City of Ceres
2023/24 Engineer’s Report – 1987 Landscaping and Lighting District C
APPENDIX C - ANNEXATIONS
A listing of the subdivisions and resolutions that authorized the annexations is shown on the following pages.
ITEM 12
1 CITY OF CERES
SUBDIVISIONS AND PARCELS WITHIN
THE 1987 LANDSCAPE AND LIGHTING DISTRICT
Resolution Date Description Recorded
1. 87-125
7/27/87
Rader Estates #2 7/31/87
2. 88-38
2/22/88
Inland Estates 3/16/88
3. 88-76
4/25/88
Riverview Manor 8/04/88
4. 88-83
5/09/88
Burton Estates 5/13/88
5. 88-83
5/09/88
Cherry Glen 5/13/88
6. 88-83
5/09/88
Don Pedro Park 5/13/88
7. 88-83
5/09/88
Glenbrook Park 5/13/88
8. 88-83
5/09/88
Orchard Estates 5/13/88
9. 88-83
5/09/88
Rainbow Village 5/13/88
10. 88-85
5/09/88
Maria Estates 5/13/88
11. 88-99
5/23/88
Carriage Square 7/19/88
12. 88-101
5/23/88
Cortel Estates 6/21/88
13. 88-105
5/23/88
Stonehenge 6/01/88
14. 88-127
6/13/88
Westwood Meadows Unit #1 6/21/88
15. 88-127
6/13/88
Westwood Meadows Unit #2 6/21/88
16. 88-131
6/27/88
Rader Estates #3 8/04/88
17. 88-136
6/27/88
Alpine Meadows Unit #1 8/04/88
18. 88-136
6/27/88
Alpine Meadows Unit #2 8/04/88
19. 88-136
6/27/88
Canyon Creek Estates 8/04/88
20. 88-136
6/27/88
Glenbrook 8/04/88
21. 88-136
6/27/88
Hillview Estates 8/04/88
22. 88-136
6/27/88
Northwoods Estates 8/04/88
23. 88-136
6/27/88
Oakwood Meadows 8/04/88
ITEM 12
2 Resolution
24. 88-136
Date
6/27/88
Description
Pink Estates
Recorded
8/04/88
25. 88-136
6/27/88
Rader Estates 6/27/88
26. 88-136
6/27/88
Terrace Oaks 8/04/88
27. 88-151
7/25/88
Sierra Park 8/02/88
8. 88-190
9/26/88
Riverpark 10/14/88
29. 88-192
9/26/88
Flora Estates 11/23/88
30. 88-194
31. 88-202
9/26/88
10/10/88
Riverbend Heights
(amended)
Harvest Glen
10/26/88
10/14/88
32. 88-204
10/10/88
Bradford Estates 11/07/88
33. 88-206
10/10/88
Whispering Woods 10/14/88
34. 88-208
10/10/88
Del Sol Estates 10/14/88
35. 88-220
10/24/88
Spring Meadows 11/10/88
36. 88-256
12/12/88
Cornish Estates 12/21/88
37. 89-65
1/23/89
Vanderpol Parcel Map 1/31/89
38. 89-68
4/10/89
Lonnie Estates 4/14/89
39. 89-71
4/10/89
Melba Estates 4/14/89
40. 89-108
5/22/89
Inland-Blaker Estates 5/25/89
41. 89-108
5/22/89
Inland-Blaker Estates #2 5/25/89
42. 89-138
7/10/89
Marchick Parcel Map 7/14/89
43. 89-151
7/24/89
Richland Meadows 8/16/89
44. 89-187
9/11/89
Inland-Richland Estates 9/21/89
45. 89-193
9/11/89
Arco Parcel Map 10/24/89
46. 89-202
10/09/89
Alpine Meadows Unit #3 10/16/89
47. 89-202
10/09/89
Alpine Meadows Unit #4 10/16/89
48. 89-204
10/09/89
Farris Estates 10/13/89
49. 89-217
11/13/89
Inland-Hackett Estates 12/14/89
ITEM 12
3 Resolution Date Description Recorded
50. 90-09 2/12/90 Johnson Parcel Map 2/20/90
51. 90-18
2/26/90
Blakemore Parcel Map 3/08/90
52. 90-24
3/12/90
Northwoods II 3/16/90
53. 90-26
3/12/90
Central Estates 6/19/90
54. 90-100
6/25/90
Morgan PM 6/29/90
55. 90-112
7/23/90
Castiglione Estates 8/16/90
56. 90-134
8/13/90
Philmore Estates 8/30/90
57. 90-141
8/27/90
Parks Unit II 9/05/90
58. 90-160
9/24/90
Atlantic Richfield PM 10/04/90
59. 90-198
11/26/90
Reynolds Estates 11/29/90
60. 91-10
1/14/91
Bruno PM 1/25/91
61. 92-04
1/13/92
Plaza Del Rio PM 1/16/92
62. 92-26
2/10/92
Beets PM 3/5/92
63. 92-82
6/08/92
City Hall Block 6/24/92
64. 92-94
7/27/92
Nineveh Estates PM 8/13/92
65. 92-101
8/10/92
Walnut Estates 8/13/92
66. 92-151
11/9/92
Hackett Estates Phase I 11/16/92
67. 93-02
1/25/93
Euro Village Phase I 2/3/93
68. 94-04
1/10/94
Great Valley Bank PM 1/25/94
69. 93-125
9/13/94
Hackett Estates Phase II 10/20/93
70. 94-48
4/25/94
Avery & Hayes 4/29/94
71. 93-111
8/23/93
Euro Village Phase II 8/27/93
72. 94-145
11/28/94
Sweetwater Glen II 1/13/95
73. 94-88
6/27/94
Serenity Estates 6/30/94
74. 94-110
8/8/94
Westpointe Sub. 1 & 2 8/11/94
75. 94-140
11/14/94
California Voyage Phase I 11/18/94
ITEM 12
4 Resolution Date Description Recorded
76. 94-58 5/9/94 Sweetwater Glen 05/23/94
77.94-70
5/23/94
Jacquez Estates
06/07/94
78. 94-147
11/28/94
Highlands/Westpointe/Phase I
12/09/94
79. 95-130
10/25/95
Highlands/Westpointe/Phase II
10/25/95
80. 96-25
2/12/96
Highlands Park
02/21/96
81. 97-95
9/8/97
Boyle Parcel Map
09/12/97
82. 97-104
10/27/97
River Bluffs
11/17/97
83.97-106
10/27/97
Heavenly Estates Phase I
11/19/97
84. 98-17
1/26/98
Donella Estates
01/29/98
85. 98-39
4/27/98
Kingston Estates One
05/04/98
86. 98-41
4/27/98
Northwoods III
05/07/98
87. 98-65
6/22/98
Kingston Estates Two
06/26/98
88. 99-48
5/24/99
Ceres Market Place
06/08/99
89. 99-73
7/12/99
Kingston Estates Three
07/14/99
90. 99-131
11/22/99
Highlands South-Phase I
12/01/99
91. 2000-3
1/10/00
McDonald’s Parcel Map
02/15/00
92. 2000-22
2/28/00
Heavenly Estates - Phase II
03/07/00
93. 2000-31
3/13/00
Agresti Ranch
04/05/00
94. 2000-163
10/09/00
Highlands South-Phase 2
10/12/02
95. 2001-96
06/25/01
Olive Grove @ Westpointe Ph 1
07/10/01
96. 2001-138
08/27/01
Cameron Park II
08/30/01
97. 2001-65
04/23/01
Brown Estates Unit 1*
06/12/01
*Unit 1 is subdivided to Units 2, 3, 4 & 5.
ITEM 12
5 Resolution Date Description Recorded
98. 2001-150 09/10/01 Brown Estates Unit 2 09/21/01
99. 2001-150
09/10/01
Brown Estates Unit 3 09/21/01
100. 2002-61
04/08/02
Cambridge Estates 04/11/02
101. 2002-91
05/28/02
Olive Grove Phase II 06/17/02
102.2002-136
07/22/05
River Ranch 07/26/02
103. 2002-133
07/22/02
Brown Estates #4 & 5 09/11/02
104. 2002-181
09/23/02
Claremont Oaks 10/01/02
105.2005-145
07/25/05
The Corner at Eastgate Unit 3 11/29/05
106. 2002-196
10/14/02
Hacienda Estates 12/20/02
107. 2000-21
02/28/00
Heavenly Estates II 03/07/00
108. 2003-71
04/28/03
Miller Industrial Park 05/07/03
109. 2003-27
02/24/03
Heavenly Estates Phase 3 03/24/03
110. 2003-80
05/12/03
Pinehurst North Unit 1&2 05/30/03
111. 2002-60
04/08/02
Cambridge Estates 2 06/20/03
112. 2003-93
05/27/03
River Heights 07/09/03
113. 2003-84
05/12/03
California Voyage Phase 2 06/06/03
114. 2000-15
07/24/00
Darrah Street - Lois Way to Memorial Drive
115. 2002-217
11/12/02
Pleasant Avenue
116. 2003-82
05/12/03
Kinser Estates 05/21/03
117. 2003-201
10/27/03
Changason Estates 11/04/03
118. 2003-222
11/24/03
Capistrano Unit 1 11/26/03
119.2003-225
11/24/03
Vine Parcel Map 11/26/03
120. 2004-11
01/26/04
Pinehurst South Unit 1 01/28/04
121. 2004-22
02/09/04
Davante Villas 01/27/04
122. 2004-23
02/23/04
Blaker Ranch 03/11/04
123. 2004-36
02/23/04
Claremont Oaks Phase 2 03/10/04
ITEM 12
6 Resolution Date Description Recorded
124. 2004-62 04/26/04 Corners at Eastgate Unit No. 1 05/04/04
125. 2004-49
03/22/04
Pinehurst East at Eastgate 04/22/04
126. 2004-60
04/26/04
Capistrano Unit 2 05/04/04
127. 2004-94
06/28/04
Morgan Manor 07/21/04
128. 2004-117
07/26/04
Central Valley Marketplace 08/06/04
129. 2004-130
130. 2004-165
08/09/04
09/27/04
Pinehurst North at Eastgate Unit No. 2
Units 3&4
Van Horn Subdivision Phase I
08/13/04
10/01/04
131. 2004-200
11/08/04
Corners at Eastgate Unit No. 2 11/16/04
132. 2004-209
11/22/04
River Oaks Estates Unit. No. 2 12/01/04
133. 2005-12
01/24/05
Ortiz Subdivision at Eastgate 01/26/05
134. 2005-107
06/13/05
Bing Cherry Unit 2 06/25/05
135.2005-230
11/14/05
Bing Cherry Unit 1 11/23/05
136. 2005-20
02/14/05
The Enclave 02/18/05
137. 2005-23
02/14/05
Pinehurst South Unit No. 2 02/25/05
138. 2005-38
03/14/05
Decker Parcel Map 03/21/05
139. 2005-59
03/28/05
Veranda at Eastgate 04/13/05
140. 2005-61
03/28/05
Van Horn Subdivision Phase II 04/08/05
141. 2005-88
05/09/05
Ledbetter Parcel Map 05/18/05
142. 2005-212
10/24/05
San Pedro Colony 10/24/06
143. 2005-77
04/25/05
Capistrano Estates #3 05/02/05
144.2005-233
11/14/05
Cherry Hollow 11/16/05
145. 2005-235
11/14/05
Stonum Subdivision 11/22/05
146. 2005-237
11/14/05
Westpointe 4 11/18/05
147. 2005-239
11/14/05
Vernada Estates Unit 2 11/17/05
148. 2006-11
01/23/06
Morgan Road Industrial Park 01/27/06
149. 2006-26
02/13/06
The Corners at Eastgate Unit 4 02/15/06
ITEM 12
7 Resolution Date Description Recorded
150. 2006-36 02/27/06 Rose Village 03/24/06
151. 2006-93
05/22/06
Maxim Estates 06/23/06
152. 2006-95
05/22/06
Green River Estates 05/30/06
153. 2006-97
05/22/06
Tuscany Village 06/08/06
154. 2006-104
06/12/06
San Pedro North Unit No.1 07/21/06
155. 2006-106
06/12/06
Norwood Heights 06/26/06
156. 2006-114
06/26/06
Beckwith Parcel Map 06/27/06
157. 2006-154
08/14/06
Nguyen/Rothbard Parcel Map 08/17/06
158. 2007-11
01/22/07
Hiram Kemp Parcel Map 02/02/07
159. 2007-35
02/26/07
Dow Ranch No. 1 03/07/07
160. 2006-214
11/27/06
CW Enterprise Parcel Map 06/27/06
161. 2007-122
06/25/07
Sequeira Parcel Map 06/29/07
162. 2007-123
06/25/07
Morad Parcel Map 06/29/07
163. 2007-169
08/27/07
San Pedro North Unit#2 09/13/07
164. 2007-197
10/08/07
B & D United Builders 10/23/07
165. 2007-196
10/08/07
Shuman Parcel Map
166. 2007-209
11/13/07
Singh Parcel Map 11/20/07
166. 2011-47
4/11/11
Dow Ranch 2 05/16/11
ITEM 12
ITEM 12
ATTACHMENT C
{CW127173.1}
City of Ceres
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on June 26, 2023, at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following: An Ordinance of the City Council of the City of Ceres intention to levy and collect assessments within the 1987 Landscape and Lighting district for fiscal year 2023-2024.
The Ceres City Council will consider the intention to levy and collect the proposed annual assessments within the 1987 Landscape and Lighting district as recommended in the Engineer’s Report For Fiscal Year 2023/24. The assessments are generally used to improve and/or maintain street lighting, street, median, and right-of-way landscaping, and park areas identified in the Engineer’s Report. All assessments are the same, or lower than, the previous year, having only been adjusted by an inflation rate that was voted on by the property owners, therefore Proposition 218 does not apply.
An Annual Report containing a full and detailed description of the Improvements, the boundaries of the Assessment District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District is on file with the City Clerk as required by the Landscape and Lighting Act of 1972.
All Interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.
Further information on the above hearing may be ob tained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.
If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.
/s/ Fallon Martin, City Clerk
Date Notice Posted: June 14, 2023
ITEM 12
ITEM 12
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 24, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778
SUBJECT: Ordinance No. 2023 -XXX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend the
Regulations Related to Food Trucks
RECOMMENDED COUNCIL ACTION:
Staff recommends Council approve the first reading and introduction of Ordinance No 2023 - XXX, reading by title only, waiving further reading, an ordinance of the City of Ceres amending Title 5, Business Licenses and Regulations , Chapter 10, Mobile Food Vending from Motor Vehicles, of the Ceres Municipal Code to amend the regulations related to food trucks, including the following:
1. Removing the limit of 10 food trucks and distance buffers from other uses;
2. Describing the various types of Mobile Food Vendors and designating their approval authorities;
3. Clarifying the definitions used;
4. Increasing single food truck permit terms from 1 year to 5 years;
5. Allowing limited tables, tents, and seating;
6. Prohibiting music except at approved Special Events;
7. Requiring lavatories within 200 feet;
8. Clarifying the property owner's ability to revoke authorization and cause the permit to be revoked;
9. Limiting food trucks in Downtown Ceres; and,
10. Other miscellaneous amendments.
I. BACKGROUND:
Until 2018, Mobile Food Vendors (food trucks) were generally not al lowed in Ceres. The City Council adopted an ordinance and policies permitting them on October 8, 2018. The original action allowed for a trial or “pilot” period to observe and determine the feasibility of the regulations. The pilot period was extended by C ouncil action on August 26, 2019 ITEM 13
for a period of 12 months. Due to the onset of the COVID-19 pandemic and staff turnover, the pilot period expiration date passed and the food truck program continued under existing rules and policies.
II. REASONS FOR RECOMMENDATION:
1. Removing the limit of 10 food trucks and distance buffers from other uses One of the original limitations put in place by the City Council was a maximum limit of ten (10) total food truck locations for daily operations. Since 2021, the numb er of permitted food trucks has been at the cap. Staff began keeping a list of interested parties that are waiting for an opening on the list of 10 permits. The current waiting list contains an additional 17 individuals. Since this waiting list continues t o grow, staff has evaluated the issues involved with keeping the limit.
Numerous issues are created by the limit of 10, including the following:
a. Free market forces are restrained, and businesses are prohibited from opening or expanding, thus limiting the City’s commercial growth, decreasing the availability of food options for residents and travelers, creating a monopoly for those that hold existing permits, and stifling job opportunities. b. Individuals on the waiting list face economic uncertainty in the process as they approach the “front of the line” and must immediately schedule the acquisition of equipment and health permits to avoid causing further delays for those waiting “behind them in line”.
c. Staff resources are being spent on time -consuming enforcement efforts to prove whether a food truck permit is being actively used and revoking inactive permits to clear room on the list of 10 permits.
During the community meetings, there were some suggestions (see attached comments) from the communi ty to increase the limit to a number greater than 10.
However, the above issues w ill remain if the limit persists. Therefore, staff proposes removing the limit.
The currently required distance buffers are 1,000 feet between food trucks, and 350 feet between food trucks and either parks or enclosed restaurants. These distance buffers create similar issues in restraining free market forces. According to public comments received, the grea test non-governmental hinderance for opening a food truck business is finding a non-residential property owner that is willing and able to support the food truck on site with appropriate lavatory and parking facilities. There is therefore a natural limitat ion on feasible locations for food trucks based on the requirement for lavatory and parking facilities. Staff recommends removing the distance buffers considering that such buffers do not exist for any other type of business (for example, between fast food buildings) and given the natural limitation of feasible locations for food trucks.
2. Describing the various types of Mobile Food Vendors and designating their approval authorities
Currently, the regulations for food trucks is contained in the Ceres Municipa l Code and a policy document (see the attached Itinerant Restaurant Standard Conditions of ITEM 13
Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits). Staff proposes to incorporate the key regulations from the policy document into the Municipal Code and only use the Municipal Code going forward in order to have all regulations in a single document for clarity and ease of use.
Therefore, clarifications were added to the Municipal Code to identify four types of Mobile Food Vendor Permits. See the attached draft Ordinance for details.
3. Clarifying the definitions used
Staff received community feedback to clarify the definitions used in the proposed ordinance, including vehicle, motor vehicle, trailer, trailer coach, and mobile fo od vendor. Staff therefore used definitions from the State Vehicle Code.
4. Increasing single food truck permit terms from 1 year to 5 years Through researching neighboring cities, staff found that the City of Modesto issues food truck permits on a 5 -year basis. Based on the positive outcomes of food truck operations during the pilot period, staff agrees with this approach and proposes single- food truck permits to expire on December 31 on the fourth year following approval.
For example, a food truck permit iss ued on September 3, 2023 would expire December 31, 2027. In this way, the City of Ceres would allow up to 5 years for the food truck permit length. There would thus be greater regional permitting consistency.
Additionally, these small businesses would have more economic certainty to plan for their growth and stability in Ceres.
5. Allowing limited tables, tents, and seating
While gathering public comments at the community meetings, s taff received two opposing views regarding customer seating and shade tents: These items are either an aesthetic nuisance or they are an important business component in attracting customers. Through researching neighboring cities, staff found that both Modesto and Turlock allow up to two small tables with accompanying shade tents. Staff recommends allowing the same options for Mobile Food Vendors in Ceres in order to help them remain competitive in our region.
6. Prohibiting music except at approved Special Events
In order to mitigate potenti al ongoing noise issues, staff recommends only allowing live or amplified music at food trucks when there is an approved Special Use Event.
7. Requiring lavatories within 200 feet
Requiring lavatories within 200 feet was a regulation found only in the policy and not in the Ceres Municipal Code. Staff recommends including this important regulation in the Municipal Code.
8. Clarifying the property owner's ability to revoke authorization and cause the permit to be revoked
Staff recommends clearly stating in the Municipal Code that if the property owner that originally authorized a food truck decides to discontinue that authorization, then the City would acknowledge the property owner’s wishes by revoking the Mobile Food ITEM 13
Vendor permit at that location. This pro cedure was implied but not clearly stated previously.
9. Limiting food trucks in Downtown Ceres
Staff received several comments at the community meetings requesting the prohibition of food trucks that may compete with community events in Downtown Ceres such a s the Ceres Street Faire. The Ceres Street Faire Committee requires food vending participants to partner with local nonprofits for fundraising purposes.
Accordingly, staff recommends a prohibition on food truck permits in Downtown Ceres during the Street Faire event.
10. Other miscellaneous amendments
Other miscellaneous amendments, such as trash receptacles, lighting , and signage, are included in the attached draft ordinance.
III. FISCAL IMPACTS:
The proposed ordinance amendment is not anticipated to cause any fiscal impact on the City.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
Mobile Food Vendors provide the opportunity for a vibrant, livable community through increased cultural dive rsity in food options, and increase small business attraction and entrepreneurism. These opportunities coincide with strategic goals #2 and #3.
V. POLICY ALTERNATIVES:
As alternatives to amending the ordinance, the Council could decide to:
1. Leave the existing Mobile Food Vendor ordinance and policies in place as they currently exist by accepting the pilot program as permanent, or
2. End the Mobile Food Vendor pilot program by repealing the Mobile Food Vendor ordinance, thus banning existing and future Mobile Food Vendors.
VI. INTERDEPARTMENTAL COORDINATION:
City staff and the City Attorney were consulted in the preparation of this proposal.
VII. PUBLIC PARTICIPATION:
Staff facilitated two community meetings held on April 26, 2023 and June 21, 2023 to solicit public comments and questions about updating the City’s ordinance regarding food trucks. These community meetings were noticed and facilitated in both English and Spanish languages to encourage a wider reach and response. Through this community engagement, ideas were shared and staff developed the proposed amendments based on community feedback, comparisons to neighboring cities, and professional j udgment.
ITEM 13
Thus, staff believes that the proposal achieves mutual goals. The public is also encouraged to provide input at the July 10, 2023 City Council meeting.
VIII. ENVIRONMENTAL REVIEW:
This proposal was reviewed pursuant to the California Environmental Quality Act (CEQA).
Per CEQA Section 15061(b-3), the proposed text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty tha t there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Thus, amending the applicable section of the Ceres Municipal Code as proposed is not subject to CEQA.
IX. STEPS FOLLOWING APPROVAL:
The City Council will consider approval of the second reading and adoption of the Ordinance at a later meeting of the City Council.
Approved by: _____________________
Douglas D. Dunford
Interim City Manager
Attachments:
1. Attachment A – Ordinance
2. Attachment B – First Community Meeting Comments April 26, 2023
3. Attachment C – Second Community Meeting Comments June 21, 2023
4. Attachment D – Itinerant Restaurant (Mobile Food Vendor) Standard Conditions of Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits
5. Attachment E – Public Hearing Notice
ITEM 13
ITEM 13
ATTACHMENT A
ORDINANCE NO. 2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING CHAPTER 10, MOBILE FOOD VENDING FROM MOTOR VEHICLES OF TITLE 5,
BUSINESS LICENSES AND REGULATIONS, OF THE CERES MUNICIPAL CODE
TO AMEND THE REGULATIONS RELATED TO FOOD TRUCKS
WHEREAS, the City Council of the City of Ceres, State of California, has considered said proposal for an Ordinance Amendment to modify Chapter 5.10 of the Ceres Municipal Code, Mobile Food Vending from Motor Vehicles, to amend the regulations related to food trucks, including removing the limit of 10 food trucks and distance buffers from other uses, describing the various types of Mobile Food Vendors and designating their approval authorities, clarifying the definitions used, increasing single food truck permit terms from 1 year to 5 years, allowing limited tables, tents, and seating, prohibiting music except at approved Special Events, requiring lavatories within 200 feet, clarifying the property owner's ability to revoke authorization and cause the permit to be revoked, limiting food trucks in Downtown Ceres, and other miscellaneous amendments; and,
WHEREAS, the Community Development Department held community meetings on Apri l 26, 2023 and June 21, 2023 to solicit public feedback on this code, and considered all testimony and comments presented whether orally or in writing; and,
WHEREAS, the Community Development Department , in making a recommendation to the City Council to amend this code, found that t his proposed Ordinance Amendment is consistent with the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b- 3), the proposed amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Amending the applicable section of the Ceres Municipal Code as proposed will not have any significant effect on the environment, and therefore, the proposal is not subject to CEQA.
NOW, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AND AMEND CHAPTER 10, MOBILE FOOD VENDING FROM MOTOR VEHICLES, OF TITLE 5, BUSINESS LICENSES AND REGULATIONS, OF THE CERES MUNICIPAL CODE, IN ITS ENTIRETY:
CHAPTER 10 M
OBILE FOOD VENDORSING FROM MOTOR VEHICLES
5.10.010 Purpose.
The purpose of this chapter is to establish a permitting and regulatory program for m
obile food vendors operating from motor vehicles, vehicles, trailers, and/or trailer coaches as defined in the California Vehicle Code. The provisions of this chapter allow the City to encourage small business activities while still permitting regulation and ITEM 13
enforcement of unpermitted mobile food vending activities to protect the public's health, safety, and welfare.
5.10.020 D efinitions. "Mobile food vendor" definition.
For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:
Applicant i
s the owner and/or primary operator of the Mobile Food Vendor operation.
Approving Authority is the Community Development Director or designee for all types of Mobile Food Vendor permits except those issued as Conditional Use Permits by the Ceres Planning Commission.
Mobile food vendor means a person who displays, prepares, or processes food on a motor vehicle, vehicle, trailer, and/or trailer coach for the purpose of selling food to a consumer. Mobile food vendor does not include a handcart or bicycle-pulled cart, which are regulated under Title 5 Business Licenses and Regulations, Chapter 17 Sidewalk Vending, of the Ceres Municipal Code. For the purposes of this Chapter, “Mobile Food Vendor’s vehicle or trailer” includes their motor vehicle, vehicle, trailer, and/or trailer coach.
Motor vehicle (as defined in the California Vehicle Code 415) is a vehicle that is self-propelled.
Trailer (as defined in the California Vehicle Code 630) is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.
Trailer coach (as defined in the California Vehicle Code 635) is a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle.
Vehicle (as defined in the California Vehicle Code 670) is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
5.10.030 P ermit ted sales. and Business License Required.
Mobile food vendors shall acquire must obtain a mobile food vendor permit issued under the provisions of this chapter, and any necessary business license as required by this title.
5.10.040 T
ypes of Mobile Food Vendor Permits.
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T here are four (4) types of Mobile Food Vendor Permits:
(1) An Administrative Use Permit (AUP) is required for properties with only a single Mobile Food Vendor and may be approved ministerially by the Community Development Director or designee. Such permits expire on December 31 on the fourth year following approval. For example, an AUP Mobile Food Vendor permit issued on September 3, 2023 would expire December 31, 2027.
(2) A T emporary Use Permit (TUP) is required for Mobile Food Vendors operating only during a special event pursuant to a Special Use Event permit (see Ceres Municipal Code 05.09 Special Events and Temporary Street Closures) and may be approved ministerially by the Community Development Director or designee.
(3) A C onditional Use Permit (CUP) is required for properties with multiple Mobile Food Vendors and may be approved discretionally by the Planning Commission. Any expiration of such a permit is determined by the Planning Commission.
(4) I ce Cream Truck Permit: Standards for ice cream trucks shall be governed under California Vehicle Code 22456 and may be approved ministerially by the Community Development Director or designee.
