Dos Palos City Council
September 15, 2026

DOS PALOS CITY COUNCIL

REGULAR MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue Do.

Palos, California, USA
6:00 pm, Tuesday, September 15, 2026
A. CALL TO ORDER: by Mayor Katy Reed

1. Flag Salute: by Councilmember Armando Bravo

2. Invocation:

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 is not oni this agenda. Please state your name and address for the record. Please be concise and avoid repetition.

The mayor may limit you to one presentation not to exceed two minutes in length. State law now requires at least twice as much time be allotted to a member of the public who utilizes a non-English translator, Action, if necessary is limited to staff referral, or with special conditions, placement on a future agenda.

B. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS: None C. CONSENT CALLENDAR: 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 August 20, 2026, Special Meeting Approval of the Minutes of the August 25, 2026, Special Meeting Approval of the Minutes of the August 26, 2026, Special Meeting

2. Approval of the Pre-Paids for August, 2026.

3. Approval of the Warrants for September, 2026
D. BUSINESS:

1. Ordinance # 453 of the City Council of the City of Waive Second Reading Dos Palos approving a Zoning text Amendment to Discussion The Dos Palos Zoning Code and approving of a Prezone Public Hearing Assessor's Parcel number 014-010-014 and 014-010-015 to the Motion to Approve Mixed Use (MU) District in anticipation of Annexation.

2. Discuss and approve an amendment to our Solid Waste Report Agreement with Mid Valley Disposal to include Franchise Fees Discussion Public Comment
Action

3. Discuss and approve the Miscellaneous Employees MOU for Report Contract year 2026/2027. Discussion
Public Comment
Action

4. Discuss and approve Resolution 2026-08, a Resolution Report Of the City of Dos Palos, California, authorizing the Assistant Discussion City Manager to file the Regional Surface Transportation Public Comment Program (RSTP) Exchange Funds claim for Fiscal Year 2025/2026 Action

5. Discuss and authorize Finance Director to transfer Measure V Report Funds left in LAIF to the Measure V account, in the amount of Discussion $1,560.07. Public Comment
Action

6. Discuss and authorize Finance Director to transfer funds from Report Measure S Account to the Operating Account to pay Merced Discussion County Fire Department, in the amount of $75,039.54. Public Comment Action

7. Discuss and authorize Finance Director to close the account Report at Westamerica bank and clear the overdrawn amount $544.77 Discussion Public Comment
Action

8. Discuss and approve Resolution 2026-09, appointing of a Report New-elect to fill the current council member vacancy, with Discussion An effective seating date set for a later meeting. Public Comment Action

9. Appointment of City Manager and consideration of City Manager Report Contract, meeting to be adjourned to a date set by the Council Discussion to provide the parties and public time to consider Public Comment Action

10. Update on Water JPA Agreement an District Meters Discussion E. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS:

F. ADJOURNMENT TO DATE SET BY THE COUNCIL:

In memory of local departed: Julie Sturla 61
Tony Mejia 73
Roy Ballinger 76

AYUNTAMIENTO DE DOS PALOS

AGENDA DE REUNIONES REGULARES
Edificio de la Ciudad-Condado, 1554 Golden Gate
Avenue Dos Palos, California, EE. UU.
6:00PM, Martes 15 de Septiembre de 2026
A. LLAMADA AL ORDEN: POR LA ALCALDESA Katy Reed

1. Saludo a la bandera: por el concejal Armando Bravo

2. Invocación:

3. Pase de Lista: Por la secretaria municipal Tracy Mosby

4. Adiciones o eliminaciones de urgencia: Requiere urgencia y cuatro votos afirmativos

5. Comentarios públicos: En este momento, cualquier persona presente puede comentar sobre cualquier asunto relacionado con la ciudad, que no esté en esta agenda. Por favor, indique su nombre y dirección para el acta. Por La e es real tore te se signe el menos el oble de tempes en miembre de pedico que mine os. traductor no inglés. La acción, si es necesario, se limita a la referencia del personal o, con condiciones especiales, su inclusión en una agenda futura.

B. CONDECORACIONES, PRESENTACIONES Y PROCLAMACIONES: Ninguna C. CONSENTIMIENTO CALLENDAR: Acción
Los ítems considerados de carácter rutinario se incluven en el Calendario de Consentimiento. No se discute estos puntos antes de la votación del Consejo, a menos que un miembro del Consejo o el público solicite que se discutan y/o eliminen puntos específicos del Calendario de Consentimiento. Cada elemento del Calendario de Consentimiento aprobado por el Consejo se considerará considerado en su totalidad y adoptado según la recomendación.

1. Aprobación de las Actas de la Reunión Extraordinaria del 20 de agosto de 2026 Aprobación de las Actas de la Reunión Extraordinaria del 25 de agosto de 2026 Aprobación del acta de la Reunión Extraordinaria del 26 de agosto de 2026

2. Aprobación de los prepagos para agosto de 2026.

3. Aprobación de las órdenes de categoría para septiembre de 2026 D. NEGOCIOS:

1. Ordenanza # 453 del Ayuntamiento de la Ciudad de Renuniciar a la segunda lectura Dos Palos aprobando una enmienda al texto de Discusion
zonificación a el Código de Zonificación de Dos Palos Audienca Publica y la aprobación de una Prezona Número de parcela del Mocion Para Aprobar tasador 014-010-014 y 014-010-015 para el Distrito de Uso Mixto (MU) en previsión de la anexión.

2. Descutir y aprovar un amendimiento a residuos sólidos Reporte Acuerdo con Mid Valley Disposal para incluir las cuotas de Discusion franquicia Comentario Publico
Accion

3. Discutir y aprobar el Memorando de Entendimiento de Empleados Reporte Diversos para año de contrato 2026/2027. Discusion
Accion

4. Discutir y aprobar la Resolución 2026-08, una Resolución Reporte De la ciudad de Dos Palos, California, autorizando al Asistente Discusion El Gerente de la Ciudad presentará la solicitud de Transporte Comentario Publico Regional de Superficie Reclamación de Fondos de Intercambio Accion del Programa(RSTP) para el año fiscal 2025/2026

5. Discutir y autorizar al Director Financiero a transferir la Medida V Reporte Fondos que queden en LAIF a la cuenta de la Medida V, en la Discusion cantidad de $1,560.07. Comentario Publico
Accion

6. Discutir y autorizar al Director de Finanzas a transferir fondos desde Reporte Medida S cuenta a la cuenta operativa para pagar a Merced Discusion Departamento de Bomberos del Condado, por un importe Comentario Publico de $75,039.54. Accion

7. Discutir y autorizar al Director Financiero a cerrar la cuenta Reporte en Westamerica Bank y saldar el número en giro $544.77. Dicusion Comentario Publico
Accion

8. Discutir y aprobar la Resolución 2026-09, que nombra un Reporte Individuo para cubrir el puesto vacante en el Ayuntamiento Discusion creado por el dimisión de un concejal. Comentario Publico Accion

9. Nombramiento del Gerente Municipal y consideración del Reporte Gerente Municipal Contrato, reunión que se aplazará a una Discusion fecha fijada por el Ayuntamiento para proporcionar a las partes Comentario Publico y al público tiempo para considerar Accion

10. Actualización sobre el acuerdo JPA de agua y una discusión Discusion sobre contadores distritales
E. CORRESPONDENCIA, EVENTOS, INFORMES DEL CONSEJO Y DEL PERSONAL:

F. APLAZAMIENTO HASTA LA FECHA FIJADA POR EL CONSEJO:

En memoria de la fallecida local: Julie Sturla 61
Tony Mejía 73
Roy Ballinger 76

DOS PALOS CITY COUNCIL REGULAR MEETING MINUTES
Thursday, August 20th 2026
Open Session 6:00 p.m.

A. CALL TO ORDER: Mayor Reed called a Regular Meeting of the Dos Palos City Council To order at 6:00 p.m.

1. Roll Call: City Clerk Tracy Mosby called the roll finding Councilmembers

Present: Mayor Reed, Councilmember Pigg, Councilmember Bravo, Councilmember Bautista. ABSENT: Councilmember Porter.

B. ADJORN TO CLOSED SESSION:

C. RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED :

1. The Flag Salute by Councilmember Armando Bravo

2. The Invocation by Thomas Pigg

3. Urgency Additions or Deletions None

4. Public Comment None
D. COMMENDATIONS, PRESENTATTIONS, and PROCLAMATIONS.

None
E. CONSENT CALENDAR:

None
F. BUSINESS:

After discussion a motion was made by Councilmember Bravo and seconded by Councilmember Pigg to consider the Action Pursuant to Elections Code section 10229 to Appoint the only two candidates Laura Andrews and Brian Guerrero to the two open City Council seats in lieu of an election. The motion passed 4-1 as follows AYES: Mayor Reed Councilmember Pigg, Bravo and Bautista. NOES: None ABSENT: Coucilmember Porter.

G. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORT:

None
H ADJOURMENT in memory of departed None
a motion was made by Councilmember Bravo and seconded
by Councilmember Bautista to ajourn the meeting at 6:09 Respectfully Submitted By: City Clerk
Dos Palos City Council Council
Notice of Special Meeting
6:00 pm, Tuesday August 25, 2026
A: Call To Order: Mayor Katy Reed called a Special Meeting of the Dos Palos City Council To order at 6:02 p.m. in the City County Building at 1554 Golden Gate Avenue in Dos Palos.

B. Flag Salute. Councilmember Armando Bravo
Invocation. Councilmember Thomas Pigg
Roll Call. City Clerk Tracy Mosby ABSENT: Councilmember Porter E Public Forum: At this time, anyone present may comment upon any city- related business item, which is not on this agenda. Please state your name and address for the record. Please be concise and avoid repetition. The mayor may limit you to one presentation not to exceed three minutes in length. State law now requires at least twice as much time be allotted to a member of the public who utilizes a non-English translator. Response is not required. Action, if necessary is limited to staff referral, or with special conditions, placement on a future agenda.

F. Adjourn to Closed Session 6:03

1. Public Employment - Pursuant to Government Code § 54957(b) Title: City Manager-Recruitment
G. ADJOURMENT in memory of local departed: None
Dos Palos City Council
Notice of Special Meeting
5:30 pm, Wednesday August 26, 2026
6:00 pm Closed Session
A: Call To Order: Mayor Katy Reed called a Special Meeting of the Dos Palos City Council To order at 5:33 p.m. in the City County Building at 1554 Golden Gate Avenue in Dos Palos.

1. Roll Call. City Clerk Tracy Mosby

Absent: Councilmember Porter, Pigg
Flag Salute. Councilmember Armando Bravo

3. Invocation. No Invocation
Public Forum: At this time, anyone present may comment upon any city- related business item, which is not on this agenda. Please state your name and address for the record. Please be concise and avoid repetition. The mayor may limit you to one presentation not to exceed three minutes in length. State law now requires at least twice as much time be allotted to a member of the public who utilizes a non-English translator. Response is not required. Action, if necessary is limited to staff referral, or with special conditions, placement on a future agenda.

B. Consent Calendar
None
C. BUSINESS:

1. After discussion a motion was made by Councilmember Bautista and seconded by Councilmember Bravo to liquidate Chandler account in the amount of $275,000 and pay the CSJVRMA invoice in the amount of $24,911.00. Motion passed on a 2-1 as follows AYES: Councilmember Bravo, and Bautista NOES: Mayor Reed ABSENT:

Councilmember Pigg and Councilmember Porter.

2. After discussion a motion was made Councilmember Bravo to pay the warrants in the amount of $232,000 as long as no money from restricted funds are used motion Councilmember Bautista seconded the motion passed on a 3-0 as follows AYES: Mayor Reed, Councilmember Bravo and Councilmember Bautista NOES: none ABSENT:

Councilmember Pigg and Councelmember Porter.

