Agenda — Ceres City Council, June 24, 2024 (part 1 of 2)

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, June 24, 2024 at 6:00 p.m.

Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Lopez

ROLL CALL

Mayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A.

Martinez (District 4)

INVOCATION

Invocation by Tim Giannosa, Big Valley Grace Community Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/89833471542?pwd=Zx8OsV2Gj2hoxibdzOa2HySa6QCdJe.1

Webinar ID: 898 3347 1542; Passcode: 474712; or Dial: (669) 900-6833

PUBLIC COMMENTS VIA ZOOM HAVE BEEN SUSPENDED. PUBLIC COMMENT DURING THE MEETING MUST BE MADE IN-PERSON. MEMBERS OF THE PUBLIC MAY STILL VIEW THE MEETING VIA ZOOM.

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR

WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.

If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at [email protected].

AGENDA
Regular City Council Meeting
June 24, 2024

Page 2 ends

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

None

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non -agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are e ntitled to address the City Council on any agenda item subject to the 5-minute provision.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Councilmember or public for special consideration.

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the June 24, 2024 City Council Meeting was Posted on Wednesday, June 19, 2024. (City Clerk)

2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)

3. Approval of Minutes for the June 10, 2024 Regular City Council Meeting. (City Clerk)

4. Approval of Minutes for the June 18, 2024 Special City Council Meeting. (City Clerk)

5. Register of Audited Demand (s) Dated May 31 , 2024 through June 11 , 2024. (Esenwein)

AGENDA
Regular City Council Meeting
June 24, 2024

Page 3 ends

6. General Correspondence – Information Only
a. Public Works Monthly Report for May 2024 (Royal)

7. Resolution No. 2024 -XXX, Approving a Three -Year Contract with the City of Newman for the Ceres Police Department to Provide Police Dispatch and Related Services and Authorizing the City Manager to Execute the Contract. (Perry)

8. Resolution No. 2024 -XXX, Approving a Three -Year Service Agreement with Motorola Solutions for Police Department Radio Maintenance and Authorizing the City Manager to Execute the Agreement. (Perry)

9. Resolution No. 2024 -XXX, Approving Project Agreement #2 with Advanced Mobility Group to Provide Professional Traffic Engineering Services and On-Going Support Services for the City’s Traffic Signal System and Authorizing the City Manager to Execute the Agreement. (Beltran)

10. Resolution No. 2024 -XXX, Approving the Construction Contract for the Smyrna Park Playground to GameTime , Inc., Authorizing a 10% Contingency , and Authorizing the City Manager to Execute the Contract. (Beltran)

11. Waiver of Second Reading and Adoption of Ordinance No. 2023 -XXXX, An Ordinance of the City Council of the City of Ceres Adding Chapter 9, Construction and Demolition Waste of Title 6, Health and Sanitation, of the Ceres Municipal Code to Establish Administrative Procedures for Documenting Compliance with Senate Bill 1374 and the California Green Building Code Standards (Cal Green) for the Diversion of 65 Percent of Construction and Demolition Debris from Landfills . (Royal)

12. Resolution No. 2024 -XXX, Approving a Letter of Support from the Ceres City Council to Present to Stanislaus Regional Transit Authority for the Transit and Intercity Rail Capital Grant Program (TIRCP). (City Manager)

13. Resolution No. 2024-XXX, Ratifying the Memorandum of Understanding between the City of Ceres and the First Line Supervisor Group and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

14. Resolution No. 2024-XXX, Ratifying the Memorandum of Understanding between the City of Ceres and Mid Managers Bargaining Group and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

15. Resolution No. 2024-XXX, Ratifying the Memorandum of Understanding between the City of Ceres and Ceres Police Officers’ Association and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

16. Resolution No. 2024-XXX, Ratifying the Memorandum of Understanding between the City of Ceres and Ceres Public Safety Mid Managers Association and AGENDA
Regular City Council Meeting
June 24, 2024

Page 4 ends

Authorizing the City Manager to Execute the Memorandum of Understanding . (Vasquez)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

NEW BUSINESS

17. Resolution No. 2024 -XXX, Accepting the 2023 -24 Military Equipment Annual Report and Approving the Military Equipment Funding, Acquisition and Use Policy. (Perry)

18. Reconsideration of the City Council’s Policy on the Use of Video Teleconferencing Such as Zoom for Public Participation at City Council Meetings. (City Attorney)

UNFINISHED BUSINESS

19. Resolution 2024-XXX, Adopting the Amended City Council Rules and Procedures Handbook Dated June 2024. (City Attorney)

PUBLIC HEARING

20. Second Reading and Adoption of Ordinance No. 2024-XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 15, Buildings and Construction, Chapter 8, California Fire Code, of the Ceres Municipal Code to Adopt the 2022 California Fire Code. (Wise)

21. Ordinance No. 2024-XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 15 of the City of Ceres Municipal Code and Adopting by Reference the California Code of Regulations Title 24, 2022 Edition, of the California Building Standards Code and to Set a Public Hearing on July 22, 2024, for a Second Reading and Adoption of the Ordinance. (Simvoulakis)

22. Resolution No. 2024 -XXX, Approving an Agreement for Turnkey Design and Construction Energy Services with Schneider Electric Buildings Americas, Inc. for the Design and Construction of an Energy Services Project for the City of Ceres Wastewater Treatment Plant Improvements and Upgrades and Authorizing the City Manager to Execute the Agreement. (Royal)

23. Resolution No. 2024 -XXX, Authorizing the Annexation of 3605 9 th Street (APN:
127-025-009) into the Community Facilities District No. 3, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors.

Resolution No. 2024 -XXX, Declar ing the Results of a Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the First Amendment to Notice of Special Tax Lien.

AGENDA
Regular City Council Meeting
June 24, 2024

Page 5 ends

Ordinance No. 2024-XXXX, An Ordinance of the City Council of the City of Ceres Introducing and Waiving the First Reading of Authorizing and Levying of Special Taxes in Community Facilities District No. 3, Including Annexation No. 1. (Simvoulakis)

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda (pursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda).

REPORTS
At this time, any Councilmembers or City staff will make an announcement, or report briefly on his /her activities.

• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

24. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Laborers’ International Union of North America (LiUNA!) Unrepresented Employees: City Manager

25. Conference with Legal Counsel – Anticipated Litigation , Cal. Gov’t Code §54956.9(d)(2)
“For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist… A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Potential Case(s): 1 case

REPORT FROM CLOSED SESSION

AGENDA
Regular City Council Meeting
June 24, 2024

Page 6 ends

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on July 8, 2024 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Council Agenda:

The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538 - 5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538 - 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, June 19, 2024, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

____________________________ ____________________________________________________________________________________________________________________________ __ Fallon Martin, City Clerk

DRAF

T MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, June 10, 2024 at 6:00 p.m.

Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
Ma
yor Lopez called the June 10, 2024 meeting to order at 6:00 p.m.

ROLL CALL – Present:

M
ayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A.

Martinez (District 4)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Present Present Present

INVOCATION
Invocation by Jim Stochl, Harvest Presbyterian Church.

PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS
A. S
ervice Awards for Cpt. Johnson, Lt. Griebel, & Sgt. Berber P
olice Chief, Chris Perry, presented Captain Johnson and Lieutenant Griebel with service award plaques.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 10, 2024

Page 2 ends

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)

Li
nda Chambers spoke regarding the Tuolumne River Regional Partnership, El Rematito’s Planning Commission appeal, noise level at El Rematito, and next steps for Tuolumne River Regional Partnership and El Rematito’s Conditional Use Permit.

Amy Claus spoke regarding yard sales within the city.

Josiah Young spoke regarding the City’s towing ordinance.

Dave Pratt spoke regarding landscape rocks, gravel, and park hours at the dog park.

Gene Yeakley spoke regarding funding to traffic control.

Brandy Meyer spoke regarding the Tuolumne River Regional Partnership Citizen Advisory Committee.