5.10.0 40050 General development and operational standards for mobile food vendors.
Unless otherwise exempt, tA. The following general and operational standards shall apply to all mMobile fFood vVendors (including ice cream trucks):
A1. All mobile food vendors shall obtain any required permits from the City, County, and the State, if applicable. The use shall not be conducted within any public right-of-way, except as permitted pursuant to a City-approved street closure.
B2. All mobile food vendorsThe use shall comply with the Vehicle Code and Health and Safety Code and shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, water quality, and environmental regulations and laws.
C3. Mobile fFood vVendors shall not operate in an unsafe manner, including but not limited to impeding on- or off-site vehicle circulation and obstructing the view of pedestrians by motorists.
D4. Operations on private property.
1. Notwithstanding any other provision of this chapter, mobile food vendors may operate on private property; provided, that prior to conducting such ITEM 13
business operations, they have the authorization from the property owner upon which the operations are occurring; and provided further, that they have the authorization from any other building-enclosed restaurant located within a 350-foot radius of the operations, as measured from the primary customer entrance of the restaurant; and provided further, that neither such restaurant nor the City has articulated a public safety concern due to traffic, parking, or otherwise, arising out of such mobile food vendor's operations. Vendor must be able to demonstrate property owner authorization as provided in this section. Mobile Food Vendors must provide written authorization of the property owner at which the Mobile Food Vendor operates. At any time, the property owner upon which a Mobile Food Vendor operates may revoke their authorization and in such case the City shall revoke the Mobile Food Vendor permit.
5.2. Mobile fFood vVendors shall not use or permit use of parking spaces on the site (e.g., for customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the Community Development Director.
6.3. Mobile f
Food vVendors shall provide adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.
E. Operations in public right-of-wa y.
1. Mobile food vendors shall not operate within 350 feet of any building- enclosed restaurant as measured from the primary customer entrance of the restaurant, except when the mobile food vendor has written authorization from all building-enclosed restaurants that are within that same 350-foot radius.
1. 7. Mobile fFood vVendors shall not stop, stand, or park in any clear vision triangle or no parking zone.
2. Mobile food vendors shall not operate within 350 feet of a public or private school in which children at or below the twelfth grade level are enrolled, and which is in session.
2. 8. Mobile food vendors shall maintain a clear path of travel on the sidewalk pursuant to the Americans with Disabilities Act free of customer queuing, signage, and all portions of the vehicle for the clear movement of pedestrians.
9. Mobile F ood Vendors are prohibited from operating within Downtown Ceres (as defined in the Ceres Downtown Specific Plan) during the annual Ceres Street Faire unless they are authorized participants.
10. The Mobile Food Vendor's permit shall be attached to and prominently displayed on the Mobile Food Vendor's vehicle or trailer.
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11. Mobile Food Vendors shall only operate within the days and hours of operation established in the permit. Mobile Food Vendor vehicles and/or trailers shall not be parked at their approved site(s) during non-operating hours.
Notwithstanding approved hours of operation, all activities are subject to the restrictions of the City’s Noise Ordinance requirements.
12. Mobile Food Vendors shall have a written agreement from an existing non- residential business establishment for use of lavatory facilities for the operators/vendors within two hundred (200) feet of the Mobile Food Vendor location.
13. No Mobile Food Vendor operation may occur within twenty (20) feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway.
A greater distance or separation from similar uses may be required to preserve line-of-sight, or for other safety reasons. The operation shall not damage landscaped areas.
14. Mobile Food Vendors shall have a trash receptacle at the operation for use by customers for disposal of refuse generated from this activity and shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust-controlled condition. Additionally, Mobile Food Vendors must have authorization from the property owner to allow the disposal of waste in appropriate waste receptacles on site.
15. Mobile Food Vendors shall have no more than two (2) small tables seating up to a total of ten (10) people.
16. Temporary canopies or tents associated with the Mobile Food Vendor shall not be located closer than twenty (20) feet from any building or structure. Such canopies or tents shall not be located within 100 feet from any flammable, combustible, or liquid petroleum gas dispensing or storage container.
18. Mobile Food Vendors shall not have live or amplified outdoor music. However, music may be permitted at City-approved Special Use Events.
19. No signs, balloons, or flags may be displayed on or off the site to promote the Mobile Food Vendor except those permanently affixed to the Mobile Food Vendor vehicle or trailer.
5.10.050 A dditional operational standards for ice cream trucks.
Standards for ice cream trucks shall be governed under Vehicle Code section 22456. In addition, development and operational standards in section 5.01.040 shall apply to ice cream trucks. To the extent that section 5.01.040 is more restrictive, it shall supersede the requirements of Vehicle Code section 22456. (Ord. No. 2020-1057 , § 1, 3-23-2020)
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5.10.060 Permit application.
An applicant for a m Mobile fFood vVendor's permit shall submit an application to the City Manager Community Development Department. The application shall include, among other things, the following:
A. The t rue legal name of the applicant, together with the names of all persons directly or indirectly interested in the conduct of such business, including all members of any firm or partnership. A corporate applicant shall list the officers, directors and principal owners, including all owners of ten percent or more of the corporate stock;
B. The e mail address, phone number and mailing address of the applicant; C. Proof of valid health permit(s) from the Stanislaus County Department of Environmental Resources, as required by applicable law or regulation; Whether the applicant has at any time been convicted of a felony or of any offense involving moral turpitude or has been convicted of any narcotics violation;
D. The proposed operating days and hours; Whether or not any permit or license heretofore granted to applicant to engage in any business or to do any act within the City or elsewhere has been revoked or denied, and, if so, the circumstances surrounding the revocation or denial;
E. A site plan showing Tthe location at which the applicant proposes to conduct the business;
F. The type of food, wares, or merchandise to be sold, the proposed hours of operation, and a description, drawing or and pictures of the front, side, and rear of the vehicle and/or trailer.motor vehicle and/or trailer coach vehicle which is to be operated as a Mobile Food Vendor at the location; G. A letter (to the City’s attention) from the property owner authorizing the Mobile Food Vendor at the proposed location, if on private property;Such additional information bearing on the identity and character of the applicant or applicant's employees, the location proposed or the nature of the business as the City Manager may require; and
H. A nonrefundable application fee pursuant to section 5.01.140.
5.10.070 D ecision and limitations.
A. The City Manager may deny an application for a mobile food vendor's permit if the applicant has been convicted of one of the type of category of crimes enumerated in section 5.10.060 of this chapter or, if in his or her opinion, the business is to be located or operated under circumstances where it would tend to cause a law enforcement problem or create a public nuisance or where the granting of the permit would not be compatible with the public health, safety, or welfare, or would ITEM 13
not comply with the provisions of this chapter or would be contrary to the public interest. The City Manager shall deny the permit if the application does not meet the location requirements or any other requirements of this this chapter.
B. The City Manager shall have the authority to limit the area which a mobile food vendor may cover, to approve the design of any mobile food vendor's vehicle, and to specify the exact location on a block where the mobile vendor shall operate, taking into account pedestrian and vehicular traffic flow and the other standards imposed by this article. The City Manager may impose such additional reasonable terms and conditions upon the operation of the business as he or she deems necessary or desirable under the circumstances to protect the health, safety, and well-being of the public. The City Manager may require all food to be located on the mobile food vendor's vehicle and may prohibit the location of any food on sidewalks.
C. If, for a period of ten or more consecutive days between May 1 and September 30, or 60 or more consecutive days between October 1 and April 30, a person with a mobile food vendor's permit fails to maintain or operate their business, then the permit shall be deemed abandoned and shall be revoked.
D. The mobile food vendor's permit shall be attached to and prominently displayed on the mobile food vendor's vehicle.
E. Prior to the issuance of any permit under this chapter, the applicant shall pay to the City any business operations tax required by section 5.01.140.
F. Decisions of the City Manager relating to the granting or denial of an application for a mobile food vendor's permit shall be rendered in writing not less than 60 days after the date of application. Copies of decisions shall be mailed to the applicants not later than five days after the date of decision, and shall be mailed to the address of any business, conducted on the street level, which is located within 100 feet of the site of the mobile food vendor's permit.
5.10.0 80070 Transfer of permit.
A mobile food vendor's permit is not property and shall have no value. Permits may not be sold, leased, assigned, hypothecated or transferred in any manner to another person, firm, partnership, or corporation, including new owners in a corporation or partnership, except that a mobile food vendor holding a valid permit may transfer said permit to another location where the mobile food vendor wishes to operate with the consent of the City ManagerApproving Authority.
--End of Chapter 5.10 Amendments--
SEVERABILITY.
If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent ITEM 13
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
PUBLICATION AND EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of a general circulation at least within fifteen ( 15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days after its passage.
CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL . This Ordinance was introduced at a regular meeting of the City Council held on the 24th day of July 2023, and passed and adopted as Ordinance No. 2023-XXX at a regular meeting of the City Council held on the 14th day of August 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVED:
___________________________________
Javier Lopez, Mayor
ATTEST:
________________________________
Fallon Martin, City Clerk
APPROVED AS TO FORM:
_______________________________
Nubia I. Goldstein, City Attorney
ITEM 13
ATTACHMENT B
First Mobile Food Vendor Community Meeting – A pril 26, 2023 Public Comments
1. Are the food trucks at the bars permitted? Week 1 truck X is there, week 2 truck Y is there.
2. How many food trucks does Modesto allow?
3. Doesn’t want to see Ceres become heavy with food trucks. Agree to go up 5-10 more trucks but not unlimited. Likes GrubHub in Modesto. Said it is clean and nice.
4. As chamber president, wants to promote growth but still wants to limit to not impact existing business. Have brought in numerous restaurants and does not want to impact them negatively by adding too many food trucks.
5. Problem is that people are selling food from their homes more than vendors. Not everyone selling food from their homes are permitted to do so.
6. Important for staff and electives to consider the most important thing about sales is “Location, Location, Location”. Gateway Center draws a lot of customers from HWY 99. Does not think those restaurants will be severely impacted by more food trucks throughout the city.
7. Breweries and bars need food trucks if they don’t serve food. People are not going to drink then go to Gateway to get food. It will help the brewery or bar business to partner with food trucks.
8. Alfonso and other city restaurants away from Gateway that are inner-city will be impacted by more food trucks.
9. Food trucks for when restaurants close and people still leaving bars and wanting to get food.
10. Subcategory for different times and locations so if 5 of 10 permits not operating then other trucks can have opportunity to operate. (Truck permits by hours of operation possibly, like shifts so only 10 active at one time)
11. Have a 90-day probation period. If truck is not there when they state they will be operating, then they get their permit revoked, and given to someone who wants to operate. Staff should drop in to see if they are operating, if not there after X number of times visiting location and truck not in operation, then they get their permit revoked.
12. Also need some way to check after probation period to make sure truck still operating.
13. Not fair for people on waitlist if not all 10 trucks are operating. Could the business the truck is operating at contact City to report lack of operation of truck?
14. Possible solution, reporting requirement like how taxes are collected for their business. The truck must report they are still active every 2 months or so as a requirement of having a permit.
15. During Covid, to obtain a grant and/or loan, a requirement was to link their business to social media to prove the business was in operation. We can make it a requirement where the food truck must post their approved hours and locations on social media, Facebook, Instagram, and such, and then must operate when and where permitted. City can track them on social media to make sure they are operating as permitted. Will also help the food truck with marketing and can be used as an electronic tracking method.
16. Track sales tax to see if truck is in operation. If the food truck has not paid taxes in X amount of time, revoke permit. If they are paying taxes, then food truck is obviously still in operation.
17. It would be hard to require the community to keep up with social media, as not everyone is tech savvy and would be at a disadvantage if the city were to use it as their method to track if the food trucks are operating during their permitted times and their permitted location. Not everyone knows how to use social media or is willing to use them.
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18. The ordinance is obviously going to be change the number of allowed permits. It is always a compromise. But the other important thing involved with the addition of more permits is to have enforcement. Code Enforcement is not always most responsive when an illegal truck is operating. Maybe 20 permits max with rotating system for different times of days/locations.
19. Suggest 1 year trial for business to build clientele for new trucks to operate as it takes time to build up business. 2-3 months is not enough time to determine if business will be successful or not. If the business started in the winter, it may take longer to build up clientele than a business that started in the summer.
20. If a business has a food truck operating outside, do they need a Conditional Use Permit? Does the food truck need permission from business operator or from business owner?
21. Food truck permit and business license should be conjoined so if they want to continue to operate, they must renew both at the same time.
22. Need to update definitions in the ordinance of mobile food vendor, trailers, etc. Motor vehicle definition is wrong in City Ordinance. Need to be clear between truck and trailer. Does it drive itself or is it towed behind something?
23. Mobile Food Vendor ordinance to include trucks and trailers in new definition.
24. Distance requirements will help limit number of vendors, but also need to make sure number of permits works with the available locations in the city. We don’t want too many permits and not enough space.
25. Would distance between locations prevent a GrubHub idea?
26. Ceres needs to formalize GrubHub type Use Type in ordinance for someone to establish one within the city limits.
27. Participants in GrubHub should not count towards 10 permits, or how ever many is decided.
28. There should be a time clock to measure how long it can take to start operating their food truck.
They can’t go 2 years without operating, thus keeping the permit from being used by someone else. Make it a requirement that they must be operational within a month. Either they use the permit or lose the permit. This will also help prevent people from getting permits with the intentions of only preventing other vendors to get a permit to lessen the competition.
29. The “operation days” language in Ceres Code is probably a blanket statement for governments to use when they need to defend revoking a permit for lack of operating.
30. Ceres does need to enforce operation, but not sure how to go about it.
31. Could have waitlist people make up GrubHub location until permits become available. The City should find a location that would work for GrubHub. Maybe the City can buy a location to operate a GrubHub. What zones would this be permitted in?
32. Does not want trucks to show up at the Ceres Street Faire and take away business from vendors.
How would the city prevent trucks from parking near events? Street Fair is operating for the benefit of non-profits and does not want for-profits taking business away from vendors inside the Faire. There needs to be a requirement added for trucks to not be allowed near events.
Keep trucks away from events.
33. Are trucks paying for same services as brick and mortar business for emergency services?
34. If truck is permitted and operates downtown, they should not be allowed to operate during event times if event is downtown. City should preserve known events and not allow food trucks to operate during or near those events. Entity putting on event should not be allowed to say if truck can or cannot operate near or during events.
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35. Need to make it known that businesses need to partner with a non-profit to sell food at Street Faire. Truck owners did not know how to sell at Street Faire.
36. Need to be sensitive to non-profits.
37. Does not want Ceres to get to the point the GrubHub does during the winter months where the trucks rotate operating so that all trucks get business at Modesto GrubHub.
38. Who owns the Modesto GrubHub? Did the owner partner with the city to do GrubHub?
39. It is important to encourage different kinds of foods to come to Ceres and not limit to certain kinds of foods. We don’t have a lot of Asian food or seafood restaurants, so we need to encourage different varieties of vendors to get more options for the residents.
40. Brick and mortar business have not partnered with the Ceres Street Faire to grow business, despite invitations to do so.
41. GrubHub in Modesto has truck that sells sushi.
ITEM 13
ITEM 13
ATTACHMENT C
Second Mobile Food Vendor Community Meeting – June 21, 2023 Public Comments
1. What will prevent multiple businesses from having a Conditional Use Permit for several food trucks, thus making the 10 permits obsolete? (Maybe limit # of trucks allowed per property like Modesto)
2. What issues are other cities having? Time consuming for City employees processing permits.
About 10% of one employee’s time. Same applies to Modesto.
3. Limit of 10:
a. What are other cities maximum limit for food trucks? No max in either city. b. The limit of 10 in the city is fine.
c. We are getting a lot of new fast food places and a lot of pop-ups who are taking business away from us who do have permits. Vendors are showing up after 6pm and they are probably not regulated or permitted.
d. Stay at 10, no more than 20 max.
e. Adding more will add more struggling businesses. We are tying to update Ceres so we don’t need to add more trucks.
f. Look at current trucks hours of operation
g. Trucks operating at different hours
h. Right now is a happy medium of trucks and restaurants, it would be good to keep it the same.
i. Maybe charge more for permit to keep the number of permits allowed low
4. Maybe bring a food truck commissary to an industrial area
5. Distance from events should be left up to who is organizing the event, as they would know the purpose of the event, except from the trucks that are permitted to attend to the event.
6. Min. 1,000 feet from all special events – Lyons are non-profit so we don’t want for-profit trucks taking business away
7. Special events – have event coordinator regulate the distance of out-side trucks based on how many trucks will be at event
8. Street Faire organizer shared that they should not decide how far food trucks should be from the Faire, but that the City should make that decision
9. Do existing trucks have to stop operation if they are close to the Street Faire or special event, or should City not allow trucks to be permitted near where we know special events happen every year?
10. City should not permit food trucks near events because it is not right to tell food trucks they cannot operate during event hours
11. Would make it easier for Code Enforcement to know if a food truck is permitted or not in an area near special events
12. Permit holders should get preference for special events in Ceres over outside businesses (direct them to contact Chamber or look on Chamber website to get added to list for events)
13. The minimum distance requirement self regulates the number of vendors as the City is only so big
14. Everyone should renew their permit at the same time every year, for example January 1 st, to
make it easier on staff
ITEM 13
15. 3 years or 5 years would be reasonable for permit renewal
16. 5 year would be great – but if you sell your business, does the permit transfer to the new owners of the business?
17. Annual permit forces City to confirm whether food truck remains in compliance – then do two renewals per month to reduce staff time, and allows 24 permits for the City
18. People should have everything ready to go if they want to get on list for a permit or give a specific time limit for people to provide all required documents to obtain permit so it does not waste more time for others waiting on the list
19. 30 days max for a truck owner to turn in all paperwork once offered permit
20. Having tables and canopies doesn’t bring a good look for the City and will generate a lot of trash
21. I like the idea of 2 tables, we have a lot of people asking for tables so they can stay and eat. We make sure to keep our area clean around our truck and would keep the area around our tables clean if we could have them.
22. Canopies bring a lot of homeless people who just hang out all day, and also creates a safety concern with kids running around. We are by Whitmore and it would not be safe for kids to be running around there
23. Would food trucks take canopies and tables away with them when they leave at night? They should take tables and canopies with them every day and clean their site when they leave.
24. Required number of parking spaces for the food truck itself so it is not taking away from the businesses sharing the parking lot.
25. We already clean up everything at the end of the day, so removing the tables would not be a big deal. I would still like to have 2 tables at my location.
26. Would “GrubHub” location meet the location parameters in the ordinance?
27. Would “GrubHub” be allowed to have tables and canopies?
28. In Moab, Utah there is a “GrubHub” that has a central awning with tables for people to sit and enjoy food, about 20 food trucks, restrooms, it was very nice. We could have one here and make it very nice as well. I just don’t know how many homeless people are there.
ITEM 13
Itinerant Restaurant (Mobile Food Vendor)
Standard Conditions of Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits – SIX MONTH TRIAL PERIOD
The
differentiating factor between the Temporary Use Permit (TUP) a nd Administrative Use Permit (AUP) is the amount of time that each is authorized and the process by which they may be considered for approval. TUP’s and AUP’s for Mobile Food Vendors may be approved ministerially by the Planning Division. Time limits for Mobile Food Vendors are:
TUP
– For special use events (as defined under Section 18.50.050) and not more than 5 days during the six month trial period.
AUP – In conjunction with or to supplement an existing business and not more than 180 days during the s ix month trial period. No more than 10 AUP’s will be issued for locations within Ceres
Any
permit issued for a Mobile Food Vendor shall be reviewed annually for a possible renewal or a revocation, and it may be reviewed on a n as needed basis as determined by the City . If Conditions of Approval and Performance Standards are not being met, then either additional conditions may be imposed at the annual review, or the Permit may be terminated due to failure of compliance. I n no case, shall any Mobile Food Vendor be permitted to operate that would subject the public to health and safety concerns.
An a
dministrative use permit shall first be obtained authorizing the establishment of an itinerant restaurant vehicle in the Commercial and/or Industrial Zone Districts pursuant to Sections 18.20.040 (P-C) that have an underlying Commercial or Industrial General Plan designation), 18.24.080 (C-1), 18.26.080 (C-2), 18.30.080 (H-1), 18.32.080 (M -1), and 18.34.080 (M -2) of the Ceres Municipal Code, and to the “RC, Regional Commercial”, “CC, Community Commercial”, “HC, Highway Commercial” and “MX2, Mixed Use 2” zoning designations of the Mitchell Road Corridor Specific Plan.
Supplemental Temporary Use Permit and Administrative Use Permit Application Materials. In addition to the standard application submittal requirements, each TUP and AUP applicant shall provide the following:
(a) Co
mpleted application, including a written description of the proposed vending activity (which would also identify the applicant’s intended days and hours of the operation). (b) Legal names of vending business owner and/or operator. (c) Proof of valid City of Ceres business license. (AUP only) (d) Proof of valid health permit(s), if required by applicable law or regulation. (e) Photocopy of valid form of identification (i.e. driver’s license) for business owner and operator. (f) Color photographs showing the front, sides, and rear views of the vending vehicle (i.e. mobile food truck), and of the proposed location for vending.
(g) P rovide a site plan for all proposed stationary location(s) and a map of the proposed route/area of vending.
(h) Dimensioned sample or rendering of proposed signage. (i) Non-refundable application fee: * For a TUP: $250. * For an AUP: $360. (j) If an applicant proposes to vend from a single location for more than four (4) consecutive hours at a time, the applicant must identify the location of an available restroom to be used by the vendor. (k) A letter from the property-owner approving the proposed operation.
General TUP and AUP Conditions and Performance Standards for Itinerant Restaurant Vehicles
ATTACHMENT D
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(a) No person(s) may engage in vending in any location within the City of Ceres unless the conduct of that activity meets each of the following criteria listed below, and unless the person is operating under and by the authority of a valid TUP and AUP during the six month trial period, (Itinerant Restaurant Vehicle).
(b) The permit shall address, and the vendor shall comply with, the following items:
(1) General. The City may impose conditions on the Permit as it deems necessary for health and safety, and/or to mitigate the impact of vending on an area. This may include the imposition of additional conditions and/or stricter requirements than identified below.
(2) H ealth Permit. Vending of food, produce, or other edible items requires valid health or other permit(s) issued by the appropriate agency (i.e. Stanislaus County Department of Environmental Resources (DER). Said health permit(s) shall be obtained from the appropriate agency prior to the submission of a City TUP/AUP application to the Planning Department and evidence of the valid permits shall be supplied to the City with the application.
(3) Shall Not Obstruct or Create Hazards. Vendors shall not obstruct site visibility, vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to the curb, and shall not create public health or safety hazards.
(4) Hours of Operation. Vending shall be conducted within the hours of operation established in the Permit or be similar to the hours of operation of the business that they supplement . In no case, shall operators/vendors be allowed after the hour of 12:00 a.m. or prior to 7:00 a.m. Mobile food vehicles shall not be permitted to be parked at their approved site(s) during non- operating hours. Notwithstanding approved hours of operation, all activities are subject to the restrictions of the City’s Noise Ordinance requirements.
(5) Signage. No more than one sign is allowed associated with each Permit. The sign shall not exceed ten (10) square feet and shall be affixed to the vehicle or device from which the goods or merchandise are being vended. Any signage other that what is noted here is prohibited.
(6) Number of Permits. AUP - Each property or designated space of vending shall require a n AUP.
If multiple designated spaces of vending are under the same ownership or management at the same property, then they may secure one AUP for vending and allow multiple operators/vendors access to that approved location; however, in no case, for the said AUP shall there be more than one operator/vendor on a property at the same time. In locations where vendors are operating, they must provide proof that all provisions listed here have been met, including but not limited to, Stanislaus County Department of Environmental Resources (DER, aka: Health Department) approval and approval of a City of Ceres Business License.
TUP – Each property or designated space of vending shall require a TUP.
TUP’s may be granted for private property and may include multiple vendors during an event. TUP’s may be issued for vendors to locate upon public property, but in those instances may require additional approvals such as street closure permits.
(7) Business License. AUP vendors shall have a valid City of Ceres business license prior to being allowed to operate.
(8) Sanitary Facilities. Operators /vendors shall have a written agreement from an existing business establishment for use of lavatory facilities by the operators/vendors and patrons within 200 feet of the vehicle’s location. This requirement would apply to AUP applications. Sanitary Facilities for any TUP will be set at the time the application is filed and a permit issued.
ITEM 13
(9) Indemnification. As a condition of issuance, the vendor /operator agrees to indemnify, hold harmless, and defend the City and its representatives against liability and/or loss arising from activities connected with and/or undertaken pursuant to the Permit. The City is not liable for any business loss, property loss, or other damage that may result from use of the Permit, or suspension or revocation of the Permit, and no vendor shall maintain any claim or action against the City, its officials, officers, employees, or agents on account of any suspension or revocation.
(10) Property Owners Approval. Permit applications must include the written approval of any property owner (in the form of a letter to the City’s attention) whose property will be used for vending.
Vending on private property must comply with any development conditions imposed on the private property, and all requirements of the appropriate zoning category.
(11) Other Applicable Regulations. The vendor/operator shall conform at all times with all applicable City and governmental requirements, including without limitation, the Americans with Disabilities Act, health and safety regulations, local zoning, and applicable redevelopment regulations.
(12) Term of Permit during six month trial period. The maximum Term for a TUP is 5 days during the trial period, while an AUP is less than 180 days during the trial period. At the conclusion of the trial period, the City will either determine if an extension of the trial period is warranted, or direct staff to either amend the Municipal Code to allow mobile food vendors, or terminate the program altogether.
(13) Transferability. A Permit is not transferable to any entity or person or property and is valid only as to the original applicant and at their original location. AUP applications shall state if a property is requesting approval of a mobile food vendor that may have multiple vendors utiliz ing a property over the course of a permit. However, in no case, for any AUP shall there be multiple mobile food operators/vendors on a property operating at the same time.
(14) Proximity to Other Items. No vending may occur within twenty (20) feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway. A greater distance or separation from other uses may be required, under the Permit, in order to preserve line- of-sight, or for other safety reasons. The vending shall not damage landscaped areas.
(15) Appearance and Storage. The vendor shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust -controlled condition. With the exception of approved stands, the vendor shall remove all evidence of vending and leave the site in a clean state at the close of each business day including any trash that was generated by that activity.
(16) Lighting. Vending may not occur after dark unless appropriate lighting is provided, or an exemption from this requirement is specifically granted as a part of the Permit due to the type of activity (e.g. one-time permit for itinerant vending at a special nighttime event).
(17) Parking. Prior to issuance of any Permit, the City shall confirm that an acceptable area for customer parking exists, or must specifically exempt the vendor from this requirement due to the nature and/or location of the use. Parking for the vendor shall be specified pursuant to the permit. The vendor shall not indicate exclusive roadway parking or reserve any public parking area for the vendor’s customer parking.
Vendors shall not park or set up their operations within designated Amer ican Disability Act (ADA) handicapped parking stalls, loading spaces, and walkways or ramps that are part of an ADA designated space or area.
(18) Location on Particular Roadways. Vending is prohibited along roadways. This requirement would apply to AUP applications. A TUP proposal could potentially allow for vending within said roadways for a special event and with necessary street closure approvals from the City.