D. Adjourned to close session 6:30 pm
Respectfully Submitted by City clerk
Tracy Mosby
PRE-PAID WARRANTS - AUGUST 2026
CHECK# VENDOR DATE AMOUNT REIMBURSED BY:
26424 Premier Valley Bank 08/06/2026 14,658.92 Water Grant 26425 Quad Knopf 08/06/2026 48,698.82 Water Grant
26426 W.M. Lyles Company 08/06/2026 278,519.47 Water Grant 26736 Syserco Energy Solutions, Inc. 08/26/2026 138,386.74 Solar Project Account 26738 CSJVRMA - C/O Bickmore Risk Se 08/31/2026 275,035.00 26739 Pacific Gas & Electric 08/31/2026 1,193.63
$756,492.58
Staff Report:

WARRANT LISTING SEPTEMBER 2026
Due to the Council meeting schedule and current staffing limitations, certain vendor invoices remain outstanding. The completed warrant list will be provided at Tuesday's meeting. We apologize for any inconvenience.

ORDINANCE NO. 453

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOS PALOS

APPROVING A ZONING TEXT AMENDMENT TO THE DOS PALOS ZONING CODE AND APPROVING OF A PREZONE ASSESSOR'S PARCEL NUMBERS 014-010-014 AND 014-010-015 TO THE MIXED USE (MU) DISTRICT IN ANTICIPATION OF

ANNEXATION

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, the City of Dos Palos has adopted its 6th Cycle (2023-2031) Housing Element and submitted the same to the California Department of Housing and Community Development (HCD) for review and certification pursuant to Government Code § 65585,; and
WHEREAS, HCD transmitted a written comment letter identifying deficiencies in the City's Zoning Code that must be corrected as a condition of Housing Element certification, specifically identifying the need to: (1) cross-reference the City's by-right approval provisions within the residential district's site plan review section; (2) establish a minimum density standard for residential uses in the MU district; and (3) codify a residential floor area performance standard of no less than 50 percent of total gross floor area for mixed use developments; and
WHEREAS, the City has prepared zoning text amendments to the Dos Palos Zoning Code to address HCD's comments and bring the Zoning Code into compliance with Government Code §§ 65583.2(c), 65583.2(h), and 65583.2(i); and WHEREAS, Government Code § 65859 authorizes a city to prezone unincorporated territory in anticipation of a proposed annexation by adopting a zoning ordinance specifying the zone or zones that will apply to the territory when annexed; and
WHEREAS, Assessor's Parcel Numbers 014-010-014 (5.00 acres, capacity for 100 units) and 014-010-015 (3.00 acres, capacity for 61 units) are unincorporated parcels located adjacent to the City's boundary, currently zoned Medium-Density Residential/General Commercial Services (MDR/CGS) and designated Low-Density Residential (LD) and Rural Residential (RR), respectively, under the Merced County General Plan; and
WHEREAS, both subject parcels are identified in the City's adopted 6th Cycle Housing Element Site Inventory as providing capacity for lower-income, moderate-income, and above moderate-income housing toward the City's Regional Housing Needs Allocation (RHNA), and prezoning both parcels to the MU district is consistent with the Site Inventory; and
WHEREAS, the proposed Zoning Text Amendment and prezone are consistent with and implement the programs and commitments of the City's adopted 6th Cycle Housing Element; and
WHEREAS, the Planning Commission determined that the Zoning Text Amendment and prezone are exempt from CEQA pursuant to Public Resources Code § 21080.085; and
WHEREAS, a duly noticed public hearing was conducted by the Planning Commission on July 15, 2026, to consider facts as presented in the staff report, and to accept public testimony regarding the Zoning Text Amendment to the Dos Palos Zoning Code and prezone request.

NOW, THEREFORE, the City Council of the City of Dos Palos does ordain as follows:

SECTION 1. FINDINGS
The City Council has duly considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. PURPOSE
The purpose of this Ordinance is to amend comply with state housing law by approving a Zoning Code Amendment and prezone consisting of two related but distinct actions:
• Zoning Code Amendment to the Dos Palos Zoning Code to address outstanding comments from HCD required for certification of the City's 6th Cycle Housing Element; and
• Prezone of two unincorporated parcels (APNs 014-010-014 and 014-010- 015) to the Mixed Use (MU) District in anticipation of a future Local Agency Formation Commission (LAFCO) annexation proceeding.

SECTION 3. AMENDMENTS TO MUNICIPAL CODE
Title 17 of the Municipal Code is hereby amended as follows:
"17.24.110 Site plan review.

A site plan shall be submitted to the site plan review committee for approval in accordance with the provisions of Section 17.76, Article IV of this title before any new buildings or structure is developed on any lot within the R-2 district. In addition to the information specified in Section 17.76, Article IV of this title, the site plan shall show the type and color of all materials to be used on exterior walls and roofs of all multiple-family buildings and structures, and the location and design of all recreation and open space areas, and the recreation equipment to be included thereon. (Ord. 342 (part), 1997)
Developments defined within Section 17.60.080 are eligible for by- right approval and do not require discretionary review by the site plan review committee, provided they fully comply with all applicable zoning, design, and development standards of this title. Such projects shall be reviewed administratively in accordance with Section 17.60.080 and must demonstrate consistency with all requirements set forth therein prior to the issuance of any building permits."
"17.28.110 Site plan review.

A site plan shall be submitted to the site plan review committee for approval in accordance with the provisions of Section 17.76, Article IV of this title before any building or structure is developed on any lot within the R-3 district. In addition to the information specified in Section 17.76, Article IV of this title, the site plan shall show the type and color of all materials to be used on exterior walls and roofs of all multiple-family buildings and structures, and the location and design of all recreation and open space areas, and the recreation equipment to be included thereon. (Ord. 342 (part), 1997)
Developments defined within Section 17.60.080 are eligible for by-right approval and do not require discretionary review by the site plan review committee, provided they fully comply with all applicable zoning, design, and development standards of this title. Such projects shall be reviewed administratively in accordance with Section 17.60.080 and must demonstrate consistency with all requirements set forth therein prior to the issuance of any building permits."
"17.30.070 Population density.

In the Mixed Use R-4 district, the minimum permitted density is twenty (20) delitwo it, perating and th mariu but miled deto apartment a and studios) per acre shall be permitted."
"17.30.110 Site plan review.

A site plan shall be submitted to the site plan review committee for approval in accordance with the provisions of Section 17.76, Article IV of this title before any building or structure is developed on any lot within the R-4 district. In addition to the information specified in Section 17.76, Article IV of this title, the site plan shall show the type and color of all materials to be used on exterior walls and roofs of all multiple-family buildings and structures, and the location and design of all recreation and open space areas, and the recreation equipment to be included thereon. (Ord. 342 (part), 1997)
Developments defined within Section 17.60.080 are eligible for by-right approval and do not require discretionary review by the site plan review committee, provided they fully comply with all applicable zoning, design, and development standards of this title. Such projects shall be reviewed administratively in accordance with Section 17.60.080 and must demonstrate consistency with all requirements set forth therein prior to the issuance of any building permits."
"17.32.110 Site plan review.

A site plan shall be submitted to the site plan review committee for approval in accordance with the provisions of Section 17.76, Article IV of this title before any building, structure or advertising structure is erected or any parking facilities are developed on any lot within the C-1 district. A site plan review shall be required for all conditional use permits. (Ord. 342 (part), 1997)
Developments defined within Section 17.60.080 are eligible for by-right approval and do not require discretionary review by the site plan review committee, provided they fully comply with all applicable zoning, design, and development standards of this title. Such projects shall be reviewed administratively in accordance with Section 17.60.080 and must demonstrate consistency with all requirements set forth therein prior to the issuance of any building permits."
"17.34.110 Site plan review.

A site plan shall be submitted to the site plan review committee for approval in accordance with the provisions of Section 17.76, Article IV of this title before any building, structure or advertising structure is erected or any parking facilities are developed on any lot within the C-2 district. (Ord. 342 (part), 1997)
Developments defined within Section 17.60.080 are eligible for by-right. approval and do not require discretionary review by the site plan review committee, provided they fully comply with all applicable zoning, design, and development standards of this title. Such projects shall be reviewed administratively in accordance with Section 17.60.080 and must demonstrate consistency with all requirements set forth therein prior to the issuance of any building permits."
"17.55.040 Property development standards.

The following property development standards together with the general property development standards in Chapter 17.64 of this title shall apply to all land and structures in the Mixed Use zoning district Within the Mixed Use (MU) Zoning District, a minimum of fifty percent (50%) of the total gross floor area of all buildings on a project site shall be developed, occupied, and maintained as residential dwelling uses." "17.55.050 Population density
In the Mixed Use district, the minimum permitted density is twenty (20) dwelling units per acre and the maximum permitted density no more than is thirty-two (32) dwellings units (includes but not limited to apartments, lofts, and studios) per acre shall be permitted."
"17.55.110 Site plan review.

A site plan shall be submitted to the site plan review committee for approval in accordance with the provisions of Section 17.76, Article IV of this title before any building, structure, advertising structure or any parking facilities are erected or developed on any lot within the Mixed Use district.

Developments defined within Section 17.60.080 are eligible for by-right approval and do not require discretionary review by the site plan review committee, provided they fully comply with all applicable zoning, design, and development standards of this title. Such projects shall be reviewed administratively in accordance with Section 17.60.080 and must demonstrate consistency with all requirements set forth therein prior to the issuance of any building permits."
"17.60.080 By-Right Approval (B)
B. The following uses are eligible for by-right approval:

1. Projects that satisfy the criteria outlined in subparagraphs (a) and (b) below are located on sites listed as lower-income sites in the adopted Housing Element Site Inventory pursuant to Government Code Section 65583.2 subdivision (c) that are shown to have been either:
a. Are located on sites listed as lower income sites in the adopted housing element site inventory pursuant to Government Code 65583.2 subdivision © that are shown to have been either: vacant and listed in two prior housing element site inventories, or
b. non-vacant and listed in a previous housing element site inventory; and, twenty (20) percent of the total number of housing units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable as defined in Health and Safety Code Sections 50052.5 and 50053.

2. Multiple-family projects located on sites zoned to accommodate the City's lower-income Regional Housing Need Allocation pursuant to Government Code Section 65583.2(h) in which at least twenty (20) percent of the total number of housing units are affordable to lower-income households SECTION 4. VALIDITY OF ORDINANCE
Two unincorporated parcels (APNs 014-010-014 and 014-010-015) located at Elgin Avenue & Christian Street are hereby prezoned to the Mixed Use (MU) District in accordance with the map in Exhibit A in anticipation of a future Local Agency Formation Commission (LAFCO) annexation proceeding.

SECTION 5. VALIDITY OF ORDINANCE
If any article, section, sub-section, sentence, clause, or phrase of this Ordinance is held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each article, section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that one or more articles, sections, subsections, sentences, clauses, and phrases be declared invalid.

SECTION 6. SUMMARY OF ORDINANCE
The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the County at least five (5) days prior to adoption and again fifteen (15) days after its adoption. If a summary of the Ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed Ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the Ordinance is adopted, and again after the meeting at which the Ordinance is adopted. The summary shall be approved by the City Attorney.

SECTION 7. EFFECTIVE DATE
The ordinance shall go into effect and be in full force and operation from and after thirty (30) days following its final passage and adoption. ********************** ****************
The foregoing Ordinance was introduced at a regular meeting of the City County held on August 18, 2026, and was adopted at a regular meeting of said City County held on this 18'h day of August, 2026, by the following vote.