APPOINTMENTS TO BOARDS/COMMISSIONS

N
one

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR

1. C
lerks Report of Posting. The agenda of the June 10, 2024 City Council Meeting was Posted on Wednesday, June 5, 2024. (City Clerk)

3. Approval of Minutes for the May 28, 2024 Special City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated May 15, 2024. (Esenwein)

5. General Correspondence – Information Only
a. P FAS General Order DW 2024- 0002-DDW (Royal)
b. Public Works Monthly Report for April 2024 (Royal)

6. Resolution No. 2024 -63, Approving Payment to Don Pedro Pump Company for Emergency Repairs Performed at Well 41. (Royal)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 10, 2024

Page 3 ends

7. Resolution No. 2024 -64, Approving Contract Amendment No. 2 with EMTS, Inc. for Landscaping Maintenance Services at Smyrna Park, River Bluff Regional Park, and City Right-of-Ways, and Authorizing the City Manager to Execute the Contract Amendment. (Royal)

8. Resolution No. 2024-65, Approving the Close Out of Morrow Village Phase I and II Sidewalk Project Accounts and Authorizing the Transfer of Remaining Funds to a New Project Account Named Morrow Village Sidewalk Improvements. (Beltran)

9. Resolution No. 2024-66, Approving the Construction Contract for the Fire Training Facility Phase 3 Tactical Tower to American Fire Training Systems, Inc., Approving a 10% Contingency, and Authorizing the City Manager to Execute the Contract . (Beltran)

10. Resolution No. 2024-67, Approving the Construction Contract for the Hatch Road 18-Inch Water Transmission Line Project to ARB, Inc., Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Beltran)

11. R
esolution No. 2024 -68, Approving the Task Order Agreement for Consulting Services with BSK Associates for Geotechnical Services of the Hatch Road 18-Inch Water Transmission Line Project and Authorizing the City Manager to Execute the Agreement. (Beltran)

Action: Motion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving items 1-11. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

N
one

UNFINISHED BUSINESS

N
one

PUBLIC HEARING

12. Ordinance No. 2024-XXXX, Adding Chapter 9, Construction and Demolition Waste of Title 6, Health and Sanitation, of the Ceres Municipal Code to Establish Administrative Procedures for Documenting Compliance with Senate Bill 1374 and the California Green Building Code Standards (CalGreen) for the Diversion of 65 ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 10, 2024

Page 4 ends

Percent of Construction and Demolition Debris from Landfills. (Royal)

P
ublic Works Director, Sam Royal, introduced the item.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included noticing and public involvement related to public hearings.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving it em 12. Motion carried 4/1/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes Yes

NEW BUSINESS

N
one

DISCUSSION ITEMS

N
one

COUNCILMEMBER REFERRALS

13. R
eallocation of American Rescue Plan Act Funds from Costa Fields Upgrades to Public Safety Retention
(Requested by Mayor Lopez)

14. Follow-Up on the Community Yard Sale
(Requested by Councilmember Vierra)

15. Translation of the Business License Application into Spanish (Requested by Councilmember Vierra)

*City Manager, Doug Dunford, explained this is already being addressed at the staff level. City Attorney, Nubia Goldstein, stated items 14 and 15 would come back to council as an informational item.

16. Follow-Up on the Bertolotti Disposal Contract Related to the Leaf & Limb Program (Requested by Councilmember Martinez)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 10, 2024

Page 5 ends

REPORTS

•
Mayor

Nothing to report.

• City Council

Councilmember Martinez spoke regarding Concerts in the Park and wished staff a happy Father’s Day.

Councilmember Vierra spoke regarding Tuscany Village, economy and businesses, capital improvement projects, and the hot air balloon event.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Recreation Manager, Joey Chavez, spoke regarding the hot air balloon event Saturday, June 15, 2024.

Redevelopment & Economic Development Manager, Julian Aguirre, spoke regarding the mural at 4
th St. & Lawrence St., a job fair on July 11, 2024, pending businesses coming to Ceres, and Tuscany Village.

• County Supervisor

Nothing to report.

CLOSED SESSION

17. C
onference with Labor Negotiators , Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 10, 2024

Page 6 ends

18. L iability Claims , Cal. Gov. Code §54956.95
Claimant: Vincent Hooper
Agency Claimed Against: City of Ceres

REPORT FROM CLOSED SESSION

M
ayor Lopez reported the following:
• D irection was given to staff for item 17.
• T he liability claim was denied with a 5/0/0/0 vote.

ADJOURNMENT

The next scheduled City Council Meeting will be held on June 24 , 2024, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

T
here being no further business, Mayor Lopez adjourned the meeting at 7:42 p.m.

______________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

Cons
istent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.

ITEM 3

DRAFT M
INUTES

CITY COUNCIL SPECIAL MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Tuesday, June 18, 2024 at 9:00 a.m.

Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
May
or Lopez called the June 18, 2024 meeting to order at 9:00 a.m.

ROLL CALL – Present:

May
or: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A.

PLEDGE OF ALLEGIANCE
Pl
edge of Allegiance was led by Mayor Lopez.

CITIZEN COMMUNICATIONS to the Council on matters included on the agenda (five minutes)
Cer
ina Otero spoke regarding meeting time and noticing of the meeting.

John
Warren spoke regarding American Rescue Plan Act (ARPA) funds, inflation, and balancing the budget.

PUBLIC HEARING

1. Re
solution No. 202 4-69, Adopting the Annual Budget for the City of Ceres for Fiscal Year 2024/2025 Beginning July 1, 2024 and Ending June 30, 2025, and Approving Positions for Fiscal Year 2024/2025. (Esenwein) Re
solution No. 2024 -70, Adopting the Appropriations Limitations for Fiscal Year ITEM 4
ITEM 4

DRAFT MINUTES
Special City Council Meeting
June 18, 2024

Page 2 ends

2024-2025. (Esenwein)

Resolution No. 2024-71, Authorizing the Use of American Rescue Plan Act Funds to Balance the City General Fund Budget. (Esenwein)

City Manager, Doug Dunford, introduced the item.

Mayor Lopez asked for public comment. The following members of the public spoke:

John Warren spoke regarding a balanced budget and frozen positions.

Mayor Lopez closed public comment.

Council and staff discussion included user impact fees, regulatory fees, vendor lists, frozen positions, ARPA funds, overtime, and public safety.

Action: Motion by Councilmember Vierra , seconded by
Councilmember Martinez, approving item 1 . Motion carried 4/1/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes Yes

CLOSED SESSION

2. Conference with Labor Negotiators,
Cal Gov’t Code §54957.6(a)
Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

Mayor Lopez stated the Closed Session item had been cancelled.

REPORT FROM CLOSED SESSION

N/A

ITEM 4
ITEM 4

DRAFT MINUTES
Special City Council Meeting
June 18, 2024

Page 3 ends

ADJOURNMENT

The next regular City Council Meeting will be held on June 24, 202 4 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Ther
e being no further business, Mayor Lopez adjourned the meeting at 9:26 a.m.

_____________________________
Javier Lopez, Mayor

____________________________
Fallon Martin, City Clerk

Consistent with Council Policy, the minutes referenced above are in A ction Format. The
complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.

ITEM 4
ITEM 4
ITEM 4
{w9

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalanda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
eTrA l"il51919
MEETINGDATE: June24,2O24
TO
FROM
SUBJECT:

Mayor and City Council
Doug Dunford, City Manager
Shannon Esenwein, Finance Director
[email protected], (209) 538-5765
Register of Audited Demand(s) Dated May 31,2024 through June 1'.t,2024
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated May 31, 2024, June 4, 2024, and June 1 1 , 2024 covering bbligations to be paid by general warrants #1 30058 through #130188 in the amount of $5,989,072.24.
ln accordance with Section 37202 of the Government Code of the State of California this is presented herewith a summary of demands against the City of Ceres covering obligations to be paid for the period ending June 11,2024.

Each demand has been audited and I hereby certify to their accuracy and conformance with the budget. Sufficient funds are available for payment of these demands.

I declare under penalty of perjury that the register of audited demands has been examined by me and to the best of my knowledge and belief is a true, correct and complete listing of claims audited and payable.