ITEM 13
(19) Security. Subject to review of the TUP or AUP, the City may require special security features for the mobile food vehicle or the vendor, including, but not limited to a condition that t he mobile food operator/permittee shall install signage that loitering is not permitted and customers may only remain on the lot for up to 15 minutes after receiving their food. If applicable, the operator shall enforce the no- loitering rule.
(20) Number of Vendors and/or Operators. The City may limit the number of vendors at any one location or within an area, or limit the number of operators, sales persons, or others engaged in the act of vending for any one owner or permittee at the requested or approved location. Additionally, approved locations for mobile food vehicles shall not be located within 1,000 foot radius from another approved mobile food vehicle location. Special events authorized by a TUP are not subject to the separation requirement noted above.
(21) Design and Set-up of Vehicle for Vending. The width, length, and height of all vendor vehicles and devices shall be subject to review as a part of consideration of the Permit. The City’s review shall include but not be limited to color, materials, and appearance of the vending vehicle or device; accessories (including ice chests and trash receptacles); and maneuvering necessary for set -up and takedown. Vending vehicles or devices shall be designed such that they add to the aesthetic value of the vicinity. A site plan of areas at which stationary vending will occur must be provided, and is subject to City discretionary review.
The area of vending activity (excluding parking) shall be specified under the Permit and shall not generally exceed 200 square feet.
(22) Tables/Chairs/Shade Structures/Easy-Ups/Pop-Out Tents. Tables/chairs/shade structures/easy- ups/pop-out tents for use by customers shall generally be prohibited unless the vending is occurring in an area that is already specifically designed for such purpose, su ch as a plaza, park, or other public open space area with adequate restroom facilities, or if specifically required as a part of the Health Department conditions.
(23) Trash Receptacles. Operators/vendors shall have a written agreement with property owner(s)/business owner(s) of existing business establishment(s) to allow for the use of their existing trash receptacle(s)/enclosure(s). Operators/vendors shall have a trash receptacle adjacent to t he vehicle for disposal of refuse generated from this activity.
(24) Permit Display. Vendor permits and business licenses must be prominently displayed on the vehicle or device for vending, or if stationary, at the location of vending.
I have read and understand the Itinerant Restaurant (Mobile Food Vendor) Standard Conditions of Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits and agree to operate in accordance with these conditions and standards.
___________________________________ ____________________ Owner/Operator/Vendor Date
_______________________________________ ____________________ City of Ceres Staff Date
i:\planning\dept\planning\pc\2018\mobile food vehicles\itinerant restaurant standards ceres - final 10-8-18.doc ITEM 13
ATTACHMENT E
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing on Monday , July 10, 2023 beginning at 6:00 p.m., or soon thereafter, at the Ceres Community Center, 2701 Fourth Street, Ceres, California, and via the application ZOOM for the following:
1. A hearing to consider an amendment to the Ceres Municipal Code, Title 5 Business Licenses and Regulations, Chapter 10 Mobile Food Vending from Motor Vehicles. In 2018, a pilot program was initiated to allow up to 10 food trucks in the City of Ceres. After reviewing the food truck program over the last five years, adjustments are being proposed based on feedback from community outreach meetings, including consideration of the limit of 10 food trucks.
Location: Citywide
Applicant: City of Ceres
CEQA: Exempt per Section 15061(b-3)
Public comment may be submitted by emailing [email protected] by 4:00 p.m. on the date of the meeting or verbally at the hearing.
The meeting agenda, staff report, project documents, and ZOOM webinar information will be publicly available by 6:00 p.m. Friday, July 7, 2023 at www.ci.ceres.ca.us and at 2220 Magnolia Street, Ceres during regular business hours.
Any person who challenges this action in court may be limited to raising only those issues that they or someone else raised at the public hearing, or in written correspondence delivered to the City of Ceres at, or prior to, the public hearing.
Date Published: June 28, 2023
/s/ Fallon Martin, City Clerk
ITEM 13
ITEM 13
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 24, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Rick Collins, Police Chief
[email protected], (209) 538-5725
SUBJECT: Resolution 2023 -XXX, Accepting the 2022-23 Military Equipment Annual Report and Approving the Military Equipment Funding, Acquisition and Use Policy
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council accept the 2022-23 Military Equipment Annual Report and approve the Military Equipment Funding, Acquisition and Use Policy.
I. BACKGROUND:
On September 30, 2021, Assembly Bill 481 (“AB 481”) required law enforcement agencies to adopt a Military Equipment Use Policy (“Policy”), by ordinance. The Ceres Police Department complied with AB 481 and the City Council adopted Ordinance No. 1073 on November 7, 2022.
AB 481 also requires law enforcement agencies to submit to the City Council an annual military equipment report (“Report”) that includes the following information:
• A summary of each type of military equipment and its intended purpose. • How each type of equipment was used by the agency during the preceding year. • A summary of any complaints received concerning the equipment. • The results of any internal audits pertaining to violations of the military equipment use policy.
• The total annual cost for each type of equipment.
• The quantity possessed of each type of equipment.
• Any intention of the agency to purchase additional equipment in the following year including the budgeted amount and the account where the expenditure was budgeted.
ITEM 14
In addition, AB 481 requires the Department to post the Report on its website thirty (30) days prior to the date of the Council Meeting when the Report will be reviewed and open for public comment.
AB 481 further requires the governing body to annually review any ordinance it has adopted approving the funding, acquisition, or use of military equipment . The governing body must also vote on whether to renew or not renew the authorizing ordinance, disapprove authorization for equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets s pecified standards as set forth in California Government Code Section 7071, subdivision (d).
II. REASONS FOR RECOMMENDATION:
AB 481 was introduced to increase transparency and accountability for the funding, acquisition and use of military equipment by state and local law enforcement agencies.
AB 481 requires the City Council to annually review this Report and renew Ordinance 22- 1073.
In accordance with the annual requirements set forth in AB 481, the Department has completed the 2022-23 Military Equipment Annual Report and Inventory List (Exhibit A).
The Report was posted on the Home Page of the Department’s website on June 14, 2023 for public review.
III. FISCAL IMPACTS:
N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
Renewal of this Ordinance fulfills the strategic plan for Government Operations: “Provide quality services to meet community needs, assuring that the City has…well trained and properly equipped…staff.”
V. POLICY ALTERNATIVES:
Council could choose to not renew this Ordinance. The Department would need to discontinue and dispose of all items listed in the Military Equipment Annual Report.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
ITEM 14
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval , Staff will update the department’s Military Policy in Lexipol to reflect the changes. The Department Policy and the 2022-23 Military Equipment Annual Report will be posted on the Department’s website in the following location: Departments & Units/Professional Standards/Policies, Training and Manuals.
Approved by: _____________________
Douglas D. Dunford
Interim City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – 2022-23 Military Equipment Annual Report
3. Attachment C – Ordinance 22-1073
4. Attachment D – Military Equipment Policy
5. Attachment E – Assembly Bill 481
ITEM 14
ITEM 14
RESOLUTION NO. 2023-XXX
ACCEPTING THE 2022-23 MILITARY EQUIPMENT ANNUAL REPORT
AND APPROVING THE MILITARY EQUIPMENT FUNDING,
ACQUISITION AND USE POLICY
THE CITY COUNCIL
City of Ceres
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body by an ordinance adopting a military equipment use policy; and
WHEREAS, pursuant to Assembly Bill 481 the governing body shall annually review and renew any ordinance it has adopted approving the funding, acquisition, or use of military equipment . The governing body shall also vote on whether to renew or not renew the authorizing ordinance, disapprove authorization for equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets specified standards as set forth in California Government Code Section 7071, subdivision (d); and
WHEREAS, the Ceres Police Department has provided the 2022-23 Military Equipment Annual Report for review as required by Assembly Bill 481.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the 2022-23 Military Equipment Annual Report and approv es the Military Equipment Funding, Acquisition and Use Policy.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of July 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ATTACHMENT A
ITEM 14
ITEM 14
Ceres Police Department
Annual Military Equipment Report
(June 2022 to June 2023)
California Government Code §§ 7070, 7071 and 7072
On
September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law. California Government Code §§ 7070, 7071 and 7072 codify the requirements established by AB 481 for law enforcement’s acquisition, use and funding of “military equipment.”
In enacting AB 481, the Legislature stated the public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials to increase transparency, accountability and oversight. The same applies to the public’s right to participate in any government’s decision to fund, acquire or use such equipment.
The bill requires law enforcement agencies that seek to continue the use of military equipment acquired prior to January 1, 2022, to receive approval from their governing body. The Ceres City Council approved CPD Policy 709 – Military Equipment by Ordinance 22-1073. The policy and inventory list are located on the Ceres Police Department’s website: www.ci.ceres.ca.us/police.
California Government Code § 7072 also requires law enforcement agencies to annually prepare a Military Equipment Report. The annual Military Equipment Report is required to contain the following:
• A summary of how the military equipment was used and its purpose. • A summary of any complaint or concerns received concerning military equipment. • The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response to these violations. • The total annual cost for each type of military equipment including acquisition, personnel training, transportation, maintenance, storage, upgrade and other on -going costs. Included in this cost analysis will be the funding source and account showing these costs have been budgeted in the fiscal year following the submission of the Annual Military Equipment Report. • The quantity possessed of each type of military equipment. • If the law enforcement agency intends to acquire additional military equipment in the next year and the quantity sought for each type of military equipment.
This annual Military Equipment Report satisfies the reporting requirements outlined in California Government Code § 7072.
ATTACHMENT B
ITEM 14
A complaint, concern or question related to Military Equipment utilization by the Ceres Police Department can be made through any of the below listed methods:
Web: https://www.ci.ceres.ca.us/1748/File-a-Complaint
Phone: 209-538-5719 – Administrative Sergeant
Mail: Ceres Police Department; Attn: Military Equipment Use Coordinator; 2727 Third Street, Ceres, CA 95307
The following is a summary of the Military Equipment owned and maintained by the Ceres Police Department as defined by the California Government Code § 7070:
1. Unmanned Aircraft System (UAS)
Item Quantity Owned Government Code
Subsection
Matrice 300 1 7070 (c)(1)
Mavic II Enterprise 3 7070 (c)(1)
Mavic Mini 2 1 7070 (c)(1)
Mavic Mini 4 7070 (c)(1)
2. Robots
Item Quantity Owned Government Code
Subsection
Transcend Vantage Patrol Robot 1 7070 (c)(1)
3. Armored Vehicles
Item Quantity Owned Government Code
Subsection
Lenco Bear 1 7070 (c)(3)
4. Rifles and Corresponding Ammunition
Item Quantity Owned Government Code
Subsection
Bushmaster XM-15 32 7070 (c)(10)
Colt M4 Carbine 21 7070 (c)(10)
Colt M4A Carbine 1 7070 (c)(10)
Smith and Wesson M&P Carbine 4 7070 (c)(10)
Ruger SR-556e 1 7070 (c)(10)
Daniel Defense DD5V4 2 7070 (c)(10)
Heckler & Koch MP5 4 7070 (c)(10)
Speer Gold Dot .223 caliber 55 grain rifle round 3000 rounds 7070 (c)(10) Ruag Swiss P Target 7.62mm 168 grain HPBT 1000 rounds 7070 (c)(10) Ruag Swiss P Styx Action 7.62mm 167 grain HP 1000 rounds 7070 (c)(10) Ruag Swiss P AP 7.62mm 196 grain AP 1000 rounds 7070 (c)(10) Winchester Creedmoor 6.5mm 1258 grain 2000 rounds 7070 (c)(10)
ITEM 14
5. Distraction Devices
Item Quantity Owned Government Code
Subsection
Defense Technology, 8922, 1089841 low roll
distraction device
12 7070 (c)(14)
6. Explosive Breaching Tools
Item Quantity Owned Government Code
Subsection
Remington 870 Breaching Shotgun 2 7070 (c)(7)
Defense Technology Frangilbe Breaching round 50 rounds 7070 (c)(7) KBT 3-1000 Kinetic Breaching Tool 1 7070 (c)(7)
7. Chemical Agents
Item Quantity Owned Government Code
Subsection
Defense Technology 1050 1012500 Aerosol OC/CS 20 7070 (c)(12) Defense Technology 1062 1012502 Smoke 37 7070 (c)(12)
Defense Technology 1030 1177120 Flameless Tri-
Chamber OC
13 7070 (c)(12)
Defense Technology 1032 1012473 Flameless Tri -
Chamber CS
7 7070 (c)(12)
8. 40mm Launchers and Rounds
Item Quantity Owned Government Code
Subsection
40mm LMT tactical single launcher 6 7070 (c)(14)
40mm Multi launcher Penn Arms 1 7070 (c)(14)
40mm eXact impact standard range sponge round 129 rounds 7070 (c)(14) 40mm eXact impact extended range sponge round 8 rounds 7070 (c)(14) 40mm Direct impact OC Crushable Foam round 49 rounds 7070 (c)(14) 40mm Ferret barricade round CS (2292) 11 rounds 7070 (c)(14) 40mm Ferret barricade round CS (2290) 10 rounds 7070 (c)(14)
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(1)
Unmanned Aircraft System (UAS)
Description: An unmanned aircraft along with the associated equipment necessary to control it remotely.
Capabilities: Unmanned Aircraft Systems are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
Expected Lifespan: Five to seven years
Manufacturer’s
Description:
Matrice 300: The DJI Matrice 300 is a powerful, industrial-grade flight platform with world-class agility and speed. The M300 has a flight time of 55 minutes without a payload and 45 minutes with one payload (one external camera). It is equipped with an anti-collision strobe beacon and has ADS -B for sensing nearby air traffic. It has full six -way directional sensing and positioning. It has a IP45 weather resistant rating. The M300 has both pinpoint and smart track modes. It is equipped with a distance finder. The M300 RTK’s mechanical design, along with quick release landing gears and mounted folding arms makes it easy to transport, store and prepare for flight.
Mavic II Enterprise: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12 megapixels photos that support up to 6x FHD zoom. DJI signature tecUologies such as Obstacle Sensing and the Advance d Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your d ata. The Mavic II Enterprise also has attachable modular accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.
Mavic Mini 2: The DJI Mavic Mini 2 features a downward vision system and infrared sending system. The Mini 2 can hover and fly indoors as well as outdoors and automatically initiate Return to Home feature. It comes with a fully stabilized 3-azis gimbal and 1/2.3” sensor camera. The Mini 2 camera is a 4k video camera and takes 12 MP photos. The Mavic Mini 2 has a maximum flight speed of 36 mph and a maximum flight time of 31 minutes.
Mavic Mini : The DJI Mavic Mini features downward vision system and infrared sending system The Mini 2 can hover and fly indoors as well as outdoors and automatically initiate Return to Home feature. It comes with a fully stabilized 3-azis gimbal and 1/2.3” sensor camera The Mini camera is a 2.7K video camera and takes 12MP photos. The Mavic Mini boasts a maximum flight speed of 29 mph and a maximum flight time of 30 minutes.
ITEM 14
Initial Cost: Matrice 300: $30,000.00 each
Mavic II Enterprise: $5,000.00 each
Mavic Mini 2: $449.00 each
Mavic Mini: $389.00 each
Legal and Procedural: Any use of Unmanned Aerial Systems will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of any Unmanned Aerial Systems potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).
Operators and observers shall also take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during Unmanned Aerial Systems operations.
Required Training: Prior to piloting any Unmanned Aeria l Systems, staff members must secure an FAA Remote Pilot License and complete all training required by our FAA certificate or authorization. For the ground vehicles agency- authored orientation course with annual refresher training.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used
The Unmanned Aerial Systems were used 31 times during 2022 -23 for surveillance during SWAT missions, to assist the Fire Department during active fires, and to locate suspects who had evaded police.
Purpose(s)/Authorized
Use:
Unmanned Aerial Systems and robots may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective.
They enhance the safety of potentially dangerous situations by providing first responders with the ability to monitor video feed from UAV cameras of hazardous areas prior to, or in lieu of, sending in personnel.
Any use of CPD Unmanned Aerial Systems will be for official law enforcement purposes, and in a manner that respects the privacy of our community.
Uses may include but are not limited to
i. Search and rescue
ii. Suspect apprehension
iii. Crime scene documentation
iv. Tactical operations
v. Scene security
vi. Hazard monitoring
vii. Identification and mitigation
viii. Response to emergency calls
ix. Crisis communications
x. Legally authorized surveillance
Complaints or Concerns: The CPD did not receive an y complaints or concerns regarding this military equipment.
ITEM 14
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Unmanned Aircraft Systems. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
Repairs & Maintenance: $1,500.00
26210.028600 – Non-Automotive Repairs – Measure H Funds UAS Platform Upgrade: $18,000.00
26210.051800 - Police Equipment – Measure H Funds
Quantity: Matrice 300: 1
Mavic II Enterprise: 3
Mavic Mini 2: 1
Mavic Mini: 4
Intention to acquire more: Yes - $18,000.00 for UAS Platform Upgrade.
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(1)
Robots
Description: Unmanned remotely operated machines on the ground utilized to enhance the safety of the community and officers.
Capabilities: Unmanned machines are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
Expected Lifespan: Eight to ten years
Manufacturer’s
Description:
Transcend Vantage Patrol Robot: The Transcend Vantage Patrol Robot enhances the capabilities of SWAT and tactical response teams by allowing them to assess and inspect dangerous situations quickly and safely. It can climb stairs and push open doors. It can deliver chemical agents. The Vantage Patrol Robot saves lives by keeping first responders out of harm’s way.
Initial Cost: $25,000.00
Legal and Procedural: Any use of a CPD robot will be for official law enforcement purposes, and in a manner that respects the privacy of our community.
Required Training: Officers utilizing the robot will have received training from a CPD SWAT members prior to deployment of the robots.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
The robot was used four times during 2022-23 during SWAT missions to locate any explosive devices or suspects.
Purpose(s)/Authorized
Use:
To be used to remotely gain visual/audio intelligence, deliver equipment, open doors, deliver chemical agents and clear buildings ahead of a search team. Officers who have been trained may deploy the robot.
They enhance the safety of potentially dangerous situations by providing first responders with the ability to monitor video feed from vehicle cameras of hazardous areas prior to, or in lieu of, sending in personnel.
Remotely piloted ground vehicles may be used to investigate potential explosive devices.
Any use of CPD robots will be for official law enforcement purposes, and in a manner that respects the privacy of our community.
Uses may include but are not limited to:
i. Search and rescue
ii. Suspect apprehension
iii. Tactical operations
iv. Scene security
v. Hazard monitoring
vi. Identification and mitigation
vii. Response to emergency calls
viii. Crisis communications
ix. Legally authorized surveillance.
Complaints or Concerns: The CPD did not receive an y complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Robot. There were no violations of the military equipment use policy.
ITEM 14
Total Annual Costs and
Funding:
Repairs & Maintenance: $1,500.00
26210.028600 – Non-Automotive Repairs – Measure H Funds Quantity: 1
Intention to acquire more: No
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(3)
Armored Vehicles
Description: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
Capabilities: Capable of transporting personnel and equipment while providing them with armored protection.
Expected Lifespan: Indefinite
Manufacturer’s
Description:
LENCO BEAR: The LENCO BEAR is an armored rescue vehicle- designed specifically for tactical response teams. It has an all- steel construction with high ballistic protection.
Initial Cost: $250,000.00
Legal and Procedural: Use shall be in accordance with California State law regarding the operation of motor vehicles.
Required Training: Agency-authored orientation course with an annual refresher.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
The Lenco Bear was used 21 times during 2022-23 during SWAT missions.
Eleven of these times were for inter-agency assists.
Purpose(s)/Authorized
Use:
To provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents.
The Lenco Bear is intended for use during critical incidents including, but not limited to:
i. Hostage situations
ii. Barricaded subject Incidents
iii. Active shooter situations
iv. High Risk arrest and warrants
v. Any threat of explosive devices
vi. Other situations where ballistic protection is necessary for protection of personnel.
Any use of the armored rescue vehicle will be for official law enforcement purposes.
Complaints or Concerns: The CPD did not receive an y complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Armored Vehicle. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
Annual Maintenance: $1,500.00
10020.028200 – Fleet Automotive Repair – General Fund
Quantity: 1
Intention to acquire more: No
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(10)
Rifles and Corresponding Ammunition
Description: A shoulder fired rifle capable of firing a projectile accurately at over 100 yards.
Capabilities: See Manufacturer’s Description
Expected Lifespan: Ten to twenty years depending on use. No expiration on ammunition Manufacturer’s
Description:
Bushmaster XM -15: The AR15 style firearm features a M4 -type hand guards. Models have either a fixed butt stock or a collapsible stock. They are chambered for 5.56 NATO ammunition. They weigh approximately 6 pounds. They have a 16” 4150 chrome -moly steel barrel. They have a birdcage style muzzle to reduce flash signature. They have a 1913 Picatinny rail on top that allow for sights and optics.
Colt M4 Carbine: Colt Enhanced Patrol Rifle (EPR) features an extended handguard that accepts modular rail segments for mounting a wide variety of pro -grade optics, lighting, and ergonomics -enhancing accessories, as well as the highly durable Magpul® MBUS® Pro Series front and rear back up sights and B5 Bravo buttstock. They have a 11.5” 4150 chrome -moly steel barrel. They have a SF3P -556-1/2-28 thread suppressor adapter/flash hider.
They are chambered for 5.56 NATO
ammunition and weigh approximately 6 pounds.
Colt M4 Carbine: The Colt M4A1 features an extended handguard that accepts modular rail segments for mounting a wide variety of pro-grade optics, lighting, and ergonomics -enhancing accessories, as well as the highly durable Magpul® MBUS® Pro Series front and rear back up sights and B5 Bravo buttstock. It has a 16” 4150 chrome-moly steel barrel. They have a birdcage style muzzle to reduce flash signature .
They are
chambered for 5.56 NATO ammunition and weighs approximately 6.95 pounds.
Smith and Wesson M&P Carbine : Smith and Wesson M&P carbine an extended handguard that accepts modular rail segments for mounting a wide variety of pro -grade optics, lighting, and ergonomics -enhancing accessories, as well as the highly durable Magpul®. They have collapsible buttstocks. They have a 16” 4150 chrome-moly steel barrel. They have a birdcage style muzzle to reduce flash signature. They are chambered for
5.56 NATO ammunition and weigh approximately 6.63 pounds.
Ruger SR-556e: Ruger SR-556 is an AR-15 style rifle that uses a gas piston operation. It has an extended handguard that accepts modular rail segments for mounting a wide variety of pro -grade optics, lighting, and ergonomics-enhancing accessories, as well as the highly durable Magpul®. It has a collaps ible buttstock. It has a 16” 4150 chrome-moly steel barrel. It has a birdcage style muzzle to reduce flash signature. It is chambered for 5.56 NATO ammunition and weighs approximately 6 pounds.
Daniel Defense DD5V4: The DD5V4 is a semi-automatic rifle chambered for 6.5 Creedmoor ammunition.
ITEM 14
Heckler & Koch MP5 : The HK MP5 is a compact sub -machine gun chambered for 9mm NATO ammunition. They are equipped with a folding stock or fixed stock.
Heckler & Koch UMP40 : The HK UMP40 is a compact sub -machine gun chambered for 40 caliber ammunition. They are equipped with a folding stock.
Speer Gold Dot .223 Caliber 55 grain Rifle Round: Ammunition made by Speer is reloadable, features nickel plated brass cases and Boxer primers, and this is a non-corrosive round. It is loaded with a soft point bullet.
Ruag Swiss P Target 7.62mm 168 grain HPBT : Swiss P target cartridges are a highly accurate target rounds used for training.
Ruag Swiss P Styx Action 7.62mm 167 grain HP: Swiss P Styx cartridges are highly accurate rounds designed to not over penetrate its target.
Ruag Swiss P AP 7.62mm 196 grain AP: Swiss P AP cartridges are highly accurate rounds designed to penetrate hard target.
Winchester Creedmoor 6.5mm 125 grain : The 6.5mm Creedmoor are designed specifically for long-range target shooting.
Initial Cost: Bushmaster XM-15: $1,000.00 each
Colt M4 Carbine: $1,227.00 each
Colt M4 Carbine: $1,699.99 each
Smith and Wesson M&P Carbine: $769.00 each
Ruger SR-556e: $1,000.00 each
Daniel Defense DD5V4: $2,000.00 each
Heckler & Koch MP5: $5,000.00 each
Heckler & Koch UMP40: $5,000.00 each
Speer Gold Dot .223 caliber 55 grain rifle round: $260/case of 500 Ruag Swiss P Target 7.62mm 168 grain HPBT: $900/case of 500 Ruag Swiss P Styx Action 7.62mm 167 grain HP: $1,545/case of 500 Ruag Swiss P AP 7.62mm 196 grain AP: $2,000/case of 500 Winchester Creedmoor 6.5mm 125 grain: $750/case of 500
Legal and Procedural: Use is established under Lexipol policy 312, 408 and 433. It is the policy of CPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Required Training: Quarterly qualifications and ongoing training.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
Rifles were deployed during 2022-23 in the following circumstances:
i. Situations where the officer reasonably anticipated an armed encounter.
ii. When an officer was faced with a situation that required accurate and effective firing at long range.
iii. Situations where an officer reasonably expected the need to meet or exceed a suspect’s firepower.
None of the deployments resulted in the rifle being fired.
ITEM 14
Purpose(s)/Authorized
Use:
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun. The use and deployment of the rifle falls under Lexipol policy 312 and 408 and 433. Only Officers who have attended the POST certified patrol rifle course may deploy the rifle.
Complaints or Concerns: The CPD did not receive an y complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accoun ted for the Rifles and Rounds of ammunition. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
Ammunition: $40,000.00.
10010.031600 – Police Ammunition – General Fund
26210.031600 – Police Ammunition – Measure H Funds
Rifle Instructor Course: $7,200.00.
26210.022600 – Tuition – Measure H Funds
26210.025800 – Travel, Lodging & Meals – Measure H Funds Sniper School: $2,900.00.
26210.022600 – Tuition – Measure H Funds
26210.025800 – Travel, Lodging & Meals – Measure H Funds Annual Maintenance & Parts: $5,000.00.
26210.051800 – Police Equipment – Measure H Funds
New Rifles: $24,000.00
26210.051800 – Police Equipment – Measure H Funds
Quantity: Bushmaster XM-15: 32
Colt M4 Carbine: 21
Colt M4 Carbine: 1
Smith and Wesson M&P Carbine: 4
Ruger SR-556e: 1
Daniel Defense DD5V4: 2
Heckler & Koch MP5: 4
Heckler & Koch UMP40: 4
Speer Gold Dot .223 caliber 55 grain rifle round: 3,000 rounds Ruag Swiss P Target 7.62mm 168 grain HPBT: 1,000 rounds Ruag Swiss P Styx Action 7.62mm 167 grain HP: 1,000 rounds Ruag Swiss P AP 7.62mm 196 grain AP: 1,000 rounds
Winchester Creedmoor 6.5mm 125 grain: 2,000 rounds
Intention to acquire more: Yes - $24,000.00 for new Rifles $40,000.00 for ammunition
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(14)
Distraction Devices
Description: Flashbang grenades, explosive breaching tools, tear gas and pepper balls.