Mayor Reed voted:

Mayor Pro Tem Bravo voted:

Councilmember Pigg voted:

Councilmember Porter voted:

Councilmember Bautista voted:

Mayor, City of Dos Palos
ATTEST:

City Clerk
Approved as to Legal form:

CITY ATTORNEY
By.

SECOND AMENDMENT TO

MUNICIPAL SOLID WASTE FRANCHISE AGREEMENT
This Amendment ("The Amendment") to the Municipal Solid Waste Franchise is made and entered on September _ 2026, by and between the City of Dos Palos ("City") and Mid-Valley Disposal, LLC (Grantee") and collectively "Parties."
WHEREAS, in 2022, City and Grantee entered into a Municipal Solid Waste Franchise Agreement (The Agreement") for the exclusive right to provide solid waste and recycling services in City, which was amended in 2025 to include street sweeping services; and WHEREAS, City has requested to amend the Agreement to include franchise fees and Grantee has provided an updated rate schedule to include franchise fees; NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT
1) EXHIBIT D to the Agreement shall be replaced in its entirety with ATTACHEMENT A to this Amendment.
2) The definition of Fee in EXHIBIT C, section R. shall be replaced with the following:
"FEE. "Fee" means the inclusive Fee schedule attached to this Agreement as xhibit "D," which provides the Fees to be paid to Grantee by City i onsideration of the Solid Waste Handling services provided by Grante hereunder. Rates charged Customers by City may be higher than Fees paid Grantee in order to cover appropriate City costs. The Fee's in EXHIBIT D include a Franchise Fee of 17.0%.
3) Except as amended by this Amendment, all terms and conditions of the Franchise Agreement continue in full force and effect.
4) This Amendment to shall be effective on November 1, 2026.

CITY OF DOS PALOS MID-VALLEY DISPOSAL, LLC
Date: Date:

ATTACHMENT A TO SECOND AMENDMENT

EXHIBIT D - CONTRACTOS RATES

CITY OF DOS PALOS
Franchise Customer
RATES INCLUDE DISPOSAL & PROCESSING MVD Rate Fee Rate

RESIDENTIAL CUSTOMERS
3-96 CARTS (Blue, Grey, Green) $36.09 $7.39 $43.48
SENIOR 64GAL $31.96 $6.55 $38.51
STREET SWEEPING $5,415.43/MO N/A $3.15

COMMERCIAL TRASH
96G 1x per week $32.55 $6.67 $39.22
96G 2x per week $55.80 $11.43 $67.23
2 yard 1x per week $113.92 $23.33 $137.25
2 yard 2x per week $203.43 $41.67 $245.10
3 yard 1x per week $148.80 $30.48 $179.28
3 yard 2x per week $249.93 $51.19 $301.12
6 yard 1x per week $255.73 $52.38 $308.11
6 yard 2x per week $418.46 $85.71 $504.17

COMMERCIAL RECYCLE
96G 1x per week $11.63 $2.38 $14.01
96G 2x per week $23.25 $4.76 $28.01
3 yard 1x per week $68.57 $14.04 $82.61
3 yard 2x per week $126.70 $25.95 $152.65
6 yard 1x per week $112.75 $23.09 $135.84
6 yard 2x per week $210.39 $43.09 $253.48

COMMERCIAL ORGANICS
96G 1x per week $20.93 $4.29 $25.22
96G 2x per week $40.69 $8.33 $49.02

1.5 yard 1x per week $98.81 $20.24 $119.05

1.5 yard 2x per week $174.37 $35.71 $210.08

ADDITIONAL SERVICES
Cart Replacement fee for carts damaged by customer $75.56 $15.48 $91.04 Cart delivery fee for carts damaged by customer $34.87 $7.14 $42.01 Extra lift fee for container service $29.06 $5.95 $35.01 Contamination fee per cart - 2nd occurance $17.44 $3.57 $21.01 Contamination fee per cart - 3nd or more occurance $40.69 $8.33 $49.02 Extra lift fee per yard for overloaded containers $34.87 $7.14 $42.01 Contamination Fee per Yard $40.69 $8.33 $49.02
Go-back charge for residents who did not place the cart out on the service day, must be on one of the two $23.25 $4.76 $28.01 Delivery and removal fee of small container for special cleanups $40.69 $8.33 $49.02
Locking bin monthly charge $156.92 $32.14 $189.06
Lock purchase (must be provided by collector) $34.87 $7.14 $42.01 one time locking conversion fee $261.55 $53.57 $315.12

ROLL OFF
Delivery $58.12 $11.90 $70.02
Service/Removal Charge $395.21 $80.95 $476.16
ental after 7 days/per d $17.44 $3.57 $21.01
onnage Billed By Mid Valley/Per To $62.77 $12.86 $75.63

FRANCHISE AGREEMENT SECOND AMENDMENT

ADDENDUM TO MEMORANDUM OF

UNDERSTANDING
This Addendum to the Memorandum of Understanding ("Addendum") is entered into by and between the City and the recognized employee organization and shall amend the existing Memorandum of Understanding ("MOU") solely as set forth herein. Except as expressly modified by this Addendum, all other terms and conditions of the MOU shall remain in full force and effect.

Term
This Addendum shall become effective upon full execution by the parties and shall remain in effect for a period of one (1) year, unless extended or modified by mutual written agreement of the parties.

Removal of Classifications
The Dispatchers classification and the Community Services Officer classification are hereby removed from the bargaining unit.

Compensation
During the one-year term of this Addendum, employees covered by the MOU shall not receive step increases, and there shall be no cost-of-living adjustment or general wage increase unless otherwise approved in a subsequent written agreement executed by the parties.

Seniority
For purposes of this Addendum and the MOU, seniority shall be determined by an employee's length of continuous service with the City in the applicable classification or bargaining unit, together with the employee's qualifications and certifications for the position or assignment at issue. In the event layoffs become necessary due to financial hardship, layoffs shall be implemented by seniority within the affected classification and qualifications, subject to applicable law and the terms of the MOU.

Section 405 - On Call
c. All Public Works and Utility employees will receive eight (8) hours of in-lieu time for each week of on-call time.

Signatures
For the Employee Organization
For the City
Kichard an
By:

Name: Katy Reed Name: Richard Weaver
Title: Mayor Title: President, Local Union #3
Date: Date: _ 9-0-26
For the City For the Employee Organization
By: _ By: _
Name: Gordon Bonds Name: Joey Toscano
Title: Vice President, Local Union #3
Title: Interim City Manager
Date: Date: 9/9/26
For the Employee Organization
For the City
By: Mille Huntan
By: _
Name: Allen Dunbar
Name:

Title: Local Union H3l
Date: 9-8-26
Date: -06/25/2026-

MEMORANDUM OF UNDERSTANDING
and

AGREEMENT
AMONG and BETWEEN THE
City of Dos Palos

AND THE
Dos Palos Miscellaneous Employees Association

AFFILIATED WITH
OPERATING ENGINEERS LOCAL UNION NO. 3
: ..!

EFFECTIVE
July 1, 2024 - June 30, 2026
PREAMBLE:

This MEMORANDUM OF UNDERSTANDING and AGREEMENT hereinafter referred to as the MOU, entered into by the City of Dos Palos, hereinafter referred to as the City, and the Dos Palos Miscellaneous Employees Association, hereinafter referred to as DPMEA, has as its purpose, the promotion of harmonious relations among and between the City and the DPMEA; the establishment of a fair procedure for the resolution of differences; and the effectual implementation of competitive pay rates, work hours, and other employment conditions.

INDEX
Benefits Section 502
Bereavement Leave Section 307
Breaks or Work on Holidays Section 303
Call Outs Section 404
Changes Section 511
Clothing Section 203
Court Leave/Court Witness Section 308
Disciplinary/Grievances Section 512
Distribution Section 103
Employee Rights Section 101
Funerals Section 307
Health Insurance Section 502
Holidays Section 301
Illness in the Immediate Family Section 306
Insurance Section 502
Jury Duty Section 308
Me Too Clause Section 510
Merit Increases Section 503
On Call Section 405
Overtime Section 403
Pay Increases Section 508
PERS/Retirement Section 501
Position Authorization Information Section 513
Preventative Medicine Section 202
Radios Section 404
Ratification and Adoption Section 515
Rules Section 104
Safety Practices Section 201
Salary Schedule Section 513
Savings Clause Section 102
Sick Leave Section 305
Step Increases Honored Section 509
Suggestions Section 504
Termination of Agreement Section 507
Three-Day Holidays Section 302
Training Section 505
Uniforms Section 204
Union Maintenance/Membership Section 50G
Vacations/Accumulation Section 304
Work and Rest Periods Section 402
Work Schedules Section 401
Workers Compensation Section 205

ARTICLE I

ADMINISTRATION
SECTION 101 -EMPLOYEE RIGHTS
a. Employee rights granted in this agreement and in the Personnel Rules and legulations adopted by the City Council of the City of Dos Palos on November 3 981 and executed as Resolution #1214 shall not be abridged, unless changed b tate law. The Right to appeal to the City Manager shall be granted to an employe or written reprimands. For disciplinary action greater than written reprimands which are suspension, demotion, or dismissal, an appeal may be made to an arbitrator in accordance with Section 501-B-4 of the Personnel Rules and Regulations.
b. No employee will have any statement which might form the grounds for potential disciplinary action entered into the personnel record of the employee without first being afforded the opportunity to read and sign the document. c. The employee will have the right to respond in writing to any statement entered into their personnel record. The purpose of such response will be to clarify the statement and will become as much a part of the record as the original statement. )
SECTION 102 - SAVINGS CLAUSE
In the event that any Article, Section or Portion of this Agreement should be held invalid and unenforceable by any court of competent jurisdiction, such decision will apply only to the specific Article, Section or Portion thereof specifically specified in the Court's decision; and upon issuance of such a decision the City and The Dos Palos Miscellaneous Employee Association (DPMEA) agree to immediately negotiate a substitute for the invalidated Article, Section or portion thereof.

SECTION 103 - DISTRIBUTION
The City agrees to print and distribute copies of this agreement to all department heads and DPMEA members.

SECTION 104- RULES
Reasonable written notice will be given to DPMEA representatives affected by any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation, proposed by the City Council or by any Board or Commission of the City, ine! and each will be given the opportunity to meet with such body prior to adoption. a. All work rules covered under the Myers-Milias-Brown Act will be subject to "meet and confer" before becoming effective.
b. When existing rules are changed or new rules are established, these rules will be posted prominently on all bulletin boards for a period of ten (10) consecutive work days before becoming effective.
c. The City agrees to furnish each employee with a copy of all work rules within thirty (30) days after they become effective. New employees will be provided with a copy of the work rules at the time of hire.
d. Employees will comply with all existing rules that are not in conflict with the terms of this agreement, provided the rules are uniformly applied and uniformly enforced.

Any unresolved complaint of any new or existing rule, or any complaint involving discrimination in the application of new or existing rules will be resolved through the grievance procedure.

ARTICLE I! - JOB SAFETY
SECTION 201-SAFETY PRACTICES
Safety of personnel in every job situation will be the paramount consideration of both management and working personnel.

SECTION 202 - PREVENTATIVE MEDICINE
If the nature of an employee's work dictates immunization from disease, such immunization will be made available without cost to the employee. City employees involved in the daily contact of raw sewage and/or toxic chemicals (such as chlorine) are authorized to obtain yearly immunizations and blood counts as well as x-rays when deeme appropriate by medical personnel. Whenever possible these medical checks should be done locally.

