employees: 22
• Number of Registered State and Federal Lobbyists and Grant Writers: 17 • Number of Offices: Five
TPA State Capitol Office, Sacramento
TPA Federal Office, Washington, DC
TPA Northern California Office, Oakland
TPA Central California Office, Fresno
TPA Southern California Office, Newport Beach
• Types of Clients:
K-12 School Districts
Fire Protection Districts
City Governments
County Governments
Water and Sanitation Districts
Transportation Districts
• Community College Districts
• Parks and Recreation Districts
Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
Education Policy and Infrastructure
Public Safety
Energy, Environment, and Natural Resources
Local Governance (Cities, Counties, Special Districts)
Transportation Policy and Infrastructure
Water and Sanitation Policy and Infrastructure
Housing and Economic Development
Parks and Community Facilities (Recreational, Cultural, Historical • Budget and Finance
• Ranking by Revenue Reported to the California Secretary of State:
• 8'h of 491 Firms Registered for the 2023-24 Legislative Session • 99th Percentile
• More California public agencies have hired TPA to represent them in Washington, DC than any other advocacy firm in the nation.
@ Proposal for Grant Writing Services | City of Dos Palos Page 2
FIRM OVERVIEW
GRANT WRITING EXPERIENCE
As the premier grant writing and advocacy firm for California school districts, cities, counties, and special districts, TPA has extensive experience in providing customized and effective grant writing services and has built a robust reputation by providing these services to more than 300 diverse communities throughout the state. With valuable state and federal agency relationships, an expansive understanding of countless funding programs in a wide range of policy areas, and the capacity to pursue any and all relevant opportunities, TPA has achieved over $3.2 billion in funding success on behalf of clients and has maintained a trusted client base by ensuring seamless and timely communication. The funding secured has been allocated toward projects that positively impact local communities, such as education initiatives, transportation infrastructure improvements, workforce development programs, regional public safety initiatives, and community beautification projects.
This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs.
These amounts represent grants secured through a competitive and/or legislative process.
Policy Area State Funding Federal Funding All Sources
Water and Sanitation $134 Million $21.6 Million $155 Million Transportation $734 Million $409.5 Million $1,143 Million Education $256 Million $49.9 Million $306 Million
Parks and Recreation $306 Million $38.9 Million $345 Million Cultural Resources $140 Million $14.2 Million $154 Million Housing and Development $797 Million $42.2 Million $840 Million Public Safety $157 Million $99.8 Million $257 Million
TOTAL $2.5 Billion $676 Million $3.2 Billion
A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT
FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST
EXAMPLES OF SUCCESSFUL STATE & FEDERAL EARMARKS
The following charts detail TA's success in securing federal earmarks over the past several years. For each award, TPA strategized with our clients to identify priority projects and transform them into appropriations requests. TPA then worked closely and diligently with federal legislators and their staff, relevant committee members, and other key stakeholders to ensure our client projects were included in the final official appropriations bills.
FEDERAL EARMARKS
Year Total Number of Projects Total Amount Awarded
2024 52 $57,599,445
2023 34 $60,390,094
2022 30 $59,060,357
TOTAL FEDERAL EARMARKS SECURED: $177,049,896
Proposal for Grant Writing Services | City of Dos Palos Page 3
GRANT WRITING SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide grant writing services to the City:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City and is designed for maximum success in the current political climate and funding environment.
• Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop a proactive and comprehensive strategic funding plan that serves the needs of the City's priorities. The plan will do more than simply identify City projects; it will outline and prioritize multiple funding options for each project and develop a specific plan of work tailored for each project. It will also identify key "strings attached" to help assess the cost/benefit ratio for each grant opportunity. • Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City's projects. TPA will then share these opportunities with the City for further assessment and determination if a grant application is warranted. The City will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise. • Community Outreach: TPA will assist the City with community outreach required for grant applications by ensuring the City is aware of specific requirements, helping develop materials that capture all elements required by the grant, and compiling the outreach data for inclusion in the application.
• Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each City grant application through the following process:
Establishment of Clear Accountabilities: TPA will coordinate with the City to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided, and the City is burdened as little as possible while TPA pursues a grant opportunity.
Provide Overview of Full Application Requirements: For each grant application, TPA will provide the City with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the City's project. This will include:
• Application timeline
• Eligible project types
Funding availability and award maximums and minimums
• List of application components, including proposal questions and any required attachments
Proposal for Grant Writing Services | City of Dos Palos Page 4
SCOPE OF SERVICES
• Assemble Project Background and Details: TPA will conduct a detailed informational interview with City staff most involved with each project to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions.
Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and cost- benefit analyses, TPA will coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the application. • Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process.
Incorporate Feedback to Finalize Proposal: Well ahead of the application deadline, TPA will provide the City with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain City approval for the final version of the application before submission.
Submit Completed Application: TPA will ensure that applications are submitted before the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and package applications according to submission instructions and will ship applications through a reliable courier service such as FedEx to provide the City with tracking and delivery confirmation for the application. TPA will also obtain a receipt for proof of submission and provide the City with a final copy of all submitted application documents.
Funding Advocacy: Throughout the grant application process TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that City grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and well- positioned for funding.
• Federal Earmark Opportunities: To maximize federal funding, TPA will work with the City to identify projects and other funding priorities that mav be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City's federal legislative delegation to gain support for the inclusion of the City's project. • Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on City's projects and convey their support for those projects.
• Proposal for Grant Writing Services | City of Dos Palos Page 5
SCOPE OF SERVICES
• Post-Award Grant Administration and Compliance: TPA will also assist, as needed, with post-award administration and compliance for all grant applications submitted by TPA on behalf of the City. This assistance will include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports and evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.