Capabilities: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
Expected Lifespan: Upon Use.
Manufacturer’s
Description:
Defense Technology, 8922, 1089841 low roll DD Distraction Device: A non-bursting, non-fragmenting device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high -risk arrest situations.
Initial Cost: $59.90 each.
Legal and Procedural: It is the policy of the CPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Required Training: Officers must attend training hosted by certified POST instructors which is followed by an annual refresher training.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
Distraction devices were used seven times during 2022-23 during SWAT missions.
Purpose(s)/Authorized
Use:
Distraction devices are ideal for distracting dangerous suspects to allow tactical teams to complete a dangerous mission or task. Distraction devices shall only be used by officers trained in the proper use and deployment.
Diversionary Devices shall only be used:
i. By officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety.
v. During training exercises.
Complaints or Concerns: The CPD did not receive an y complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Distraction Devices. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
No Annual Cost projected for 2023-24. Additional Distraction Devices are not needed and were not budgeted.
Quantity: 12
Intention to acquire more: No
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(7)
Explosive Breaching Tools
Description: Tools that are used to conduct a positive breach using kinetic energy.
Capabilities: See Manufacturer’s Description
Expected Lifespan: Breaching shotguns: 20 years; Breaching rounds: 5 years Manufacturer’s
Description:
Remington 870 Breaching Shotgun: This weapon allows for breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges.
Defense Technology Frangilbe Breaching Round: The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.
KBT 3-1000 Kinetic Breaching Tool: This mechanically driven breaching tool has a self-contained impact ram that has no projectile or explosive pressures. It uses a black cartridge to actuate the ram.
Initial Cost: Remington 870 Breaching Shotgun: $500.00 each Defense Technology Frangilbe Breaching Round: $5.00 each KBT 3-1000 Kinetic Breaching Tool: $10,000.00 each
Legal and Procedural: Breaching tools will only be used for official law enforcement purposes and will be pursuant to State and Federal law.
Required Training: All Officers who use kinetic and shotgun breaching tools shall attend a 40-hour breaching course and will train regularly.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
The Kinetic Breaching Tool was used two times during 2022 -23 during SWAT missions.
The Remington Breaching Shotgun was not during 2022-23.
Purpose(s)/Authorized
Use:
To safely create a positive breach and enter a structure. Kinetic and shotgun breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
Complaints or Concerns: The CPD did not receive an y complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Explosive Breaching Tools . There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
Mechanical Breaching Training - $1,450.00.
26210.022600 – Tuition – Measure H Funds.
26210.025800 – Travel, Lodging & Meals – Measure H Funds.
Additional Breaching Tools are not needed and were not budgeted for 2023-24.
Quantity: Remington 870 Breaching Shotgun: 2
Defense Technology Frangilbe Breaching Round: 50 rounds KBT 3-1000 Kinetic Breaching Tool: 1
Intention to acquire more: No
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(12)
Chemical Agents
Description: Canisters that contain Oleoresin Capsicum (OC) and 2-chlorobenzylidene malononitrile (CS) chemical agents that are released when deployed.
Capabilities: See Manufacturer’s Description
Expected Lifespan: 5 years from date of manufacture
Manufacturer’s
Description:
Defense Technology 1050 1012500 Aerosol OC/CS: This device is designed for indoor use. It does not contain CFCs and is not a fire hazard.
It needs minimal decontamination by comparison to smoke, powders, or liquids. It is most effective when used in confined areas and close to the target area. This device is used to minimize the risk to all parties through pain compliance, temporary discomfort and/ or incapacitation of potentially violent or dangerous subjects. The aerosol device is ideal for cell extractions or barricades situations where the use of pyrotechnic, powder, or liquid devices is not practical or desired. The OC and CS combination provide sufficient effects in confined areas of up to 1,500 square feet.
Defense Technology 1062 1012502 Smoke: This device is designed for outdoor use. It has a high -volume continuous burn that expels its payload in approximately 30-40 seconds through four gas ports. This device can be used to conceal tactical movements or to route a crowd.
The volume of smoke and agent is vast and obtrusive.
Defense Technology 1030 1177120 Flameless Tri- Chamber OC : This device is a flameless pyrotechnic grenade which combines the effectiveness of OC as an incapacitating agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions. This device can be used in crowd control and barricade situations as a less lethal solution to incapacitate subjects through temporary discomfort, while reducing or negating the chance of fire to structures.
Defense Technology 1032 1012473 Flameless Tri- Chamber CS: This device is a flameless pyrotechnic grenade which combines the effectiveness of CS as an incapacitating agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions. This device can be used in crowd control and barricade situations as a less lethal solution to incapacitate subjects through temporary discomfort, while reducing or negating the chance of fire to structures.
Initial Cost: Defense Technology 1050 1012500 Aerosol OC/CS: $60.15 each Defense Technology 1050 1012500 Smoke OC/CS: $50.70 each Defense Technology 1030 1177120 Flameless Tri -Chamber OC: $49.00 each
Defense Technology 1032 1012473 Flameless Tri -Chamber CS : $46.25 each
Legal and Procedural: It is the policy of the CPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Required Training: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents’ instructors.
Other Notes: None
ITEM 14
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
There were no Chemical Agents used during 2022-23.
Purpose(s)/Authorized
Use:
To limit the escalation of conflict where deployment of lethal force is prohibited or undesirable. Situations for use may include, but are not limited to:
i. Self-destructive, dangerous, and/or combative individuals ii. Barricaded suspects
iii. Riot/crowd control incidents
iv. Training exercises
Complaints or Concerns: The CPD did not receive and complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Chemical Agents. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
No Annual Cost projected for 2023-24. Additional Chemical Agents are not needed and were not budgeted.
Quantity: Defense Technology 1050 1012500 Aerosol OC/CS: 20 Defense Technology 1050 1012500 Smoke OC/CS: 37
Defense Technology 1030 1177120 Flameless Tri-Chamber OC: 13 Defense Technology 1032 1012473 Flameless Tri-Chamber CS: 7 Intention to acquire more: No
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(14)
40mm Launchers and Rounds
Description: 40mm Launchers are utilized by department personnel as a less lethal tool to launch less lethal impact and OC/CS rounds.
Capabilities: See Manufacturer’s Description.
Expected Lifespan: 40mm LMT tactical single launcher: 20 years 40mm multi launcher Penn Arms: 20 years
40mm eXact impact standard range sponge round (6325) : 5 years from date of manufacture
40mm eXact impact extended range sponge round(6325LE): 5 years from date of manufacture
40mm Direct Impact OC Crushable Foam round (6320): upon use 40mm Ferret barricade round CS (2292) : 5 years from date of manufacture
40mm Ferret barricade round OC (2290) : 5 years from date of manufacture
Manufacturer’s
Description:
40mm LMT tactical single launcher (6): The 40mm launcher is a single shot launcher that was manufactured exclusively for Defense Technology. It features and expandable ROGERS Super Stoc and an adjustable integrated front grip with a light rail. The ambidextrous lateral sling mount and QD mounting systems allows both a single - and two- point sling. This launcher will fire standard 40mm less lethal ammunition cartridges, up to 4.8-inch in length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.
40mm multi launcher Penn Arms (1): This 40mm multi-round launcher is a spring advanced launcher with a 5” cylinder. It has the capability of firing 6 shots in succession. It has a 12-inch barrel and weighs 9.2 pounds.
It has a top Picatinny rail to allow for sights or optics. It has a fixed stock with a push button cross bolt trigger safety.
40mm eXact impact standard range sponge round (6325) (129) : This round is a point of aim, point of impact direct fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore have velocities that are extremely consistent.
40mm eXact impact extended range sponge round(6325LE) (8 ): This round is a point of aim, point of impact direct fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore has velocities that are extremely consistent.
40mm Direct Impact OC Crushable Foam round (6320) (49): This round is a point of aim, point of impact direct fire round. This round is designed to be a solution for incapacitating a single subject or controlling a crowd When loaded with OC it combines the impact of the foam round with the effects of an irritant powder maximizing the potential for rendering the subject/subjects incapacitated.
ITEM 14
40mm Ferret Barricade round CS (2292) (11): This Ferret Barricade Penetrating round is filled with a CS powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is non- burning and designed to penetrate barriers such as window s, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload i nside a structure or vehicle.
40mm Ferret B arricade round OC (2290) (10): This F erret Barricade Penetrating round is filled with an OC powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is non- burning and designed to penetrate barriers. This round is primarily used to dislodge barricaded subjects. It can also be used for area of denial. It is designed to penetrate barriers, such as window s, hollow core doors, wallboard and thi n plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.
Initial Cost: 40mm LMT tactical single launcher: $1,000.00 each 40mm multi launcher Penn Arms: $3,146.00 each
40mm eXact impact standard range sponge round (6325): $28.65 each 40mm eXact impact extended range sponge round(6325LE): $30.80 each 40mm Direct Impact OC Crushable Foam round (6320): $31.90 each 40mm Ferret barricade round CS (2292): $27.85 each
40mm Ferret barricade round OC (2290): $28.65 each
Legal and Procedural: It is the policy of CPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Required Training: Sworn members utilizing 40mm launchers are certified by POST instructors.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
A 40mm Launcher was used two times on SWAT missions:
i. To disable an exterior camera.
ii. To subdue a subject brandishing a machete.
Purpose(s)/Authorized
Use:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use may include, but are not limited to:
i. Self-destructive, dangerous, and/or combative individuals ii. Barricaded suspects
iii. Riot/crowd control and civil unrest incidents
iv. Training exercises
Complaints or Concerns: The CPD did not receive an y complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the 40mm launchers and rounds . There were no violations of the military equipment use policy.
ITEM 14
Total Annual Costs and
Funding:
Mechanical Breaching Training - $1,450.00
26210.022600 - Tuition – Measure H Funds
26210.025800 – Travel, Lodging & Meals – Measure H Funds Less Lethal Ammunition - $12,000.00
10010.031600 – Ammunition – General Fund
26210.031600 – Ammunition – Measure H Funds
Replacement Parts - $2,500.00
26210.051800 – Police Equipment – Measure H Funds
Less Lethal 40mm Launchers - $17,500.00
26210.051800 – Police Equipment – Measure H Funds
Quantity: 40mm LMT tactical single launcher: 6
40mm multi launcher Penn Arms: 1
40mm eXact impact standard range sponge round (6325): 129 40mm eXact impact extended range sponge round(6325LE): 8 40mm Direct Impact OC Crushable Foam round (6320): 49
40mm Ferret barricade round CS (2292): 11
40mm Ferret barricade round OC (2290): 10
Intention to acquire more: Yes - $12,000.00 for Less Lethal 40mm Ammunition $17,500.00 for Less Lethal 40mm Launchers
ITEM 14
ITEM 14
oRDINANCE NO. 2022-1073
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES
AiIENDING TITLE 9, PUBLIC PEACE, ilIORALS AND WELFARE, OF THE CERES ilIUNICIPAL CODE TO ADD CHAPTER 22, ADOPTING A TIIILITARY EQUIPIIENT
USE POLICY
THE CITY COUNCIL
City of Ceres
WHEREAS, On September 30,2021, Governor Gavin Newsom signed into law Assembly Bill481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body by an ordinance adopting a military equipment use policy at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "Military Equipment" is defined in California Government Code section 7070; and WHEREAS, the Ceres Police Department currently has items in its inventory deemed to be Military Equipment under the provisions of Assembly Bill 481, and California Government Code 7070 through 7075; and
WHEREAS, the Ceres Police Department has established a Military Equipment Use Policy that meets the requirements set forth in Assembly Bill 481, and WHEREAS, the Military Equipment identified in the Ceres Police Department's Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives for officer and civilian safety; and WHEREAS, the Ceres Police Department's Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
NOW, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 9, Public Peace, Morals, and Welfare, of the Ceres Municipal Code shall be amended to add Chapter 9.22, Military Equipment Use Policy Adoption, that shall read as follows:
Chapbr 22
MILITARY EQUIPMENT USE POLICY ADOPTION
lcwl13760.21
ATTACHMENT C
ITEM 14
Sectionc:
9.22.0{0 Findings.
9.22.020 Determinations.
9.22.010 Findings.
A. On September 30,2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.
B. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforoement agencies to obtain approval of the applicable governing body, by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term military equipment is defined in California Government Code section 7070.
C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes the determinations established in California Government Code section 7A70, subdivision (dx1).
D. The proposed military equipment use policy is found within Ceres Police Department Poliry and Procedural manual.
E. Ceres Police Department Policy was published on the Ceres Police Department's intemet website on September 21,2022. ln addition, the Ceres Police Department, Military Equipment Use Policy was presented to City Council on Oc*ober 24,2022.
F. The Ceres Police Department, Military Equipment Use policy, meets the requirements of California Government code section 7070, subdivision (d).
9.22.020 Debrminations.
Based on the finding.s a!gve-, in addition to the information provided to the City Council at the public meeting, the City Councildetermines as follows:
1. The. military. equipment identified in the Ceres Police Department, Military Equipment Use Policy, is necessary because there are no reasdnable alternativel that can achieve the same objectives of ofiicer and civitian safety.
2. Ceres Police.Department, Military Equipment Use Policy, witlsafeguard the public's welfare, safety, civil rights, and civil tiberties.
3. The. military..equipment identified in the Ceres Police Department, Military Equipment .Use Policy, is reasonably cost-effective compired to .availabl6
alternatives that can achieve the same objective of officer and civilian safety.
4. Ceres Police Department, Military Equipment Use Policy, is approved and adopted. lcwl13760.21 Ordinance No. 2022-'1073; Page 2 of 3
ITEM 14
SECTTON 2. SEYERABILITY. lf any secthn. subdiyisiofl, senten6, clause, phrase, or portion of this Ordinarca is, hr any roaaon, held invalid or unconeffiutbnal by any mlrt of cornpetent jurisdiction, $rch portion shsll be demed a seserete, distinct, and indepondent provision, and such holding shall not affiEct the valktity of the remaining portione thEreof.
SECTION 3. PUBLICATIOiI AND EFFECTIVE DATE. This Odinance shall become effactive Stirty (30) dayc from and efter its final pascage and adrylbn, provkid it is rublisM in a narspaper of general circulatbn at least wtthin fiften (15) days afier its passege or a $ummary of the Ordinance is publiehed in a newspaper d ryneral circulation at bast five (5) days prior to adoplbn and again at least within fifteon (15) days afier ib pessage.
SE6TIOI{ {. CERTIFICATIO]{ GF COUXCIL ADOP.T|oH AND APPROYAL. ThiS Ordinance was introduced at a regular netiry of the City Council held on the 24tt'day of Octobor 2022, and pased bnd edopted as Ordinanm No. 2022-1073 at a rqular meeting of City Council held on the 146 day of Nowmbsr, 2O22by the following vote:
AYES:
NOE$:
ABSENT:
ABSTAIN:
ATTEST:
Councilmernbers: Casey, Kline, Silveira and Mayor Lopez Councilmemberc: None
Councilmembers: None
Councilnembors: Np
LfufA,o4 UAD\$ ' '
Fallon Martin, City Clerk
APPROVED AS TO FORM:
lcwl l]16{1 2} Odinance No.2022-1073; Page 3 d 3
4 4-"2 -Ndbia l. Gqhr6tein, City Attorney
ITEM 14
ITEM 14
Ceres Police Division
Ceres PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Copyright Lexipol, LLC 2023/06/07, All Rights Reserved.
Published with permission by Ceres Police Division
Military Equipment - 1
Policy
709
ATTACHMENT D
ITEM 14
Ceres Police Division
Ceres PD Policy Manual
Military Equipment
709.2 POLICY
It is the policy of the Ceres Police Division that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.
709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Ceres Police Division (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See attachment: LEXIPOL FINAL JUNE 2023.pdf
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The
Copyright Lexipol, LLC 2022/12/14, All Rights Reserved.
Published with permission by Ceres Police Division
Military Equipment - 2
ITEM 14
Ceres Police Division
Ceres PD Policy Manual
Military Equipment
military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.
709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department Policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction or completing a lawful function shall comply with their respective military equipment use policies.
709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Ch ief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Copyright Lexipol, LLC 2022/12/14, All Rights Reserved.
Published with permission by Ceres Police Division
Military Equipment - 3
ITEM 14
Ceres Police Division
Ceres PD Policy Manual
Military Equipment
709.9 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment that is not included in the Military Equipment Use Police.
If the Police Department acquires, borrows and/or uses Military Equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
Provide written notice of that acquisition or use to the City Council within 30 days following the completion of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.
If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
Include the Military Equipment in the Police Department's next annual Military Equipment Report.
Copyright Lexipol, LLC 2022/12/14, All Rights Reserved.
Published with permission by Ceres Police Division
Military Equipment - 4
ITEM 14
Ceres PD Policy Manual
Attachments
LEXIPOL FINAL JUNE 2023.pdf
Copyright Lexipol, LLC 2022/12/14, All Rights Reserved.
Published with permission by Ceres Police Division
Attachments &
Lexipol Final - 5
ITEM 14
2023 Ceres Police Department Military Equipment Use Supplement
California Government Code §7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.
California Government Code §7070(d) describes a Military Equipment Use Policy as a publicly released, written document that includes, at minimum, all of the following:
1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, which must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
California G overnment Code § 7070(c) defines Military Equipment as any of the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
ITEM 14
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the Ceres Police Department will submit to the Ceres City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. T he total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Ceres City Council will use the Annual Military Equipment Report as a mechanism to ensure the Ceres Police Department’s compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
1. Via Ceres Police website; www.ci.ceres.ca.us
2. Via phone call to the Police Administrative Sergeant at (209) 538-5719
3. Via mail sent to: Ceres Police Department
Attn: Military Equipment Use Coordinator
2727 3rd. St.
Ceres, CA. 95307
The Ceres Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(1)
Unmanned Aircraft System (UAS)
Description: An unmanned aircraft along with the associated equipment necessary to control it remotely.
Capabilities: Unmanned Aircraft Systems are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
Expected Lifespan: Five to seven years
Manufacturer’s
Description:
Matrice 300: The DJI Matrice 300 is a powerful, industrial -grade flight platform with world-class agility and speed. The M300 has a flight time of 55 minutes without a payload and 45 minutes with one payload (one external camera). It is equipped with an anti-collision strobe beacon and has ADS -B for sensing nearby air traffic. It has full six -way directional sensing and positioning. It has a IP45 weather resistant rating. The M300 has both pinpoint and smart track modes. It is equipped with a distance finder. The M300 RTK’s mechanical design, along with quick release landing gears and mounted folding arms makes it easy to transport, store and prepare for flight.
Mavic II Enterprise: The DJI Mavic II Enterprise features omnidirectional Vision S ystems and Infrared Sensing Systems and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12 megapixels photos that support up to 6x FHD zoom. DJI signature tecUologies such as Obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II
Enterprise also has attachable modular
accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.
Mavic Mini 2: The DJI Mavic Mini 2 features a downward vision system and infrared sending system. The Mini 2 can hover and fly indoors as well as outdoors and automatically initiate Return to Home feature. It comes with a fully stabilized 3 -azis gimbal and 1/2.3” sensor camera. The Mini 2 camera is a 4k video camera and takes 12 MP photos. The Mavic Mini 2 has a maximum flight speed of 36 mph and a maximum flight time of 31 minutes.
Mavic Mini : The DJI Mavic Mini features downward vision system and infrared sending system The Mini 2 can hover and fly indoors as well as outdoors and automatically initiate Return to Home feature. It comes with a fully stabilized 3-azis gimbal and 1/2.3” sensor camera The Mini camera is a 2.7K video camera and takes 12MP photos. The Mavic Mini boasts a maximum flight speed of 29 mph and a maximum flight time of 30 minutes.
Initial Cost: Matrice 300: $30,000.00 each
Mavic II Enterprise: $5,000.00 each
Mavic Mini 2: $449.00 each
Mavic Mini: $389.00 each
ITEM 14
Legal and Procedural: Any use of Unmanned Aerial Systems will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of any Unmanned Aerial Systems potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).
Operators and observers shall also take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during Unmanned Aerial Systems operations.
Required Training: Prior to piloting any Unmanned Aerial Systems, staff members must secure an FAA Remote Pilot License and complete all training required by our FAA certificate or authorization. For the ground vehicles agency- authored orientation course with annual refresher training.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used
The Unmanned Aerial Systems were used 31 times during 2022 -23 for surveillance during SWAT missions, to assist the Fire Department during active fires, and to locate suspects who had evaded police.
Purpose(s)/Authorized
Use:
Unmanned Aerial Systems and robots may be utilized to enhance the Department’s mission of protecting lives an d property when other means and resources are not available or are less effective.
They enhance the safety of potentially dangerous situations by providing first responders with the ability to monitor video feed from UAV cameras of hazardous areas prior to, or in lieu of, sending in personnel.
Any use of CPD Unmanned Aerial Systems will be for official law enforcement purposes, and in a manner that respects the privacy of our community.
Uses may include but are not limited to
i. Search and rescue
ii. Suspect apprehension
iii. Crime scene documentation
iv. Tactical operations
v. Scene security
vi. Hazard monitoring
vii. Identification and mitigation
viii. Response to emergency calls
ix. Crisis communications
x. Legally authorized surveillance
Complaints or Concerns: The CPD did not receive any complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Unmanned Aircraft Systems. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
Repairs & Maintenance: $1,500.00
26210.028600 – Non-Automotive Repairs – Measure H Funds UAS Platform Upgrade: $18,000.00
26210.051800 - Police Equipment – Measure H Funds
ITEM 14
Quantity: Matrice 300: 1
Mavic II Enterprise: 3
Mavic Mini 2: 1
Mavic Mini: 4
Intention to acquire more: Yes - $18,000.00 for UAS Platform Upgrade.
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(1)
Robots
Description: Unmanned remotely operated machines on the ground utilized to enhance the safety of the community and officers.
Capabilities: Unmanned machines are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
Expected Lifespan: Eight to ten years
Manufacturer’s
Description:
Transcend Vantage Patrol Robot: The Transcend Vantage Patrol Robot enhances the capabilities of SWAT and tactical response teams by allowing them to assess and inspect dangerous situations quickly and safely. It can climb stairs and push open doors. It can deliver chemical agents. The Vantage Patrol Robot saves lives by keeping first responders out of harm’s way.
Initial Cost: $25,000.00
Legal and Procedural: Any use of a CPD robot will be for official law enforcement purposes, and in a manner that respects the privacy of our community.
Required Training: Officers utilizing the robot will have received training from a CPD SWAT members prior to deployment of the robots.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
The robot was used four times during 2022-23 during SWAT missions to locate any explosive devices or suspects.
Purpose(s)/Authorized
Use:
To be used to remotely gain visual/audio intelligence, deliver equipment, open doors, deliver chemical agents and clear buildings ahead of a search team. Officers who have been trained may deploy the robot.
They enhance the safety of potentially dangerous situations by providing first responders with the ability to monitor video fe ed from vehicle cameras of hazardous areas prior to, or in lieu of, sending in personnel.
Remotely piloted ground vehicles may be used to investigate potential explosive devices.
Any use of CPD robots will be for official law enforcement purposes, and in a manner that respects the privacy of our community.
Uses may include but are not limited to:
i. Search and rescue
ii. Suspect apprehension
iii. Tactical operations
iv. Scene security
v. Hazard monitoring
vi. Identification and mitigation
vii. Response to emergency calls
viii. Crisis communications
ix. Legally authorized surveillance.
Complaints or Concerns: The CPD did not receive any complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Robot. There were no violations of the military equipment use policy.
ITEM 14
Total Annual Costs and
Funding:
Repairs & Maintenance: $1,500.00
26210.028600 – Non-Automotive Repairs – Measure H Funds Quantity: 1
Intention to acquire more: No
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(3)
Armored Vehicles
Description: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
Capabilities: Capable of transporting personnel and equipment while providing them with armored protection.
Expected Lifespan: Indefinite
Manufacturer’s
Description:
LENCO BEAR: The LENCO BEAR is an armored rescue vehicle- designed specifically for tactical response teams. It has an all- steel construction with high ballistic protection.
Initial Cost: $250,000.00
Legal and Procedural: Use shall be in accordance with California State law regarding the operation of motor vehicles.
Required Training: Agency-authored orientation course with an annual refresher.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
The Lenco Bear was used 21 times during 2022-23 during SWAT missions.
Eleven of these times were for inter-agency assists.
Purpose(s)/Authorized
Use:
To provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents.
The Lenco Bear is intended for use during critical incidents including, but not limited to:
i. Hostage situations
ii. Barricaded subject Incidents
iii. Active shooter situations
iv. High Risk arrest and warrants
v. Any threat of explosive devices
vi. Other situations where ballistic prote ction is necessary for protection of personnel.
Any use of the armored rescue vehicle will be for official law enforcement purposes.
Complaints or Concerns: The CPD did not receive any complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Armored Vehicle. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
Annual Maintenance: $1,500.00
10020.028200 – Fleet Automotive Repair – General Fund
Quantity: 1
Intention to acquire more: No
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(10)
Rifles and Corresponding Ammunition
Description: A shoulder fired rifle capable of firing a projectile accurately at over 100 yards.
Capabilities: See Manufacturer’s Description
Expected Lifespan: Ten to twenty years depending on use. No expiration on ammunition Manufacturer’s
Description:
Bushmaster XM -15: The AR15 style firearm features a M4 -type hand guards. Models have either a fixed butt stock or a collapsible stock. They are chambered for 5.56 NATO ammunition. They weigh approximately 6 pounds. They have a 16” 4150 chrome -moly steel barrel. They have a birdcage style muzzle to reduce flash signature. They have a 1913 Picatinny rail on top that allow for sights and optics.
Colt M4 Carbine: Colt Enhanced Patrol Rifle (EPR) features an extended handguard that accepts modular rail segment s for mounting a wide variety of pro -grade optics, lighting, and ergonomics -enhancing accessories, as well as the highly durable Magpul® MBUS® Pro Series front and rear back up sights and B5 Bravo buttstock. They have a 11.5” 4150 chrome -moly steel barrel. They have a SF3P -556-1/2-28 thread suppressor adapter/flash hider. They are chambered for 5.56 NATO ammunition and weigh approximately 6 pounds.
Colt M4 Carbine: The Colt M4A1 features an extended handguard that accepts modular rail segments for mounting a wide variety of pro-grade optics, lighting, and ergonomics -enhancing accessories, as well as the highly durable Magpul® MBUS® Pro Series front and rear back up sights and B5 Bravo buttstock. It has a 16” 4150 chrome-moly steel barrel. They have a birdca
ge style muzzle to reduce flash signature. They are
chambered for 5.56 NATO ammunition and weighs approximately 6.95 pounds.
Smith and Wesson M&P Carbine : Smith and Wesson M&P carbine an extended handguard that accepts modular rail segments for mounting a wide variety of pro -grade optics, lighting, and ergonomics -enhancing accessories, as well as the highly durable Magpul®. They have collapsible buttstocks. They have a 16” 4150 chrome-moly steel barrel. They have a birdcage style muzzle to reduce flash signature. They are chambered for
5.56 NATO ammunition and weigh approximately 6.63 pounds.
Ruger SR-556e: Ruger SR-556 is an AR-15 style rifle that uses a gas piston operation. It has an extended handguard that accepts modular rail segments for mounting a w ide variety of pro-grade optics, lighting, and ergonomics-enhancing accessories, as well as the highly durable Magpul®. It has a collapsible buttstock. It has a 16” 4150 chrome -moly steel barrel. It has a birdcage style muzzle to reduce flash signature. It is chambered for 5.56 NATO ammunition and weighs approximately 6 pounds.