SECTION 203 - CLOTHING
The City agrees to make protective clothing available when an employee is working with hazardous chemicals or equipment. The City agrees to provide proper clothing to those employees required to work outside during periods of inclement weather or in areas requiring constant contact with water. The City will purchase and provide one apron, one pair of gloves, and one orange or reflective jacket per field crew employee per year, if needed, and other necessary protection. The City will purchase and provide one new pair of work boots for field employees in each fiscal year, type to be approved by the Department Head, not to exceed $250 in total cost including taxes.

SECTION 204 - UNIFORMS
a. The City agrees to contribute all necessary funds per month per Public Works employee to a textile rental service on a contract basis for eleven (11) uniform shirts and eleven (11) uniform pants. The employee will pay for the one-time cost of a name emblem. Coveralls will be provided to each employee (two clean changes per week) assigned to Public Works.
b. The City will provide or pay for up to five shirts and five pairs of pants per year per office employee assigned to Administration or Finance.
c. The City will provide or pay for Three uniform shirts and Three uniform pants for each dispatcher, not to exceed $450.00 each year.
• All uniforms provided by the City will be worn only while performing City work, when attending a city function, or when representing the City.

SECTION 205 - WORKERS COMPENSATION
An employee is entitled to the benefits covered by workers compensation; and, if said employee is absent from work as a result of an industrial injury, he/she will receive compensation in accordance with state Worker's Compensation Law. a. No deduction will be made from any vacation time, sick leave or overtime previously accumulated by the employee while the employee is absent on a compensable industrial injury leave and for a period of time as herein above stated, unless employee wishes to use his/her sick leave to compensate for the difference between what he/she receives for compensation from Worker's Compensation and what they would receive in their normal salary, in which case the City agrees to allow the employees to do so.
b. The benefits provided under State of California Workers Compensation laws as referred to above will not include payments made for hospital, surgical and medical expenses or payments received as a result of permanent injury awards.

ARTICLE I - AUTHORIZED LEAVE
SECTION 301 - HOLIDAYS
The following days are recognized and observed as paid holidays. a. New Years Day
b. Dr: Martin Luther King, Jt.'s Birthday
c. President's Day
d. Cesar Chavez Day
e. Good Friday
f. Memorial Day

8. Juneteenth
h. Independence Day
i. Labor Day
j. Native American Day
k. Veteran's Day

1. Thanksgiving Day
m. Friday following Thanksgiving Day
n. Christmas Eve
o. Christmas Day :
) p. New Year's Eve
q. Two (2) personal holiday designated by the employee.

Any day appointed or proclaimed by the President of the United States or the Governor of California as a holiday.

SECTION 302 - THREE DAY or WEEKEND HOLIDAYS
When a holiday occurs on a Saturday, the preceding Friday will be observed as a holiday.

When a holiday occurs on a Sunday, the succeeding Monday will be observed as a holiday.

SECTION 303 - VACATION, NORMAL BREAK OR WORK ON HOLIDAY a. An employee who is on vacation when a holiday occurs will receive another day in lieu.
b. An employee (Dispatchers) who works on any of the actual holidays will be compensated at double time for (actual time worked) each hour worked. (For example, if Christmas falls on a Saturday, the preceding Friday is an "observed" holiday, however the emplovee will be compensated at double time on the actual day (Saturday) only.
c. Dispatchers whose normal day off falls on any of the observed holidays will be paid at his/her regular rate of pay per day.
d. Employees who are on call for a holiday, will get a day in lieu.

SECTION 304 - VACATION
a. An employee who has been continuously employed for a period of twelve (12) months shall be entitled to 96 hours of vacation per year. b. An employèe who has been continuously employed for a period of five (5) years shall be entitled to 112 hours of vacation per year.
c. An employee who has been continuously employed for a period of ten (10) years shall be entitled to 128 hours of vacation per year.
d. An employee who has been continuously employed for a period of fifteen (15) years shall be entitled to 144 hours of vacation per year.
e. An employee who has been continuously employed for a period of twenty (20) years shall be entitled to 160 hours of vacation per year. f. An employee whose service is terminated after completion of six (6) months of service (probation) shall be entitled to receive the equivalent amount of pay for annual leave accrued but not taken.

ACCUMULATION
g. Annual vacation may be accumulated for two (2) years unless the City Manager in specific cases determines otherwise.
h. Annual vacation shall not accrue while an employee is on a leave of absence without pay.
i. In case of death of an employee, vacation accrued, will be determined as though the employee had voluntarily resigned employment.
j. The time an employee takes annual vacation will be approved by the Department Head with due regard for the wishes of the employee and the needs of the City. k. An employee who requests vacation lasting one week or more will give at least two weeks' notice prior to the beginning of the requested vacation.

I. Annual leave will not be taken in any amount less than in multiples of one hour nor more than twelve (12) consecutive working days without approval of the City Manager.

SECTION 305-SICK LEAVE
Each full-time employee will earn sick leave at the rate of 8 hours for each month or a major portion thereof worked. Sick leave carned will be added to the employees' sick leave accumulation account upon the completion of the pay period. a. An employee may accumulate sick leave indefinitely. An employee will continue to accrue sick leave while disabled under Article IT, Section 205, and On the Job Injury.
b. When absent in excess of three days, the employee may be required to present a doctor's certificate to the department head or City Manager, that the employee is released to return to work.
c. Sick leave may be applied to an absence caused by illness or injury to an employee and for medical and dental appointments during work hours. Sick leave shall not be abused.
d. The charge to the employee's sick leave account will be actual time used. e. During any single fiscal year, an employee with 240 hours or more of sick leave accruals shall be permitted to sell back to the City up to 32 hours of such accrual at the employee's current rate of pay.
f. • One- quarter (1/4) of earned sick leave time shall be paid at the time of resignation or termination of the employee.

SECTION 306 - ILLNESS IN THE IMMEDIATE FAMILY
When an illness or injury in the immediate family requires an employee to be absent from duty to care for such person, up to five (5) working days per fiscal year may be allowed, chargeable to the employee's sick leave. When absent in excess of one day, the employee will file, upon request, a doctor's statement or a personal affidavit with the Department Head stating the cause for the absence. "Immediate" family refers to an employee's usband, wife, father, mother, foster parent, grandparent, brother, sister, child, an randchild. All State & Federal Family Medical Leave Act provisions shall apols SECTION 307 - BEREAVEMENT LEAVE
a. Death in the Family - Sick leave up to the amount needed, but not to exceed five (5) working days, may be used in the event of a death in an employee's immediate family, which is defined in Section 306 above. The City Manager will have the responsibility for determining validity of sick leave granted under bereavement conditions.
b. Funerals - An employee desiring to attend the funeral of a person other than his/her immediate family, as defined, may take vacation time up to a maximum of one (1) day.

SECTION 308 - COURT LEAVE
a Jury Duty.- An employee summoned for jury duty during his/her normal working hours will be deemed to be on duty, and there will be no loss in salary. Any jury fee or mileage allowance received by the employee will be paid to the City if City provided transportation is used. An employee released from jury duty during his/her normal duty hours will report back to his/her City department. Before court leave is granted, the employee must submit a copy of the summons to his/her immediate supervisor prior to the beginning date of such duty or service. b. City Witness/On Duty - An employee who is called as a witness in the course of his/her City employment when the City or State is a party to the action will be deemed to be on duty, and there will be no loss of salary. Any witness fee or mileage allowance received will be paid to the City if City transportation is used. c. City Witness/Off Duty - An employee who is called as a witness in the course of his/her City employment during his/her off duty hours will be compensated for the time spent at straight time or will be compensated for one hour minimum (per Section 403b) whichever is greater.
d. Private Witness — An employee who is called as a witness in a private or civil matter between other parties will be compensated in accordance with California Civil Code or procedures for witnesses. An employee may use earned vacation or Compensatory Time Off when absent from work as a witness in a private matter. e. Court Stand By - Any employee who is placed on stand-by for witness duty shall be compensated for two (2) hours at his/her regular rate of pay per day.

ARTICLE IV

SPECIFICS FOR JOB PERFORMANCE
SECTION 401 - WORK SCHEDULES
Work schedules showing the employee's shift, workdays and hours of duty will be posted on department bulletin boards at all times. Schedules displaying accumulated sick leave, vacation time and Compensatory Time Off will be posted on department bulletin boards and kept current by the pay period.

SECTION 402 - WORK AND REST PERIODS
a. The regular workday will commence at the regularly scheduled time and will extend normally for eight (8) working hours. Some departments may schedule personnel shifts other than eight hours of working time depending upon the demand of the job to be done. In any case, the workweek will begin on Monday at 7:00 a.m. and will consist of forty (40) hours of scheduled work. Any time worked in excess of forty (40) hours will be deemed overtime. For pay purposes all holidays set forth in this agreement which fall upon a regularly assigned work day will be paid at (8) hours straight time.
b. Work schedules will provide a fifteen (15) minute rest period during each one-half shift. The rest period will be scheduled at the middle of each one-half shift when possible.
c. Employees will be allowed a meal period of one (1) hour during each shift. Field crews will be allowed a meal period of thirty (30) minutes during each work shift.

The meal period will be scheduled at the middle of each shift when possible. d. Dispatch employees will receive Shift differential pay in the amount of $25.00 a pay period if they work 3 or more days each week, in either swing shift or graveyard.
e. City Hall employees are seeking revised hours which may include moving or reducing lunch hour times. The City Council wants public access to City Hall from 12 noon to 1:00 pm. Public access may be limited to access from the drive through window only, to provide safety and security when only one employee is present. Employee hours, and public access hours, may change upon agreement SECTION 403 - OVERTIME
a. An employee will be paid for or take Compensatory Time Off (CTO) for any overtime worked. Overtime shall only be paid for time actually worked; and determination of overtime shall exclude holidays, sick leave, CTO, on-call pay, vacation and any other paid leave not actually worked. Overtime is defined as time worked in excess of forty (40) hours per work week.
b. Payment of overtime will be at time and one-half (1 1/2) of the employee's regular rate of pay. An employee may bank up to a maximum of thirty-two (32) hours as CTO. Any additional overtime must be paid.
c. Compensatory Time Off will be earned on a time and one-half (1 1/2) basis. CTO will be posted on a department bulletin board and kept current by the department head. The maximum accumulation will normally be forty hours (40) non-working hours. An employee will be given ample opportunity to take time off during the work week, upon the approval of his/ber supervisor. The City Manager will be kept advised of accumulated CTO of employees by the Department Head. Earned CTO must be granted within a reasonable time after requested unless it would disrupt the operation(s) of the City. Accumulation of more than forty hours (40) of CTO may be permitted under certain circumstances as determined by the City Manager. d. Seniority: The Department Head will give preference to those employees with seniority of overtime whenever possible.

SECTION 404 - CALL OUTS
a. Three (3) hours or actual time worked, whichever is greater, at time and one half overtime compensation, for employees called back to work from a time off work status. If an employee is called out on a holiday, the employee will be compensated double time for actual time worked. The employee is to be compensated at whichever is greater, but not both.
b. The employee has the option of receiving either time or pay as compensation for call outs, up to 24 hours per pay period. Over 24 hours must be taken in time. c. The City will provide two-way radios with a reasonable range to all employees covered by this section.
d. The City and the Union must meet and confer on any future changes to call out status.

SECTION 405 - ON CALL
a. Three (3) hours or actual time worked, whichever is greater, at time and one half overtime compensation, for employees called back to work from a time off work status. If an employee is on call on a holiday, the employee will be compensated double time for actual time worked. The employee is to be compensated at whichever is greater, but not both.
b. The employee has the option of receiving either time or pay as compensation for call outs, up to 24 hours per pay period. Over 24 hours must be taken in time. c. All Public Works employees will receive 8 hours of in lieu time for each week of on call time.
d. The City and the Union must meet and confer on any future changes to on call status.