• Post-Award Services-Above and Beyond Advocacy: TPA has a track record of success with post-award grant administration and retention. TPA has worked on behalf of clients who, due to unforeseen circumstances, have needed to request an extension of the grant performance period to accomplish project deliverables. TPA is prepared to engage in the legislative process and work with legislators to get bills passed that would allow for the City to retain its grant funding after the performance period would have otherwise ended. Additionally, TPA is prepared to work directly with the City and agencies to secure scope of work changes to already awarded projects to ensure the City will not have to return any hard-won grant funding.
• Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. When grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success. • Provide Monthly Progress Reports: TPA will confer regularly with the City on our activities.
TPA will provide timely electronic monthly reports on the status of all funding activity, such as current funding opportunities, current applications, submitted applications, and post-grant submittal advocacy. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings.
Proposal for Grant Writing Services | City of Dos Palos Page 6
FEE SCHEDULE
ALL-INCLUSIVE RETAINER:
DESCRIPTION OF SERVICES MONTHLY FEE
Grant Writing Services $5,000*
• Conduct Detailed Orientation Included
• Craft Strategic Funding Plan Included
• Identify, Research, and Monitor Grant Funding Opportunities Included • Grant Application Development and Submittal Included
• Establishment of Clear Accountabilities Included
• Provide Overview of Full Applications Requirements Included • Assemble Project Background and Details Included
• Coordinate Technical Project Details Included
• Draft Written Proposal Included
• Incorporate Feedback to Finalize Proposal Included
• Submit Completed Application Included
• Funding Advocacy Included
• Federal Earmark Opportunities Included
• Post-Grant Submittal Advocacy Included
• Post-Award Grant Administration and Compliance Included • Post-Award Services-Above and Beyond Advocacy Included • Comprehensive Follow-Up on Unsuccessful Applications Included • Provide Monthly Progress Reports Included
*The monthly fee includes all reasonable business and travel expenses. • Proposal for Grant Writing Services | City of Dos Palos Page 7
AGREEMENT FOR EMPLOYMENT
INTERIM CHIEF OF POLICE
This Agreement is effective as of the day of , 2025, and entered into by and between the City of Dos Palos, (hereinafter "CITY"'), and John Smothers ("CHIEF"). The City of Dos Palos and the City Manager desire to contractually retain John Smothers to exercise powers and duties of the Chief of Police for the City of Dos Palos on an interim basis.
RECITALS
1. CHIEF is a retired California Public Employee Retirement System ("CalPERS") employee.
2. CITY is in need of personnel to perform the functions of an Interim Chief of Police on a temporary basis.
3. CHIEF represents that he has the qualifications, including any required POST certifications and required background checks, to perform the functions of Interim Chief of Police for CITY on a temporary or interim basis, or will otherwise obtain those certifications and background checks prior to or immediately after appointment.
4. CITY desires to fix and determine the scope, nature and extent of the services and compensation for those services.
NOW, THEREFORE, in consideration of the mutual covenants made herein, the parties agree as follows:
1. APPOINTMENT AND TERM: CHIEF shall be appointed as Police Chief on an interim basis. The Agreement shall be effective as of _ _ 2025 and will terminate by its terms on June 30, 2025, or when a permanent Chief of Police has been hired, or when CHIEF has reached 960 hours of work under this Agreement, whichever comes earliest in time. The terms • of this agreement may be extended or reduced by mutual written agreement with a thirty-day notice, however, CHIEF may not exceed 960 hours of work under this Agreement. The term of employment shall conform to the CalPERS rules for retirees.
2. SERVICES: Under the control and direction of the City Manager, CHIEF shall perform all duties and functions required by the regular position of Chief of Police and such other and further duties as required by the City Manager or state law. Such duties include, but are not limited to, those contained in the current job description for the CITY and as may be amended.
In performance of the CHIEF duties, it is agreed that management services will be guided by and comply with the CITY's Personnel Rules and Regulations and ordinances insofar as practical and where those provisions do not conflict with the terms and Agreement or state law. 1 3. COMPLIANCE WITH CALPERS: Retired annuitants appointed to an interim position without reinstatement are limited to a combined total of nine hundred and sixty (960) hours for all employers each fiscal year, including concurrent appointments pursuant to Government Code sections 21221, 21224, and 21229. The CHIEF expressly certifies and warrants to the CITY that his anticipated work schedule of forty (40) hours per week will not cause him to exceed the 960 hours per fiscal year limit pursuant to Government Code section 21224 (h), including work for this or any other CalPERS employer during the current fiscal year. CHIEF further agrees that he will bear all responsibility for any violations related to CALPERS including, but not limited to, those related to the interim chief of police position and/or time limitations and agrees to indemnify the CITY for any consequences related to those violations.
4. EMPLOYMENT SCHEDULE: The CHIEF will normally work a 40-hour work week. It is expected due to the nature of the job that from time to time the 40-hour work week will be exceeded. The CHIEF, upon appointment, may have flexible work hours dependent upon the needs of the department and the CITY. Work days and schedule shall be as agreed upon by the City Manager and CHIEF.
5. COMPENSATION: In consideration for the performance of the services rendered pursuant to the Agreement, the CITY shall pay the CHIEF an hourly salary of $55. Pay schedules shall be in accordance with normal CITY payroll practices. The CITY agrees to pay its share of the CHIEF's Social Security taxes including Medicare. No other benefit, incentive, compensation in lieu of benefits, or other forms of compensation in addition to the hourly pay rate are being provided. If after the expiration or termination of this Agreement the CITY requires the continued Interim Chief of Police by CHIEF (court, hearings, etc.), the CITY shall compensate CHIEF at the same salary level on an hourly basis.
6. VEHICLES AND EQUIPMENT: The CHIEF shall be furnished as needed a vehicle while on duty working for the CITY. CHIEF will be able to drive that vehicle to and from his house.