Approved by
Shannon Esenwein, Finance Director
Attachments

1. Warrant Register May 31, 2024 through June 11,2024
CONTACT:

I. BACKGROUND:

ITEM 5
ITEM 5
ITEM 5
Voucher List
City of Ceres
6/ 12/2024 8:32:39 AM
Check #
130058
Date
05131t24
VND # Vendor Name
1098 AL'S CERTIFIED SAFE & LOCK
lnvoice f
268481
268208
268205
268210
lnvoice Description

RPRS SVCS ADDED DEAD BOLT TO FLEET SHOP

COSTA FIELDS ALARM SYSTEM SVCS

EYE BEAIVS EATTERIES LOW, ALARIU SYSTEIV SVCS

LOCK CYLINDERS
PO#
22400058 MAY 24 PEST CONTROL SERVICES RESO 22.134 FY23-24 5/7-616/24 FIRE ALARM SVCS - PHONE LINE
4t2o-5t19t241-1 LrNE FOR CONNECTTON FRO|U CORP
130059 05/31/24 1140 ANIMAL DAMAGE MANAGEMENT INC 8039C 130060 05/31/24 1184 AT&T
Total:

Total:

Amount
347 44
170.00
340.12
206.04
r,063.60
6,600 00
6,600.00
31 57

31.57 162.81
162.81
4,863.43
4,863.43

49.00 irg.00
2,100 00
2,100.00
8,739.50
8,739.50
292 61
61 00
353.61
130061 05/31/24 1185 AT&T
130062 05131t24 1186 AT&T
130063 05t31t24 1216 AYERA TECHNOLOGTES,TNC
130064 05/31/24 5813 BEST ELECTRTC tNC
APR 24 PHONE SVCS - SHORETEL
Total:

MAY 24 MONTHLY INTERNET PARKS SHOP
Total:

INSTALLATION OF EV CHARGER FOR PW AND CITY VEHICLE
Total:

DEC 23 CEQA STORM DRAIN MASTER PLAN FY18
233-841,5496 tVlAY24
000021740586
APR 2O2A
566345
6476
6553
22400091
10331130065 05/31/24 1343 ELACK WATER CONSULTTNG

ENGINEERS, INC
130066 05/31/24 1462 CALIFORNIA LANDSCAPE SUPPLY,
tNc
3/4 YD 10 SACK CONCRETE FOR IVITR RPLCMNT
FILL DIRT RPR SVC LINE LEAK 6 ST
87276
88603
6/12/2024 8132:39 AM
ITEM 5
ITEM 5
Voucher List
City of Ceres
6/12/2024 A:32:39 AM
Check #
130067
Date
05t31t24
VND # Vendor Name
5646 CENTRAL SANITARY SUPPLY, LLC
lnvoice #
8800752
94569
94570
PO# lnvoice Description
CARPET CLEANER FS 2
5A.31/24 CABLE SVCS EOR FLEET
5/1-31/24 COlill\4 REAL ESTATE DATABASE
Totall
Total:

Total:

Total
Total
Total
Totall
Total:

Total:

Amount
231 't6
231.16
116 52
116.52
420.00
420.00
135 00
135 00
270.00
117 05
117.05
23,275.00
23,275.O0
208 16
208.16
1,008 46
1,008.46
225.48
225.44
130068 05/31/24 1606 CHARTER COMMUNTCATTONS 170060201050124 130069 05/31/24 5578 COSTAR REALTY TNFORI\,AION, INC 120766645 13OO7O 05131124 5437 ELEVATOR TECHNOLOGY INC ELEVATOR PREVENTATIVE I'AINTENANCE FOR PD

ELEVATOR PREVENTATIVE MAINTENANCE FOR CCC
130071 05t31t24 5566 ELITE SUPPLY SOURCE, rNC 130452
130072 05131124 5587 ElVlTS. INC 11200940
13OO73 05131124 1991 FERGUSON US HOLDINGS. INC 5035634
13OO74 05131124 1992 FERGUSON ENTERPRISES, INC wP0s4301 130075 05t31t24 1993 FERGUSON WATERWORKS #1423 0000188

HAND CLEANER FOR FLEET
22400016 IV]AY 24 CITY ROW & PARKS LANDSCAPE SVCS RESO23 80

FOUNTAIN WATER FILIERS

EYE WASH STATION- RIVERBLUFF
CLI\iIP FOR REPAIR TO SVC LINE
6/12/2024 8:32:39 AM
ITEM 5
ITEM 5
Voucher List
City of Ceres
6/12/2024 8:32139 AM
Chock #
130076
Date
05t31t24
VNO # Vendor Name
2134 GEOANALYTICAL LAEORATORIES
lnvoice #
K4D2908
K4D2907
K4D2209
K4E 1316
K4E0715
K4E0602
K40717
K4E1309
K4E1308
K4E0A22
K4D1505
K4D0923
K4D0802
W39 &40 NITRATE
W28& 38 NITRATE
DISI13
W41 COLIFORIVI RESAMPLE
W22 AND COLIFORI\i]
DIST 13
W16 TCP
W39 &40 NITRATE
W16 NITRATE
W41 COLIFORM
WOP DiST

COLIFORM RESAMPLE
DIST 13
PO# lnvoice Description
APR 24 WATER SA|ltPLE ANALYSIS
APR 24 WATER SAMPLE ANALYSIS
APR 24 WATER SAMPLE ANALYSIS
I\4AY 24 WATER SAiilPLE ANALYSIS
I\i]AY 24 WATER SAMPLE ANALYSIS
MAY 24 WATER SAMPLE ANALYSIS
MAY 24 WATER SAIilPLE ANALYSIS
MAY 24 WATER SAMPLE ANALYSIS
MAY 24 WATER SAMPLE ANALYSIS
MAY 24 WAIER SAMPLE ANALYSIS
APR 24 WATER SAMPLE ANALYSIS
APR 24 WATER SAMPLE ANALYSIS
APR 24 WATER SAMPLE ANALYSIS
CIA.VAL REBUILD VALVE AT BLAKER RESERVOIR
22400041 APR 24 GEN CIP STAFF AUGMENTATION CONSULTING SVC I\4AY 24 WATER SAI,/PLE ANALYSIS HPC
130077 05t31t24 2244 GRTSWOLD TNDUSTRTES
130078 05t31124 5648 ANN HERNER
130079 05131124 2419 IEH.JL ANALYTICAL SERV INC
130080 05131t24 2429 |NFOSEND, tNC
892312
2024-11
63787?
Total:

Total:

Total
Total:

Total:

Amount
42 80
42 80
546 00
76 65
762 35
546 00
884 40
42 AO
36 50
34 00
1 258 95
126.00
546.00
4,945.25
1,716.44
1,7't6.48
4,657 50
4,657.50

60.00 60.00
6,704 60
475.00
7,179.60
26'1't53
261908
APR24 UB STATEIVIENT PROCESSING & POSTAGE
APR24 UB QUICK PAY MAINT FEE & SUPPORT
6/12/2024 8:32:39 AM
ITEM 5
ITEM 5
Voucher List
City of Ceres
Check #
130081
Oate
o5t31t24
VND # Vendor Name
5685 JEREMY DAMAS
lrrvoice #
05 2024 2
PO#
22300103
lnvoice Deacription
5/13-5/25 PW PROJ MANAGEMENT ANO CONSULTATION
130082 05t31A4 5783 MACHADO & SONS CONSTRUCTTON.
tNc
6/12/2024 8:32:39 AM
19995 RET #3 5% RET RELEASE FIRE TRAINING PH 2 TOWER
Amount
3,000.00
3,000.00

7.730 61
Total:

Total:
130083 05/31/24 5557 MARTIN MARIETTA MATERIALS, INC
130084 05131t24 2830 |\4CCOY TRUCK T|RE SVC CTR. rNC
1,57 TONS OF ASPHALT FOR CITYWIOE PATCHING
1,48 TONS OF ASPHALT FOR CITYWIDE PATCHING
42330156
42350710
10156368
10156355
7,730.61
129.34
120.95
250.29
576 68
1,361 43
1,93E.11
3,000 00
3,000.00
2,250 00
2,250.00
333.00
333.00
333 00
333.00
333 00
333.00
333.00
333.00
,130086 O5/31/24 5440 IV]ETROPOLITANTRANSPORTATION
COIVI|\illSSlON
130085 05/31/24 5702 IV1ELANEE JEAN SCAREOROUGH HOT AIR BALLOON 2024 Total
(2) DRIVE TIRES VACCON SEWER TRUCK
(4) REAR TTRES & MOUNT SWR TRUCK #25,266
Total:

HOT AIR BALLOON PILOT COORDINATOR 6/15/24
Total:

STREET SAVER ANNUAL SUBSCRIPTION PAVEMENT IVANAGE
Total:

T.HUDSON: PER DlEl\il 3RD WK MNGI\rNT CRSE 6t24-27t24
Total:

T.HUDSON: PER DIEM 2ND WK MNGI\rNT CRSE 6/3-6/24
Total:

JOHNSON PER DlEnil 2ND WK I\TANAGMENT SCH 6/3'6/24
Total
T JOHNSON PER DIE[./1 3RD WK MNGI\i]NT CRSE 6/24.27124
Total
4926-4R13125
T HUDSON 6/24-27124
T t'luDsoN 6/3-6/24
T JOHNSON 6/3-6/24
T JOHNSON 6/24,27124
130088 05/31/24 1001 TRAVIS HUDSON
130089 05/31/24 1001 TRENTON JOHNSON
130090 05/31/24 1001 TRENTON JOHNSON
6/12/2024 8t32:39 AM
1300a7 05t31t24 1001 TRAVTS HUDSON
ITEM 5
ITEM 5
Voucher List
City of Ceres
6/12/2024 8:32:39 AM
Check #
'130091
VND # Vendor Namo
5362 iIISSION LINEN SUPPLY
2203
130093 05/31/24 2990 |VIOTOR PARTS DTSTRTBUTORS tNC STMNT 4/26/24 130094 05t31t24 5271 ROTOCO. LLC 970628138
130095 05/31/24 3070 NV5, tNC 388697
130096 05/31/24 3088 o',DELL ENGTNEERTNG 415701S
130097 05t31t24 3102 o',REtLLY AUTO PARTS 4452.392827
130098 05/31/24 5583 oDP BUSTNESS SOLUTTONS. LLC 363370531001 130099 05t31124 5812 PABLO OCEGUEDA 4t17t24
PO# lnvoice Description
5/20/24 MATS FOR PW ADMIN BUILDING
5/20124 UNIFOR|\il SVCS PARKS
5/20/24 UNIFORM SVCS STREEIS
520124 UNIFORM SVCS FOR FLEET
I\iIATS CLEANING SVCS FOR PW ADMIN BUILDING
5/13/24 UNIFORM SVCS STREETS
22400082 APR 24 RIGHT OF WAY ACOUISITION SR99 SVC/MITCHELL

OIL FILTERS BRAKE PADS,BULBS IGNITION COIL ROTORS
SERVICE FIRE STATION 19
APR 24 SR99/MITCHELL RD/SVC RD INTERCHANGE
22300066 4/8-4/28124 S|VIYRNA PARK MPROVEMENTS FY22l23

MOTOR OIL BATTERIES

OFFICE SUPPLIES
REPAIR TO BLINDS AT F/S#l
lnvoice #
521631543
521631523
521631546
521631545
521586441
521546444
Total
Total
Total:

Total:

Amount

10.00 102 96
52 51
31 95
10 00

52.5'l
259.93

5.320.82
5,320.82
1960.86
1,960.86
295 00
295.00
1 ,946 25
1,946.25
517 97
5t7.97
275.67
275.67
165.35
1,555.20
1,555.20
6/12/2024 8:32t39 AM
Date
05131t24
130092 05131124 5768 l\ilONUl\ilENT ROW
ITEM 5
ITEM 5
Voucher List
City of Ceres
6/12/2024 8:32:39 AM
Check #
130100
Oate
o5t31t24
VND # Vendor Name
3324 RANDIK PAPER CO
lnvoice #
227719
228167
lnvoice Description

CUSTOOIAL SUPPLIES

TOWEL DISPENSER
s'138860664 003
s139426084 001
PO#
Total:

Total:

Total
Total:

Total:

Amount
989 28

80.30 1,069.58
1,522.54

22.84 1,95.42
s32.95
532.95

1.O6r'.74
1,064.74
9,430.00
9,430.00

25.719.50
25,719.50

41.82317
130101 05t31t24 3364 REXEL USA INC
130102 05t31t24 3495 SAFE T LtrE OF |\4oDESTO rNC
130104 05t31t24 2483 SNS AUTOMATTON
APP NO 3
130107 05131124 5590 INTELLIGENT MARKING USA INC 68724
130108 05131124 3960 VALLEY ENTRY SYSTEI/S. INC 45024
130109 05/31/24 4079 WEBSOFT DEVELOPERS, INC tNV 000582 WALL IVIOUNT FOR OCHOA PARK IMPROVE|\ilENTS
t\rAY24 OCHOA PARK TMPROV (SVC CHRG)

SIGNS FOR WELL SAFETY
4/8/24 REC STAFF UNIFORMS ORDER
MAY24 SCADA SYSTEM INTEGRATION RESO22.O5
22400046 APR 24 2023 SEWER IVIASTER PLAN RESO23-124 FY23I24 22400079 APR 24 OCHOA PARK Ii/IPROV PH II CONST SVCS FY23l24

REPAIR ON PUIVIP,SEALS, FILTERS,NOZZELS, GASKETS
REPA]R TO GATE AT WELL SITE 28
2t25124-2t24 t25 MOATLE lill\4S ANNUAL SUBSCRIPTION
396988
1006525
5 2024-1
2234193130105 05/31/24 5682 STANTEC CONSULTING SERVICES tNc.
130106 O5/31/24 5782 STOCKBRIDGE GENERAL

CONIRACTING INC
39,732.58
533.91
s33.9'l
190.00
190.00
51,975 00
5t,975.00
6/12/2024 8:3239 AM
130103 05/31/24 3608 SHANE PARSON
ITEM 5
ITEM 5
Voucher List
City of Ceres
6/12/2024 8:32t39 AU
Check #
130110
Date
o5t31t24
VND # Vendor Name
4112 WILLEY PRINTING CO, INC
lnvoice #
150422
PO# lnvoice Description

DELINQUENT NOTICE ENVELOPES
Total:

Totali
Total
Total:

Total
130111 05t31t24 5681 WOOD RODGERS, tNC
130112 06104124 1098 AL'S CERTIFIED SAFE & LOCK
130113 06t04t24 1284 BAyALARM COMPANY
COPPER TRAILS MASTER PLAN PROF. SVCS, 4/24
Total:

ANNUAL TELEPHONE LINE CHARGE 5/1/24.4/30/25

SERVICE CALL REALIGNED BEAM/PARKS SHOP
Total:

JUN24. AUG24 OTRLY WWTP COMPOUND ALARM MONITORING
Total:

MAY 24 STORM ORAIN MASTER PLAN FY18
181054
268248
268491
130114 c6,i0d.T24 1343 BLACK WATER CONSULTING

ENGINEERS, INC
21405593
6846
P000021,001 APR 24
10331
224OOOOA APR 24 TURLOCK SEWER USE CHARGES FY23/24
PRE.EI\iIPLOYMENT PSYCHOLOGICAL
130115 06/M/24 1646 CtTY OF TURLOCK
130116 06104124 2134 GEOANALYTICALLABORATORIES
221.50
7A.675 52
7A,675.52
1 258 95
5,520 90
8,007 95
1 358 55
546 00
16,692.35
400 00
400.00
K4C1A21
K4C1133
K4C051 1
K4C1318
K4C1808
MAR 24 WATER
MAR 24 WATER
MAR 24 WATER
MAR 24 WATER
MAR 24 WATER
SAI\iIPLE ANALYSIS WQP

SAIVIPLE ANALYSIS WQP

SAIVIPLE ANALYSIS WQP
SAI\iIPLE ANALYSIS W39 & 40 NITRATE TCP
SAIV]PLE ANALYSIS DIST ,13
130117 06t04124 5399 LAW ENFORCETVIENT PSYCHOLOGICAL 3220

SERVICES, INC,
6/1 2/2024 8:32:39 AM
Amount
424 83
424.83
30,683.75
30,683.75
2 400 00
141 00
2,541.00
1,617.00
1,6t7.00
221 50
ITEM 5
ITEM 5
Voucher List
City of Ceres
6/1 2/2024 8:32139 AM
Check #
130118
Oate
06104t24
VND # Vendor Name
5364 IV]ATTHEW W LAMPO
lnvoice f
3-2229
24011
cctrPT 22401 -1
PO#
22400092
lnvoice Descriptign
PRE-EIV]PLOYMENT POLYGRAPH . ACADEI\iIY RECRUITS

PRE-EIUPLOYMENT POLYGRAPH
Totall
Total:

Total:

Amount
900.00
450.00
1,350.00

70.82 70.42
't 4't.64

63.36 52.00
115.36
22611
357.60
583.71
114000
't,140.00
30 45

94.11 12lr.55
85,724.O0

0.00 150.00
,50.00
856.17

10.80 866.97
130119 06t04t24 5362 l\illSSlON LINEN SUPPLY
130120 06tO4124 2950 MODESTO WTNDUSTRTAL CO
130121 06t04t24 3102 o'.REILLY AUTO PARTS
130122 06tl4t24 5466 POWERGEN, INC
130123 06104t24 3265 PRTCE FORD OF TURLOCK. INC
130124 06t04t24 4198 ROLFE CONSTRUCTION rNC
130125 06to4t24 3635 S|LVEIRA. JOHN L JR
130126 06t04t24 3759 STANISLAUS FARI\il SUPPLY INC
5/13/24 UNIFORM SERVICES WASTEWATER
5/20/24 UNIFORM SVCS WASTEWATER

WASHDOWN BAR FITTINGS, HOSE ADAPTER

WASHDOWN BAR FITTING

BATTERY FOR POLICE FORD FUSION

OIL FOR STOCK AND BATTERY
521546427
521631s31
203815 01
204442 01
4452-393812
4452-395240
24-1452 WELL #35 GENERATOR HEATER BLOCK REPAIR
Total:

CALIPER BOLT FOR SUSPENSION FACILITIES VAN
REAR DOOR HANDLE FOR PD F15O
Total:

RIVER RANCH SEWER LIFT STATION POWER UPGRADE PROJ
Total:
6/4/24 SOUND SYSTEM TECH CONCERTS IN THE PARK
Total:

HERBICIDE SPRAY FOR PARKS

REPLACEMENT PARTS FOR SMALL VAC-TRUCK
Total:
34055
34012
101212359
101212098
6/12/2024 8:32:39 AM
ITEM 5
ITEM 5
Voucher List
City of Ceres
6/12/2024 8.32:39 AM
52868
130128 06104124 3820 TARGET SPECIALTY PRODUCTS INC INVP501481913 130129 06t04t24 3839 TESCO CONTROLS. LLC 0082876,rN
130130 06t04t24 5676 TL ENGTNEERTNG 14598
130131 06/04124 1002 LOPEZ, |RMA 35304
130132 06104t24 1321 BERTOLOTTTCERES D|SPOSAL, tNC ApR 2024 130133 06t04t24 5822 DAVTD R ANGELES 6t4t24
130134 06111124 1014 A STARS & STRIPES FLAG CORP 22167
130135 06/11t24 1039 ADTECH tNC
PO# lnvoice Description
IUAY 24 DENTAL CLAIMS
IV]AY 24 DENTAL CLAIIIIS

WWTP WEED ABATEMENT
6 BATTERIES FOR TRAFFIC SIGNAL BBS SYSTEM
22400045 APR 24 HAICH RD CLASS IEIKE PATH PHASE V PROJ
uB 174280110 2512 LAVON
GARB BILLING LESS FRANCHISE FEE APR 2024
6/4/24 CONCERTS IN THE PARK BAND

FLAGS CITY WIDE
check *
130127
Date
06to4t24
VNO * Vendor Name
3760 STANISLAUS FOUNDATION DENTAL

CARE TRUST ACCOUNT
lnvoice i
52851
38159'1
381738
Total:

Total
Total:

Totall
Total
Total
Totall
Total:

Total:

Amount
3 578 93

2.540 20
6,'t 19.13
1 .262.15
1,262.15
1,267.99
1,267.99
645.00
645.00
1 .357 07
1,357.07
555,905.66
555,905.66
500.00
500.00
1,906 75
1,906.75
221.95
100 00
32'r.95
815 61
241 52
'1,057.r3
'130136 06t11t24 1098 AL'S CERTTF|ED SAFE & LOCK 268545 268538
IV]AY 24 SCADA MANAGED BACKUPS
JUNE 24 SCADA SERVER IUONTHLY MONITORING

ALARM REPAIR TO KEY PAD FOR COSTA FIELDS

DEADLOCK ON SECURITY GATE PD REPAIR
6/12/2024 8:32:39 AM
ITEM 5
ITEM 5
Voucher List
City of Ceres
PO#
6/12/2024 8:32:19 AM
Check #
130137
Oate
06t11t24
VND # Vendor Name
1082 ALHAMBRA
lnvoice #
12203096 053124
6838
AH1227a
89924
5750?2
571467
89947
89878
89845
89872
89893
Total
Total:

Total:

Amount
7994

79.94 5,465 00
5,465.00
294 59
294.59
49 00
59 00
108.00
1 .323 38
1,323.38
610 00
610.00
200 49
lnvoice Description
MAY 24 LAB DI WATER
130138 06111124 5792 ALPINE PROTECTIVE SOLUTIONS LLC O6.CITYOFCERES 130139 06/11/24 1185 AT&T 0000217 107 57
130140 06111t24 1216 AYERA TECHNOLOGTES,TNC
IVIAY 24 SECURITY PATROL FOR CITY PARKS
4/13-5/12124 CLETS LrNE
JUNE 24 SI\4YRNA PARK INTERNET
JUNE 24 I\iIONTHLY INTERNET SVCS FOR FLEET
130141 06111124 1343 BLACK WATER CONSULTING

ENGINEERS INC
130142 06t11t24 5643 BSK ASSOCTATES
130144 06t11t24 1465 CALTFORNIA PROPANE
10331 MAY 24 STORM DRAIN MASTER PLAN FY,I8

WATER SAIVIPLE
3/4 YD OF CONCRETE FOR STREET LIGHT POLE
1 YD OF CONCRETE FOR ST. LIGHT POLE FOUNDATION
1 YO OF CONCRETE FOR STREET LIGHT POLE FOUNDATION
1 YO OF CONCRETE FOR STREET LIGHT POLE FOUNDATION
1 YD OF CONCRETE FOR STREET LIGHT POLE FOUNDATION
1 YD OF CONCRETE FOR STREET LIGHT POLE FOUNDATION
Total:

FILL OIRT FOR SERVICE LINE REPAIR AT 6TH ST.

Total:
130143 06111124 1462 CALIFORNIA LANDSCAPE SUPPLY,
tNc
88603
200.49
200.49
200.49
157 14
314.29
1,273.3S

61.00 61.00
6/12/2024 A:3239 AM
ITEM 5
ITEM 5
Voucher List
City of Ceres
6/12/2024 8:32:39 AM
Oale
06t11t24
VNO * Vendor Name
,I560 CEP AMERICA CALIFORNIA
lnvoice #
E6600102925401
5082260
5097730
Amount
150.00
150.00
360.00
360.00
274 64
271.64
't37,889.23
't37,889.23

46.98 46.98
136,375 65
136,375.65

83.62 83.62
4,600,365.00
4,600,365.00
1,300 00
1,300.00
5,515.25
5,515.25

42.36 78.36
120.72
PO# lnvoice Description
SEXUAL ASSAULT EXAIV]
WATER HEATER REPLACElJtENT PARTS
PIPE REAI\,! FOR REIVIOVEL OF PIPE
130146 06t11t24 1606 CHARTER COMMUNTCATTONS
130147 06111t24 1606 CHARTER COMMUNTCATTONS
130149 06t11t24 1644 C|TY OF MODESTO
130150 06t11t24 1644 C|TY OF |\TODES'rO
130152 06111t24 1646 Ctry OF TURLOCK
130153 06/11/24 5686 COUNTYOF PLACER
130154 06t11t24 1793 DAVTD LANGLEY INC
130155 06111124 1931 FERGUSON US HOLDINGS. INC
170062001050124 5/1.30/24 SCADA FIBER OPTIC SVC CONNECTION 170061001050124 5/1-30/24 INTERNET FOR SCAOA
253025-234516FE8-l\ilAR 22400013 2/29-313'l/24NORTHCERESSEWERSERVICESFY23t24 315721-134494 MAY 24 4t22-5t2$t24 WAIER SVCS ROW @ RICHLAND AVE 253025-234516 APR24 22400013 3/31-4/30/24 NORTH CERES SEWER SERVICES FY23t24 315721,133356 l\ AY24 4122-5t24t24 WrR SVCS F/S#2 (19)
2023-030 JAN.MAR 24 SRWA SHARE OF COST
022400027 5 SEXUAL ASSAULT EXAIVI
14838-290 JUNE 24 JANITORIAL SVCS COI\ill\,t CNTR
Total:

Total:

Total
Total:

Total:

Total:
6/12/2024 8:32:39 AM
Check,
130145
130148 06t11t24 1644 C|TY OF MODESTO
130151 06t11t24 1644 C|TY OF MODESTO
Total:

ITEM 5
ITEM 5
lt vL
Voucher List
City of Ceres
6/12/2024 A3239 AM
Check #
130156
Oate
06t11t24
VND # Verdor Nams
2134 GEOANALYTICAL LABORATORIES
lnvoice #
K4E2819
K4E2806
K4E2805
K4E'1509
K4E2007
K4E2008
K4E2009
K4E0213
K4E0718
K4E1310
lnvoice Oescription
MAY 24 WATER SAMPLE ANALYSIS W41 BACTERIOLOGICAL
MAY 24 WATER SAMPLE ANALYSIS DIST 13
l\ilAY 24 WATER SAI\,PLE ANALYSIS W39 &40 NITRATE
MAY 24 WATER SAMPLE ANALYSIS WOP
MAY 24 WATER SAMPLE ANALYSIS W39 8 40 NITRATE
MAY 24 WATER SAIUPLE ANALYSIS W16 NITRATE
MAY 24 WATER SAI\i!PLE ANALYSIS DIST 13
MAY 24 MONTHLY LAB ANALYSIS WWTP
MAY 24 WATER SAMPLE ANALYSIS W39 & 40
I\4AY 24 WATER SAIUPLE ANALYSIS DIST 13
rNV-047451
9103202934
t\r,509146
PO#
Total:

Total:

Amount

34.00 546.00

42.00 1.144 50

42.AO

37.80 546.00
115 00
1,531 80
546.00
4,585.90
512.85
s12.85
136.81
r36.81

49.25 49.25
8,595 27
I 244.09
17,839.36
450 00
787.50
1,237.50
130157 06t11D4 5459 GOTO PRTNTER LLC
130158 06t11t24 2225 GRATNGER
130159 06/11/24 2232 GREEN RUBBER.KENNEDY AG
130160 06/11/24 5816 HUNT & SONS LLC
130161 06/11/24 2427 TNDUSTRTAL ELECTRTCAL CO

HOT AIR BALLOON SIGNS AND BANNERS

RUBBER GLOVES FOR CHEIUICAL HANDLING
PARTS FOR METER REPLACE['ENT
109624
109623
Pt-074124
Pt-074418
5/1-15/24 FUEL FOR PD ACCT #76081
5/1-1524 FUEL FOR PW ACCT *76078

MOTOR NEEOS REPAIR
AERATOR 1.3 EVERLUATION/ LABOR
6/12/2024 8:32:39 AM
Totall
ITEM 5
ITEM 5
Voucher List
City of Ceres
POf
6/12/2024 A:32:39 AM
Check #
130162
Date
06t11t24
VND # Vendor Name
2429 INFOSEND INC
lnvoice #
260183
lnvoice Description
IuAR24 UB OUICKPAY IV]AINT & SUPPORT FEE
Total
Total
Total:

Total:

Amount
475 00
475.00
10 94

10.94 286 00
286.00
370.96
370.96
130164 06t11D4 5272 JANA KIRCHERT 096
130165 06/11/24 2587 |\4IDWEST l\ilOTOR SUPPLYCO INC 101988458 130166 06/11/24 5362 M|SS|ON LTNEN SUPPLY

PALLET JACK
5120-30124 GET FITlzuMBA GOLD CLASSES

SCREWS AND ANCHORS STOCK
521667272
521715687
521667287
521715702
521667290
5521715700
521661288
521715703
521667289
521667286
521586442
521631544
5/27124 UNIFORM SERVICES WASTEWATER
6/3/24 UNIFORM SERVICES WASTEWATER
5/27124 UNIFORM SERVICES FACILITIES
6/3/24 UNIFORM SERVICES FLEET
5/27124 UNIFORIVl SERVICES WATER

MATS FOR ADMIN PW EUILDING
5/27124 UNIFORM SERVICE FLEET
6Rl24 UNIFORM SERVICES STREETS
5/27124 UNIFORM SERVICE STREETS

MATS FOR PW ADIUIN BUILDING
5/1 3/24 UNIFORM SERVICES FACILITIES
5/20/24 UNIFORM SERVICES FACILITIES
Total:
2A.48
3'1.95
233.39

10.00 31 95

48.03 48.03

10.00 28 48

24.44 649.39
6/12/2024 8:32:39 AM
130163 06111124 2463 J lil EQUIP|ENTCO. INC sc80026'154 ITEM 5
ITEM 5
Voucher List
City of Ceres
6/12/2024 8132:39 AM
Check #
130167
Date
06111t24
VND # Vendor Name
3060 NORMAC. rNC
lnvoice #
001516098't-002
0015160981-001
lnvoice Description

WWTP IRRIGATION REPLACEIVENT SPRINKLERS

WWTP SPRINKLERS REPLACEMENT
Total:

CL2. WELL #22 ROCKEFELLER
Total:

APR 24 PARKS AND REC IUASTER PLN RE5023.123 FY23I24
APR 24 CIVIL PLN RVW . GARZA PRCL MAP
APR 24 OCHOA PARK IMPROVEMENTS PH 2 DESIGN SERVICE
4/8-2824 WHITMORE PARK GAZEBO PLANS/SPECS UPGRADE
Total:

DIVIDER TABS FOR BUDGET BINDERS

TONER, LEGAL PADS, CASH REGISTER ROLLS
Total:

VANDALIS|\il REPAIRS TO PARK
130168 06/11/24 3062 NORTHSTAR CHEMTCAL
130169 06t11t24 3088 o',DELL ENGTNEERTNG
130170 06/11/24 5583 oDP BUSTNESS SOLUTIONS, LLC
130171 06t11124 3124 oUTDOOR CREATTONS, tNC
277960
PO#
22400054
Amount
1 ,351 44
675 73
2,027.17
996 72
996.72

4.O21 20
327 00
4,646 00
2,932 50
11,926.70
107 27
1,011 36
1,1,t8.63
910 36
910.36

1.655 75
2814107
2194220
2303512
2820208
22300091
22400038
362391863001
365771503001
130172 06t11t24 3277 PROVOST AND PRTTCHARD

ENGINEERING, INC
11159
109894
10534125
Total
Total:

Total:

Total:
't,655.75
626 41
626.4't
113 25
'!69 87
283.12
22400074 APR 24 WELL 22 WELLHEAD TREATMENT PROJECT
1 0/6/23.10/05/24 SCADA SYSTEM SOFTWARE RENEWAL130173 06t11t24 5130 PTC INC 130174 06t11124 3324 RANDTK PAPER CO 227011-01
227719-01

CUSTODIAL SUPPLIES

CUSTODIAL SUPPLIES
6/12/2024 8:32139 AM
ITEM 5
ITEM 5
Voucher List
City of Ceres
6/12/2024 8:32:39 AM
Check #
130175
Date
06t11t24
VNO f Vendor Name
3343 RAY'S RADIO SHOP INC
lnvoice #
63514
397749
398023
130176 06111124 3353 REFRIGERATION SUPPLIES DIST 42196699-00 5D53229
1301?8 06111124 5703 ROCK STAR LUXURY LIMOS LLC 60568
130179 06t11124 3495 SAFE T L|TE OF MODESTO tNC

CABLE CUTTER
6/15/24 SHUTTLE SVCS HOT AIR BALLOON FESTIVAL
lnvoice Description
I/IAY 24 IUAINT WIRELESS NETWORK
18' X 12' SIGN FOR SMYRNA PARK

SIGN FOR SMYRNA PARK
4/2/24 REC STAFF UNIFORI\,lS ORDER
2024 HOT AIR BALLOON FESTIVAL SHIRTS
ccfiP7 22401 -2
POf
1006526
1006574
Total:

Total:

Total
Total
Total:

Total:

Amount
1,100.00
1,r00.00
127.O1
127.O1

43.54 43.5,1
840 00
840.00
57 39
34 79

92.18 609.29
2,326.54
2,935.83
150.00
150.00
160.00
160.00
160 00
160 00
640.00
130180 06111t24 3608 SHANE PARSON
130181 06t11t24 3635 STLVE|RA. JOHN L JR
130142 06111124 3678 SJVAPCD ATTN FINANCE
6/11/24 SOUND SYSTEM TECH CONCERTS IN THE PARK
N16270'1
N162700
N162573
N162689
ANNUAL GENERATOR PERMIT FACILITY #N8878
ANNUAL GENERAIOR PERIVIIT FACILITY ID #N8876
ANNUAL GENERATOR PERlillT FACILITY lD #N4970
ANNUAL GENERATOR PERlillT FACILITY #N8731
6/12/2024 8:32139 AM
130177 06t11t24 3365 REXEL tNC

EVAP IUOTOR CCC
ITEM 5
ITEM 5
Voucher List
City of Ceres
6/12/2024 8:32:39 AM
Check,
130183
D.te
06t11124
VND * Vondor Namo
3760 STANISLAUS FOUNOATION DENTAL

CARE TRUST ACCOUNT
lnvoice #
52914
52934
52959
lnvoice Oescription
MAY 24 DENTAL CLAIMS
MAY 24 DENTAL ADMIN FEE
JUNE 24 DENTAL CLAIMS
5/18/24 FLOWER BOWL
4/20124 SPRING HAS SPRUNG DINNER PLATE
PO# Amount
3,160.20
13056
13055
130185 06/11/24 3848 THE SHERWTN-WrLLrAr\rS CO STORE 8037-5 #8149
130184 0611'1124 5233 THE POTTERY PLACE & MORE
130186 06/11/24 3894 TRANE U S. INC
13UA7 06t11t24 5778 VrP AUDIO VTSUAL COMPANY rNC
13018a Od11l24 4095 WEST YOST & ASSOCTATES
13'l Vouchers in this report
3-87684
3-87686
3877't 5
4/8/24 AV TECH SUPPORT COUNCIL MEETING
AV SYSTE[/l CHECK & DISCOVERY
AV REPAIRS COUNCIL CHAIV]BERS

PAINT FOR CITY HALL/ ANNEX
TRACER SUIUIVIIT PROGRAIV] REESTABLISH IP ADDRES
22400049 4/6-5/3/24 WATER TV1ASTER PLAN RESO23 -125 FY23t24 Total:

Total:

Total
Total:

Total:
656.00
5 088.79
8,90i1.99
70 00

42.00 1,12.00
333.10
314510152
2058385
Total:

Totalvouchers:
333.10
1,802.50
1,802.50
840.00
2,080.00
500.00
3,420.00
5,299.75
5,299.75
5,989,07 2.24
6/12/2024 A32:39 AM
ITEM 5
ITEM 5

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
M
EETING DATE: June 24, 2024
T
O: Mayor and City Council
F
ROM: Douglas D. Dunford, Ci ty Manager
CO
NTACT: Sam Royal, Public Works Director
s
[email protected], (209) 538-5717
S
UBJECT: Public Works Monthly Report for May 2024
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

O
utlined below are the significant actions performed by the Public Works Department for the month of May 2024.