ARTICLE V

CONTINUATION AND ADDITIONS
SECTION 501 - PAYMENT OF PERS
a. Employee agrees to provide payment of the employee's share of the Public Employee Retirement System payment for all permanent and permanent part-time employees, and any changes as mandated by State law. b. The City agrees to contract with PERS to provide for retirement at 3% at age 60.

SECTION 502 - BENEFITS
a. All existing benefits presently enjoyed by the employees will remain in full force • and effect during the life of this agreement, except as may be amended by this agreement.
b. Employees agree to accept the City-provided health insurance plan. c. City will pay 100% of Employees health, vision, and dental insurance.

No dependent coverage (Coverage for dependents is to be paid for by employee). d. Employees not opting to receive city-provided health insurance coverage must show evidence of private health insurance coverage. There shall be no cash outs of insurance costs.

The Employee salary schedule is attached.
f. The City agrees to provide disability insurance coverage for cach employee, at no. cost to the employee, to cover non-work-related injuries. g. The City agrees to maintain life insurance coverage of at least $10,000 for each employee, at no cost to the employee.
h. Any employee upon retirement may use any unused sick leave to pay for the City provided health insurance. Once the retired employee's unused sick time has been xhausted, the retired employee may continue with the city's health insurance pla t the retirement emplovee's expense
i. Bilingual Pay: In order for an employee to receive compensation it must be demonstrated to the Department Head the capability to fluently speak and read Spanish by meeting the criteria set by a standardized test, given by a Spanish instructor at the high school. The City will compensate up to four (4) qualified bilingual employees at $25.00 each per month.

SECTION 503 - MERIT INCREASES
The City regards the rewarding of sustained superior performance of duty as a means to retain talented individuals in the City work force while providing a competitive salary as an incentive for job excellence. A merit increase in salary is the primary reward for continued superior performance and will be approved under the following circumstances:
a. The employee must perform at a level above what is normally expected for the position. The job description and job performance standards will be used by • supervisors in determining what is normally expected for the position. b. When the supervisor determines that an individual is, in fact, doing his/her job in an exceptional manner, he/she may recommend a merit increase in salary. The recommendation will be in writing and addressed to the City Manager. The City Council will make the final determination.
c. An accelerated step increase may be awarded prior to an employee's scheduled increase upon approval of the City Council (Steps B-F)
d. The Merit Increase will be a four percent (4%) increase and awarded to those persons who have attained the top step in their particular skill ladder.

SECTION 504 - SUGGESTION PROGRAM
The City recognizes the value of moncy saving suggestions that employees contribute toward more efficient day-to-day operation. In order that these suggestions are properly rewarded, the following procedure will be followed.
a. Any City employee may file a suggestion with their supervisor at any time. For purposes of security, any formal suggestion will be made in writing. b. The suggestion shall be evaluated by the supervisor and forwarded up the chain of command to the appropriate approving authority (normally the City Manager). c. If a suggestion is deemed worthy of implementation, the approving authority will so notify, through the chain of command, the supervisor, who, in turn, will notify the person making the suggestion.
d. Implemented suggestions which result in a dollar savings for the City will be recognized in the following manner:

1. Documentation of actual savings accruing on a monthly basis, for a period consisting of the first twelve (12) months following implementation of said suggestion, will be computed by the person to the supervisor and forwarded up through the chain of command to the appropriate approving authority.

2. A total amount consisting of 10% of the documented first year savings, not to exceed a maximum of $200.00, will be awarded to the person making the suggestion.

3. In the event the approving authority determines a savings will accrue to the City but cannot provide a specific documentation (i.e. it is not possible to provide documentation) of actual savings, a sum of $25.00 in total will be awarded to the person making the suggestion.
є. It is the responsibility of all supervisors to encourage participation in the suggestion program at all levels. Suggestions not approved for implementation will be returned to the person making the suggestion with appropriate recognition given to the individual for his/her efforts toward improvement of the job environment.

SECTION 505- CAREER DEVELOPMENT/TRAINING
The City of Dos Palos recognizes the need for upgrading the skills of all employees, which leads toward greater job satisfaction and increases the potential for promotion within City ranks. With this in mind the City Council has authorized the implementation of a career development program with the following stipulations:
a. All employees are authorized to participate in the program. b. The program will be limited to employee training sessions, formal schooling, technical lectures/conferences/seminars and other training modes approved by the City Manager. Employee training sessions and other training modes approved by the City Manager may be attended during normal duty hours. Attendance at formal schooling will only be permitted after normal duty hours or at the discretion of the City Manager.
c. Once a training medium has been established by the Department Head as being both desirable and applicable for City needs, the employee shall request permission from his/her supervisor and City Manager to attend. d. If permission is given, the City will provide transportation, when available, to and from the training site/facility.
e. Upon completion of training the employee will provide the City with copies of training certifications, diplomas, or other documents to verify training completion. With prior approval by department head and City Manager, employee will receive 2% pay increase for each new certification.

1. Dispatcher POST Intermediate Certificate.

2. Dispatcher POST Advanced Certificate.

3. Notary Public.

4. QAC Pesticide and any Certification under a QAC..

5. Distribution 1,2, or 3.

6. Wastewater I, 2, or 3.

7. Water Treatment 1, 2, or 3.
f. All employees must perform satisfactorily during the training sessions and display a distinct increase in knowledge and/or performance following such training.

Sincerity and conscientiousness on the part of each employee during any training will enhance the training program and ensure continuation of the Career Development Program.
g. Employees will be allowed to attend any recognized school within a sixty (60) mile radius of the City limits.
h. City agrees to pay for one (1) class per semester per employee including tuition and books. Class shall be in a job-related area. Class tuition shall not exceed, $300.00 per class. Exceptions shall be appealed to the City Manager.

SECTION 506 - UNION MAINTENANCE AND MEMBERSHIP
a. All Union employees shall be allowed to have payroll deductions from their salaries (upon request) to be sent to Operating Engineers Credit Union. b. Any Union employee wishing to withdraw his/her membership from the Union can do so, only in July of each year.

SECTION 507 - TERMINATION OF AGREEMENT
All sections of this agreement will remain in full effect, binding upon Employer and DMEA, until a successot agreement is consummated.

July 1, 2024 is the effective date of this agreement: It is understood that the terms and conditions set forth herein may be changed by mutual agreement.

SECTION 508 - PAY INCREASES
Salary increases will be made as follows:
4% effective July 1, 2024
4% effective July 1, 2025
SECTION 509-STEP INCREASES HONORED
Eligible step increases will be honored during the term of this agreement (July 1, 2024 to June 30, 2026). All steps will continue to be 4%.

SECTION 510 - ME TOO CLAUSE
There is no "Me Too" clause applicable for the duration of this agreement.

SECTION 511 - CHANGES
This agreement updates previous MOU's with regard to removal of expired language, removal of eliminated positions, corrections of typographical errors, updated dates, addition of any new positions, and the addition of all newly negotiated items. It is mutually understood that Public Works Employees may be required to read water meters in the course of their regular work and that their job descriptions will be updated during this agreement to reflect this duty.

SECTION 512 - GRICVANCES
SECTION 19.01 DISCIPLINARY ACTION APPEAL AND HEARINGS
See Rules and Regulations
SECTION 20.01 OF THE RULES OF REGULATIONS
It is the policy of the City that all grievances of employees relating to working conditions be resolved at the lowest level of supervision possible. Such unresolved grievances shall •be resolved as follows:

A. The employee with or without the employee association representative/certified organization representative shall take up the grievance or dispute with the employee's immediate supervisor within ten (10) calendar days of the date of the grievance or the employee's knowledge of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the employee within three (3) working days.

B. If the grievance has not been settled, it shall be presented in writing by the employee or employee representative/certified organization representative to the Department Head within seven (7) calendar days after the supervisor's response is due. The department head shall respond to the employee in writing with three (3) working days.

C. If the grievance still remains unresolved, it shall be presented by the employee or employee representative/certified organization representative to the City Manager • in writing within seven (7) calendar days after the response of the department head is due. The City Manager shall respond in writing to the employee within five (5) working days.

D. The response by the City Manager shall be final.

SECTION 512 - POSITION AUTHORIZATION
The positions listed below are authorized positions covered by this agreement as follows:

Bookkeeper, Maintenance I, II, III, Utility Operator, Trainee, and Lead Operator, Recreation Supervisor, Dispatchers, Animal Control/Code Enforcement, and Admin Clerk.

SECTION 513 - SALARY SCHEDULE
Employees shall be hired at Step A. Hiring at any other step may occur only with prior City Council approval. The probationary period for a new or promoted employee is 12 months.

Step increases are payable after one year of service at the previous step, and are based upon meeting or exceeding department standards, with a department head recommendation, and the approval of the City Manager.

SECTION 514- RATIFICATION and ADOPTION
This agreement was ratified by the membership of the Dos Palos Miscellaneous Employees Association and approved by the City Council of the City of Dos Palos as memorialized in the passage of Resolution 2024-011.

Signatures in Acceptance of this Agreement and Memorandum of Understanding among and between the Dos Palos Miscellaneous Employees Association and the City of Dos Palos for the period July 1, 2024 to June 30, 2026 are:

Signed and Dated:

Hichard Ale
Richar heave Presse
til Hogue, Mayo
Dos Palos Miscellaneous City of Dos Palos
Employees Association
Joey Foscane, Vice President Armando Bravo
Dos Palos Miscellaneous Mayor pro Tempore
Employees Association City of Dos Palos
Alle Wintan
Allen Dunbar, Business Agent Manuela Sousa, Acting City Clerk Operating Engineers Local Union No. 3 City of Dos Palos RESOLUTION NO. 2026-08

A RESOLUTION OF THE CITY OF DOS PALOS

CALIFORNIA, AUTHORIZING THE ASSISTANT

CITY MANAGER TO FILE THE REGIONAL

SURFACE TRANSPORTATION PROGRAM
(RSTP) EXCHANGE FUNDS CLAIM FOR FISCAL
YEAR 2025/2026
WHEREAS, the Merced County Association of Governments ("MCAG") and the California Department of Transportation ("Caltrans") have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program ("RSTP") funds with non-federal State Highway Account funds; and
WHEREAS, the allocations of RSTP exchange funds to each jurisdiction have been calculated by using a base "lifeline" allocation and population for FY 25/26; and WHEREAS, the City of Dos Palos has RSTP Exchange Program Funds to claim in the amount of $81,837.00 for FY 25/26; and
WHEREAS, a special gas tax street improvement fund account to receive the RSTP Exchange Program funds has been established; and
WHEREAS, payment of the RSTP Exchange fund claim will be subject to all conditions specified in the Agreement between MCAG and Caltrans; and WHEREAS, it is deemed in the best interest of the City of Dos Palos that the Assistant City Manager be authorized to sign the FY 25/26 RSTP Exchange Program fund claim form for FY 25/26 and to submit said claim form to MCAG for processing.

NOW THEREFORE, be it resolved, that the Assistant City Manager is authorized and directed to sign and submit the RSTP Exchange Program fund claim on behalf of the City of Dos Palos in the amount of $81,837.00.

PASSED AND ADOPTED by the City of Dos Palos at a regular meeting held on the 15th day of September, 2026 by the following vote:

AYES:

NOES:

ABSENT:

APPROVED: ATTEST:

Mayor, Katy Reed City Clerk, Tracy Mosby
PH: 209.723.3153
MERCED COUNTY FAX: 209.723.0322

MCAG ASSOCIATION OF
GOVERNMENTS Merced, Ca. 93540
Claim to the Merced County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2025/2026
Claimant: City of Dos Palos
FY 24/25 Claim Amount: $81,387
Claim Guidelines:

Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.