The CITY shall provide any necessary and all safety equipment as may be needed to carry out the job as CHIEF.
7. BENEFITS: The CHIEF shall not be entitled to any benefits, payments or compensation other than those enumerated above.
8. TERMINATION: The CITY shall have the right to terminate services with the CHIEF, and this agreement at any time upon 14-day written notice. The CHIEF shall have the right to voluntarily resign the position with the CITY at any time upon written notice given fourteen (14) days in advance.
2 9. 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: City of Dos Palos
Attn: City Manager
2147 Blossom Street
Dos Palos, CA 93620
CHIEF John Smothers
[ADDRESS]
[ADDRESS]
10. CONFLICT OF INTEREST: CHIEF represents and warrants to CITY that he presently has no interest, and represents that we will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this Agreement.
11. PROPRIETARY INFORMATION: "Proprietary Information" is all information and any idea pertaining in any manner to the business of the CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of the CITY in the course of his/her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts and customer lists. All Proprietary Information not generally known outside of CITY's organization, or not subject to disclosure pursuant to the California Public Records Act or Ralph M. Brown Act, and all Proprietary Information so known only through improper means,. shall be deemed "Confidential Information." During his employment by CITY, CHIEF shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this Agreement.
Following termination, CHIEF shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. CHIEF's obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
3 12. INDEMNIFICATION AND DEFENSE: CITY agrees to extend to CHIEF, in any action or proceeding on account of any act or omission of CHIEF within the course and scope of services for CITY provided pursuant to this Agreement, those rights of indemnification, including the right that CITY pay any judgment or make any compromise or settlement of an action, and the right to provide for a defense for actions or proceedings as are granted to employees of a public entity under the provisions of Division 3.6 (commencing with section 810), Title 1, of the Government Code of the State of California.
13. AMENDMENTS: This Agreement may not be amended except in a written document signed by CHIEF, approved by the City Council and signed by CITY's Mayor.
14. ASSIGNMENT: CHIEF shall not assign any rights or obligations under this Agreement.
15. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Merced County, State of California.
16. SEVERABILITY: If any of the provisions of this Agreement are held invalid or unenforceable, the remainder shall remain in full force and effect.
17. ENTIRE AGREEMENT; INDEPENDENT REVIEW: This Agreement constitutes the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions and no party has relied upon representations, express or implied, not contained in this Agreement. All prior understandings, terms or conditions are deemed to be merged into this Agreement. Each party represents that it has reviewed this Agreement and obtained independent review by professionals as each party deemed appropriate prior to entering into this Agreement.
IN WITNESS WHEREOF, the CITY approves this Agreement to be signed and executed on its behalf by the City Manager, and has been signed by the parties, the day and year below written.
CITY INTERIM CHIEF OF POLICE
Dewayne Jones, City Manager John Smothers
Date: Date:
APPROVED AS TO FORM:
City Attorney
Tracy Mosby, City Clerk
Katy Reed, Mayor
4912-7055-1066
5 City of
Dos Palos
Proposition 218
Refuse Rate Study
Dos Palos
Draft
November 2024
Prepared For:
DOS
CALIFOR
City of Dos Palos
2174 Blossom Street
Dos Palos, CA 93620
Contact Person: Dewayne Jones
Phone: (209) 392-2174
Prepared By:
Q
2816 Park Avenue
Merced, CA 95348
Contact: Garth Pecchenino, PE
Phone: (209) 723-2066
Copyright by Quad Knopf, Inc.
Unauthorized use prohibited.
Project #240092
Table of Contents
1. Introduction *
1.1 Location and Background
1.2 Orders of Operations..
1.3 Scope and Objective of Study
2. Revenue and Expense Analysis.....
2.1 Revenue and Expenses
2.2 Current Revenue Rates and Contractor Rates
2.3 Five Year Future Projection with No Rate Increase.. 5
3. Recommendations...
3.1 Proposed Increase of Revenue. .7
3.2 Option 1
3.3 Option 2.
3.4 Option 3 11
3.5 Option 4 13
3.6 Recommendation... ...13
4. Street Sweeping Analysis and Recommendation ..15
4.1 Background. ..15
4.2 Analysis.. ..15
4.3 Recommendation ...16
List of Tables
Table 1 Audited Financial Statements 2020-2023 ..
Table 2 Current City Revenue Collected from Residential Customers . 4 Table 3 Current Contractor Rates Paid By City...
Table 4 Future Contractor Rates
Table 5 Future Mid Valley Disposal Expense...
Table 6 Monthly Rate Summary with No Rate Increase:
Table 7 Annual Rate Summary with No Rate Increase
Table 8 Five Year Future Projection with No Rate Increase Table 9 Option 1 Monthly Rate Increase Summary
Table 10 Option 1 Annual Rate Increase Summary. ..8
Table 11 Option 1 Five Year Net Income/(Loss) Summary ..8 Table 12 Option 2 Monthly Rate Increase Summary.... ...9 Table 13 Option 2 Annual Rate Increase Summary... ...9
Table 14 Option 2 Five Year Net Income/(Loss) Summary.. ..10 Table 15 Option 3 Monthly Rate Increase Summary ..11
Table 16 Option 3 Annual Rate Increase Summary... .11
Table 17 Option 3 Five Year Net Income/(Loss) Summary.. ...12 Table 18 Option 4 Monthly Rate Increase Summary. ...13
Table 19 Option 4 Annual Rate Increase Summary.. ...13
Table 20 Option 4 Five Year Net Income/(Loss) Summary... ...14 Table 21 Estimated Annual Expenses... .. 15
Table 22 Street Sweeping Rate Options - Same Rate Option ...15 Table 23 Street Sweeping Rate Options - Commercial Pays Twice as Much Option ..16 Table 24 Monthly Street Sweeping Rates with 5% Increase - Same Rate Option.. :16 Table 25 Monthly Street Sweeping Rates with 5% Increase - Commercial Pays Twice as Much Option..... 16 Section 1
1. Introduction
1.1 Location and Background
Dos Palos is an incorporated city located in the southwest area of Merced County in California's San Joaquin Valley. The city is 17 miles southeast of Los Banos and 40 miles west of Madera. The population was 5,798 at the 2020 U.S. Census. The population is estimated at 5,633 in 2024 with a total of 1,804 housing units, according to the California Department of Finance.