FACILITY SERVICES:
• Completed 154 Facilities Maintenance work orders including: 83 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 71 preventive maintenance services.
• Event set-up and support for the Employee Recognition Lunch at Whitmore Park.

More than 150 employees attended the event which included a raffle. • Event set-up and support for the Ceres Street Fair two-day event. Which included electrical for the vendors, painting and pressure washing the Whitmore restrooms, booth (2) set -up for city departments, sound system set -up and trash pick up through out the weekend. Despite the heavy rain on Saturday the estimated attendance for Sunday was between 12,000 and 14,000.
• In preparation for Memorial Day on 5/27/24 at all city buildings, flags (21) were replaced and lowered for the weekend holiday.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

M
aintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, and five (5) Custodians.

ITEM 6a
FLEET SERVICES:

Completed 97 work orders.

Fleet, Department 20
• Repair on street sweeper def tank sensor emissions
• Repair on street sweeper electronic switching valve for pickup head

Fire, Department 15
• Service Westport Fire district fire pumper

Police, Department 10
• Serviced 9 police units.
• Completed 6 explorer warrant repairs by dealer
• Services on 3 traffic Harley motorcycles

Streets, Department 30
• Completed heater core and evap. replacement on F450 pickup • Disc repair, hub bearings

Water, Department 35
• N/A

Parks, Department 40
• Toro mower serviced

Wastewater, Department 25
• Large crane truck is out of service and in for PTO pump transmission repairs

Facilities, Department 41
• N/A

Emergency and non-emergency City vehicles and equipment is maintained and repaired by one (1) Supervisor, one (1) Sr. Maintenance Mechanic, and two (2) Maintenance Mechanics.

LANDSCAPE MAINTENANCE:

Completed a total of 264 service requests in the following categories:
• Bike Path Repairs: 1
• City Grounds Maintenance: 12
• Park Landscape and Maintenance: 216
• Parks Landscape chemical usage: 650 gallons Parks / Grounds • Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow pending delivery. • Playground and Equipment Inspections: 13
• Right of Way (ROW) Irrigation Repairs: 3 sprinklers
• Park Trees: 16 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 3 ITEM 6a
• Total Graffiti Vandalism & Repair cost is $1213.00 for the month of May.

Parks sprinklers repaired or replaced:
• Barry Grove – 0
• Costa Fields – 6 valves
• Don Pedro – 2 maintenance
• Independence – 8 vandalisms
• Dog Park – 3 maintenance
• Neel Park – 0
• Persephone – 1 maintenance
• Redwood – 0
• River Bluff – 8 maintenance
• Riverview – 1 maintenance
• Roeding Heights – 5 vandalism
• Sam Ryno – 2 valves 3 sprinklers maintenance
• Smyrna – 2 valves and 6 sprinklers maintenance
• Strawberry – 2 maintenance
• Whitmore – 2 Maintenance

Parks General Maintenance/Repairs:
• Graffiti removal at Sam Ryno (2), Strawberry (2), River Bluff (6), Roeding (4), Ochoa (1) Persephone (1), Smyrna (8), Don Pedro (2) Riverview (2) and Independence Park (4)
• Removed tree on Magnolia Street in front of City Hall. Tree was lifting the sidewalk.

Stump to be ground in future
Grid Prune by West Coast Arborists (WCA):

• Grid # 3 2020-2021 100% - Completed with 2,343 trees pruned. • Grid # 4 2021-2022 99% - Completed with 2,450 trees pruned. • Grid # 2 2022-2023 Started in July 2023 99% completed. • Grid # 1 2023-2024 Started in October 2023 97% completed. • Grid #5 2024-2025 Started February 2024 40% completed with 32 trees trimmed. • Pending: 247 high risk, 28 removals, and 96 inspect for trims • No updates for April (Exhausted grid prune funding for FY 23/24)

Grounds
Rights of Way (ROWs):
• Irrigation controller on Railroad ROW destroyed due vandalism • Faith Home Rd: pending water staff to schedule backflow install. • River Road: backflow replacement scheduled for next month. Currently water is shut off at River and Canyon Falls.
• All ROW irrigation controllers are turned on this season. • Roundabout on Eastgate damaged due to vehicle accident. Backflow, shrubs, and irrigation lines were affected. Backflow repaired. Leaks repaired Whitmore Mansion / Museum
• Mowed and sprayed.

ITEM 6a
Parks
Don Pedro:
• Contractor completed walkway on southside of park.

Sam Ryno:
• Parts for Spinning chair and Rocking cycle were delivered and in process of assembly to install.
• Replace 2 valves and fix 3 sprinklers under trees
Smyrna Park:
• Construction for park improvement ongoing.
• Replaced 4 broken valves.
• Repaired fence to Park yard due to vandalism.
• Painted skate park fence around skate area
• Installed Lions plaque in new construction area
Costa Fields
• Replaced 3 valve's infield area
Roeding Park:
• Repaired gate to well due to vandalism.

Neel Park:
• Completed Ferritization, aerating and overseeding of the Dog Park.

Independence Park:
• Repaired fence vandalized / removed glass left in park 3 times.

Riverview Park:
• Playground 2-5 climbing ladders damaged due to vandalism; parts were ordered for replacement.
• Park flooded due to TID pushing water
River Bluff Park:
• Playground area - replaced 6 sprinklers due to vandalism. • Removed damaged entrance fence due to vandalism.
• Adjusted all fields to different ware patterns.
• 4 trees down and large limbs were cleaned up.
• Gates to fields repaired due to Kids climbing over fences Guillermo Ochoa Park:
• Contractor ongoing with park improvements.
• Well, being is put on Scada through city, all mechanical components installed Lions Park:
• Cleaned sidewalk around the park.

City Parks Landscaping and Maintenance is performed by one (1) Supervisor, one (1) Sr.

Parks Maintenance Worker, Five (5) Park Maintenance Workers, and none ( 1) full-time Temporary Maintenance Worker.

SOLID WASTE & RECYCLING:

• Highlights of solid waste and recycling collection by Bertolotti for May 2024

 Residential…………………….… 1268.97 tons
 Commercial………………………. 1839.81 tons
 Illegal dump/litter abate (code enforcement) 5.33 tons  Illegal dump (Bertolotti) ………. 8.57 tons, 19 locations ITEM 6a
 Bulky items…………………….… 25.42 tons, 85 locations
 Leaf/limb (illegal)...…………….… 6.41 tons
 Street Sweep………………….… 124.99 tons
 Residential Organics…………… 625.82 tons
 Commercial Organics…………. 286.33 tons
 Residential Recycle………….… 204.75 tons
 Commercial Recycle …………… 4.98 tons
 C&D (Construction/Demolition Debris) 0 tons  Used oil…………………………… 164 gallons
 Used oil filter……………...……… 33

• There were 40 organic cart contamination violations issued in May.

Solid Waste Division work is performed by one (1) Administrative Analyst.

STREETS SERVICES:
• Staff responded to a total of 67 customer service requests. • Responded to 135 Underground Service Alerts (USA) markings. • Repaired 16 streetlights.
• Poured 3 street light pole foundations
• Made 4 storm drain repairs
• Made 39 storm drain lift station checks
• Disc 29 storm drain ponds
• Disc 6 City lots
• Sprayed all city alleys
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, (5) Streets Maintenance Operators, one (1) Street Sweeper Operator (2) part time Streets/Code Enforcement Maintenance workers. Please note the Streets Division has had one staff member on light duty since 8/11/21.