Claim Instructions:

1. List (print or type) each INDIVIDUAL project to be funded with this claim.

2. List the amount of funds to be used for each project.

3. If the project is not a capacity expanding project and is exempt from air quality conformity analysis check the "Exempt" box. (X)

4. If the project is a capacity expanding project and the air quality conformity analysis has been completed for the project as required check the "Air Quality" box. (X) Project Cost of Air Exempt
Project Quality

1. Repairs and Maintenance to Blossom Street, Center $ 81,387 • • Avenue and Valeria Street

2. $ •

3. $ • •
Partnering for Regional Solutions
It is understood by this claimant City of Dos Palos that payment of this claim must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.

The undersigned claimant, by accepting these funds, agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. Forthe county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.

If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.

Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein is reasonable and accurate to the best of his/her knowledge.

Authorized Representative:

Signature
Manuela Sousa
Print Name
Assistant City Manager
Title

Date
Signature of Chief Financial Officer
Manuela Sousa
Print Name

FY 2025/26 Regional Surface Transportation Program (RSTP) Apportionment Distribution
FY 2025/26 Estimated Apportionments RSTP Exchanges are based on the estimated "Advance 4,587,029 apportionment figures
Adjustments of Prior Year "Advance" vs. "Actual" $ (98,351) Includes actual apportionment adjustments after year-end, and Apportionments Caltrans oversight charges
Local Streets & Roads Assessment Contribution $ 11.562) In 15k into that at afted tense agents. state Mandated Merced County "Lifeline' $ (526,686) Merced County has separate contract with Caltrans. Funds are Apportionmen distributed directly to Merced County. Fixed amount Balance after State-Mandated Merced County 3,960,450 Amount of MCAG RSTP Remaining after State Contract $
"lifeline" Apportionment
Total City "Lifeline" Apportionments $ (356,305)| Fixed amount, per MCAG action. Most recently in May 2009.

Balance after City "Lifeline" Apportionments $ 3,604,145 City City Lifeline Apportionment
Atwater 61,284
Dos Palos $ 11,144
Gustine $ 12,194
Livingston $ 28,341
Los Banos 74,341
Merced-City $ 169,001
Subtotal: Total City "Lifeline" Apport. $ 356,305
Population based portion Percentage FY 2025/26 RSTP funds:

Jurisdiction
distributed by population
Atwater 31,862 10.87% $ 391,822
Dos Palos 5,712 1.95% $ 70,243
Gustine 6,021 2.05% $ 74,043
Livingston 14,441 4.93% 177,588
Los Banos 48,896 16.68%| 601,298
Merced 98,039 33.45% $ 1.205,631
County 88,109 30.06% $ 1,083,519
Subtotal 293,080 100.00% $ 3,604,144
*May 2025 - Dept. of Finance Population Figures
Remaining FY 2025/26 RSTP
-City/County Litellne TOTAL FY 2025/26
Jurisdiction funds distributed by
Apportionment RSTP funds
population
Atwater $ 61.284 391,822 453,106
Dos Palos 11,144 70,243 81-3872
Gustine 12.194 $ 74,043 86-2372
Livingston 28,341 177,588 205,929
Los Banos 74,341 601,298 675,6397
Merced-City $ 169,001 $ 1,205,631 1374,632
Merced-County $ 526,686 $ 1,083,519 15610,205
TOTAL $ 882.991 $ 3,604,144 $ 4,487,135
STAFF REPORT:

Transfer of Measure V Interest Earnings
Interest earnings attributable to Measure V funds remain in the City's Local Agency Investment Fund (LAIF) account. A new bank account dedicated to Measure V has been established at Tri Counties Bank. To maintain accurate accounting and ensure all Measure V resources are held in the designated account, the remaining Measure V interest earnings should be transferred from LAIF to the new Measure V account at Tri Counties Bank.

Staff recommends that the City Council authorize the transfer of all remaining interest earnings attributable to Measure V funds from the LAIF account to the Measure V account at Tri Counties Bank and authorize staff to complete all necessary transactions and accounting entries.

General Ledger
The City of
Detailed Trial Balance
Dos Palos
User: manuela
Printed: 09/11/2026 - 9:52AM
Period: 01 to 03, 2027
Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance 216 Measure V Funding
ASSETS
216-00-11400 Local Agency Investment Fund 0.00
216-00-11400 Totals: 0.00 1,560.07 0.00 0.00 1,560.07
216-00 ASSETS Totals: 0.00 1,560.07 0.00 0.00 1,560.07
ASSETS Totals: 0.00 1,560.07 0.00 0.00 1,560.07
216 Totals: 0.00 1,560.07 0.00 0.00 1,560.07
Report Totals: 0.00 1,560.07 0.00 0.00 1,560.07
GL - Detailed Trial Balance (09/11/2026 - 9:52 AM) Page 1 STAFF REPORT:

Authorization for the Director of Finance to Transfer Measure S Funds to the City's Operating Account for Payment to the Merced County Fire Department Measure S revenues are maintained in a separate account to support expenditures authorized by the measure. The City has an obligation to pay the Merced County Fire Department for fire protection services. Transferring the required funds to the City's Operating Account will allow the payment to be processed through the City's established accounts-payable procedures.

Proposed supporting invoice and payment documentation attached. ... ..

V tri counties bank Statement Ending 08/31/2026
Service With Solutions® CITY OF DOS PALOS

P.O. Box 909, Chico CA 95927 Account Number:200725232
ADDRESS SERVICE REQUESTED Service With Solutions
Speak with a
1-800-922-8742
Banker:

CITY OF DOS PALOS Automated
1-844-822-2447
MEASURE S FUNDS Phone Banking:
2174 BLOSSOM ST
Online Banking: TriCountiesBank.com
DOS PALOS CA 93620-2314
Thank you for banking with Tri Counties Bank!
We appreciate your business.

We would love to hear from you! Please call us, stop by your local branch, or reach out to us on social media. Your feedback is important to us! Call us: 1-800-922-8742
Find a branch near you: TriCountiesBank.com/locations
Follow us on social media:

Overall Balance Summary
Account Type Account Number Ending Balance
Exclusive Comm MMI Images 200725232 $75,093.71
Exclusive Comm MMI Images - 200725232
Account Summary Interest Summary
Date Description Amount Description Amount
08/01/2026 Beginning Balance $21,584.37 Interest Earned From 08/01/2026 Through 08/31/2026 2 Credits) This Period $53,524.34 Annual Percentage Yield Earned 2.00% 1 Debit(s) This Period $15.00 31
08/31/2026 Ending Balance $75,093.71 Interest and/or Reward Paid $50.83 Service Charges $15.00 Interest Paid this Statement Cycle $50.83 $84.17
Electronic Credits
Date Description Amount
08/27/2026 OLB XER FR DDA 000200721627 $53,473.51

MEASURE S
LENDER
NMLS #458732 Member FDIC

CITY OF DOS PALOS

REQUEST FOR PAYMENT
DATE: 09-03-2026
Merced County Fire Department
MAILING ADDRESS:
[ 3500 Apron Avenue
Atwater, Ca 95301
Account Number Amount Description
10040-52910 $ 21,566.03 Measure S Tax- May 2026
$53,473.51 Measure S Tax - 2nd Qtr
Total $ 75,039.54
lua
Approved by Department Head Authorized and Approved

DIRECT DEPOSIT NUMBER

STATE OF CALIFORNIA
99472747

DIRECT DEPOSIT ADVICE
The amount printed on the face of this advice was transmitted to an account al bank i 121135045 from the RETAIL SALES TAX
08 26 26

DOLLARS CENTS
S***53473.51
472747

DOS PALOS T&U MEASURE S NOT NEGOTIABLE

DIRECTOR OF FINANCE
D11
2174 BLOSSOM ST

PAYEE IDENTIFICATION

DOS PALOS CA NUMBERS)
93620-2314
MALIA M. COHEN
When changing accounts or financial institutions, notify your retirement system or agency accounting office immediately. Da not close your old account until you have received your CALIFORNIA STATE CONTROLLER first payment in your new account.

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

STATEMENT OF DISTRICT TAX DISTRIBUTION
DATE: 8/20/2026 FOR THE PERIODS SHOWN BELOW
JURIS CODE: D11
PAYEE: DOS PALOS T&U MEASURE S

DIRECTOR OF FINANCE
TOTAL DUE 2ND QTR 26 92,633.93
PRIOR CREDITS 0.00
PRIOR DISTRIBUTIONS 2ND QTR 26 4,530.42-
PRIOR ADVANCES 2ND QTR 26 34,200.00-
COST OF ADMIN 430.00-
-
BALANCE 2ND QTR 26 53,473.51
TOTAL PAYMENT 53,473.51
TOTAL DUE BREAKDOWN BY PERIOD:

DISTRIBUTION PRIOR TO 4TH QUARTER 2025 0.00
DISTRIBUTION 4TH QUARTER 2025 345.83
DISTRIBUTION IST QUARTER : 2026 3,791.60
DISTRIBUTION 2ND QUARTER 2026 88,496.50
DISTRIBUTION 3RD QUARTER 2026 0.00
TOTAL DUE (AS ABOVE) 92,633.93

IF YOU HAVE ANY QUESTION PLEASE CONTACT CDTFA
LOCAL REVENUE BRANCH BY PHONE AT (916) 324-3000 OR MAIL:

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
LOCAL REVENUE BRANCH, MIC: 27
PO BOX 942879, SACRAMENTO, CA 94279-0027

STATE OF CALIFORNIA DIRECT DEPOSIT NUMBER
99023831

DIRECT DEPOSIT ADVICE
The amount printed on the face of this advice was transmitted to an account at bank 121135045 _ from the RETAIL SALES TAX
07 24 26

DOLLARS CENTS
$*×*21566.03
023831

DOS PALOS T&U MEASURE S NOT NEGOTIABLE

DIRECTOR OF FINANCE
D11
2174 BLOSSOM ST

DOS PALOS CA PAYEE UMBERISATION
93620-2314
MALIA M. COHEN
When changing accounts or financial institutions, notify your retirement system or agency eccaunting office immediately. Do not ciose your old account until you have received your CALIFORNIA STATE CONTROLLER first payment in your new account.

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

STATEMENT OF DISTRICT TAX DISTRIBUTION
DATE: 7/20/2026 FOR THE PERIODS SHOWN BELOW
JURIS CODE: D11
PAYEE: DOS PALOS T&U MEASURE S

DIRECTOR OF FINANCE
CURRENT DISTRIBUTIONS MAY 2026 3,366.03
CURRENT ADVANCE MAY 2026 18,200.00
PRIOR CREDITS 0.00
BALANCE MAY 2026 21,566.03
TOTAL PAYMENT 21,566.03
TOTAL DUE BREAKDOWN BY PERIOD:

DISTRIBUTION PRIOR TO 4TH QUARTER 2025 0.00
DISTRIBUTION 4TH QUARTER 2025 220.48
DISTRIBUTION IST QUARTER 2026 2,314.55
DISTRIBUTION 2ND QUARTER 2026 831.00
DISTRIBUTION 3RD QUARTER 2026 0.00
TOTAL CURRENT DISTRIBUTIONS (AS ABOVE) 3,366.03

IF YOU HAVE ANY QUESTION PLEASE CONTACT CDTFA
LOCAL REVENUE BRANCH BY PHONE AT (916) 324-3000 OR MAIL:

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
LOCAL REVENUE BRANCH, MIC: 27
PO BOX 942879, SACRAMENTO, CA 94279-0027
Staff Report:

Closure of the City's Westamerica Account
To request authorization for the Director of Finance to close the Westamerica Bank account and issue payment in the amount of $544.77 to satisfy the account's outstanding overdrawn balance.