The City of Dos Palos (City) provides a full range of local government services, including residential refuse collection. The City contracts with Mid Valley Disposal for the collection of trash, recycling, and green waste (organics) for its residences in the city. Commercial businesses in the city contract directly with Mid Valley Disposal for their refuse collection. Most residential customers have signed up for trash, green waste (organics), and recycling collection. Customers can choose to opt out of one or more types of collection, although the vast majority have all three, and can request a second trash or green waste can. Mid Valley Disposal has set monthly rates for each type of collection that they charge the City, and in turn, the City has set monthly rates for the residential customers that they charge. The City maintains a separate funding account for refuse collection service.
1.2 Orders of Operations
The City is aware that in the last three years (Fiscal Years ending June 2021, 2022, and 2023), the total Refuse Fund has had higher expenses than revenues. This deficit has been covered by the City's General Fund and Reserve Account. The City's goal is for the Refuse Fund to operate with a positive net income each year. The City has, therefore, requested this Refuse Rate Study. The consulting firm, QK, prepared the information and analysis for this Study. The Study is intended to inform the City Council and the public of options for raising rates so that the Refuse Fund can operate independently and not need to be subsidized by the General Fund, as well as generate cash reserves for any unexpected fund requirements.
1.3 Scope and Objective of Study
The Study analyzes the City's revenues, expenses, contractor invoices, and audited financial statements from the previous four years in the Refuse Fund. The main objective of the Study is to propose options for rate increases that will alleviate accumulated net losses over the past three years in the Refuse Fund. Three optional solutions are proposed for rate increases over a five-year period. If the City Council chooses to increase rates, this Study is intended to be utilized in the Proposition 218 noticing and public hearing process that is required to increase rates.
Documents reviewed to support the analysis and recommendations in this Study included:
• City of Dos Palos Water Treatment Plant Replacement Invoice • City of Dos Palos Audited Financial Statements, Fiscal Years 2019/2020 through 2022/2023 • City of Dos Palos General Ledger Summary Trial Balance 2024 • Mid Valley Disposal 2020 to 2023 billing rate fees for Residential Refuse (Trash), Residential Green Waste, Residential Recycling Services, Extra Trash, and Extra Green Waste.
City of Dos Palos - Proposition 218 Refuse Rate Study November 2024 Section 2
2. Revenue and Expense Analysis
2.1 Revenue and Expenses
A review of Fiscal Years ending June 2020 to 2023 statement of revenues, expenses and changes in net position of the Refuse Fund shows that the revenue received includes funds from refuse services, interest, and other fees. During the Fiscal Year ending June 2020, the City collected $740,480 in total revenue; in the Fiscal Year ending June 2021, $745,869 was collected; in the Fiscal Year ending June 2022, the City collected $712,041; and in the Fiscal Year ending June 2023, $644,451 total revenue was collected. These revenues are shown in Table 1. Operating expenses in these Fiscal Years were $663,962, $803,396, $889,986, and $786,933, respectively. The City Refuse Fund has operated at an operating loss for the last three years evaluated; for the Fiscal Year ending June 2021, the operating loss was ($57,527); for the Fiscal Year ending June 2022, the operating loss was ($177,945); and for the Fiscal Year ending June 2023, the operating loss was ($142,482). This operating model is not sustainable going forward.
Table 1 Audited Financial Statements 2020-2023
Audited Audited Audited Audited
06/30/2020 06/30/2021 06/30/2022 06/30/2023
REVENUE
Refuse Services $739,439 $745,570 $711,824 $641,531
Interest / Other $1,041 $299 $217 $2,920
TOTAL REVENUE $740,480 $745,869 $712,041 $644,451
EXPENSES
Personnel Services & Benefits ($8,781) $88,073 $127,703 $80,701 Repairs and Maintenance $26,146 $24,530 $30,166 $38,099 Insurance $961 $1,083 $1,313 $1,761
Contractual Services $590,137 $649,748 $690,895 $628,990 Bad Debt $16,778 $0 $0 $0
Depreciation $30,540 $30,539 $30,539 $30,539
Other Maintenance $8,181 $9,423 $9,370 $6,843
TOTAL OPERATING EXPENSES $663,962 $803,396 $889,986 $786,933 NET INCOME / LOSS $76,518 ($57,527) ($177,945) ($142,482) November 2024 City of Dos Palos - Proposition 218 Refuse Rate Study 2
2.2 Current Revenue Rates and Contractor Rates
The current number of refuse carts for trash is 1,639 users. Green waste has 1,624 users, recycling has 1,658 users, extra trash (a second cart for trash) has 31 users, and extra green (a second cart for green waste has 8 users. For the purposes of this Study, the current number of customers will be used and remain constant for determining projected revenue. See Table 2 for these amounts with their related current monthly charge rates, projected monthly revenue, and projected annual revenue.
The current total monthly rate charge is $31.00, the monthly revenue is $50,791.00, and the annual revenue is $609,492.00. Currently, the City has no scheduled rate increases for any of the five service types.