Daniel Defense DD5V4: The DD5V4 is a semi-automatic rifle chambered for 6.5 Creedmoor ammunition.
Heckler & Koch MP5 : The HK MP5 is a compact sub -machine gun chambered for 9mm NATO ammunition. They are equipped with a folding stock or fixed stock.
ITEM 14
Heckler & Koch UMP40 : The HK UMP40 is a compact sub -machine gun chambered for 40 caliber ammunition. They are equipped with a folding stock.
Speer Gold Dot .223 Caliber 55 grain Rifle Round: Ammunition made by Speer is reloadable, features nickel plated brass cases and Boxer primers, and this is a non-corrosive round. It is loaded with a soft point bullet.
Ruag Swiss P Target 7.62mm 168 grain HPBT : Swiss P target cartridges are a highly accurate target rounds used for training.
Ruag Swiss P Styx Action 7.62mm 167 grain HP: Swiss P Styx cartridges are highly accurate rounds designed to not over penetrate its target.
Ruag Swiss P AP 7.62mm 196 grain AP: Swiss P AP cartridges are highly accurate rounds designed to penetrate hard target.
Winchester Creedmoor 6.5mm 125 grain : The 6.5mm Creedmoor are designed specifically for long-range target shooting.
Initial Cost: Bushmaster XM-15: $1,000.00 each
Colt M4 Carbine: $1,227.00 each
Colt M4 Carbine: $1,699.99 each
Smith and Wesson M&P Carbine: $769.00 each
Ruger SR-556e: $1,000.00 each
Daniel Defense DD5V4: $2,000.00 each
Heckler & Koch MP5: $5,000.00 each
Heckler & Koch UMP40: $5,000.00 each
Speer Gold Dot .223 caliber 55 grain rifle round: $260/case of 500 Ruag Swiss P Target 7.62mm 168 grain HPBT: $900/case of 500 Ruag Swiss P Styx Action 7.62mm 167 grain HP: $1,545/case of 500 Ruag Swiss P AP 7.62mm 196 grain AP: $2,000/case of 500 Winchester Creedmoor 6.5mm 125 grain: $750/case of 500
Legal and Procedural: Use is established under Lexipol policy 312, 408 and 433. It is the policy of CPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Required Training: Quarterly qualifications and ongoing training.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
Rifles were deployed during 2022-23 in the following circumstances:
i. Situations where the officer reasonably anticipated an armed encounter.
ii. When an officer was faced with a situation that required accurate and effective firing at long range.
iii. Situations where an officer reasonably exp ected the need to meet or exceed a suspect’s firepower.
None of the deployments resulted in the rifle being fired.
Purpose(s)/Authorized
Use:
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun. The use and deployment of the rifle falls under Lexipol policy 312 and 408 and 433. Only Officers who have attended the POST certified patrol rifle course may deploy the rifle.
Complaints or Concerns: The CPD did not receive any complaints or con cerns regarding this military equipment.
ITEM 14
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Rifles and Rounds of ammunition. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
Ammunition: $40,000.00.
10010.031600 – Police Ammunition – General Fund
26210.031600 – Police Ammunition – Measure H Funds
Rifle Instructor Course: $7,200.00.
26210.022600 – Tuition – Measure H Funds
26210.025800 – Travel, Lodging & Meals – Measure H Funds Sniper School: $2,900.00.
26210.022600 – Tuition – Measure H Funds
26210.025800 – Travel, Lodging & Meals – Measure H Funds Annual Maintenance & Parts: $5,000.00.
26210.051800 – Police Equipment – Measure H Funds
New Rifles: $24,000.00
26210.051800 – Police Equipment – Measure H Funds
Quantity: Bushmaster XM-15: 32
Colt M4 Carbine: 21
Colt M4 Carbine: 1
Smith and Wesson M&P Carbine: 4
Ruger SR-556e: 1
Daniel Defense DD5V4: 2
Heckler & Koch MP5: 4
Heckler & Koch UMP40: 4
Speer Gold Dot .223 caliber 55 grain rifle round: 3,000 rounds Ruag Swiss P Target 7.62mm 168 grain HPBT: 1,000 rounds Ruag Swiss P Styx Action 7.62mm 167 grain HP: 1,000 rounds Ruag Swiss P AP 7.62mm 196 grain AP: 1,000 rounds
Winchester Creedmoor 6.5mm 125 grain: 2,000 rounds
Intention to acquire more: Yes - $24,000.00 for new Rifles $40,000.00 for ammunition
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(14)
Distraction Devices
Description: Flashbang grenades, explosive breaching tools, tear gas and pepper balls.
Capabilities: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
Expected Lifespan: Upon Use.
Manufacturer’s
Description:
Defense Technology, 8922, 1089841 low roll DD Distraction Device: A non-bursting, non-fragmenting device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high -risk arrest situations.
Initial Cost: $59.90 each.
Legal and Procedural: It is the policy of the CPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Required Training: Officers must attend training hosted by certified POST instructors which is followed by an annual refresher training.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
Distraction devices were used seven times during 2022-23 during SWAT missions.
Purpose(s)/Authorized
Use:
Distraction devices are ideal for distracting dangerous suspects to allow tactical teams to complete a dangerous mission or task. Distraction devices shall only be used by officers trained in the proper use and deployment.
Diversionary Devices shall only be used:
i. By officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety.
v. During training exercises.
Complaints or Concerns: The CPD did not receive any complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Distraction Devices. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
No Annual Cost projected for 2023-24. Additional Distraction Devices are not needed and were not budgeted.
Quantity: 12
Intention to acquire more: No
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(7)
Explosive Breaching Tools
Description: Tools that are used to conduct a positive breach using kinetic energy.
Capabilities: See Manufacturer’s Description
Expected Lifespan: Breaching shotguns: 20 years; Breaching rounds: 5 years Manufacturer’s
Description:
Remington 870 Breaching Shotgun: This weapon allows for breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges.
Defense Technology Frangilbe Breaching Round: The round is fired from a breaching shotgun and is used to destroy deadb olts, locks, and hinges.
KBT 3-1000 Kinetic Breaching Tool: This mechanically driven breaching tool has a self-contained impact ram that has no projectile or explosive pressures. It uses a black cartridge to actuate the ram.
Initial Cost: Remington 870 Breaching Shotgun: $500.00 each Defense Technology Frangilbe Breaching Round: $5.00 each KBT 3-1000 Kinetic Breaching Tool: $10,000.00 each
Legal and Procedural: Breaching tools will only be used for official law enforcement purposes and will be pursuant to State and Federal law.
Required Training: All Officers who use kinetic and shotgun breaching tools shall attend a 40-hour breaching course and will train regularly.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
The Kinetic Breaching Tool was used two times during 2022 -23 during SWAT missions.
The Remington Breaching Shotgun was not during 2022-23.
Purpose(s)/Authorized
Use:
To safely create a positive breach and enter a structure. Kinetic and shotgun breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
Complaints or Concerns: The CPD did not receive any complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Explosive Breaching Tools. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
Mechanical Breaching Training - $1,450.00.
26210.022600 – Tuition – Measure H Funds.
26210.025800 – Travel, Lodging & Meals – Measure H Funds.
Additional Breaching Tools are not needed and were not budgeted for 2023-24.
Quantity: Remington 870 Breaching Shotgun: 2
Defense Technology Frangilbe Breaching Round: 50 rounds KBT 3-1000 Kinetic Breaching Tool: 1
Intention to acquire more: No
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(12)
Chemical Agents
Description: Canisters that contain Oleoresin Capsicum (OC) and 2-chlorobenzylidene malononitrile (CS) chemical agents that are released when deployed.
Capabilities: See Manufacturer’s Description
Expected Lifespan: 5 years from date of manufacture
Manufacturer’s
Description:
Defense Technology 1050 1012500 Aerosol OC/CS: This device is designed for indoor use. It does not contain CFCs and is not a fire hazard.
It needs minimal decontamination by comparison to smoke, powders, or liquids. It is most effective when used in confined areas and close to the target area. This device is used to minimize the risk to all parties through pain compliance, temporary discomfort a nd/or incapacitation of potentially violent or dangerous subjects. The aerosol device is ideal for cell extractions or barricades situations where the use of pyrotechnic, powder, or liquid devices is not practical or desired. The OC and CS combination provide sufficient effects in confined areas of up to 1,500 square feet.
Defense Technology 1062 1012502 Smoke: This device is designed for outdoor use. It has a high -volume continuous burn that expels its payload in approximately 30-40 seconds through four gas ports. This device can be used to conceal tactical movements or to route a crowd.
The volume of smoke and agent is vast and obtrusive.
Defense Technology 1030 1177120 Flameless Tri- Chamber OC : This device is a flameless pyrotechnic grenade which combines the effectiveness of OC as an incapacitating agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions. This device can be used in crowd control and barricade situations as a less lethal solution to incapacitate subjects through temporary discomfort, while reducing or negating the chance of fire to structures.
Defense Technology 1032 1012473 Flameless Tri- Chamber CS: This device is a flameless pyrotechnic grenade which combines the effectiveness of CS as an incapacitating agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions. This device can be used in crowd control and barricade situations as a less lethal solution to incapacitate subjects through temporary discomfort, while reducing or negating the chance of fire to structures.
Initial Cost: Defense Technology 1050 1012500 Aerosol OC/CS: $60.15 each Defense Technology 1050 1012500 Smoke OC/CS: $50.70 each Defense Technology 1030 1177120 Flameless Tri -Chamber OC: $49.00 each
Defense Technology 1032 1012473 Flameless Tri -Chamber CS : $46.25 each
Legal and Procedural: It is the policy of the CPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Required Training: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents’ instructors.
Other Notes: None
ITEM 14
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
There were no Chemical Agents used during 2022-23.
Purpose(s)/Authorized
Use:
To limit the escalation of conflict where deployment of lethal force is prohibited or undesirable. Situations for use may include, but are not limited to:
i. Self-destructive, dangerous, and/or combative individuals ii. Barricaded suspects
iii. Riot/crowd control incidents
iv. Training exercises
Complaints or Concerns: The CPD did not receive and complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Chemical Agents. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
No Annual Cost projected for 2023 -24. Additional Chemical Agents are not needed and were not budgeted.
Quantity: Defense Technology 1050 1012500 Aerosol OC/CS: 20 Defense Technology 1050 1012500 Smoke OC/CS: 37
Defense Technology 1030 1177120 Flameless Tri-Chamber OC: 13 Defense Technology 1032 1012473 Flameless Tri-Chamber CS: 7 Intention to acquire more: No
ITEM 14
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(14)
40mm Launchers and Rounds
Description: 40mm Launchers are utilized by department personnel as a less lethal tool to launch less lethal impact and OC/CS rounds.
Capabilities: See Manufacturer’s Description.
Expected Lifespan: 40mm LMT tactical single launcher: 20 years 40mm multi launcher Penn Arms: 20 years
40mm eXact impact standard range sponge round (6325) : 5 years from date of manufacture
40mm eXact impact extended range sponge round(6325LE): 5 years from date of manufacture
40mm Direct Impact OC Crushable Foam round (6320): upon use 40mm Ferret barricade round CS (2292) : 5 years from date of manufacture
40mm Ferret barricade round OC (2290) : 5 years from date of manufacture
Manufacturer’s
Description:
40mm LMT tactical single launcher (6): The 40mm launcher is a single shot launcher that was manufactured exclusively for Defense Technology. It features and expandable ROGERS Super Stoc and an adjustable integrated front grip with a light rail. The ambidextrous lateral sling mount and QD mounting systems allows both a single - and two- point sling. This launcher will fire standard 40mm less lethal ammunition cartridges, up to 4.8-inch in length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.
40mm multi launcher Penn Arms (1): This 40mm multi-round launcher is a spring advanced launcher with a 5” cylinder. It has the capability of firing 6 shots in succession. It has a 12-inch barrel and weighs 9.2 pounds.
It has a top Picatinny rail to allow for sights or optics. It has a fixed stock with a push button cross bolt trigger safety.
40mm eXact impact standard range sponge round (6325) (129) : This round is a point of aim, point of impact direct fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore have velocities that are extremely consistent.
40mm eXact impact extended range sponge round(6325LE) (8 ): This round is a point of aim, point of impact direct fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore has velocities that are extremely consistent.
40mm Direct Impact OC Crushable Foam round (6320) (49): This round is a point of aim, point of impact direct fire round. This round is designed to be a solution for incapacitating a single subject or controlling a crowd When loaded with OC it combines the impact of the foam round with the effects of an irritant powder maximizing the potential for rendering the subject/subjects incapacitated.
ITEM 14
40mm Ferret Barricade ro und CS (2292) (11): This Ferret Barricade Penetrating round is filled with a CS powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is non- burning and designed to penetrate barriers such as window s, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.
40mm Ferret B arricade round OC (2290) (10): This F erret Barricade Penetrating round is filled with an OC powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is non- burning and designed to penetrate barriers. This round is primarily used to dislodge barricaded subjects. It can also be used for area of denial. It is designed to penetrate barriers, such as window s, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.
Initial Cost: 40mm LMT tactical single launcher: $1,000.00 each 40mm multi launcher Penn Arms: $3,146.00 each
40mm eXact impact standard range sponge round (6325): $28.65 each 40mm eXact impact extended range sponge round(6325LE): $30.80 each 40mm Direct Impact OC Crushable Foam round (6320): $31.90 each 40mm Ferret barricade round CS (2292): $27.85 each
40mm Ferret barricade round OC (2290): $28.65 each
Legal and Procedural: It is the policy of CPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Required Training: Sworn members utilizing 40mm launchers are certified by POST instructors.
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:
Summary of How the
Military Equipment was
Used:
A 40mm Launcher was used two times on SWAT missions:
i. To disable an exterior camera.
ii. To subdue a subject brandishing a machete.
Purpose(s)/Authorized
Use:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use may include, but are not limited to:
i. Self-destructive, dangerous, and/or combative individuals ii. Barricaded suspects
iii. Riot/crowd control and civil unrest incidents
iv. Training exercises
Complaints or Concerns: The CPD did not receive any complaints or concerns regarding this military equipment.
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the 40mm launchers and rounds. There were no violations of the military equipment use policy.
Total Annual Costs and
Funding:
Mechanical Breaching Training - $1,450.00
26210.022600 - Tuition – Measure H Funds
26210.025800 – Travel, Lodging & Meals – Measure H Funds Less Lethal Ammunition - $12,000.00
10010.031600 – Ammunition – General Fund
26210.031600 – Ammunition – Measure H Funds
Replacement Parts - $2,500.00
26210.051800 – Police Equipment – Measure H Funds
Less Lethal 40mm Launchers - $17,500.00
26210.051800 – Police Equipment – Measure H Funds
ITEM 14
Quantity: 40mm LMT tactical single launcher: 6
40mm multi launcher Penn Arms: 1
40mm eXact impact standard range sponge round (6325): 129 40mm eXact impact extended range sponge round(6325LE): 8 40mm Direct Impact OC Crushable Foam round (6320): 49
40mm Ferret barricade round CS (2292): 11
40mm Ferret barricade round OC (2290): 10
Intention to acquire more: Yes - $12,000.00 for Less Lethal 40mm Ammunition $17,500.00 for Less Lethal 40mm Launchers
ITEM 14
ITEM 14
Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 1/5 SHARE THIS:
Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-20 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
ATTACHMENT E
ITEM 14
5/30/23, 10:54 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 2/5 public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.
ITEM 14
5/30/23, 10:54 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 3/5 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
ITEM 14
5/30/23, 10:54 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 4/5 (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.
The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.
ITEM 14
5/30/23, 10:54 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 5/5 (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073.
(a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075.
Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
ITEM 14
ITEM 14
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 24, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Douglas D. Dunford, Interim City Manager
[email protected] (209) 538-5751
SUBJECT: Resolution No. 2023- XXX, Approving an Amendment to the Department Head Employment Agreements and Authorize the Interim City Manager to Execute the Agreements
RECOMMENDED COUNCIL ACTION:
S
taff recommends City Council adopt the Resolution approving an amendment to the Department Head Employment Agreements, as detailed below.
I. BACKGROUND:
On M
arch 28, 2022, City Council approved Resolution No. 2022- 24 through Resolution No. 2022- 26 which amended the Department Head Employment Agreements. Upon further review of the current Department Head Employment Agreements, staff recognized the need to amend the terms related to Sick Leave Conversion upon retirement.
U
nder the current Department Head Employment Agreement s, Sic k Leave and Sick Leave Conversion section, it reads, “EMPLOYEE will contribute upon retirement 100% (50% of the accumulated balance) of the allowable Sick Leave Conversion and or Cash Out to a Retiree Health Savings account.” The Public Safety Mid-Managers and the Police Officers Association have different language and flexibility in their respective Memorandum of Understanding pertinent to Sick Leave and Sick Leave Conversion.
The P
olice Officers Association members can cash out 50% of their unused sick leave or contribute an allowable amount to their deferred compensation plan upon retirement. The Public Safety Mid-Managers can cash out 50% of their unused sick leave or contribute to a retirement health savings plan upon r etirement. Department Heads are seeking flexibility to elect other options in the use of their unused sick leave upon retirement. Staff recommends amending the existing Department Head Employment Agreements to allow them to contribute to a retirement health savings plan, or cash out 50% of the unused sick leave, or contribute to a deferred compensation account.
ITEM 15
II. REASONS FOR RECOMMENDATION:
Approving this amendment would contribute to the financial well -being of the employee by offering alternatives in the use of their unused sick leave balance. The City is contractually obligated to pay 50% percent of the unused sick leave balance to every employee upon retirement. Although the sick leave accruals differ per em ployee, there is no additional cost to the City if an employee elects any of the options presented in the report.
III. FISCAL IMPACTS:
There are no fiscal impacts if this amendment is approved.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
The proposed action is consistent with the fifth goal of the Strategic Plan related to government operations to provide quality services to meet community needs, assuring the City has helpful, well-trained, properly equipped, and sufficient staff who partners with other public agencies to provide efficient services.
V. POLICY ALTERNATIVES:
Council could choose not to amend the existing Department Head Employment Agreements.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Following Council approval, the parties will execute the agreements with an effective date immediately after Council Approval.
Approved by: _________________
Douglas D. Dunford
Interim City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Ceres Police Officer Association Agreement
3. Attachment C – Ceres Public Safety Mid-Managers Agreement
4. Attachment D – Ceres Department Head Agreement
5. Attachment E – Department Head Modified Agreement Amending Sick Leave Conversion
ITEM 15
ATTACHMENT A
RESOLUTION NO. 2023-XXX
AP
PROVING AN AMENDMENT TO THE DEPARTMENT HEAD
EMPLOYMENT AGREEMENTS AND AUTHORIZE THE INTERIM CITY
MANAGER TO EXECUTE THE AGREEMENTS
T
HE CITY COUNCIL
City of Ceres
W
HEREAS, on March 28, 2022 City Council approved Resolution 2022-24 through 2022-26 which amended the Department Head Employment Agreements; and W
HEREAS, upon further review of the agreements, staff recognized the need to amend the terms related to Sick Leave Conversion upon retirement; and WHEREAS, currently the Sick Leave and Sick Leave Conversion section reads, “EMPLOYEE will contribute upon retirement 100% (50% of the accumulated balance) of the allowable Sick Leave Conversion and or Cash Out to a Retiree Health Savings account.”; and W
HEREAS, this language differs from what the Public Safety Mid-Managers Agreement and Police Officers Association Agreement allow for sick leave conversion options; and
W
HEREAS, staff recommends revising the Department Head Employment Agreements to include the same options offered in the Public Safety Mid-Managers Agreement and Police Officers Association Agreement; and W
HEREAS, the revisions allow for the flexibility of allowing Department Heads to select one of the following with their unused sick leave at the time of retirement: cash out 50% of their unused sick leave, contribute an allowable amount to their deferred compensation plan, or contribute to a retirement health savings plan.
N
OW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an amendment to the Department Head Employment Agreements and authorizes the Interim City Manager to execute the agreements.
P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of July 2023, by the following vote:
AYES: C
ouncilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___
______________________________
Javier Lopez, Mayor
ATTEST:
___
______________________________
Fallon Martin, City Clerk
ITEM 15
ITEM 15
. Employee's contribution shall be vested in the name of the employee as permitted under the rules and regulations ofthe 1937 Act Stanislaus County Retirement System.
SECTI0N 5.4 Deferred Comoensation and Retiree Health Benefits a. During open enrollment each year, members ofthe CPOA may contribute 40 hours per year of a combination of sick and/or vacation leave to their individual deferred compensation account in the first pay period offanuary each year. b. Upon retiremen! employees may contribute to their individual deferred compensation account any unused accrued vacation, CTO or holiday time in whole or in part as allowed in Section 7.3 (aJ of this agreement.
c. Upon Association request, the City will permit all employees in the bargaining unit to enroll in a retiree health savings plan as designated by the bargaining unit (including the Ci!y's existing plan) at no cost to the City.
ARTICLE VI
UNIFORMS
SECTION 5.1 Uniform Allowance
a. For the term of this Agreement the annual uniform allowance shall be $1,250. b. The annual uniform allowance is to provide for all costs for uniform care including alterations, cleanin6 repair, purchase and replacement of duty uniform clothing, and uniform related accessories, i.e., shoes, name badges, inclement weather gear, hats, etc.
Uniforms damaged in the line ofduty may be replaced by the department upon proper application through departmental procedures. All uniform and uniform-related items worn are to be approved and recognized by the department as proper duty-uniform pieces.
Items specifically excluded from uniform allowance purchase are those deemed to be 9 ATTACHMENT B
ITEM 15
ITEM 15
F.
conditions of this contract, an Advanced Certificate issued by the Commission on Peace Officers Standards and Training and less than 90 acceptable college units, shall receive an additional pay incentive of seven and one-half percent (1.s%').
5. For those individuals who curraltly have, or who obtain during the terms and conditions of this contract, and Management Certificate issued by the Commission on Peace Officers Standards and Training, and a bachelor's degree, shalt receive an additional pay incentive often percent (10%).
6. For those individuals who currently have, or who obtain dwing the terms and conditions ofthis contract, and Management Certificate issued by the Commission on Peace Officers Standards and Training, and a master's degree, shall receive an additional pay incentive of twelve and one- half percent (tz.s%).
7. It shall be the employee's responsibility to request and ensure that the proper documentation to obtain educational incentive pay is submitted to the department. Documentation and request for educational incentive pay is required for each levet obtained. Educational incentive pay is effective from the date the written request is approved by the department.
8. Acceptable college units will be determined by the appropriate college catalog undeiwhich the employee is enrolled ' The college shall provide proofof a declared major and the date ofthe appropriate catalog. Any question asto the validity of acceptable units shall be determined by the college in which the employee is enrolled.
9. The percentages shall be applied singularly and not compounded, i.e., two and one-half percent (2 VzYo) for lntetmediate Certificate and an additional five percent (5%) for higher educational attainment shall not be combined to be
7.5%.
Professional Development
1. As an incentive for further individual professional and managerial growth for each employee, the professional development allowance will be $750' Independent of, supplemental to, and not to be used as a substitution for or in conjunction with other budgeted City funds for training or conferences, the purpose of this benefit will be to assist in the payment of expenses for the employee to attend a national or intemational professional conference associited with or related to the employee profession and responsibilities with this City, enrollment in pertinent management training courses, enrollment in academic/educational classes or curriculum relative to their City employment, and/or payment for applicable tuition, books, or reference resources'
2. Each employee shalt obtain the City Manager's written approval of their intended use of said professional development funds prior to each encumbrance or expenditure. The annual allocation offunds forthis purpose
ATTACHMENT C
ITEM 15
retirement payments for the remainder of the employee's tenure with the City will be only for that actual amount being paid by the City for the member portion when the employee attained 30 years of service or maximum employee benefit contribution requirements under the 1937 Act.
B. Retiree Health Savings Account
Sick leave shall be paid upon retirement ofthe employee from the City's service at the current salary rate then being paid to the employee by the City of Ceres. A member of this unit will be paid 50% of thek unused accumulated sick leave at retirement. The member will have the option to cash out the eligible portion or contribute to a retirement health savings plan.
C. Memberships
Annual dues will be paid for employees in this unit for one service club or organization in the Ceres community. Discretion as to the appropriateness ofthe club or organization shall rest with the City Manager. Any time spent in service to such club or organization shall be strictly voluntarily and shall not constitute houn worked for the City.
D. Uniform Allowance
Each employee will be reimbursed for replacement uniforms per l2-month fiscal year up to a maximum reimbursement cost of $ 1,150.
E. Educationallncentives
l. To promote highly trained and skilled professionals, the City is willing to provide education incentive to those individuals who demonstrate their improved education level. Education must be from an accredited college. The method for demonstrating improvement shall be the acquisition ofcertilicates issued by the Peace Officers Standards and Training. The incentive provided shall be as follows:
2. For those individuals who currently have, or who obtain during the terms and conditions of this contract, an Intermediate Certificate issued by the Commission on Peace Officers Standards and Training, and between 30 and 60 acceptable college units, the City will provide an additionalpay incentive of two and on-half percent (2 %Yo).
3. For those ind ividuals who currently have, or who obtain during the terms and conditions of this contract, an Intermediate Certificate issued by the Commission on Peace Officers Standards and Training, and between 6 t and 90 acceptable college units shall receive an additional pay incentive of five percent (5%).
4. For those individuals who currently have, or who obtain d uring the terms and ITEM 15
D.
3. Accumulated sick leave shall be paid to EMPLOYEE at 50% of the accumulated balance upon retirement from City service at the EMPLOYEE'S current base hourly rate at time of retirement.
a. For the purpose of this section, the term "retirement" is defined, understood and intended to mean, EMPLOYEE'S separation from employment with the City at a time when the EMPLOYEE qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by EMPLOYEE for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of EMPLOYEE to commence receipt of current benefits from the retirement system. Discontinuance of paid work for the City under any circumstances other than defined herein, or election by EMPLOYEE for deferral of retirement payments, are not considered as "retirement" for eligibility to receive payment for a portion of any unused sick leave benefit as stated herein.
b. The City agrees to implement upon retirement a retiree health savings plan administered by a provider selected by the city. EMPLOYEE will contribute upon retirement 100% of allowable Sick Leave Conversion and or Cash Out to a Retiree Health Savings account.
Vacation & Vacation Conversion
1. In recognition of Employee's years of experience in city management, Employee shall accrue 6.15 hours per pay period (20 days). After five (5) years of continued employment, Employee shall accrue 7.69 hours per pay period (25 days).
2. Maximum vacation accumulation shall be 480 hours. If EMPLOYEE reaches the 480 hours maximum vacation accumulation employee shall not accrue additional vacation hours. Accrual of vacation hours shall resume once the balance is reduced through time off.