The Westamerica Bank account became overdrawn when an automatic payment was withdrawn by Pitney Bowes, the City's postage vendor. The matter with Pitney Bowes has been resolved.

Westamerica Bank has reversed all bank fees associated with the overdraft, leaving an outstanding balance of $544.77.

The account statement is attached for review.

Staff recommends that the City Council authorize the Director of Finance to:

1. Issue a check in the amount of $544.77 to pay the outstanding balance on the Westamerica Bank account; and

2. Close the Westamerica Bank account after the payment has cleared and the account balance is zero.
** WESTAMERICA BANK
DATE DESCRIPTION TRANSACTION DESCRIPTION DEBIT CREDIT CUST. REF. / CHECK NUMBER RUNNING BALANCE FEE REVERSAL [1 5.00
09/04/2026 Deposit (544.77)
FEE REVERSAL [| 20.00
09/04/2026 Deposit (549.77)
FEE REVERSAL [/ 20.00 (569.77)
09/04/2026 Deposit
E 35.00
09/04/2026 Deposit NSF/OD FEE REVERSAL (589.77)
09/02/2026 ACH Debit ONSITE PLUS ITEM CHG/FIRST 200 0.50 (624.77) 09/02/2026 ACH Debit ONSITE BANKER PLUS ADDL ACCT FEE 5.00 (624.27) 09/02/2026 ACH Debit ONSITE BANKER ACH USAGE CHG 20.00 (619.27) 09/02/2026 ACH Debit ONSITE BANKER PLUS BASIC FEE 20.00 (599.27) 09/02/2026 ACH Debit OVERDRAFT FEE 35.00 (579.27)
09/01/2026 ACH Debit EPX FE 034898595 | MERCH SET | CITY OF DOS PALOS | 138.82 (544.27) 3130034898595
09/01/2026 ACH Debit PITNEY BOWES | POSTEDGE | MANUELA SOUSA | 23017627 1,000.00 (405.45) CHECK [/ 48,698.82
08/19/2026 Check Paid 26425 594.55
[1 278,519.47
08/19/2026 Check Paid CHECK 26426 49,293.37
14,658.92
08/18/2026 Check Paid CHECK 26424 327,812.84
RESOLUTION 2026-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS

APPOINTING TO SERVE THE REMAINING TERM OF

VACANT COUNCILMEMBER SEAT
WHEREAS, the City of Dos Palos has a vacancy on the City Council due to the resignation of a Councilmember; and
WHEREAS, the City Council has two Councilmember elects that will fill seats on the Council at the upcoming transition to new terms of office just a few months from now; and WHEREAS, the City Council feels that it would be in the best interest of the City to appoint one these Councilmember elects to the now vacant seat.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOS PALOS, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The recitals above are true and correct and incorporated herein by this reference.

City Counci seat for the pointier of the unexpired term of that seat. Appointment. _ is hereby appointed to the vacant PASSED, APPROVED AND ADOPTED this 15th day of September, 2026.

Mayor, Katy Reed
ATTEST:

City Clerk, Tracy Mosby
APPROVED AS TO FORM:

Phillip Hall, City Attorney

CITY OF DOS PALOS )

COUNTY OF MERCED

STATE OF CALIFORNIA )
I, Tracy Mosby, City Clerk of the City of Dos Palos, California, do hereby certify that the foregoing Resolution No. 2026-09 was duly passed and adopted by the City Council of the City of Dos Palos at the regular meeting thereof, held on the 15th day of September, 2026, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk, Tracy Mosby
RESOLUTION 26-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS

APPOINTING BEN GALLEGOS AS THE CITY MANAGER AND APPROVING A

CITY MANAGER EMPLOYMENT AGREEMENT
WHEREAS, it is the desire of the City Council of the City of Dos Palos ("City Council") statmal an the viys Municipal Code sition of City Manager, which position is prescribed by WHEREAS, based on Ben Gallegos executive and administrative qualifications and ability, the City Council desires to employ him to serve as the City Manager for the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOS PALOS, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The recitals above are true and correct and incorporated herein by this reference.

Section 2. Salary and Benefits. Ben Gallegos is appointed to be the City Manager of the City of Dos Palos, with a start date of , 2026 at an initial base salary of $188,000 annually. He will receive sick, vacation and holiday leave in the same manner as City Management Employees with an additional 80 days of administrative leave added thereto.

Notwithstanding the foregoing, he shall be provided full coverage of premiums for medical, dental and vision health insurance for him and his immediate family with no out of pocket costs.

Section 3. The Employment Agreement between the City and Ben Gallegos, which is attached hereto and incorporated in this staff report for this September 15, 2026 City Council meeting agenda item, is hereby approved. The Mayor is authorized to execute the employment agreement on behalf of the City.

PASSED, APPROVED AND ADOPTED this 15th day of September, 2026.

Katy Reed, Mayor
ATTEST:

Tracy Mosby, City Clerk
APPROVED AS TO FORM:

Phillip Hall, City Attorney

CITY OF DOS PALOS )

COUNTY OF MERCED

STATE OF CALIFORNIA
1, → City Clerk of the City of Dos Palos, California, do hereby certify that the foregoing Resolution No. was duly passed and adopted by the City Council of the City of Dos Palos at the regular meeting thereof, held on the 15th day of September, 2026 and was signed by the Mayor of the said City, and that the same was passed and adopted by th following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_ City Clerk

CITY OF DOS PALOS

AT-WILL CITY MANAGER

EMPLOYMENT AGREEMENT
This AT-WILL CITY MANAGER EMPLOYMENT AGREEMENT ("Agreement") is entered into and made effective the 15th day of September, by and between the CITY OF DOS PALOS, a general law city and municipal corporation ("City") and Ben Gallegos, an individual

RECITALS
WHEREAS, it is the desire of the City Council of the City of Dos Palos (hereinafter the "City Council") to employ an individual to serve in the position of City Manager, which position is prescribed by state law and the City's Municipal Code; and Establishing city Calitoria overn ends sil dion 41 provided dut as orinance manager; and
WHEREAS, the powers and duties of the city manager of the City are set forth the City's Municipal Code; and
WHEREAS, based on Employee's executive and administrative qualifications and ability, the City Council desires to employ Employee to serve as the city manager for the City; WHEREAS, Employee desires to perform and assume responsibility for the provision of city manager services to the City; and
WHEREAS, the parties wish to establish the terms and conditions of Employee's provision of city manager professional services to the City through this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Employee hereby agree as follows:

AGREEMENT

1.0 EMPLOYMENT & DUTIES

1.1 perform the functions and duties of the city manager, as specified in the job description attached hereto as Exhibit "A." the City's Municipal Code, and in the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time-to-time, direct or assign. Employee shall devote their best efforts 01225.0004 797198.9
Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of city manager will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time-to-time (currently 8:00 a.m. to 5:00 p.m., Monday through Friday), and will also often require the performance of necessary services outside of normal business hours.

Notwithstanding the foregoing, the City will permit Employee such reasonable "time off" as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee's compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for Other Activities. Employee shall focus their professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of city manager.

Employment Status. Upon appointment to the city manager position, Employee shall serve at the will and pleasure of the City Council and understands that they shall be an "at-will" employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so-called due process pre-disciplinary "Skelly" hearing. The City may terminate Employee at any time in accordance with Section 3.4 below.

City Documents. All data, studies, reports and other documents prepared by Employee while performing their duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use.

All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of their duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

Exclusion from Personnel System. Employee understands,
acknowledges and agrees that they are exempt from the City's personnel system and personnel 2 1.7 FLSA Exempt Status. Employee agrees that their position is that of an exempt employee for the purposes of the Fair Labor Standards Act.

Council Commitments. Employee will be responsible to the City Council and will take official direction only when the Council is duly constituted. The City Council and its members will deal with the administrative services of the City only through Employee, except for the purpose of inquiring into the results of the operational activities. Any inquiring into the administration, policy or procedures of a department will be done through Employee; neither the City Council nor any members thereof shall give orders to any subordinates of Employee. No member of the City Council will order the appointment or removal of any person to any office or employment under the supervision and control of the position of city manager.

2.0 COMPENSATION AND REIMBURSEMENT
Compensation. For the services rendered pursuant to this Agreement, Employee's initial base annual compensation shall be One Hundred Eighty-eight Thousand Dollars ($188,000.00) annually ("Salary"), which shall be paid on a pro-rated basis at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers' compensation, and other payroll-related liability costs as determined by the City. In addition the Employee shall receive sick, vacation and holiday leave in the same manner as City Management Employees with an additional 80 days of administrative leave added thereto and they shall be provided full coverage of premiums for medical, dental and vision health insurance for him and his immediate family with no out of pocket costs.

2.2 Annual Salary Review. The City Council and Employee agree to conduct an annual salary review concurrently with the annual performance evaluation set forth in Section 5.2. Following the annual performance review, the City Council may increase the Employee's salary. Any action to approve an increase must be approved by a majority vote of the Council at an open public meeting. The City Council and/or the Employee reserve the right to defer or refuse any or all part of any base salary adjustment if either party determines that the fiscal state of the City warrants such action.

2.3 Cost of Living Adjustment. City agrees to provide a cost of living adjustment ("COLA") in Employee's base salary in a percentage equal to and effective at the same time as COLAs provided to all Management Employees of the City, beginning in the 2027 calendar year.

3.0 TERM

3.1 Commencement & Effective Date. Employee shall commence their services hereunder at 12:01 a.m. Pacific daylight savings time on , 2026 or such earlier date upon which the City Council and Employee may mutually agree, in either event such date will also be deemed the effective date of this Agreement ("Effective Date").

3.2 Term. This Agreement shall remain in effect from the Effective Date specified at Section 3.1 for a duration of three (3) years, with one (1) year guaranteed 3 3.3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Council with at least ninety (90) days' advance written notice prior to the effective date of termination, unless a shorter period is acceptable to the City Council. In the event Employee terminates this Agreement, Employee expressly agrees that they shall not be entitled to any severance pay.

Termination by City. The City Council may terminate this Agreement at any time with or without cause, by providing written notice of the reasons(s). The City Council's right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City's Personnel Rules or past City practices related to the employment, discipline or termination of the City's employees. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of city manager. Upon appointment to the city manager position, Employee remains an at-will employee serving at the pleasure of the City Council.
(a) Termination by City for Cause. The City Council may terminate this Agreement for cause at any time by providing Employee with five (5) business days' written notice of the termination for cause and the facts and grounds constituting such cause. In such event, City shall, if desired by Employee, afford Employee a public name-clearing hearing before Council. Request for a name clearing hearing shall be made to the City Clerk within seven (7) days of Employee's receipt of notice of termination. For purposes of this Agreement, the term "cause" shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Résumé fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law, 6) Corrupt or willful misconduct in office, 7) Violation of the City's anti- harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the City's Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City's Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Council, 12) Gross misfeasance or gross malfeasance, 13) "abuse of office or position" as defined in Government Code §53243.4 (i.e.., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption), or 14) any similar cause. For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, then the City shall have no obligation to pay severance.
(b) Termination by City Council Without Cause. The City Council may terminate Employee at any time without cause but rather based upon management reasons, including but not limited to: (i) change of administration, or (i) incompatibility of management styles. In the event Employee is terminated without cause, Employee expressly agrees that they 4 shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.

3.5 Waiver of Certain Discipline and Termination Rights. Employee expressly waives any rights afforded under City's personnel system or policies, and any rights afforded to Employee under the Municipal Code or under any State or Federal law, including Government Code §§ 54950 et seg. ("Brown Act"), to any form of pre- or post- discipline or ermination hearing, appeal, or other administrative process pertaining to discipline o ermination, except those rights Employee may have under the California or United States constitutions to a name-clearing hearing.