The current contractor rates paid by the City of Dos Palos to Mid Valley Disposal are shown in Table
3. The rates charged by Mid Valley Disposal for each service type are shown. Based on the same number of customers, the total monthly expense paid is $53,641, and the total annual expense paid is $643,702.68. This annual expense is approximately $28,000 more than the annual revenue the City is collecting from residential customers. In addition, Mid Valley Disposal has informed the City that it intends to increase its rates each year over the next 10 years. These rate increases for the next five years are shown in Table 4. The rate increases will raise each of the service types by 4.84% in the first year, and then by 3.50% in each of the next four years. 2106
CA 174010
City of Dos Palos - Proposition 218 Refuse Rate Study November 2024 Table 2 Current City Revenue Collected from Residential Customers Service Type Customers Monthly Rate Monthly Annual
Revenue Revenue
Trash 1,639 $23.00 $37,697.00 $452,364.00
Green 1,624 $5.00 $8,120.00 $97,440.00
Recycled 1,658 $3.00 $4,974.00 $59,688.00
TOTALS $31.00 $50,791.00 $609,492.00
Table 3 Current Contractor Rates Paid By City
Service Type Customers Monthly Rate Monthly Annual
Expense Expense
Trash 1,639 $24.29 $39,811.31 $477,735.72
Green 1,624 $5.28 $8,574.72 $102,896.64
Recycled 1,658 $3.17 $5,255.86 $63,070.32
TOTALS $53,641.89 $643,702.68
Table 4 Future Contractor Rates
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Percentage Increases of Monthly Rates 4.84% 3.50% 3.50% 3.50% 3.50% Trash $24.29 $25.47 $26.36 $27.28 $28.23 $29.22
Green $5.28 $5.54 $5.73 $5.93 $6.14 $6.35
Recycled $3.17 $3.32 $3.44 $3.56 $3.68 $3.81
November 2024 City of Dos Palos - Proposition 218 Refuse Rate Study
2.3 Five Year Future Projection with No Rate Increase
Tables 5, 6, and 7 shown below indicate a future scenario if the City's monthly rates to customers remain the same with no increases for the next five years. The total maximum monthly rate would remain at $31.00 for each year. See Table 6. The total maximum annual rate, if each of the services were utilized, would total $372.00 for each year, as shown in Table 7. Using the same number of current users, Table 8 projects the total revenue and expense for the Refuse Fund over the next five years. Expenses recognize the Mid Valley Disposal rate increases and assume a 3% per year increase for personnel services, insurance, and repairs/maintenance. The total revenue of $609,492 each year combined with operating expenses that would start at $837,500 in Year 1 and increase to $953,297 in Year 5 would result in net losses in Year 1 of ($228,008) to ($343,805) in Year 5. Without a rate increase, these yearly net losses would be required to be made up by the General Fund or by City reserves. Over a combined five-year period, this loss is projected to be ($1,424,659).
Table 5 Future Mid Valley Disposal Expense
Service Increase Year 1 Year 2 Year 3 Year 4 Year 5
Total Annual Expenses $679,456.17 $703,237.14 $727,850.44 $753,325.20 $779,691.59 5 City of Dos Palos - Proposition 218 Refuse Rate Study November 2024 Table 6 Monthly Rate Summary with No Rate Increase
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Percentage of Revenue Increase 0% 0% 0% 0% 0%
Trash $23.00 $23.00 $23.00 $23.00 $23.00 $23.00
Green $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
Recycled $3.00 $3.00 $3.00 $3.00 $3.00 $3.00
TOTALS $31.00 $31.00 $31.00 $31.00 $31.00 $31.00
Table 7 Annual Rate Summary with No Rate Increase
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Percentage of Revenue Increase 0% 0% 0% 0% 0%
Trash $276.00 $276.00 $276.00 $276.00 $276.00 $276.00
Green $60.00 $60.00 $60.00 $60.00 $60.00 $60.00
Recycled $36.00 $36.00 $36.00 $36.00 $36.00 $36.00
TOTALS $372.00 $372.00 $372.00 $372.00 $372.00 $372.00
Table 8 Five Year Future Projection with No Rate Increase Financial Analysis Year 1 Year 2 Year 3 Year 4 Year 5
Percentage of Revenue Increase 0% 0% 0% 0% 0%
TOTAL REVENUE $609,492 $609,492 $609,492 $609,492 $609,492 TOTAL OPERATING EXPENSES $837,500 $865,004 $893,449 $922,869 $953,297 NET INCOME / LOSS ($228,008) ($255,512) ($283,957) ($313,377) ($343,805) Percentage of Net Income / Loss -37.4% -41.9% -46.6% -51.4% -56.4% November 2024 City of Dos Palos - Proposition 218 Refuse Rate Study 6 Section 3
3. Recommendations
3.1 Proposed Increase of Revenue
To close the gap between revenue and operating expenses, a rate increase is recommended. Since there is a disparity between the trash rate and the green waste and recycling rates, this Study proposes to only increase the green waste and recycling rates. Therefore, the recommendation is that residential green waste and residential recycling will increase by a certain percentage each year over the next five years. The intent of the five-year planned increase would be to reach positive operating income in the Refuse Fund and to start to build a reserve for unexpected refuse expenses.
The three options presented raise the green waste and recycling rates by differing percentages each year, resulting in three possible outcomes. The annual rate increases are cumulative, meaning that the rate increase each year is a percentage increase over the previous year, not the base year. These three outcomes are described and shown graphically in bar charts. None of the three options bring the Refuse Fund to positive operating income immediately. It is assumed that gradual increases in rates will be easier on the public, instead of a single major rate increase.
3.2 Option 1
Option 1 increases the rates for green waste and recycling by 25% in Year 1, through Year 3. By Year 4 and 5 the percentage will increase to 30%. This is shown in Table 9. Table 9 also shows that the total effective rate for a customer with all five services will feel an effective rate increase of 6.45% in the first year. The total effective increase will continue to increase each year with Year 2 to 7.58%, Year 3 to 8.80%, Year 4 to 12.14% and Year 5 to 14.07%. Table 10 shows the annualized rate increases.