3 . Pay-out of accumulated vacation hours at separation of service shall be limited to 480 hours.
ITEM 11
ATTACHMENT D
ITEM 15
ITEM 15
ATTACHMENT E
1 EMPLOYMENT AGREEMENT
FOR THE DIRECTOR OF PUBLIC WORKS
This E mployment Agreement (“ Agreement”) is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “EMPLOYER” or “City,” and (name of employee), hereinafter called "EMPLOYEE”.
WITNESSETH:
WH
EREAS, it is the desire of the EMPLOYER to provide certain benefits, establish certain conditions of employment and to set working conditions of said EMPLOYEE, which conditions will help to:
1. Secure and retain the services of EMPLOYEE and to provide inducement for EMPLOYEE to remain in employment;
2. Make possible EMPLOYEE’S full productivity by setting forth the terms and conditions of EMPLOYEE’S employment;
3. Set forth the process by which either EMPLOYEE or EMPLOYER may terminate this Agreement and EMPLOYEE’S services.
WHEREAS, EMPLOYEE has agreed to accept employment as the Director of Public Works for the City of Ceres.
NOW THEREFORE, in consideration of the mutual covenants contained herein, t he EMPLOYER and EMPLOYEE agree as follows:
SECTION I – EMPLOYMENT
EMPLOYEE is employed to serve as the EMPLOYER’ S Director of Public Works .
EMPLOYEE shall serve as an "at-will employee" at the pleasure of the City Manager, who has the power pursuant to local ordinance to appoint, remove, promote, and demote EMPLOYEE, subject to ratification by the City Council.
EMPLOYEE understands and agrees that the terms of EMPLOYEE’S employment are governed solely by this Agreement. EMPLOYEE further understands and agrees that this Agreement does not confer a property right in EMPLOYEE’S employment or a right of employment for any specified term and that EMPLOYEE is not entitled to due process for any disciplinary action, including termination, under state or federal law or the EMPLOYER’S personnel policies and rules.
EMPLOYEE agrees to devote all of EMPLOYEE’S productive time, ability, and attention to the EMPLOYER’S bu siness to the extent necessary to perform EMPLOYEE’S duties and responsibilities in a manner satisfactory to the City. During the Term of the Agreement, as defined in Section V, EMPLOYEE shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, ITEM 15
ATTACHMENT E
2 the EMPLOYER’S legitimate business interests. As such, EMPLOYEE agrees that EMPLOYEE will notify the City Manager or the City Council in writing if EMPLOYEE accepts secondary employment. The EMPLOYER shall determine whether there is the appearance of or an actual conflict, or potential conflict, with the performance of EMPLOYEE’S duties and/or the best interest of the EMPLOYER . EMPLOYEE has the right to volunteer for such nonprofit organizations as EMPLOYEE may see fit; provided that such volunteer services shall not interfere with EMPLOYEE’ S duties or the business interests of EMPLOYER.
SECTION II -
DUTIES
EMPLOYEE shall perform those duties as set forth in the job description attached hereto, with respect to his position of Director of Public Works , and such other duties as may be requested from time to time by the City Manager.
Unless otherwise specified in this Agreement, EMPLOYEE shall be bound by all the policies, rules, and regulations of City now in force and effect applicable to EMPLOYEE’S position, and by all such other applicable policies, rules, and regulations as may be hereafter implemented and called to EMPLOYEE’S notice and will faithfully observe and abide by the same. No such policy, rule, or regulation shall alter, modify, or revoke EMPLOYEE’S status as an at-will employee or any other provision of this Agreement.
SECTION III –
HOURS OF WORK
It is recognized that the EMPLOYEE’S position is an executive management position which often requires more than a conventional forty (40) hour week to provide the desired level of professional service. It is further recognized that to properly fulfill the duties and responsibilities of the position, EMPLOYEE will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, while EMPLOYEE shall spend sufficient hours on site to perform the duties of the position, EMPLOYEE has discretion over the work schedule and work location and will not be required to maintain a strict forty (40) hour-per-week on-site presence at City Hall and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate.
SECTION IV-
SALARY
The salary for the EMPLOYEE shall be set at Range J89, Step B ($12,475 per month) of the 7/10/22-6/30/23 City of Ceres Class Titles and Salary Ranges Schedule.
EMPLOYER agrees that EMPLOYEE’S compensation for subsequent fiscal years will be reconsidered as part of the budgetary process for those Fiscal Years. Step increases to be considered consistent with City Personnel Rules on an annual basis. ///
///
ITEM 15
ATTACHMENT E
3 SECTION V – TERM, TERMINATION AND SEVERANCE PAY
A. Term. The term of this Agreement shall be for three (3) years from the Effective Date set forth in Section VIII (“Term”), unless terminated earlier pursuant to this Section V. The City Manager in his or her sole discretion may extend the Term for one (1) year. No later than three (3) months prior to the expiration of the Term, the City Manager shall provide written notice to EMPLOYEE as to whether the City Manager intends to extend the Term.
This Agreement shall become effective upon its Effective Date; upon the adoption of a resolution of the City Council approving this Agreement.
B. V oluntary Resignation . EMPLOYEE may resign at any time and agrees to give the City at least thirty (30) calendar days advance written notice of the effective date of EMPLOYEE’S resignation unless the Parties otherwise agree in writing. If EMPLOYEE retires from full-time public service with the City, EMPLOYEE shall provide ninety (90) calendar days advance written notice. EMPLOYEE’S actual retirement date will be mutually established between the Parties. During the notice period, unless otherwise set forth in this Agreement, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to EMPLOYEE all salary and benefit amounts accrued and owing under this Agreement.
C. Employer Termination. E MPLOYER may, with or without cause or prior notice, terminate this Agreement and EMPLOYEE’S employment with the City. EMPLOYEE shall be provided a written notice setting forth the reasons for such termination. City shall tender EMPLOYEE all wages due and owing, as well as accrued and unused vacation for all hours worked as of EMPLOYEE’S last day of employment, in accordance with standard City practice, federal or state law and this Agreement. Severance In the event EMPLOYEE’S employment and this Agreement are terminated by the EMPLOYER during such time that EMPLOYEE is willing and able to perform the duties under this Agreement, EMPLOYER agrees to pay EMPLOYEE a lump sum cash payment (“Severance”) equal to three (3) months’ aggregate salary, increasing by two (2) weeks per each calendar year of Employee’s service in the position of Director of Public Works. The total Severance pay will not exceed six (6) months ’ aggregate salary in total. For the purpose of this SECTION V, the term “aggregate salary” is defined as the EMPLOYEE’S regular gross monthly salary on the date of termination less all mandatory statutory withholdings.
Any S everance payable under this Agreement shall be contingent on EMPLOYEE’S signature on a release of all claims in a format satisfactory to the EMPLOYER and is subject to the restrictions of Government Code section 53260 which provides that the maximum cash payment that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract, not to exceed eighteen (18) months. Additionally, any cash settlement related to the termination of this Agreement received by EMPLOYEE from EMPLOYER shall be fully reimbursed to EMPLOYER if EMPLOYEE is convicted of a crime involving an abuse of office or position while employed by EMPLOYER , pursuant to Government ITEM 15
ATTACHMENT E
4 Code section 53243.2. Any Severance shall be paid in the same manner as other employees unless otherwise agreed to by EMPLOYER and EMPLOYEE.
Notwithstanding the foregoing, in the event EMPLOYEE ’S employment is terminated “for cause” EMPLOYER shall have no obligation to pay the Severance, nor any portion of it, but shall only be obligated to provide all wages due and owing to EMPLOYEE at the time of termination , including any accrued unused vacation, promptly in accord with standard City practice. For purposes of this Agreement, “cause” shall be defined as termination resulting from EMPLOYEE’S conduct which would constitute the basis for disciplinary action under Rule 13.2 of the City’s Personnel Rule s, or any revised or successor rule.
In the event EMPLOYEE is terminated by Employer for misconduct which has been publicly discl osed and could stigmatize EMPLOYEE’S reputation or impair EMPLOYEE’S ability to earn a living, EMPLOYEE may, within ten (10) calendar days, make a written request for a “name- clearing” hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340, and its progeny) before the City Council. Any such “name-clearing” hearing will be held solely to provide EMPLOYEE an opportunity to clear EMPLOYEE’S name. The City Council may determine whether the allegations in the notice of termin ation are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that EMPLOYEE’S termination was without fault. Such a decision, however, will not require that EMPLOYEE be reinstated.
SECTION VI – FRINGE BENEFITS AND OTHER TERMS AND CONDITIONS
OF EMPLOYMENT
A. Term Life Insurance
1. EMPLOYEE shall receive an EMPLOYER paid term life insurance policy having a face policy value of Fifty Thousand Dollars ($50,000).
2. The EMPLOYER reserves the right to provide this life insurance through a self- insured plan or under a group insurance policy or policies issued by an insurance company or insurance companies selected by the EMPLOYER.
B. He
alth and Welfare Plan
1. EMPLOYEE must enroll in an available City medical plan unless he opts out.
In order to opt out, the EMPLOYEE must provide the following:
a. Proof that the EMPLOYEE and all individuals for whom EMPLOYEE intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the EMPLOYER’S plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan ITEM 15
ATTACHMENT E
5 year to which the opt out arrangement applies (“opt out period”); and b. EMPLOYEE must sign an attestation that EMPLOYEE and his/her tax family have or will have such minimum essential coverage for the opt out period. EMPLOYEE must provide the attestation every plan year at open enrollment.
2. The EMPLOYER shall contribute the following amounts toward the combined premiums for medical, dental and vision on a semi -monthly basis (24 pay periods). The EMPLOYER’S contribution shall not exceed the actual premiums or the contribution amounts listed below, whichever is less.
EMPLOYEE shall be responsible for the balance of premiums, if any. a. $355 semi -monthly ($710 monthly) for EMPLOYEE enrolled EMPLOYEE-Only medical coverage.
b. $735 semi-monthly ($1,470 monthly) for EMPLOYEE enrolled in EMPLOYEE + 1 medical coverage.
c. $1,045 semi-monthly ($2,090 monthly) for EMPLOYEE
enrolled in EMPLOYEE + Family (more than one dependent) medical coverage.
3. The City shall pay one hundred percent (100%) of the dental and vision premiums for EMPLOYEE who waives medical coverage.
4. EMPLOYEE who waives medical coverage shall receive $100 semi-monthly ($200 monthly) taxable compensation.
5. The City shall continue a Section 125 program for pre-tax deductions for the EMPLOYEE share of medical, dental and vision insurance premiums.
6. Benefits shall stop at the end of the month when City employment is ended for any reason. All coverage, except as required to be offered or extended under federal and state law, shall end.
There is no responsibility on the part of the City to pay, either in money or premiums, any remaining City or EMPLOYEE obligations beyond the month of termination of EMPLOYEE’S employment.
Cash payment for medical waivers will be paid only through the end of the month in which EMPLOYEE’S employment terminated. Such payment will be included in EMPLOYEE’S final pay received from the City.
Any outstanding premiums required to continue benefits through the end of the month of EMPLOYEE’S termination of City employment will be withheld from the final pay received from the City.
ITEM 15
ATTACHMENT E
6 The City retains the discretion to select the City plan(s) each year. In the event the City makes changes to the plan selection, EMPLOYEE will receive advance notice and an opportunity to discuss concerns regarding the changes.
C. S ick Leave & Sick Leave Conversion
1. Sick leave accumulation for EMPLOYEE shall be one day (8 hours) per month for 12 days per year (3.692 hours earned per pay period). Sick le ave accumulation is unlimited.
2. If EMPLOYEE has not taken more than 36 hours of sick leave during the twelve (12) month period beginning the first pay period in January and ending the second pay period in December of each year, EMPLOYEE shall be entitled to convert up to 24 hours of unused sick leave to pay or leave with pay (1:1 ratio), providing that at no time shall EMPLOYEE’S sick leave balance fall below 192 hours.
3. Accumulated sick leave shall be paid to EMPLOYEE at 50% of the accumulated balance upon retirement from City service at the EMPLOYEE’S current base hourly rate at time of retirement (“Retirement Cash-Out Amount”). a. For the purpose of this section, the term “retirement” is defined, understood and intended to mean, EMPLOYEE’S separation from employment with the City at a time when the EMPLOYEE qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by EMPLOYEE for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of EMPLOYEE to commence receipt of current benefits from the retirement system. Discontinuance of paid work for the City under any circumstances other than defined herein, or election by EMPLOYEE for deferral of retirement payments, are not considered as “retirement” for eligibility to receive payment for a portion of any unused sick leave benefit as stated herein.
b. The City agrees to implement upon retirement a retiree health savings plan administered by a provider selected by the City.
c. Upon retirement, EMPLOYEE shall have the option of: 1) being paid all or any portion of the Retirement Cash-Out Amount; 2) contributing all or any portion of the Retirement Cash-Out Amount to a Retiree Health Savings account; 3) contributing all or any portion of the Retirement Cash -Out Amount to a deferred compensation account; or 4) any combination of the foregoing.
ITEM 15
ATTACHMENT E
7 D. Vacation & Vacation Conversion
1. Vacation shall be accrued as follows:
Years of
Continuous Service
Hours Earned Per Pay
Period
Annual
Accumulation
0-2 3.08 hours 10 days
3-10 4.62 hours 15 days
11-19 6.15 hours 20 days
20 Plus 1 additional day per year for
each year over 20 to a
maximum of 25 days per year
2. Maximum vacation accumulation shall be 480 hours. If EMPLOYEE reaches the 480 hours maximum vacation accumulation, he shall not accrue additional vacation hours. Accrual of vacation hours shall resume once the balance is reduced through time off.
3. Pay-out of accumulated vacation hours at separation of service shall be limited to 480 hours.
4. EMPLOYEE may convert per fiscal year up to forty (40) hours of vacation leave to be accrued in the coming fiscal year into cash, so long as the EMPLOYEE irrevocably elects to convert the amount of vacation leave at least twelve (12) months prior to the conversion. Payment will be at EMPLOYEE’S current hourly rate of pay (1:1 ratio).
E. C
onversion of Leave to Deferred Compensation Account
1. EMPLOYEE shall be given the opportunity to convert forty (40) hours per fiscal year of a combination of sick and/or vacation leave to EMPLOYEE’S individual deferred compensation account.
F. Management Leave
1. EMPLOYEE is declared as exempt under Fair Labor Standards Act executive exemption guidelines.
2. EMPLOYEE shall receive fifteen (15) management leave days ( 120 hours of leave) per fiscal year, including the current fiscal year. Management leave must be used during the fiscal year in which it is earned and is not accumulative.
Carryover of unused management leave days into the subsequent fiscal year may be allowed only upon prior written approval of the City Manager.
ITEM 15
ATTACHMENT E
8 G. Holidays
EMPLOYEE shall receive such paid City holidays as are granted to the Mid- Managers’ Bargaining Group.
H. B ereavement Leave
1. EMPLOYEE shall be entitled to take up to five (5) scheduled workdays of bereavement leave in the event of death of a family member as defined by the California Family Rights Act —which includes a parent, child, grandparent, grandchild, sibling, spouse, registered domestic partner, parent-in-law, or other “designated person” —as well as a sibling, parent or grandparent of EMPLOYEE’S spouse or registered domestic partner. EMPLOYEE shall be entitled to bereavement leave with pay as follows:
• EMPLOYEE shall be entitled to leave with pay for a maximum of five (5) scheduled workdays in the event of the death of the EMPLOYEE’S spouse, registered domestic partner or children.
• EMPLOYEE shall be entitled to leave with pay for a maximum of three (3) scheduled workdays, in the event of the death of the EMPLOYEE’S parents, siblings or grandchildren.
• EMPLOYEE shall be entitled to leave with pay for a maximum of one (1) scheduled workday in the event of the death of an EMPLOYEE’S brother or sister by marriage or do mestic partnership, parents by marriage or domestic partnership, and grandparents of EMPLOYEE or by marriage or domestic partnership.
2. Additional bereavement time may be granted but paid from the EMPLOYEE’S accrued vacation or management leave time upon request from the EMPLOYEE and approval by the City Manager.
3. The EMPLOYER reserves the right to request proof of the death of the deceased and the EMPLOYEE’S relationship to the deceased.
I. R
etirement System and Contribution
1. The EMPLOYER shall provide EMPLOYEE enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.14 commonly known as “2% at 62.”
2. The EMPLOYEE shall pay 100% of the EMPLOYEE’S contribution into the 1937 Act Stanislaus C ounty EMPLOYEE’S Retirement System. Said contribution shall be vested in the EMPLOYEE’S name as permitted under the rules and regulations of the Act.
ITEM 15
ATTACHMENT E
9 J. Professional Development
1. As an incentive for furthering individual , professional and managerial growth by EMPLOYEE, EMPLOYER will annually budget $900.00 for EMPLOYEE in the interest of promoting and supporting EMPLOYEE’S professional development. Independent of, supplemental to, and not to be used as a substitution for or in conjunction with other budgeted City funds for training or conferences, this benefit may be used to assist in the payment of expenses for EMPLOYEE to attend a national or international professional conference associated with or related to the EMPLOYEE’S profession and responsibilities with this City, enrollment in pertinent management training courses, enrollment in academic/educational classes or curri culum relative to City employment, and/or payment for applicable tuition, books, or reference resources.
Acquisition of computer hardware, computer software, or other technological equipment may be allowed, provided it is for EMPLOYEE’S individual use and benefit in the course of performing EMPLOYEE’S employment responsibilities and the purchase(s) remain the property of the City.
2. EMPLOYEE shall obtain the City Manager’s written approval of the intended use of said professional development funds prior to e ach encumbrance or expenditure. The annual allocation of funds for this purpose may be carried over into one (1) subsequent fiscal year. No portion of these monies shall be provided to the EMPLOYEE for cash purposes or as additional compensation.
K. A
utomobile Allowance
A vehicle will be provided to EMPLOYEE in lieu of a car allowance. The m ake and model will be approved by City Manager. Vehicle is to be utilized solely for work-related activities, except EMPLOYEE will be permitted to use the vehicle as transport to and from work and EMPLOYEE’S primary place of residence. It is not permissible to use the vehicle for personal use or to transport any non- city personnel. Use is subject to any applicable surcharges in accordance with any and all IRS vehicle use laws.
L. Oth
er Voluntary Benefits
Through a Section 125 program and effective with the plan year beginning January 1, 2017, the City shall provide EMPLOYEE a $1,200 annual allowance for payment of pretax supplemental insurance premiums, and contributions to Flexible Spending Accounts (daycare and unreimbursed medical expenses) or Health Savings Accounts (HSA).
The selection of these benefits is voluntary on the part of the EMPLOYEE.
The allowance shall be provided on a semi -monthly basis —$50 over 24 pay periods.
ITEM 15
ATTACHMENT E
10 The City shall continue a Section 125 program for pre -tax deductions for the EMPLOYEE share of other supplemental insurance premiums, and for Flexible Spending Accounts (daycare and unreimbursed Medical expenses) or Health Savings Accounts (HSA).
The City retains the discretion to select the voluntary benefit plans offered to EMPLOYEE. In the event the City makes changes to the plan selection, EMPLOYEE will receive advance notice and an opportunity to discuss concerns regarding the changes.
M. E ducational Incentive
In order to promote highly trained and skilled professionals, the City is willing to provide education incentive to those individuals who demonstrate their improved education level. Education must be from an accredited college. Should Employee obtain a
Master’s degree, EMPLOYEE shall receive an additional pay incentive of twelve percent (12%).
SECTION VI I - GENERAL PROVISIONS
1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and EMPLOYEE and approved by a resolution of the City Council.
2. Entire Agreement . This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.
3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any Section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.
4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms , and that all former requirements necessary or required by state or federal law in order to enter into this Agreement ha ve been full y complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
ITEM 15
ATTACHMENT E
11 5. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any Section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.
6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
8. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
9. Counterparts. This Agreement may be executed in counterparts, and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.
10. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
11. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret Sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
SECTION V
III – EFFECTIVE DATE
This Employment Agreement shall be effective on .
[Signature Page to Follow]
ITEM 15
ATTACHMENT E
12 IN WITNESS WHEREOF, this Agreement has been entered into by and between EMPLOYEE and CITY as of the date of the Agreement set forth above.
Dated: Dated:
CITY OF CERES, EMPLOYER
By:
City Manager
EMPLOYEE
APPROVED AS TO FORM: ATTEST:
City Attorney
City Clerk (Seal)
ITEM 15
{CW130096.3}
MEETING DATE: July 24, 2023
TO
: Mayor and City Council
F
ROM: Douglas D. Dunford, Interim City Manager
CO
NTACT: Nubia I. Goldstein, City Attorney
S
UBJECT: City Council Rules and Procedures Workshop
RECOMMENDED COUNCIL ACTION:
S
taff recommends that the Ceres City Council (the “Council”) continue their review of the summary and recommendations for changes to the Rules and Procedures (the “Handbook”) and direct staff to prepare proposed changes for future Council action.
I. BACKGROUND:
T
he City of Ceres ( “City”) m aintains a Handbook which documents currently accepted practices, rules, and processes for administration of Council matters. The Handbook sets forth expectations for Councilmember conduct and Council meeting procedures. Ceres is a “general law” city, which means it is organized and subject to California statutes and has only those powers expressly granted under the law. The Handbook is comprised of rules based on the City’s Municipal Code and the State of California Government Code. These bodies of law outline the local laws, statutes, and regulations which govern the City.
Upon r
eferral by Mayor Lopez at the January 9, 2023, Council meeting, the Council met on March 22, 2023, to commence a rules and procedures workshop to provide the Council and the public with an opportunity to discuss potential changes to the Handbook. Proposed changes were discussed for the first three chapters of the Handbook. Due to time constraints, the Council agreed to complete the workshop at a later date.
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 16
{CW130096.3}
II. DISCUSSION:
The goal of the rules and procedures workshop is for the Council to identify topics or general areas of concern with the City’s current procedures, and to evaluate the Handbook for ways to improve it. The Handbook is intended to be a guide for the Council and this workshop is an opportunity for the Council to provide City staff with the necessary feedback to clear up any confusion or ambiguity in the City’s current practice.
Below is a list of amendments and additions to C hapters I through III at Council’s request during the first Handbook workshop session.
CHAPTER I
- GENERAL POWERS AND DUTIES:
This section is comprised of sections (A) through (I) and details the composition of the Legislative body of the C ouncil, which includes the Mayor and four (4) Councilmembers. This section also details the term periods, election process, and duties of the Mayor, Vice Mayor, and general duties/authority of the Council.
1. Section F - Vice Mayor Selection was amended to change the selection date from the first meeting in December to the first meeting following the certification of the election.
2. S ection G - Vacancies was added pursuant to Government Code Section 36512, to explain that a Councilmember vacancy should be filled by special election or appointment.
3. Section I - Interference in Staff Function was changed to “Council -Staff Relations” and the language was revised to clearly communicate the Council’s obligation to work through the City Manager in regard to concerns with City staff.
4. Section J - Council Position on Ballot Measure(s) or Legislative Proposals was amended to clarify the appropriate manner in which an individual Councilmember may express his or her opinions separately and apart from the Council body as a whole.
5. Section K - Council Conflicts & Liability was added to detail City Officials’ ethical duties regarding conflicts of interest pursuant to Government Code Sections 1090, 87105, 82033, 87406.3, and 53235.
CHAPTER II
- CITY COUNCIL MEETINGS:
This section is comprised of subsections (A) through (K) and details the different types of meetings held (i.e., regular, special, study sessions , etc.) and other proceedings ancillary to the adjudication of C ouncil meetings such as voting ITEM 16
{CW130096.3}
requirements, meeting continuance or cancellation, and how to place items on the agenda.
1. Section C - Study Sessions was changed to “Workshops” at the direction of the Council.
2. Section H - Agenda was amended to require seventy -two hours' notice to request item placement on the agenda for regular meetings , and twenty- four hours’ notice for special meetings.
3. Section I, Subsection 8 - City Council Referrals/Determination of Items for Agenda was amended to clarify the process for Councilmember referrals , including a deadline for placement on the agenda.
4. Section L - Presentations and Proclamations was added to clarify the process for requesting these actions through the City Manager.
CHAPTER III - DECORUM:
This section describes the circumstances in which a person may be removed from a Council meeting. It also describes the general behavior expectations of meeting participants.
This chapter was modified to conform to the Ceres Municipal Code sections governing the Rules of Civility , by separating the requirements for City representatives and members of the public and including the City’s right of enforcement against disruptive behavior pursuant to the Ceres Municipal Code Section 2.17.120 through 2.17.160 and Government Code Section 54957.95.
REMAINING CHAPTERS IV & V:
This meeting will conclude the workshop by discussing C hapter IV - Procedural Rules For Conducting Meetings Of The City Council and Chapter V - Boards, Commissions & Committees; City Representatives & Standing Committee. Staff will compile all the requested changes from the Council and prepare an agenda item for a future Council meeting for formal approval of all changes to the Handbook.
CHAPTER IV-
PROCEDURAL RULES FOR CONDUCTING MEETINGS:
This section contains subsections A through V which is comprised of various subtopics related to conducting meetings.
TOPIC STATUTORY
AUTHORITY
POSSIBLE REVISIONS
Adoption of procedural
rules
Govt. Code §§ 36813 Council has discretion to
amend so long as it
ITEM 16
{CW130096.3}
Explains the intent behind
the procedural rules.
doesn’t conflict with the
cited authorities.
Call to order
Explains who may call the
meeting to order.
None Combine with Chapter
I(D)- Elected Mayor
Powers & Duties
Roll Call
Explains how attendance
is called at each meeting.
None Council has discretion to
amend this section in line
with best practices.
Quorum
Explains what constitutes a
quorum at a meeting.
Govt. Code §36810 Combine with Chapter II
(F)- Voting Requirements
Lack or Quorum
Describes what happens if
a quorum is not present at
a meeting.
Govt. Code § 36811 Add to “Quorum” section
and combine with Chapter
II (F)- Voting Requirements
Format for processing
public hearings/appeals
Lists the format for
conducting appeal
hearings.
None Council has discretion to
amend this section in line
with best practices.
Mayor as presiding
officer
Establishes who presides
over each meeting.
None Combine with Chapter
I(D)- Elected Mayor
Recognition to speak,
councilmember
Explains how to maintain
order amongst
councilmembers during a
meeting.
None Combine with Chapter III-
Decorum
ITEM 16
{CW130096.3}
Addressing the city
council
Explains how to maintain
order as it relates to public
comments during council
meetings.
None Combine with Chapter III-
Decorum
Continued agenda items
Explains the method for
requesting a continuance
of an agenda item.
None Combine with “Agenda”
sections.
Public hearing closed
Sets forth the rule for
closing agenda items.
None Council has discretion to
amend this section in line
with best practices.
Division of question
Explains the Presiding
Officer’s role in clarifying
questions.
None Council has discretion to
amend this section in line
with best practices.
Withdrawal motion
States that a
Councilmember who
seconds a motion must
consent to withdrawal of it.
None Council has discretion to
amend this section in line
with best practices.
Voting
Instructions on the voting
process.
Govt. Code §§ 1090,
87105, 36936
Combine with Chapter II
(F)- Voting Requirements
Failure to Vote
Establishes what
constitutes a disqualifying
vote.