4.0 SEVERANCE

4.1 Severance Pay. Following the guaranteed first year, if the Council terminates Employee without cause after the first year of service, the City shall pay to Employee severance in an amount equal to their monthly base salary (as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by three (3), less applicable deductions and excluding deferred compensation or the value of any other benefits.

Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the three (3) months provided in this Section.)

4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above.

4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard "Agreement of Separation, Severance, and General Release" attached hereto in form only as Exhibit "B."

5.0 PERFORMANCE EVALUATIONS

5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.4 above), nor shall this Section 5.0 be 5 construed as requiring "cause" to terminate this Agreement, or the services of Employee hereunder.

5.2 Annual Evaluation. The City Council shall review and evaluate the performance of Employee annually in June of the first year of the term of this Agreement (i.e.

June 2027) and thereafter in July of each year beginning in July 2028. In addition, Employee shall submit for the City Council's consideration, by November of the year prior to the evaluation, Employee's proposed annual performance goals and objectives and incorporate the City Council's suggestions. Such review and evaluation shall be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5.1 above.

5.3 Written Summary. The City Council may, at its sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process, and may, at its discretion, schedule at least one (1) closed personnel session with Employee to deliver and discuss the evaluation.

6.0 BENEFITS
Leaves. During the term of this Agreement, Employee shall accrue vacation, sick, management and floating holiday leave at the same rates as provided to the City's Management Employees. In addition, the Employee shall receive eighty (80) hours of administrative leave per year.

PERS. Employee is a "classic" member of CaPERS and shall continue to participate in the City's 2.7% at 55 formula. The employee contribution shall be paid by Employee.

6.3 Equivalent Benefits to Executive Management Employees. Except as specifically provided herein, Employee shall be entitled to the same benefits provided to the City's Management Employees. However, Employee shall not be eligible for any benefits provided to the Management Employees for which the position of City Manager is specifically excluded from eligibility.

7.0 PROFESSIONAL DEVELOPMENT

7.1 Membership. The City encourages Employee's continued professional development and shall provide payment of appropriate related costs for such activities, including membership in relevant professional organizations, as approved by the City Council.

7.2 Out-of-Town Meetings & Seminars. The City agrees to reimburse Employee the actual cost for registration, travel, lodging, meals, and other expenses incurred by Employee while attending overnight, out-of-town meetings or seminars related to her employment with the City, in accordance with the City's policies for expense reimbursement.

Moreover, to be eligible Employee must have budgeted funds available for same; provided, however, that the City Council may, in its sole discretion, approve such unbudgeted expenditures if it deems it in the best interests of the City.

7.3 Local Meetings & Seminars. The City agrees to reimburse Employee the actual cost of registration, meals, and other expenses necessarily incurred while in attendance at local meetings or seminars related to their employment with City in accordance with the City's policies for expense reimbursement.

8.0 BONDS AND INDEMNIFICATION

8.1 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee's services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.

8.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee's services under this Agreement.

9.0 GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee's employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.

9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require approval by the affirmative vote of at least three (3) members of the Council in open session at a regular meeting of the Board.

Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City: To Employee:

City of Dos Palos
Attention: City Clerk [On file with Human Resources Dept.] Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 7 9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. Whenever any potential conflict arises or may appear to arise, the obligation shall be on Employee to seek legal advice concerning whether such conflict exists and Employee's obligations arising therefrom.

9.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, not shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.

9.8 Mandatory Government Code Provisions. Government Code §§ 53243 - 53243.4 require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of their office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. "Abuse of office or position" defined.
8 Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit "A".

Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

IN WITNESS WHEREOF, the City of Dos Palos has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF DOS PALOS
_ Mayor
ATTEST:
, City Clerk
APPROVED AS TO FORM:

Phillip Hall, City Attorney

EMPLOYEE
Ben Gallegos
9 EXHIBIT "A"
GOVERNMENT CODE SECTION 53243-53243.4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243.4. For purposes of this article, , "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67), Title 6 (commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code. 01225.0004 797198.9
EXHIBIT "B"

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the "AGREEMENT") is entered into by and between the City of Chino, a general law city and municipal corporation (hereinafter referred to as "THE CITY"), and Ben Gallegos, an individual (hereinafter referred to as "EMPLOYEE").

2. RECITALS

2.1. EMPLOYEE was hired by THE CITY as an at-will City Manager effective , 2026 serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit "A" ("THE CONTRACT"). EMPLOYEE is currently _ years old.

2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE's voluntary separation as of _ → _ This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE's employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE's post- employment rights, including but not limited to, EMPLOYEE's rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), the Employee Retirement Income Security Act of 1974 ("ERISA"), and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

CONSIDERATION

3.1 EMPLOYEE shall receive payment at the time of their voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.

3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of cents (S 00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE's home address via certified mail return receipt requested within thirty (30) business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT.
01225. 0004 7971989

3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE's spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as "THE CITY PARTIES"), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at anytime from the beginning of time up to and including (hereinafter referred to collectively as "CLAIMS"), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law.

EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §812, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation.

SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the "ADEA") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the "OWBPA," 29 U.S.C. § 626, et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that they knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights they may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that they have been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
(a) This waiver/release is written in a manner understood by EMPLOYEE; 2 (b) EMPLOYEE is aware of, and/or has been advised of, their rights under the ADEA and OWBPA, and of the legal significance of their waiver of any possible claims they currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights they may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of their own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that they should consult with an attorney prior to executing this AGREEMENT;
EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, their counsel of choice, and that they do not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following their execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, "I hereby revoke my acceptance of our Agreement of Severance and General Release;" and This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE's execution ("EFFECTIVE DATE'").

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
"General Release--Claims Extinguished"
"A general release does not extend to claims that the creditor or eleasing party does not know or suspect to exist in his or her favor a he time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party."
EMPLOYEE hereby waives the protection of California Civil Code section 1542.

WAIVER OF ADDITIONAL CLAIMS
3 EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.

7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT.

This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities 4 sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that they shall be exclusively liable for the payment of all taxes for which they are responsible, if any, as a result of their receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during their employment. Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.

7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of their employment with THE CITY.

7.9 No Pending Claims and/or Actions: EMPLOYEE represents that they have not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that they will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever of where ever filed, they will request such agency or court to withdraw from the matter forthwith.

7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.
5 8. MISCELLANEOUS

8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.

Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

As to EMPLOYEE:

At EMPLOYEE's home address on file with THE CITY.
6 As to THE CITY:

City of Dos Palos
Attention: City Clerk
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

DATED: EMPLOYEE
By:

Ben Gallegos

THE CITY
DATED: By:

Mayor
ATTEST:

City Clerk
APPROVED AS TO FORM:

By:
_ City Attorney
[EMPLOYEE's LAW FIRM]
By:
[Counsel]
QKI
MEMO
Date: September 9th, 2026 Project No.: 260013 /
To: City Council
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 Operation of the New Water Plant has been taken over by City Staff and is producing potable water to the standards of the State Water Board requirements. The City Staff continue to operate the Plant and provide data on the operations to the State Water Board Staff. The Contractor has completed all but one of the tie-in's. The New Water plant switched over to the Distribution System on September 1st, The Contractor is starting on the Demolition of the Old Water Plant.

Slide #3 - Training - The City Staff Continues to receive training from the Package Plant manufacturer on the operations during this time of live testing. State Water Board Staff reviewing the operations and setting data information to provide for plant approval Slide #4 - Operations testing and review of sampling points for water quality data.

Slide #5 - Installation of the tie-in near the elevated storage tank. Contractor cutting the existing pipeline to make the cross over connection.

Slide #6 - Contractor setting in the cross over connection for water supply from the new water plant into the storage tanks.

The Screen replacement for the Intake - The Screen installation was attempted on September 9t, but due to a coating item and equipment arrangements the installation is being rescheduled.

Prop 218 Rate Study Funding - QK staff has submitted the application for funding and developed a scope of services, along with a timeline. The State Water Board financial staff has pointed out tha the ability to receive the grant funds is that a monthly utility rate be in place that addresses the funding needs for the operation of the new facility. State Water Board Staff will fund the Water portion of the rate study and QK staff has submitted a funding request for both water and sewer. 2816 Park Avenue • Merced, Callfornia 95348 • Tel (209) 723-2066 • Fax (559) 733-7821 www.akinc.com
.......

QK
MEMO PAGE 2 OF 2
Syserco Energy Solutions Solar Project Update/Status:

Contract Review:

Need to Confirm City has Current Insurance Certificates Current Bonds; Performance/Payment
Establish the Date; Transfer of control to City Staff for WWTP and PD solar fields One (1) Year Warranty
Energy Services Proposal:

See attached Executive Summary for Goals and Tax Credits.

Estimated Savings:

City Hall 2,341/yr
Fire Dept. 1,707/r
Police Dept. $ 39,669/yr
Wastewater Plant $176,730/yr
$220,447/yr
Contractor to provide Pre and Post reports on the electrical audits and photo's of the modifications or new equipment installation.

Solar PV Software - available to City Staff for operation of the solar fields and review of solar production numbers.

Installation of Two (2) Level 2 EV Chargers
One year of Monitoring and Payments Services on the EV Chargers The Construction Inspection on the two (2) Solar field projects has been completed by CSG, along with CSG reports, the approved plans and contract information I plan to review each site and provide a list of items to the Contractor for completion of the project.

Invoice from July $362k-This can be paid with a 10% retention so amount to pay would be $325,640.53
Invoice from August $241k - Being reviewed and no recommendation for payment at this time.

Other iters:

Any changes or updates will be provided at the meeting. 2816 Park Avenue • Merced, California 95348 • Tel (209) 723-2066 • Fax (559) 733-7821 www.qkinc.com
City of Dos Palos
Energy Services Proposal SYSERCO
Executive Summary
The City of Dos Palos (City) selected Syserco Energy Solutions, Inc. (SES), a qualified energy services ompany (ESCO), to develop a City-wide, comprehensive energy services project. The process o leveloping the energy conservation measures (ECMs) for the City involved performing an Investment Grade Audit (IGA) at the majority of the City-owned facilities. The IGA established a historical energy and utility baseline and identified a comprehensive list of ECMs that would provide the best overall value to We are pleased to present the following energy efficiency and facility enhancement project proposal to the City of Dos Palos.

The primary goals of this project are:

1. Reduce energy consumption across City-owned infrastructure.

2. Reduce the City's ongoing utility and operational costs.

3. Reduce overall City greenhouse gas emissions.

4. Upgrade aging infrastructure by improving efficiencies of existing equipment and systems.

5. Create safer and more comfortable conditions for City staff and the public.

The following table is the firm-fixed project cost and estimated utility and operational savings.

Total Project Cost* $5,327,897
Investment Tax Credit (IRA ITC) (Est.) ' ($1,139,874)
Low Income Tax Credit (IRA ITC) (Est.) ' ($379,958) |
PG&E Infrastructure Upgrade Budget? $237,000
Net Project Cost $4,045,065
1 - Values are estimated and not guaranteed
2 - Customer controlled budget for PG&E upgrades included as part of the financing but not included in SES Contract value 30-YEAR CUMULATIVE SAVINGS** = $11,083,640
* Pricing assumes the City Council approves this project at a regularly scheduled public hearing in December, public notice of which is given at least two weeks in advance. Pricing may be subject to change if the approval is delayed.
** Projected energy reduction and cost avoidance figures are calculated based upon existing building occupancy, operation, and stipulated assumptions of performance; assumes future wastewater treatment facility production and expansion plans. All calculations are based upon industry best practices and methodologies. Based on 5% estimated PG&E annual utility cost escalation and 3% operational cost escalation.

Executive Summary 2