Table 11 shows that, with this option, the Refuse Fund will remain with a negative net income over the first four years. However, by Year 5, the City will start to have positive operational income. Year 1 is projected to have a net loss of ($188,726), Year 2 would have a net loss of ($167,127), Year 3 would have a net loss of ($134,195), and Year 4 with a net loss of ($71,547). Year 5 would have a positive net income of $17,712. The total combined five-year period would be projected to see an overall net loss of ($543,883).
Table 9 Option 1 Monthly Rate Increase Summary
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Percentage of Revenue Increase 25% 25% 25% 30% 30%
Trash $23.00 $23.00 $23.00 $23.00 $23.00 $23.00
Green $5.00 $6.25 $7.81 $9.77 $12.70 $16.50
Recycled $3.00 $3.75 $4.69 $5.86 $7.62 $9.90
TOTALS $31.00 $33.00 $35.50 $38.63 $43.31 $49.41
Total Effective Increase 6.45% 7.58% 8.80% 12.14% 14.07% 7 City of Dos Palos - Proposition 218 Refuse Rate Study November 2024 Table 10 Option 1 Annual Rate Increase Summary
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Percentage of Revenue Increase 25% 25% 25% 30% 30%
Trash $276.00 $276.00 $276.00 $276.00 $276.00 $276.00
Green $60.00 $75.00 $93.75 $117.19 $152.34 $198.05
Recycled $36.00 $45.00 $56.25 $70.31 $91.41 $118.83
TOTALS $372.00 $396.00 $426.00 $463.50 $519.75 $592.88
Table 11 Option 1 Five Year Net Income/(Loss) Summary
Financial Analysis Year 1 Year 2 Year 3 Year 4 Year 5
Percentage of Revenue Increase 25% 25% 25% 30% 30%
TOTAL REVENUE $648,774 $697,877 $759,255 $851,322 $971,009 TOTAL OPERATING EXPENSES $837,500 $865,004 $893,449 $922,869 $953,297 NET INCOME / LOSS ($188,726) (S167,127) ($134,195) ($71,547) $17,712 Percentage of Net Income / Loss -29.1% -23.9% -17.7% -8.4% 1.8% Graph Comparing Proposed Option 1 to No Rate Change
Option 1 Net Income
Option 1 Net Loss
YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
No Rate Change
$17,712
$50,000
$0
($50,000)
($100,000)
5150,000)
($200,000)
($250,000)
($300,000)
($350,000)
($188,726) ($167,127) ($134,195) ($71,547)
($217,002) ($244,506) ($272,952) ($302,372) ($332,799)
November 2024 City of Dos Palos - Proposition 218 Refuse Rate Study 8
3.3 Option 2
Option 2 increases the rates for green waste and recycling by 33% for each of the five years. This is shown in Table 12. Table 12 also shows that the total effective rate for a customer with all five services will feel an effective rate increase of 8.52% in the first year. The total effective increase will continue to increase each year with Year 2 to 10.44%, Year 3 to 12.57%, Year 4 to 14.85% and Year 5 to 17.20%. Table 13 shows the annualized rate increases. Table 14 shows that, with this option, the Refuse Fund will remain with a negative net income over the first three years. However, in Years 4 and 5, the City will have positive operational net income. Year 1 is projected to have a net loss of ($176,156), Year 2 would have a net loss of ($134,696), and Year 3 would have a net loss of ($71,420). Year 4 would have a positive net income of $21,149, and Year 5 would have a positive net income of $152,968. The total combined five-year period would be projected to see an overall net loss of ($208,155).
Table 12 Option 2 Monthly Rate Increase Summary
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Increase 33% 33% 33% 33% 33%
Trash $23.00 $23.00 $23.00 $23.00 $23.00 $23.00
Green $5.00 $6.65 $8.84 $11.76 $15.65 $20.81
Recycled $3.00 $3.99 $5.31 $7.06 $9.39 $12.48
TOTALS $31.00 $33.64 $37.15 $41.82 $48.03 $56.29
Total Effective Increase 8.52% 10.44% 12.57% 14.85% 17.20% Table 13 Option 2 Annual Rate Increase Summary
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Increase 33% 33% 33% 33% 33%
Trash $276.00 $276.00 $276.00 $276.00 $276.00 $276.00
Green $60.00 $79.80 $106.13 $141.16 $187.74 $249.69
Recycled $36.00 $47.88 $63.68 $84.69 $112.64 $149.82
TOTALS $372.00 $403.68 $445.81 $501.85 $576.38 $675.51
9 City of Dos Palos - Proposition 218 Refuse Rate Study November 2024 Table 14 Option 2 Five Year Net Income/(Loss) Summary
Financial Analysis Year 1 Year 2 Year 3 Year 4 Year 5
Percentage of Revenue Increase 33% 33% 33% 33% 33%
TOTAL REVENUE $661,344 $730,308 $822,029 $944,019 $1,106,265 TOTAL OPERATING EXPENSES $837,500 $865,004 $893,449 $922,869 $953,297 NET INCOME / LOSS ($176,156) (S134,696) ($71,420) $21,149 $152,968 Percentage of Net Income / Loss -26.6% -18.4% -8.7% 2.2% 13.8% Graph Comparing Proposed Option 2 to No Rate Change
Option 2 Net Income
Option 2 Net Loss
YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
No Rate Change
$21,149 $152,968
$200,000
$150,000
$100,000
$50,000
$O
($50,000)
($100,000)
($150,000)
($200,000)
($250,000)
($300,000)
($350,000)
($176,156) ($134,696) ($71,420)
($217,002) ($244,506) ($272,952) ($302,372) ($332,799)
November 2024 City of Dos Palos - Proposition 218 Refuse Rate Study 10
3.4 Option 3
Option 3 increases the rates for green waste and recycling by 60% for the first two years, by 20% in Year 3, and by 15% each for Years 4 and 5. This is shown in Table 15. Table 15 also shows that the total effective rate for a customer with all five services will feel an effective rate increase of 15.48% in the first year. The total effective increase will continue to increase each year with Year 2 to 21.45%, Year 3 to 9.42%, Year 4 to 7.75% and Year 5 to 8.27%. Table 16 shows the annualized rate increases.