None Add to “Voting” section and
combine with Chapter II
(F)- Voting Requirements
Abstention/recusal:
Conflict of Interest
Govt. Code § 87100 et
seq.
Combine with Chapter II
(F)- Voting Requirements
ITEM 16
{CW130096.3}
Explains Councilmember’s
responsibility to recuse
themselves if a conflict of
interest arises.
Tie Votes
Explanation of the
outcome of a tie vote.
None Combine with Chapter II
(F)- Voting Requirements
Appeal from presiding
officer’s decision
Explains the process for
appealing the presiding
officer’s decision.
None Combine with “G. Mayor
as Presiding Officer”
Parliamentary motions
and procedures for
processing of council
business
Discusses the rules of
order used for conducting
city business.
None Council has discretion to
amend this section in line
with best practices.
Summary of
Rosenberg’s basic
format for agenda item
discussion and decision
Outline of Rosenberg’s
format.
None Council has discretion to
amend this section in line
with best practices.
Summary of
Rosenberg’s common
motions
Outlines the different kinds
of motions applicable
under Rosenberg’s rules of
order.
None Council has discretion to
amend this section in line
with best practices.
Process of multiple
motions
None Council has discretion to
amend this section in line
with best practices.
ITEM 16
{CW130096.3}
Explains how to process
multiple motions.
Additional recommendations:
• Rename this section “Order of Business” and include only the relevant sections which apply to the Council meeting order of business.
• Add all sections relevant to the agenda in this chapter.
CHAPTER V- BOARDS, COMMISSIONS & COMMITTEES
This section discusses the appointment process for all members of boards, commissions, and committees other than Council members.
TOPIC AUTHORITY POSSIBLE REVISIONS
Boards, Commissions
and Committees- City
Representatives-
Standing Committee
This section provides
definitions for boards,
representatives and
committees and details the
application and
appointment process.
Govt. Code § 40605
Council has discretion to
amend so long as it
doesn’t conflict with the
cited authorities.
Inability to
attend/notification of
alternate
This section advises that a
member who is unable to
attend a meeting shall
advise the alternate
representative if
reasonably foreseeable.
None Council has discretion to
amend this section in line
with best practices.
Removal of member of
Board or Commission or
Committee or City
Representative
Details the process for
removing a member from a
board, commission or
committee.
None Council has discretion to
amend this section in line
with best practices.
ITEM 16
{CW130096.3}
Attachments:
1. Attachment A – City Council Rules and Procedures (2018) ITEM 16
ATTACHMENT A
{CW129983.2}
RULES AND
PROCEDURES
January 2018
ITEM 16
Ceres City Council Rules & Procedures
{CW129983.2}C:\Users\caguilar\Desktop\Merge\Attachment A - Council Rules & Procedures_track changes.docI:\Everyone\Agenda Staff Reports CC\2016 Reports\01112016 CC Reports\12 Rules and Regulations\Council Rules and Procedures 2016 final.doc
PREFACE
As provided by California Government C ode Section 36813, the City Council of the City of Ceres establishes the Ce res City Council Rules and Procedures contained herein. This docum ent shall be in effect upon adoption by the City Council and shall remain in effect until su ch time as it is amended or new rules are adopted in the manner provided herein.
i
ITEM 16
Ceres City Council Rules & Procedures
{CW129983.2}C:\Users\caguilar\Desktop\Merge\Attachment A - Council Rules & Procedures_track changes.docI:\Everyone\Agenda Staff Reports CC\2016 Reports\01112016 CC Reports\12 Rules and Regulations\Council Rules and Procedures 2016 final.doc
CERES CITY COUNCIL
RULES AND PROCEDURES
TABLE OF CONTENTS
CHAPTER I - GENERAL, POWERS and DUTIES ................................................. 1
A. Legislative Body: ..................................................................................................................... 1 B. City Council Basic Power: .................................................................................................. ...... 1 C. City Council: .............................................................................................................. ............... 1 D. Elected Mayor: .......................................................................................................................... 1 E. Vice Mayor: ................................................................................................................ .............. 2 F. Vice Mayor Selection: ...................................................................................................... ........ 3 G. Rules of Procedures: ....................................................................................................... .......... 3 H. Interference in Staff Functions: ........................................................................................... ..... 3 I. Council Position on Ballot Measure(s) or Legislative Proposals: .......................................... 43
CHAPTER II - CITY COUNCIL MEETINGS ....................................................... 74
A. Regular Meetings: .......................................................................................................................4
B. Special Meetings: .......................................................................................................... .......... 74 C. WorkshopsStudy Sessions: ..................................................................................................... 74 D. Adjournment of Meetings: ..................................................................................................... 74 E. Continuance of Hearings: ....................................................................................................... 85 F. Voting Requirements: ....................................................................................................... ...... 85 G. Cancellation of Meeting:......................................................................................................... 96 H. Agenda: ................................................................................................................................... 96 I. Agenda Format for Regular Meetings: ................................................................................... 96 J. Selective Components of a Regular Meeting: ...................................................................... 107 K. Commencement of Successor Agency Meetings: ....................................................................11
ITEM 16
Ceres City Council Rules & Procedures
{CW129983.2}C:\Users\caguilar\Desktop\Merge\Attachment A - Council Rules & Procedures_track changes.docI:\Everyone\Agenda Staff Reports CC\2016 Reports\01112016 CC Reports\12 Rules and Regulations\Council Rules and Procedures 2016 final.doc
CHAPTER III - DECORUM .............................................................................. 1612
A. Enforcement of Decorum: ....................................................................................................... 12 B. Courtesy: .................................................................................................................. ........... 1612 C. Noise in the Lobby: ............................................................................................................. 1813 D. Crowd Control in Council Chambers: ................................................................................ 1913 E. Smoking: ................................................................................................................... .......... 1913
CHAPTER IV – PROCEDURAL RULES FOR CONDUCTING MEETINGS 2014
A. Adoption of Procedural Rules: ............................................................................................ 2014 B. Call to Order: ...................................................................................................................... 2014 C. Roll Call: ................................................................................................................. ............ 2014 D. Quorum: .................................................................................................................... .......... 2014 E. Lack of Quorum: ................................................................................................................. 2014 F. Format for Processing Public Hearings/Appeals: ............................................................... 2115 G. Mayor as Presiding Officer: ................................................................................................ 2115 H. Recognition to Speak, Councilmember: ............................................................................. 2216 I. Addressing the City Council: .............................................................................................. 2317 J. Continued Agenda Item: ..................................................................................................... 2418 K. Public Hearing Closed: ..................................................................................................... .. 2418 L. Division of Question: ...................................................................................................... .... 2418 M. Withdrawal of Motion: ....................................................................................................... 2418 N. Voting: .................................................................................................................... ............ 2418 O. Failure to Vote: ................................................................................................................... 2519 P. Abstention/Recuse: Conflict of Interest: ............................................................................. 2519 Q. Tie Votes: ............................................................................................................................ 2519 R. Appeal from the Presid ing Officer’s Decision: .................................................................. 2519 ITEM 16
Ceres City Council Rules & Procedures
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CHAPTER IV - PROCEDURAL RULES FOR CONDUCTING MTGS. (CONT.)
S. Parliamentary Motions and Procedures for the Processing of Council Business: .............. 2519 T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion & Decision: ........... 2620 U. Processing of Multiple Motions: ......................................................................................... 2822 V. Processing of Multiple Motions: ..............................................................................................22
CHAPTER V – BOADS, COMMISSIONS & COMMITTEES ........................ 2923
A. Boards, Commissions and Committees – City Representatives – Standing Committee: ... 2923 B. Inability to Attend/Notification of Alternate: ..................................................................... 3125 C. Removal of Member of Board or Commission or Committee or City Representative: ...........25
i v .
ITEM 16
Ceres City Council Handbook of Rules & Procedures {CW129983.2} -1-
CHAPTER I
GENERAL, POWERS and DUTIES
A. Legislative Body:
The governing legislative body of the City of Ceres is a City Council consisting of a Mayor and four Councilmembers. The mayor is electedis elected by the qualified voters of the City at large. Starting with the November 2017, the four Councilmembers will be elected by Districts. Pursuant to the requirements of SB 415, the City Council moved to even year elections starting in November 2018. When reference to all the members of the City Council, inclusive of the Mayor and Councilmembers, is inte nded, use of the term “City Council” is an appropriate substitute for the term “Mayor and Councilmembers.”
B. City Council Basic Power:
All powers of the City are and shall be vested in the City Council, subject to the provisions of the Ceres Municipal Code and to the Constitution and statutes of the State of California.
C. City Council:
1. Elected Mayor:
The Mayor shall hold office for a term of four years. The Mayor shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.
2. Councilmembers:
Councilmembers shall hold office for a term of four year s. Two Councilmember offices shall be elected at each general municipal el ection. Each Councilmember elected shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.
D. Elected Mayor:
1. In addition to the powers and duties authorized by State law, the Mayor shall be recognized as the official head of the City of Ceres local government, and shall be the City’s official representative for all ceremonial functions.
2. In the time of public danger or emergency, th e Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws.
3. The Mayor shall be the Presiding Officer at all the meetings of the City Council, and perform that duty in accordance with the ru les and procedures set forth in Chapter IV.
ITEM 16
Ceres City Council Rules & Procedures
{CW129983.2} - 2 -
4. The Mayor of the City is expected to exerci se a leadership role with the other members of the City Council. To the extent that t ime permits, the Mayor generally works more closely with the Ceres City Manager than other Councilmembers, being mindful that all information is shared equally with other Councilmembers. In th is regard, the Mayor, working in conjunction with the City Council and the City Manager, assumes a significant role in establishing the C ity’s policy direction and priorities.
5. The Mayor customarily attends the regular me etings of the Mayors of Stanislaus County.
In addition, the Mayor, as well as other Counc ilmembers, may elect to become an active participant in the various League of Calif ornia Cities groups and meetings for elected officials.
6. It is the custom and practice that the Mayor gives an annual or bi-annual “State of the City” address sponsored by the City Chamber of Commerce.
7. Under Government Code 40602 the Mayor is required to sign all wa rrants drawn on the City Treasury; all written contracts and conveyances; and all inst ruments requiring the City seal; unless the Council by ordinance au thorizes signature by an officer other than the Mayor.
In the City of Ceres our ordinance provisi ons allow warrants and checks to be signed by at least two (2) of the follo wing persons: Mayor; Vice Mayor; City Clerk; City Treasurer; or Director of Fina nce. (Muni Code 3.32.010)
Contracts for supplies, equipm ent, and services may be signed by the City Manager or his designee. (Muni Code 3.32.010)
Therefore, the Mayor still mu st sign the following documents:
a) Contracts conveying, encumbering or otherwise affecting City property (Deeds, Trust Deeds, etc…)
b) All instruments requiring the City Seal, which would include:
(1) Ordinances
(2) Resolutions
(3) Bond related documents
(4) Contracts for the Construction of public works
8. The Mayor shall make all appointments to boa rds, commissions and committees with the approval of the City Council. (Govt. Code 40605)
E. Vice Mayor:
In the absence of the Mayor, the Vice Mayor shall possess and perform the power and duties of the Mayor. In that capacity, the Vice Mayo r shall sign ordinances and resolutions adopted in his or her presence.
ITEM 16
Ceres City Council Rules & Procedures
{CW129983.2} - 3 -
F. Vice Mayor Selection:
The Vice Mayor shall be a ppointed by the City Council at the first meeting following the certification of the election. The Vice Mayor sh all serve for a two yeartwo-year term at the first meeting in December. If the Vice Mayor resigns during his or her term the Council may vote to replace the Vice Mayor so long as there is a quorum. If, in any year in which an election for Mayor or Council takes place, and the first meeting in December occurs prior to the certification of the election results, then action under this section shal l be delayed to the next meeting of the City Council, either regular or special.
G.
G. Vacancies:
If a vacancy occurs prior to the expiration of a term of office, the Ccouncil shall fill the vacancy by appointment or special election in a manner prescribed by law.
If the Ccouncil fills the vacancy by special election, the election shall be held on the next regularly established election date not less than one hundred fourteen (114) days from the call of the special election and the appointee shall hold office for the unexpired term of the former incumbent.
If the Ccouncil appoints a person, and the vacancy occurs in the first half of a term of office at least one hundred thirty (130) days prior to the next general municipal election, the person appointed shall hold office until the next general municipal election and thereafter until the newly elected incumbent is qualified. If the vacancy occurs in the first half of the term of office but less thaen one hundred thirty (130) days prior to the next general municipal election, or if the vacancy occurs in the secondtion half of the term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
H. Rules of Procedures:
The City Council shall determine its own rules of procedures and amend them from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council Rules shall be accomplished by majority vote of the entire Council membership.
I. Interference in Staff FunctionsCouncil- Staff Relations:
The City Council shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the C ity Council nor any member thereof, shall give orders to subordinates of the City Mana ger. No member of the City Council shall publicly crit icize or censure any staff member of the City, and shall instead relay any criticism of a staff member pr ivately through the Ci ty Manager.Council ITEM 16
Ceres City Council Rules & Procedures
{CW129983.2} - 4 -
understands that the position they hold requires transparency and accountability to the public they serve and shall address the administrative se rvices of the City through the City Mmanager. Inversely, City staff’s primary fu nction is to take act ion promulgated by the Council as a whole through the direction of the City Mmanager. The Ccouncil is discouraged from instructing or reprimanding City staff as individual Cc ouncilm members or in a public forum. Comments or concerns should be communicated th rough the City mManager and resolved in private.
JI. Council Position on Ballot Measure(s) or Legislative Proposals:
A majority vote of the entire Council membersh ip will be required for support or opposition of legislative proposals or ballo t measures.Because the Council performs as a body, it is important that the public understand when an individual Ccouncil member is speaking as ain individual and when they are speaking on be half of the entire Council. Council members should refrain from using City letterhead, correspondence, or logos when expressing their opinions as an individual to the public. Council members may clarify that they did or did not support a matter so long as th ey clearly articulate the C ouncil’s positions as a whole unambiguously.
K. Council Conflicts & Liability
i. Conflict of Interest (Government Code Section 87105) State laws are in place that attempt to eliminate any action by City Officials that may reflect a conflict of interest. The purpos e of such laws and regulations is to ensure that all actions are taken in the public interest.
Newly elected officials are required to file a Statement of Economic Interest (Form 700) within thirty (30) days of being sworn into office. Thereafter, elected officials are required to file an annual Form 700. Thereafter the City Clerk will then notify elected officialsyou of theiryour filing requirements. Written permi ssion must be obtained before posting elected officials’ home addresses or telephone numbers on the Internet.
At any time if a City Official be lieves that a potential for conflict of interest exists, he or she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion fro m the City Attorney regarding a City Official’s potential conflict. Laws which regulate conflicts are very complicated. Violations may result in significant penalties or fines, including criminal prosecution.
ii. Political Reform Act (Government Code Section 87100 et. seq.) The Political Reform Act prohibi ts public officials from making, participa ting in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they ha ve a disqualifying conflict of interest.
Therefore, if a public official has a conflict of interest, the official must disqualify himself or herself from acting on or participating in th e decision before th e City. During that discussion, the official must leave the Council Chambers or wherever the discussion is taking place.
ITEM 16
Ceres City Council Rules & Procedures
{CW129983.2} - 5 -
Economic interests include interests in busine sses, real property, s ources of income, and gifts. An official has a financ ial interest if “it is reasonably foreseeable that the decision will have a material financial effect, distinguish able from the effect on the public generally” on one or more of the economic interests of the official or a member of the official’s immediate family. Economic interest amount s vary pursuant to update by the Fair Political Practice Commission.
Determining whether a Councilmember has a disqua lifying conflict of interest is verycan be complicated and fact specific. Please contact the City Attorn ey if you suspect that youIf a Councilmember suspects they may have a conf lict of interest, the Councilmember should contact the City Attorney so th at a formal four-step analysis of the potential conflict can be provided.
Government Code section 87105 states that a Council or commission member who has a conflict of interest must recuse himself or herself and leave the room , unless the matter is on the Consent Calendar. After it has been determined that a conflict of interest exists under the Political Reform Act, the following steps must take place:
1. Publicly identify the financial interest. T h i s m u s t b e d o n e in enough detail for the public to understand the economic interest th at creates the conflict of interest.
Residential street addresses do not have to be disclosed.
2. Recuse yourself from both the discussion and the vote on the matter. Recusal applies to all proceedings related to the matter.
3. Leave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote, or any other action.
Exceptions: if the matter is on the consent calendar, recusal is not required. Additionally, if the individual with the confli ct wants to speak during public comment, he or she may do so as a private citizen. However, this is the only time he or she may be in the room while the matter is being considered.
The Fair Political Practices Commission (“FPPC”) has published lengthy regulations and opinions on conflicts of interest that are useful in determinin g whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest.
The FPPC also puts out informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest.
Government Code Section 1090
Government Code section 1090 is similar to the Politi cal Reform Act, bu t it applies only to City contracts in which a public official has a financial interest. The financial interests covered by section 1090 are differe nt than those in the Political Reform Act. Having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating secti on 1090 are severe. If a City Official belie ves that he or she ITEM 16
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may have any financial interest in a contract that will be before the Council, the member should immediately seek advice from the City Attorney.
There are a number of other restrictions placed on Council actions which are highlighted in the League of California Cities Handbook. Such re strictions include prohibitions on secrecy and discrimination, as well as a ssurance that all City funds are spent for public purposes.
Violations of these restrictions may result in a personal liability for individual City Officials.
Conflict of Interest Forms
Annual disclosure statements are required of all Councilmembers, designated commissioners, and senior staff. These disclosure statements indicate potential conflicts of interest, including sources of income, ownership of property, and receipt of loans and gi fts. Councilmembers often serve on the governi ng board of other local agencies as a result of appointment or delegation through the Council (e.g., ABAG, etc.). These agencies will also require the submittal of disclosure forms. These form s require information in cluding income, loans, receipt of gifts, and interest in real property, among other items.
Liability
The City is a large institution of fering a variety of services and may often find itself subject to legal actions through lawsuits. The City must al ways approach its res ponsibilities in a manner which reduces risk to all involved. However, with such a wide variety of high-profile services (e.g., police, fire) risk cannot be eliminated.
It is important to note that violations of certain laws and regu lations by individual City Officials may result in that Oofficial being personally li able for damages which w ould not be covered by the City’s insurance. Examples may include discrimination, harassment, or fraud.
Ethics Training (Government Code Section 53235(f))
State law requires the City to advise local offi cials, subject to California’s ethics education requirements, about their compliance requirements at least once a year.
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CHAPTER II
CITY COUNCIL MEETINGS
A. Regular Meetings:
Regular meetings of the City Council shall be open to the p ublic and held on the second and fourth Mondays of every month at the hour of 6:00 p.m.
Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day not a holiday.
B. Special Meetings:
A special meeting may be or dered at any time by the Mayo r whenever the public business may require it or upon the request from three members of the City Council. Only matters listed in the Notice of Special Meeting may be considered at the meeting. Whenever a special meeting shall be called, notice of such meeting shall be provided pursuant to State law. (Cal Govt. Code §54956)
C. WorkshopsStudy Sessions:
The City Council may coordinate meet in a “study session”workshops called as a special meeting or an adjoined regul ar meeting for the purpose of acquiring information on a particular subject(s). Study sessionsWorkshops shall be open to the public. Study sessionsWorkshops are not public hearings;, however, public input will be received. The City Council may not vote or take any final action at a study sessionworkshop. The City Council may by consensus give direction to City Staff regarding matt ers considered in study sessionworkshops. Final action on all study sessionworkshop items shall be taken at regular or special meetings with opportunity for public comment.
Prior to the change in City C ouncil meetings to 6:00 pm in 2015, Study Sessionsworkshops were very common. However, with the meeting time change, Council directed staff for most informational type items to be included as pa rt of the normal agenda as “Discussion Items.” .
Most informational items will be handled under Discussion Items, however, study sessionsworkshops could still be held if the Council deems it necessary.
D. Adjournment of Meetings: (Govt. Code §54955)
1. The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the motion to adjourn.
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2. Less than a quorum may adjourn any meeting.
3. If all members are absent, the City Clerk may adjourn the m eeting to a stated time and place, and the notice required by Govt. Code §54956 must be given by the City Clerk.
4. When a Council meeting is adjourned to a specific time, date and place, a notice of adjournment must be posted near the door where the meetin g was held w ithin 24-hours after the adjournment.
E. Continuance of Hearings: (Govt. Code §54955.1)
1. Any hearing being held by the City Council may by motion be continued or re-continued to any subsequent meeting of the City Council.
2. Notice of the continued hearing must be posted near the door where the meeting was held within 24-hours after the continuance.
3. If the hearing is continued to a time less than 24-hours the notice must be posted immediately following the meeting.
F. Voting Requirements:
1. Regular Motions or Resolutions. (Those for most all items of City business).
A simple majority of a quorum (two votes if only three members are present) or simple majority of the members present.
2. Resolutions or Motions Authorizing the Expenditure of Public Funds.
A majority vote of the total Council memb ership is required (i.e. three votes).
Govt. Code §36936
3. Regular Ordinances.
A majority vote of the total Council memb ership is required (i.e. three votes).
Govt. Code §36936
4. Urgency Ordinances. (Ordinances for the immed iate preservation of the peace, health or safety). A 4/5 vote of the total Council membership is required. Govt. Code §36937(b)
5. Interim Urgency Ordinances Regarding Land Use Matters.
A 4/5 vote of the total Council memb ership is required. Govt. Code §65858
6. Motions to Add Items to Agenda.
A 2/3 vote of members present is required, or a unanimous vote if less than 2/3 of members are present.
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G. Cancellation of Meeting:
If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take su ch action at the earli est prior meeting possible. If the action to cancel a meeting is taken more than one regu lar meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also appear as an info rmative item on the agenda for the meeting immediately preceding the canceled meeting date.
H. Agenda:
In order to facilitate the orde rly conduct of the business of th e citizens of Ceres, the City Manager shall arrange an agenda of such ma tters as may have be en timely provided for inclusion in the agenda. In normal circumstances the Council will be provided with a copy of the City Council agenda on the Wednesday prior to the City Council m eeting. To meet this schedule the City Manager shall establish deadlines for the submittal of staff reports for inclusion in agendas.requests that all agenda items be subm itted seventy-two (72) hours in advance for regular meetings and twenty-four (24) hours in advance for special meetings.
I. Agenda Format for Regular Meetings:
1. Order of Business:
Promptly at the hour set for any meeting, the members of the City Council, City Manager, City Attorney, and C ity Clerk shall take their regular stations in the Council Chambers and the business of the City Council shall be ta ken up for consideration and disposition in the following order:
a. Preliminary:
- Call to Order
- Roll Call
- Invocation
- Pledge of Allegiance
- Presentations/Ceremonial Items
- Citizen Communications to Council on Non-Agenda Items - -
- Declaration of Conflict of Interest
b. Appointments to Boards, Commissions
c. Consent Calendar (including the approval of the Minutes and Certification of Posting) d. Consideration of Item(s) Removed from the Consent Calendar e. Unfinished Business
f. Public Hearings
g. New Business
h. Discussion Items
i. Councilmember Referrals
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j. Reports:
- Mayor
- City Council
- City Manager
- City Attorney
- City Department Heads
J. Selective Components of a Regular Meeting:
The published agenda shall consist of an ag enda and summary reports providing sufficient information needed for deliberation and action.
1. Invocation :
The City of Ceres has a long history of invo cational prayer preced ing its City Council meetings. It is the policy of the City Counc il that the opportunity to offer the invocation at City Council meetings shall be made equally available to representatives of all faiths.
2. Citizen Communications:
Subject to the time limits described in this document, any member of the public or their authorized representative, ma y address the City Council on any matter concerning the City’s business, or any matter over which the City Council has control, whether on its posted agenda or not. Comments on items includ ed on the agenda shall be reserved until the Council considers those items. Howeve r, the City Council is prohibited from extensively discussing, or taki ng action, on an item not app earing on its posted agenda under the provisions of the Brown Act. Any issue raised under “Citizen Communications” will therefore be limited to a determination whether it should be placed on a future agenda for discussion, action, or report. The City Council can, however, allow its members or staff to brie fly respond to statements made and to ask questions for clarification.
3. Minutes :
a. Description:
The minutes of a City C ouncil meeting shall be “acti on minutes” which include the motions made, actions taken, and a brief summary of public comments and City Council comments germane to the outcome of the item.
b. Reading of Minutes:
If each Councilmember has been furnished with a copy of the min utes prior to the meeting, the minutes may be approved wit hout reading. If a Counc ilmember raises a point of correction to the minutes of a City Council meeting, that correction may be approved at that meeting.
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c. Voting on Approval of Minutes:
City Council minutes may be approved by a majority vote of a quorum of the Council membership. Councilmembers who were not present at the meeting for which the minutes were prepared should abstain from voting. If a quorum of Councilmembers who were present at the meet ing for which the minutes were prepared is not present, action on the minutes shall be continued to a future meeting. d. Signing of Minutes:
After their approval the minutes shall be signed by the Mayor (o r the chair of the meeting) and the City Clerk.
e. Including Reasons for Dissent or Protest:
The Mayor and any Councilmember shall have the right to have the reasons for his or her dissent from or protest against, any act ion of the City Council entered into the minutes. In such case the member dissenti ng or protesting shall deliver to the City Clerk within five (5) days of the meet ing at which action was taken a written statement of the reasons for dissent or protest. The City Clerk shall include such statement in the minutes of the meeting. Failure to submit the written statement within the time require d shall be deemed a waiver of the right to have the statement included in the minutes.
4. Approval of Agenda as Posted (or Amended) / Adding Matters to the Agenda:
a. The Brown Act requires that the age nda for regular City Council meetings must be posted at least 72 hours prior to the mee ting. (Govt. Code, Section 54954.2(a)) Except in very limited circum stances, the City Council may not discuss or take action on any item not appearing on the posted agenda.
The posted agenda may be amended at the meeting to include statutorily defined emergency items or matters which require immediate action subject to certain required findings.
b. An emergency item is defined as a wo rk stoppage, crippling activity that severely impairs public health, safety or both, as determined by a majority vote of the entire membership of the Council (Govt. Code §54956.5)
c. Matters requiring immediate action by the City Council may be added to the agenda by a 2/3 vote of the Council members present at the meeting if the Council finds: (i) that there is a need to take action immediately; and (ii) that the need to take action came to the attention of the City after the agenda was posted. (Govt. Code §54954.2(b)(2))
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5. Declaration of Conflict of Interest:
If a Councilmember has a conflict of interest with regard to any item on the agenda as posted (or amended) and certified, the Councilmember must declare that conflict publicly prior to consideration of the item. The circumstances creating the conflict must be stated and the Councilmember must leave the room when the matter is under consideration and not return until after the d ecision is made. However, sh ould a Councilmember have a conflict of interest on a matter wh ich appears on the consent calendar, the Councilmember is not required to leave the room when the item is considered, but public disclosure of the conflict is still required.
6. Consent Calendar:
Items of a routine, non-controve rsial nature may be placed on the consent calendar at the City Manager’s discretion. Consent calendar items may include the second reading and adoption of City ordinances. When such ordinance matters are placed on the consent calendar they shall be listed in the following manner:
“Waiver of Second Reading and Adoption of
Ordinance No. _________ (complete title of
ordinance).”