Table 16 shows that, with this option, the Refuse Fund will remain with a negative net income only in Year 1 and in Year 2. Years 3 through 5, the City will have positive operational income. Year 1 is projected to have a net loss of ($133,731) and Years 2 with ($10,392). Years 3 through 5 would have positive net income of $41,612, $84,597, and $137,434, respectively. The total combined five-year period would be projected to see an overall net operating income of $130,881.
Table 15 Option 3 Monthly Rate Increase Summary
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Increase 60% 60% 20% 15% 15%
Trash $23.00 $23.00 $23.00 $23.00 $23.00 $23.00
Green $5.00 $8.00 $12.80 $15.36 $17.66 $20.31
Recycled $3.00 $4.80 $7.68 $9.22 $10.60 $12.19
TOTALS $31.00 $35.80 $43.48 $47.58 $51.26 $55.50
Total Effective Increase 15.48% 21.45% 9.42% 7.75% 8.27% Table 16 Option 3 Annual Rate Increase Summary
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Increase 60% 60% 20% 15% 15%
Trash $276.00 $276.00 $276.00 $276.00 $276.00 $276.00
Green $60.00 $96.00 $153.60 $184.32 $211.97 $243.76
Recycled $36.00 $57.60 $92.16 $110.59 $127.18 $146.26
TOTALS $372.00 $429.60 $521.76 $570.91 $615.15 $666.02
11 City of Dos Palos - Proposition 218 Refuse Rate Study November 2024 Table 17 Option 3 Five Year Net Income/(Loss) Summary
Financial Analysis Year 1 Year 2 Year 3 Year 4 Year 5
Percentage of Revenue Increase 60% 60% 20% 15% 15%
TOTAL REVENUE $703,769 $854,612 $935,061 $1,007,466 $1,090,731 TOTAL OPERATING EXPENSES $837,500 $865,004 $893,449 $922,869 $953,297 NET INCOME / LOSS ($133,731) ($10,392) $41,612 $84,597 $137,434 Percentage Net Income / Loss -19.0% -1.2% 4.5% 8.4% 12.6% Graph Comparing Proposed Option 3 to Current Net Income (Loss) Option 3 Net Income
Option 3 Net Loss
No Rate Change YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
$41,612 $84,597 $137,434
$200,000
$150,000
$100,000
$50,000
$0
($50,000)
($100,000)
($150,000)
($200,000)
($250,000)
($300,000)
($350,000)
($122,370) ($10,392)
($217,002) ($244,506) ($272,952) ($302,372) ($332,799)
November 2024 City of Dos Palos - Proposition 218 Refuse Rate Study 12
3.5 Option 4
Option 4 shown in Tables 18 and 19 is similar to Option 3, except that the individual increases in Green and Recycled cans are swapped. The total increases are the same as Option 3. Year 1 is projected to have a net loss of ($132,426) and Years 2 with ($8,303). Years 3 through 5 would have positive net income of $44,119, $87,479, and $140,749 respectively. The total combined five-year period would be projected to see an overall net operating income of $131,618. This is shown in Table 20.
3.6 Recommendation
As described above, the four options presented will result in differing increases in rates and resulting in varying net income/loss outcomes. The higher rate increases in Years 1 and 2 will allow more costs for the public however, the results of less money obtained from the General Fund in order to subsidize the Refuse Fund. Conversely, allowing less of the operating deficit for the public fee in the form of rate increases during the early years will burden the General Fund. In developing the new financial options and recommendations for fee increase, the City Council should choose the option they believe provides the most appropriate balance between raising fees and balancing future budgets.
The option chosen would set rates to increase in each of the upcoming five years, therefore it is recommended that this be done in one action, rather than bringing it back for a vote each year, to provide certainty to the public.
Table 18 Option 4 Monthly Rate Increase Summary
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Increase 60% 60% 20% 15% 15%
Trash $23.00 $23.00 $23.00 $23.00 $23.00 $23.00
Green $5.00 $4.80 $7.68 $9.22 $10.60 $12.19
Recycled $3.00 $8.00 $12.80 $15.36 $17.66 $20.31
TOTALS $31.00 $35.80 $43.48 $47.58 $51.26 $55.50
Total Effective Increase 15.48% 21.45% 9.42% 7.75% 8.27% Table 19 Option 4 Annual Rate Increase Summary
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Increase 60% 60% 20% 15% 15%
Trash $276.00 $276.00 $276.00 $276.00 $276.00 $276.00
Green $60.00 $57.60 $92.16 $110.59 $127.18 $146.26
Recycled $36.00 $96.00 $153.60 $184.32 $211.97 $243.76
TOTALS $372.00 $429.60 $521.76 $570.91 $615.15 $666.02
13 City of Dos Palos - Proposition 218 Refuse Rate Study November 2024 Table 20 Option 4 Five Year Net Income/(Loss) Summary
Financial Analysis Year 1 Year 2 Year 3 Year 4 Year 5
Percentage of Revenue Increase 60% 60% 20% 15% 15%
TOTAL REVENUE $705,074 $856,701 $937,568 $1,010,349 $1,094,046 TOTAL OPERATING EXPENSES $837,500 $865,004 $893,449 $922,869 $953,297 NET INCOME / LOSS ($132,426) ($8,303) $44,119 $87,479 $140,749 Percentage Net Income / Loss -19.0% -1.2% 4.5% 8.4% 12.6% Graph Comparing Proposed Option 3 to Current Net Income (Loss) Option 3 Net Income
Option 3 Net Loss
No Rate Change YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
$44,119 $87,479 $140,749
$200,000
$150,000
$100,000
$50,000
$0
($50,000)
($100,000)
($150,000)
($200,000)
($250,000)
($300,000)
($350,000)
($132,426) ($8,303)
($217,002) ($244,506) ($272,952) ($302,372) ($332,799)
November 2024 City of Dos Palos - Proposition 218 Refuse Rate Study 14 Section 4
4. Street Sweeping Analysis and
Recommendation
4.1 Background
In the past the City has provided street sweeping services utilizing City-owned equipment operated by City staff. Expenses were paid out of the General Fund. The service was recently stopped. The sweeping equipment is aging and will likely soon need to be replaced. It is estimated that one- time expenses of around $800,000 would be needed to restart the service, in addition to on-going annual expenses. The City was told by an outside vendor that they could provide the service for approximately $150,000 per year. This would level out costs to the City and mean that the City would not have to maintain equipment. The following analysis estimates the rate for a potential street sweeping fee that could be charged to residential and non-residential customers.