All items may be approved by one motion and one vote. Any Councilmember, the City Manager, the City Attorney, or member of the public or their representative may request any item be withdrawn from the consent calendar for separate consideration in its regular order of business. Prior to consideration of the Consent Calendar the Mayor shall advise the public that they may request removal of a matter from the Consent Calendar for separate consideration by the Council. Prio r to the approval of the Consent Calendar, corrections to item(s) on the Consent Calendar may be stated and corrected.
Councilmembers may register a “No” vote on specific item(s) without removal from the Consent Calendar. As part of the roll call vo ting, the Council member wishing to vote “No” on a particular items shall indicate it as part of their roll call vote and the Clerk shall cause all items for which “no votes” have been registered to be reflected in the minutes of the meeting.
7. Unfinished Business:
Matters continued by the City Council for further consider ation by the City Council.
Such matters may include formal public hear ings that are continued by the City Council to a specific date or other matters where the Council desi res further information or materials from City Staff prior to making a decision on the matter.
8. City Council Referrals/Determ ination of Items for Agenda:
a. Any Councilmember may, prior to the posting of the agenda for a regular City Council meeting, bring any matter to the attention of the City Council which is not otherwise scheduled on a City Council agenda. The matter will be placed on the agenda in the Council Referral section. The sponsoring ITEM 16
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Councilmember shall give the City Manage r a brief description of the subject to be printed in the agenda, sufficient to inform the City Council and public of the nature of the referral.Any Ccouncil member may place an item on the agenda prior to the posting of the agenda by bringing the matter to the attention of the City Mmanager by 5: 00 p.m. on the Monday before agendas are posted. The sponsoring Councilmember shall give the City Mmanager a brief description of the subject to be printed on the agenda and the item will be placed in the referral section of the agenda. If the proposed agenda item is received after Monday at 5:00 p.m., ever y effort will be made to add the proposed item to the upcomin g agenda. Any items rece ived after the agenda has been posted will be added to the next agenda.
b. The City Council, after considering th e referral, may do any of the following:
(1) Reject the request.
(2) Refer the matter to staff to schedule as a future City Council agenda item.
c. The Councilmember who requested the referral has the privilege of speaking first on the item.
d. No matter which has previously b een brought before the Council under Council referral, and which a majority of the Council has declined to schedule as a future City Council agenda matte r, shall be again brought before the Council under Council referral unless it is brought by a Councilmember other than the Councilmember who originally brought it.
e. The City Manager shall have the responsibility for determining all other matters which are placed on the age nda for the City Council meetings, including regular meetings or special meetings. In the exercise of his discretion, the City Mana ger shall place on the Agenda: (i ) those matters which are necessary, in the judgment of the City Manager, to implement the stated policies, goals, priorities or obj ectives of the City Council; (ii) those matters which are necessary to implement the orderly day to day functioning of City affairs; (iii) those matters whic h are required by law to be considered or determined by the City Council.
9. Appointments:
Appointments to the City Boards, Committees and Commission shall be made as described in Chapter V of this document.
10. Reports:
On the Reports section of th e agenda the Mayor, Councilmembers, City Manager, City Attorney, and City Staff shall report on all committee meetings which they have attended as the official City representative and all conf erences they have attended. They may also report on various community even ts and activities they have attended and other matters related to the operations of the City and the general well-being of the community.
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Reports should be brief summaries of activ ities and concerns and generally should not exceed three to five minutes in length. Sin ce these matters are not on the posted agenda, the Brown Act prohibits the City Council fro m making any formal decision or reaching a consensus regarding any issue that might be raised. There shou ld be no significant discussion regarding such matte rs. If the City C ouncil believes that the matter deserves the attention of the Council, it should direct the City Manager to place the matter on a future City Council agenda.
11. Closed Session:
On this portion of the agenda the City Counc il may discuss and decide certain types of matters which are authorized by the Brown Act to be consider ed in closed session. The Brown Act prescribes specific descriptions of the various types of closed session matters which must appear on the posted agenda. The Mayor should adjourn the public meeting to closed session to consider such matters. In doing so, it is not necessary to read the agenda description. It is sufficient to simp ly refer to the number ed agenda item. The Brown Act requires that when certain deci sions are made in closed session those decisions must be reported to the public. Some decisions must be reported in public session immediately after conclusion of the closed session. The City Attorney will advise the City Council regarding the time and manner of publicly reporting their closed session decisions.
Information provided and discussions held in closed session are confidential and must not be disclosed to the public by any persons at tending the closed session unless specifically authorized by a majority vote of the City Council. Violations of this rule of confidentiality may be punished by public censure, and may also be subject to prosecution by the District Attorney as a misdemeanor criminal violation.
K. Commencement of Successor Agency Meetings:
The City Council acts as the Successor Agency for the Former Ceres Redevelopment Agency and the Former Stanislaus-Ceres Redevelopment Commission. The Successor Agencies have a designated the start time for th eir meetings as 6:00 p.m. or as soon thereafter as business permits. Regular meetings of the Successor Agency for the Former Ceres Redevelopment agency and the Successor Agency for the Former Stanislaus Ceres Redevelopment Commission are held on the same dates and times of regular meetings of the City Council.
Items for the Successor Agency for the Former Stanislaus Ceres Redevelopment Commission will customarily be heard prior to the Reports Se ction of the City Council meeting. The City Council meeting adjourns to the meetings of the Successor Agencies and reconvenes to the City Council Meeting. Holding a Joint Meeting of the agencies is also an option depending on the agenda of the respective agencies.
L. Presentations and Proclamations
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All requests for presentations and proclama tions shall be requested through the City Manager, who will determine the appropriate time to bring back the request to the Council for consideration. Proc lamation requests shall be re quested at least onea month before the City Council meeting in which it is needed. Presentation requests shall be requested in the same manner as Councilmember referrals.
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CHAPTER III
DECORUM
A. Enforcement of Decorum:
The City Manager shall assign a sergeant-at-a rms when necessary to attend C ity Council meetings for the purpose of ma intaining order and decorum in the City C ouncil Chambers and in the lobby. Upon instruct ions from the Mayor, the serg eant-at-arms shall eject any member of the public present at the meeting from the City Council Chambers, whose conduct is in violation of any of the following adopted rules of order and decorum (see Govt. Code, §36813):
1. Persons attending meetings of the City Council shall at all times c onduct themselves in a courteous manner with regard to other memb ers of the public attending the meeting and to Councilmembers and City Staff.
2. Persons attending the meeting shall refrain from the use of profanity and rude or derogatory remarks.
3. No person attending the meeting shall engage in disorderly conduct which disturbs the peace and good order of the meeting. Conti nuation of such conduct after an admonition from the Mayor will result in removal from the Council chambers.
4. Any person who willfully disturbs or breaks up any assembly or meeting is guilty of a misdemeanor and will be subject to arrest. (Cal. Penal Code, §403.)
5. Nothing in these rules prohibits the right of the public to criticize the policies, procedures, programs or services of the City or of th e acts or omissions of members of the City Council or City staff (Cal Govt. Code §54954.3(c))
To maintain the confidence and integrity of City business in a manner which is professional and efficient, all participants of the public hear ing or meeting process must comply with the foregoing guidelines:
B.A. Courtesy:
1. Councilmembers, City Employees, and Appointed Members of Boards/Commissions:
Councilmembers, City Employees, and A ppointed Members of the Board/Commission, collectivel y (“City Representatives”) shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statements as to motives and personalities.
In addition, all City Representatives shall comply with the guidelines detailed in the Ceres Municipal Code (“Code”) sections 2.17.040 and 2.17.050.
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2. Rules of Civility:
All City Representatives and members of the public are expected to comply with the Rules of Civility detailed in Code section 2.17.080.
2. City Employees:
Employees of the City shall observe the same rules of order and decorum applicable to the City Council.
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3. Appointed Members of Boards, Commissions and Committees:
Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.
3. Enforcement Aagainst City Representatives:
The City has formed a Rule Co mmittee to enforce the City’s rules of civility against City Representatives. The Committee shall be responsible for issuing admonishments, reprimands, and censures to Ci ty Representatives who violat e the provisions of the rules of civility pursuant to Code sections 2.17.120 through 2.17.160.
4. Enforcement aAgainst pPublic Aattendees:
In accordance with Code section 2.17.100 and Government Code section 54957.95, disruptive behavior during a me eting may result in the removal of the individual by the Mmayor. Prior to removal of an individual, the Mmayor shall warn the individual that their behavior is disrupting the meeting and their failure to cease may result in their removal by the sergeant of arms as defined in Code section 2.17.090.
Disruptive behavior is behavior during a me eting of a legislativ e body that actually disrupts, disturbs, impedes, or renders infeas ible the orderly conduct of the meeting and includes, but is not limited to: (A) failure to comply with reasonable regulations adopted by the Council, or (B) eEngagement in behavior that constitutes use of force or a true threat of force.
They mMayor, upon his or /her discreti on or upon the recommendation of another Ccouncilmember, may commence the removal pr ocess following the disruptive behavior of the individual member of the public.
4.5.Cell Phone Usage:
Cell phone usage is prohibited in the Council Chambers while a meeting is in session.
5. 6. Noise in the Lobby:
6. Noise emanating from the lobby outside the Ci ty Council Chambers which disrupts City Council meetings shall not be permitted.
7. Entering/Exiting the Meeting Facility:
The designated facility for me etings and hearings contains an entrance for staff and a separate entrance for the public . For prompt and orderly sea ting and to ensu re safe and structured exiting, all meeting participants shall endeavor to use their designated entrance/exit when attending City meetings and hearings.
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BD. Crowd Control in Council Chambers:
If the City Manager, or the City Manager’s designee, anticipates in advance a large number of attendees in the City Council Chambers, he or she shall open overflow viewing. shall provide for appropriate crowd control.
If a crowd larger than the maximum number of attendees is anticipated, the meeting shall be relocated to a more appropriate venue.
E. Smoking:
It is unlawful for any person to smoke in the City Council Chambers.
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CHAPTER IV
PROCEDURAL RULES FOR CONDUCTING MEETINGS OF THE CITY COUNCIL
A. Adoption of Procedural Rules:
These procedural rules are adopted by the City Council to assist the Council in conducting its meetings in an orderly and efficient manner. The rules are intended to facilitate and expedite a full and adequate considera tion and debate, by elected offi cials and the pub lic, of all matters which come before the City Council for decision. Except with respect to matters that are mandated by State law, any failure of the City Council to confirm to these rules shall not, in any instance, be deemed to invalidate the action taken.
B. Call to Order:
The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Vice Mayor. In the absence of the Mayor and the Vice Mayor, the meeting shall be called to order by the most senior Councilmember present. This person shall serve as the Council’s presiding officer until the arrival of the Mayor or Vice Mayor, or until adjournment of the meeting.
C. Roll Call:
Before proceeding with the business of the City Council, the City Cler k shall call the roll of the City Council and the names of those present and those absent shall be entered into the minutes of the meeting. The Pr esiding Officer shall announce that a late Councilmember has arrived for the benefit of the television audience.
D. Quorum:
Three members of the City Council shall constitute a quorum for the transaction of business.
A majority of a quorum shall be sufficient to pass any acti on taken by the City Council except on such matters, which, by law or ordi nance, require a gr eater majority. All ordinances and all orders for the payment of money require at least three (3) affirmative votes.
E. Lack of Quorum:
If a majority of the City Counc il are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned to a stated time and place and the City Clerk shall cause to be prepared a written notice of the adjournment and conspicuously post it at the entrance to the Council Chambers within 24 hours of adjournment. If all members of the City Council are absent from a regular or adjourned regular meeting, the C ity Clerk may adjourn the meeting to a stated time a nd place, and cause a notice to be posted in the same manner as above.
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F. Format for Processing Public Hearings/Appeals:
Generally, public hearings shall be conducted in the following order:
1. Regular Public Hearings: (no specific applicant or City is applicant) - Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
- Public Comments
- Hearing closed by Mayor
- Questions by Councilmembers
- Discussion by Councilmembers
- Action by City Council
2. Appeals:
- Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
• Appellant’s comments
• Public comments
• Rebuttal by Appellant (limited to addressing public comments) - Questions by Councilmembers of appellant or other public participants - Hearing closed by Mayor
- Discussion by Councilmembers
- Action by City Council
3. Public Hearing Involving a Specific Applicant
(i.e. land use matters an d other matters proposed by a specific applicant) - Staff presentation & recommendations
- Questions of Staff by Councilmembers
- Hearing opened by Mayor
• Applicant’s presentation
• Comments from members of the public supportive of the matter • Comments from members of the public opposed to the matter • Rebuttal by Applicant (limited to comment or arguments made in opposition) - Questions by Councilmembers of Applicant or other public participants - Hearing closed by Mayor
- Discussion by Councilmembers
- Action by City Council
G. Mayor as Presiding Officer:
The Mayor shall be the Presiding Officer at all the meetings of the City Council. The Presiding Officer may move, seco nd, and debate from the Chair, subject to such limitations of debate as are imposed on all Councilmembers by these rules and shall not be deprived of any of the rights and privileges of a Councilmember as such Presiding Officer. The Presiding Officer shall possess no veto power.
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The Presiding Officer shall pres erve strict order and decoru m at all times. The Presiding Officer may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: the length of time persons may speak; require that, if desirable, a spokesperson address the Council on behalf of a group of persons; an d, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents.
The Presiding Officer shall decide all questions of order, subject, however, to an appeal to the City Council, in which ev ent a majority vote of the City Council shall govern and conclusively determine such question of order. The Presiding Officer is eligible to vote on all matters coming before the Council for decision, and shall direct the order of participation of Councilmembers. The Presiding Officer shall, in all instances, have the last chance to speak.
The Presiding Officer shall sign all ordinances and resolutions adopted by the City Council during the Presiding Officer’s presence.
H. Recognition to Speak, Councilmember:
Every Councilmember desiring to speak shal l address the Presiding Officer and, upon recognition by the Presiding Officer, shall conf ine his or her remark s to the question under debate.
1. Interruptions:
A Councilmember, once recognized, shall not be interrupted while speaking unless called to order; unless a motion to raise a point of order is raised by another Councilmember, or unless the Councilmember speaking chooses to yield to questions from another Councilmember.
2. Challenged While Speaking:
A Councilmember, challenged while speaki ng, shall cease speaki ng until the point of order is determined. The Councilmember shall be permitted to proceed if ruled to be in order. Conversely, the Councilmember shall remain silent or alter any remarks to comply with rules of the City Council if found not to be in order.
3. Public Hearings:
Councilmembers should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.
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I. Addressing the City Council:
1. Speaker Card and Speaker Time:
For all agenda items persons wishing to a ddress the City Council should use Speaker Cards. After the meeting is called to order, the Presiding Officer shall encourage those persons wishing to address the Council to co mplete and return to the Clerk, Speaker Cards, which list their name, address, and th e matter on which they wish to be heard.
Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at th e beginning of the hearing, limit the time for individual comments. When deemed necessa ry, the Presiding Officer may allocate a longer speaker time without objection from the City Council. The following time limits apply unless modified by the Presiding Officer.
Applicant/appellant - 10 minutes
Individual speakers - 5 minutes
Rebuttal by applicant/appellant - 5 minutes
Person speaking on non agenda items – 5 minutes
Each person shall stand at the podium, if one is available, and is request ed to give his or her name and address for the record. All remarks shall be addressed to the Council as a body and not to any member ther eof. No person, other than the City Council and person having the floor, shall be permitted to enter in to any discussion, either directly or through a member of the City Counc il, without the permission of the Presiding Officer. No question shall be asked of a Councilmember or a member of City staff except through the Presiding Officer.
2. One Speaker at a Time:
No person, other than the person having the fl oor, shall be permitte d to enter into any discussion without the permissi on of the Presiding Officer. All discussions shall be through the Presiding Officer, and no question shall be asked of a Councilmember except through the Presiding Officer.
3. Questions and Comments from the Public:
Questions and comments from the public shall be limited to the subject under consideration, except for Citizen’s Communication on non agenda items.
4. Addressing the City Council after a Motion is Made:
No person in the audience may address the City Council after a mo tion is made without first securing permission to do so. U pon recognition by the Presiding Officer and permission being granted by the City Council, the person so recognized shall confine him or herself to the question under discussion.
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J. Continued Agenda Item:
It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or othe r interested parties, the request must be made to the City Council at the outset of the consid eration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, in writing; as soon as possible prior to the meeti ng that such a request for continuance will be made. The City Clerk shall inform the Mayor. The City Counc il will consider the request for continuance prior to discussing the substanc e or merits of the agenda it em. The interested parties may speak to the issue of a continua nce without forfeiting th e right to speak late r to the merits of the issue if a majority of the Council so rules. Comments may be presented by persons not able to attend the meeting for which the item is fina lly scheduled if the City Council agrees to continue the item.
K. Public Hearing Closed:
Once a hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Councilmember addressed through the Presiding Officer. However, a public hearing may be re-opened by the Presiding Officer to hear new information.
L. Division of Question:
If the question contains two or more propositions , each of which is capable of standing as a complete proposition if the othe rs are removed, the Presidin g Officer may, and upon request of a Councilmember shall, divide the question.
M. Withdrawal of Motion:
A motion may not be withdrawn by the maker of the motion without the consent of the Councilmember who seconded the motion.
N. Voting:
All votes of the City Council be made by ro ll call and the results sh all be announced and recorded in the minutes by the City Clerk .
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O. Failure to Vote:
Absent a disqualification under State law, in cluding conflict of in terest provisions and prohibitions on participating wh en personal bias would prohib it a fair decision, it is the responsibility of every Councilmember to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Councilmember who fails to vote shall nonetheless be counted towards making up a quorum, unless the failure to vote is compelled by a legal disqualification.
P. Abstention/Recuse: Conflict of Interest:
Councilmembers shall disqualify themselves and abstain from voti ng if they have a financial conflict of interest or any other disqualificati on prescribed by law in a matter before the City Council. In such event, they may not pa rticipate in the disc ussion or the vote.
Councilmembers shall state the spec ific reason for such disqualifi cation. Unless the matter is on the consent calendar, the ab staining Councilmember shall leave the Council dais until the conclusion of the agenda item. The matter wi ll then proceed as though the member is not present, and the member shall not be counted toward making up a quorum.
Q. Tie Votes:
All tie votes shall be deemed to be a denial of the matter that is before the Council for decision, unless the Council by a majority vote of the members present elects to continue the matter to the next Council meeting when it is reasonably known that all Council members will be present.
R. Appeal from the Presiding Officer’s Decision:
When the rules are silent, the Pr esiding Officer shall decide all questions of order, subject to appeal by any Councilmember. When in doubt, the Presiding Officer may submit the question to the City Council. Any decision or ruling of the Presiding Officer may be appealed by request of any Councilmember. The Presiding Officer shall immediately call for a vote to determine if the Presiding Officer’s ruling shall stand.
S. Parliamentary Motions and Procedures for the Processing of Council Business:
The City Council adopts Rosenberg’s Rules of Order, as modified by the provisions stated in these rules, as the parliamentary procedures and motions to be used as a guide for conducting the City’s business at meetings of the City Council. A copy of Rosenberg’s Rules of Order is attached hereto as EXHIBIT A. Strict adherence to these suggested parliamentary procedures and motions is not required, but their use is encouraged to the extent that such use helps to promote an orderly and efficient public meeting of the City’s elected officials. No provisions in these administrative processing procedures are intended to override State law or local ordinance provisions.
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T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion and Decision:
1. Announcement of Agenda Item.
The Presiding Officer (P/O) should announ ce the agenda item number and read the agenda description of the item under consideration.
2. Reports Concerning the Agenda Item.
The P/O should request report(s) on the item from City staff or other person(s) who have submitted a report to the Council on the agenda item.
3. Questions by Council.
The P/O should invite questions by the Counc il of those person(s) who have presented reports(s).
4. Public Comment.
The P/O should invite public comment on the agenda item, and upon the conclusion of public comment, announce that public comment has concluded. In the case of public hearings and appeals, the format in Chapter IV, F shall be followed.
5. Motion by City Council.
The P/O should invite a motion from any member of the Council. In most circumstances this will be a motion to approve or deny the proposed agenda item.
6. Seconding of Motion.
The P/O should determine if a ny member of the Council wishes to second the motion. If there is no second to the moti on, the P/O shall have discretion to proceed with the motion in the absence of a second.
7. Repeat the Motion.
The P/O, for clarity, should repeat the motion (i.e. “A motion has been made and seconded to….”)
8. Discussion of Motion.
The P/O should invite discussion of the motion by the City Council. - If there is no discussion the matter should proceed to a vote. - If discussion is lengthy P/O should repeat the motion.
9. Council Vote.
After discussion of the Counc il is concluded (and no motion to amend or substitute the motion has been made) the P/O should call for the roll call vote.
10. Announcement of Vote.
City Clerk should announce the result of the vote.
U. Summary of Rosenberg’s Common Motions:
1. Motion to Amend.
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Used to change or modify a mo tion that is before the Council. - Retains the basic motion on the floor but modifies it in some way. - Requires a second.
- Debatable.
- Simple majority.
2. Substitute Motion.
Completely discards the motion on the floor and puts a new motion before the Council. - Requires a second.
- Debatable.
- Simple majority.
3. Motion to Adjourn.
Requires immediate adjour nment to the next regularly scheduled meeting. - Requires a second.
- Not debatable.
- Simple majority.
4. Motion to Recess.
Requires an immediate recess w ith length determined by P/O. - Requires a second.
- Not debatable.
- Simple majority.
5. Motion to Fix Time to Adjourn.
Requires adjournment at a speci fic time stated in motion. - Requires a second.
- Not debatable.
- Simple majority.
6. Motion to Table or Continue.
Requires discussion of item to be halted.
- May contain a specific time at which item can come back to Council. - Requires a second.
- Debatable.
- Simple majority.
7. Motion to Limit Debate.
Stops debate on the item and in effect calls for a vote. - Requires a second.
- Not debatable.
- Should include a time limit.
- Requires a 2/3 vote.
8. Motion to Object to Consideration of Item.
Requires removal of item from the agenda.
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- Requires a second.
- Not debatable.
- Requires a 2/3 vote.
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9. Motion to Suspend the Rules.
Allows Council’s existing rules to be suspended for a particular purpose. - Requires a second.
- Debatable.
- Requires a 2/3 vote.
10. Motion to Reconsider.
Allows a matter voted upon to be reopened for further debate. - Applies only to extent existing law or ordinance provision does not prohibit reconsideration (i.e. an ordinance states that Council action on a particular type of item is final.)
- Requires a second.
- Debatable
- Requires a 2/3 vote.
- Must be made at meeting where item was voted upon or at very next meeting of Council.
- Must be made by a member who voted with the majority.
V. Processing of Multiple Motions:
1. Only three (3) motions may be on the floor simultaneously.
2. A fourth motion is out of order and would not be permitted.
3. The Council should first consider and vote on the last motion made.
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CHAPTER V
BOARDS, COMMISSIONS & COMMITTEES
CITY REPRESENTATIVES & STANDING COMMITTEE
A. Boards, Commissions and Committees – Ci ty Representatives – Standing Committee:
1. Definitions:
a. Boards, Commission and Committees:
The City Council may establish by ordinance or resolution all boards and commissions, including ad hoc committees, which shall ad vise the City Council and perform such other functions and duties as prescribed by the City Council. b. City Representatives:
Councilmembers and citizens may be appointed by the Mayor to serve on County, regional or multi-purpose agencies, commi ttees and commissions to represent the City, with confirmation by the City Council.
c. Standing Committees:
Standing committees are those created by ordi nance or resolution of the City Council which have a continuing subject matter ju risdiction or a meeting schedule fixed by formal action of the City Council. Memb ership of such commi ttees may consist of Council members and/or citizens who shall be appointed by the Mayor with confirmation of the Council. All standing committees are subject to the requirements of the Brown Act.
d. Ad Hoc Committees:
Ad hoc committees are those committees cr eated by ordinance, re solution, or motion of the City Council which are formed for a limited time and purpose and without any continuing subject matter jurisdiction. Such committees are not subject to the requirements of the Brown Act unless their membership includes a quorum of the City Council.
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2. Application and A ppointment Process:
All members of boards, commissions and co mmittees, except Council members, shall be appointed by the Mayor with the confirmation of the City Council, in accordance with the following procedure:
a. Vacancy, Announcement, Interview and Applicant Pool:
The City Clerk shall maintain records of membership status of boards, commissions and committees. The Clerk shall notify the Mayor of each vacancy.
When a vacancy occurs, the vacancy sha ll be announced at a Council meeting and invite the public to apply for the position or positions. The notice of vacancy shall be posted in the Ceres Courier an d on the City’s website with notice of the closing date.
The final date for receipt of applications and the final date for receiving applications shall be at least one week following th e Mayor’s announcement. At the meeting scheduled where the Mayor makes appointment s, the City Clerk shall provide a copy of all applications received to the City Council.
b. Application Required :
No person shall be appointed to a boar d, commission or committee without filing a written application for appointment with the City Clerk prior to 5:00 p.m. on the date of the deadline for receipt of applications.
c. Scheduling of Appointment:
The City Clerk will schedule, on the re gular City Council meeting agenda, as designated by the Mayor, a notice of the Mayor’s intention to make an appointment to a board, commission or committee.
d. All Applications Provided to All Councilmembers:
The City Clerk shall include in the City Council’s agenda p acket for the Council meeting at which the Mayor’s appointment is scheduled, all current applications filed for appointment to the board, commission or committee designated in the Appointments section of the Agenda. In the event there are multiple vacancies on the same board, commission or committee the Ma yor shall schedule the appointment and name the appointees of all vacant positions of any one board, commission or committee on the same Council meeting.
e. Applications: Current List:
A current list of applicants is established each year. Applications may be submitted to the City Clerk at any time between Janua ry 1 and December 31. These applications may be considered for various vacancies throughout the year; however, on December 31, any remaining applications of these persons not appointed will be void. In order to be considered in the following year, new applications will need to be submitted starting January 1.
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3. Councilmember Appointment:
The Mayor shall, instead of nominating, simply announce the appointment of the designated Councilmember as a member of a City, County, regional, multi-public agency, or other outside agency, committee or bo ard at the time the matter is considered at the City Council meeting. If no motion is made by a Councilmember, immediately following the Mayor’s announcemen t, to submit the Mayor’s intended appointment to formal vote of the City Council, the Mayor’s announced appointment is deemed approved.
B. Inability to Attend/Notification of Alternate:
If circumstances arise which prevent a member of a board, commission, or committee from attending a meeting of said body, and an alternate representative has been designated by the City, the member who will be unable to attend the meeting shall, to the extent reasonably possible, advise the alternate representative of his or her absence.
C. Removal of Member of Board or Commission or Committee or City Representative:
Any member of a board, commission or committee and any City representative or liaison to a outside agency, serve at the pleasure of the City Council, and may be removed, without cause, by a vote of not less than three (3) Councilmembers, initiated by either the Mayor or a Councilmember. Any proposed removal shall be scheduled as a Council Referral on the agenda of a regular Council meeting, with the name of the person proposed to be removed printed on the agenda.
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