4.2 Analysis
The following analysis was made with these assumptions. Contracting out the street sweeping service would cost $150,000 per year, and there would be additional City staff expenses of up to 10% of that cost to manage the contract.
Table 21 Estimated Annual Expenses
Contract for Street Sweeping $150,000.00
City Expenses (10&) $15,000.00
TOTAL ESTIMATED EXPENSES $165,000.00
Rate payers would be the payers of residential trash pick-up, which is currently 1,639 residences, and commercial water users, of which there are currently 110 users. Two scenarios were analyzed.
In the first option, both residential and commercial rate payers pay the same. In the second option, the commercial rate payers would pay twice the amount as the residential rate payers, based on the assumption that there is twice and much street frontage per payer in the commercial areas.
Table 22 Street Sweeping Rate Options - Same Rate Option Service Type Customers Monthly Rate Monthly Revenue Annual Revenue Residential Customers 1,639 $8.00 $13,112.00 $157,344.00 Commercial Customers 110 $8.00 $880.00 $10,560.00
TOTALS 1,749 $13,992.00 $167,904.00
15 City of Dos Palos - Proposition 218 Refuse Rate Study November 2024 Table 23 Street Sweeping Rate Options -
Commercial Pays Twice as Much Option
Service Type Customers Monthly Rate Monthly Revenue Annual Revenue Residential Customers 1,639 $7.50 $12,292.50 $147,510.00 Commercial Customers 110 $15.00 $1,650.00 $19,800.00
TOTALS 1,749 $13,942.50 $167,310.00
In the first option, the rate would be $8.00 per month for everyone and would generate $167,094.
In the second option, the rate would be $7.50 per month for residences and $15.00 per month for commercial users. This would generate roughly the same amount, $167,310 per month.
If the rates are adopted with an automatic yearly 5% increase per year, then the two options would have rates as shown below.
Table 24 Monthly Street Sweeping Rates with 5% Increase - Same Rate Option
Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Increase 5% 5% 5% 5%
Residential Customers $0.00 $8.00 $8.40 $8.82 $9.26 $9.72 Commercial Customers $0.00 $8.00 $8.40 $8.82 $9.26 $9.72 Table 25 Monthly Street Sweeping Rates with 5% Increase - Commercial Pay 2x as much Option with 5% Increase per Year Service Type Current Year 1 Year 2 Year 3 Year 4 Year 5 Increase 5% 5% 5% 5%
Residential Customers $0.00 $7.50 $7.88 $8.27 $8.68 $9.12 Commercial Customers $0.00 $15.00 $15.75 $16.54 $17.36 $18.23
4.3 Recommendation
Based on these numbers, the Council has the following options:
1. Do not propose to adopt a street sweeping fee.
2. Propose to adopt a street sweeping fee that is the same for commercial and residential users at $8.00 per month for the first year, with a 5% increase in each succeeding year.
3. Propose to adopt a street sweeping fee of $7.50 per month for residential users and $15.00 per month for commercial users for the first year, with a 5% increase in each succeeding year.
4. Propose either of Options 2 or 3 above, but without the 5% increase.
November 2024 City of Dos Palos - Proposition 218 Refuse Rate Study 16
QKVI
MEMO
Date: February 12, 2025 Project No.: 250013 /
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 Operations Building: The Operations Building is the main focus at the site with the assembly of the steel frame for the building
The Chemical Feed/Storage building is also moving along with placement of frame work and tanks.
The installation of the service gate to the Colony Canal for emergency water supply as requested by the State in the funding agreement.
Above ground pipe assembly is going on for the piping related to the water treatment.
Phase 2 Construction - Siphon pipe replacement at Aqueduct; The submittal to the State DWR department that oversees the Aqueduct has provided a response to the review of the construction Documents, they have asked for additional information on the plans for the installation sequence and notes in regard to the protection of their existing facilities during the operation to remove and install the siphon pipe and screen in the channel. WE received this response on Feb. 12th and are working on the response to send back to them by the end of this week.
The continuation of submittal review and approval.
Valeria Street Project - We are in the process of updating the construction documents and will look for authorization from the Council to go out to bid at the March Meeting.
East Blossom Street - Currently working on the Construction Documents and review with Soils engineer on the structural section for the replacement street pavement section.
Development Impact Fees - Report has been out for public review and we have not received any omments on the report or fees. The Council can move to accept the report as final and then we ca nove to adopt the fee structure in the repor
Other items:
Have completed the filing for the Drought & Water Conservation data upload to the State Water Board Portal SAFER for last month.
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