WASTEWATER (WWTP):
• Responded to 4 customer service requests and 28 sewer problems, during working hours and after hours.
• Staff responded to 2 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• There was (1) SSO in May which resulted in 31 gallons spilled and recovered. • Serviced or Repaired:
o Lift Stations – 11
o WWTP Equipment – 19
o Main line sewer plugs – 2
o Aerators – 14
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.
• Staff performed pond discing and ripping for weed abatement and pond rehabilitation.
• Staff inspected the forced main to Turlock.
• Staff cleaned 44,883 feet of sewer main line.
• Staff CCTV inspected 0 feet of sewer main line; the camera is in the shop for repairs.

ITEM 6a
• Staff continues the process of updating the Wastewater Discharge Report (WDR), Sewer Master Plan (SMP), and Sanitary Sewer Management Plan (SSMP). • SCADA Integrator, Jeff Burrows, and Wastewater Staff continued converting lift station and treatment plant controls to the new SCADA system. • Staff continued to work on SCADA integration of WWTP and lift stations. • Staff attended trainings on Heat Illness Prevention, Respiratory Protection, and New-Hire Orientation.
• Staff serviced all aerators and re-installed an aerator with a new motor. • The Wastewater Treatment Plant is still recovering from the illicit grease dumps.

The equipment has been thoroughly cleaned to remove grease. The aerated sewage lagoons are starting to return to recover.
• Staff performed manhole repairs on collection system. • Staff checked & marked 149 USA tickets, which took 22 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer use charge was $78,675.52 for the month of April. • Modesto sewer use charge for the month of $137,889.23 for the month of March, and $136,375.65 for the month of April.
• Effluent Biochemical Oxygen Demand (BOD) 43 mg/L.
• Treated and disposed of 74.79 MG of wastewater with an average of 2.41 MGD.

Ceres Wastewater Treatment Plant and Collections System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, three (3) Operator-in-Training. There are two (2) open Wastewater Operator positions.

Please note Wastewater has not been fully staffed since 2019. Nearly all veteran operators retired or moved to other cities locally. If qualified operators cannot be hired the vacant positions cannot be filled, leaving the department short-staffed for longer.

WATER SYSTEM MAINTENANCE:

Water, Department 35
• May 2024 well production was 44.325 million gallons.
• Average water use for May was 6.69 million gallons per day. • Water staff responded to 27 customer service requests. • Water staff responded to 65 Underground Service Alerts (USA) markings. • Meter statistics and repairs:
o Meters in water distribution system: 11,871
o Meters/radios serviced: 130

o Meters replaced: 53
o Meters upgraded from ¾”, 5/8” to 1”: 10
o New meter installations: 1
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 141 were exercised • Blow-offs and hydrants flushed: 49
• Water main leaks: 1
• Service line leaks: 2
• Service lines have been replaced: 1
• Hydrants replaced: 0
• Water quality samples taken: 59

ITEM 6a
Water Conservation, Department 36
• May 2024 calculated residential gallons used per person per day:
• Annual average is 70.87 gallons per person per day.
• Responded to 25 water conservation service requests.
• Water portal has 307 residents registered.
• Issued courtesy notifications: 297
• Performed 1 water audit.
• Delivered 22 water waste warnings , issued 1 water waste fine and 102 excess consumption fines.
• Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 0, Washing Machine: 0, and Turf Replacements: 0
Total Rebates YTD: 46
The graph below shows our (well) production numbers for 2020 in blue compared to 2024 (well and surface water production) in purple with the water reduction target of 15% in red. For May 2024, we had a decrease of 14.24% from the May 2020 production numbers.

Water system maintenance is performed by one (1) Superintendent, one (1) Supervisor, one (1) Administrative Analyst, two (2) Senior Water Operators, nine (9) Water Distribution Operators, two (2) Field Service Technicians, and one (1) Water Conservation Officer.

Approved by: __________________
Douglas D. Dunford,
City Manager
ITEM 6a

COUNCIL AGENDA REPORT

Resolution No. 2023-XXX, Approving a Three-Year Contract with the City of Newman for the Ceres Po lice Department to Provide Police Dispatch and Related Services and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the Police Department to enter into a three (3) year contract with the City of Newman to provide Police Dispatch and related services.

I. BACKGROUND:

The City of Newman has been contracting their
Police Dispatch and related service needs
to the City of Ceres since July 1, 2019. This is a renewal of the cu rrent contract for an additional three (3) years.

II. REASONS FOR RECOMMENDATION:

Continuing the contract with the City of Newman would result in meeting the needs of both Agencies in the following way:
 The City of Newman needs an Agency to handle their Police Dispatch and other service needs. Ceres PD can continue to fill that need.  The contract with Newman provides the needed revenue to fund the additional Dispatchers needed to meet their needs.

The contract was presented to and approv ed by the Newman City Council on May 28, 2024.

ITEM 7
III. FISCAL IMPACTS:

None. The City of Newman agrees to pay the City of Ceres the following monthly sums:
 2024-25 - $17,161.00 per month starting July 1, 2024 through June 30, 2025.  2025-26 - $18,019.00 per month starting July 1, 2025 through June 30, 2026.  2026-27 - $18,920.00 per month starting July 1, 2026 through June 30, 2027.

IV. EXISTING POLICY / RELATION SHIP TO THE STRATEGIC PLAN:

Government Operations: “Provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped, and sufficient staff….” V. POLICY ALTERNATIVES:

Council could choose to not renew the contract with the City of Newman. Dispatch staffing levels would need to be cut to pre-Newm an numbers and the City of Newman would be required to find another Agency to provide their Police Dispatch and other related service needs. The City of Ceres would forfeit the $649,200.00 in revenue it would’ve received over the course of the three (3) year contract.

VI.

INTE
RDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Police Administration will submit the signed contract to the City Clerk’s office to be entered into the workflow in order to obtain the remaining signatures for approval.

Approved by: ____________________
Douglas
D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – Contract
ITEM 7

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A THREE-YEAR CONTRACT WITH THE CITY OF

NEWMAN FOR THE CERES POLICE DEPARTMENT TO PROVIDE

POLICE DISPATCH AND RELATED SERVICES AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Newman currently has a contract with the City of Ceres to provide Police Dispatch and related services for their City; and

WHEREAS, the City of Newman has agreed to pay the City of Ceres $17,161.00 per month for the first year, $18,019.00 per month for the second year and $18,920.00 per month for the third year of the three (3) year contract; and

WHEREAS , the Ceres Police Department is in a position to pr ovide the needed services for the City of Newman.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a three-year contract with the City of Newman for the Ceres Police Department to provide police dispatch and related services and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7
1 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

AN AGREEMENT

FOR CITY OF CERES TO PROVIDE

POLICE DISPATCH AND RELATED SERVICES TO CITY OF NEWMAN

This Agreement for City of Ceres to Provide Police Dispatch and Related Services to City of Newman (hereinafter, the “Agreement”) is made and entered by and between the CITY OF CERES, a municipal corporation (“Ceres”) and the CITY OF NEWMAN, a municipal corporation (“Newman”). It is made with reference to the facts and circumstances set forth in the Recitals.

RECITALS

A. WHEREAS, Ceres owns and operates a 911 Police Emergency and Non-Emergency Dispatch System as part of the Ceres Police Department; and

B. WHEREAS, Newman currently utilizes City of Oakdale Police Dispatch services for both their Police and Fire Departments; and

C. WHEREAS, The Police Chiefs of both Ceres and Newman have mutually determined that through some minor upgrades to the current System an enhanced level of service could be provided to both Ceres and Newman Police Departments and their respective communities; and

D. WHEREAS, Ceres and Newman have determined it is in the best interest of both parties for Ceres to provide Police Dispatch and Related Services to Newman, and

E. WHEREAS, the purpose of this Agreement is to create a relationship that expands the level of service to each of the police departments, improves the safety of the officers and general public, and enhances the work environment for the dispatchers.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services .

Ceres shall provide police dispatch and related services to Newman for and during the Original Term and any Extended Term of this Agreement. Such services shall consist of and be provided as follows:

Ceres shall provide those services described on attached Exhibit “A” (herein “Dispatch Services”).

B. Ceres shall provide Dispatch services to Newman twenty-four (24) hours, seven (7) days a week, three hundred sixty five (365) days a year for the term of this agreement, and any extended term thereof.

2. Dispatch Procedure. I
t shall be the sole responsibility of Newman to perform such functions as necessary to cause incoming Newman Police Department 911 calls to be transferred

ATTACHMENT B
ITEM 7
2 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

to Ceres pursuant to this Agreement, including the installation of telephone and data lines deemed necessary by Ceres for the provision of dispatch services.

3. Term . T he term of this Agreement shall commence on July 1, 2019 and shall expire on June 30, 2024. However, if neither party informs the other party of its intent to allow for the automatic expiration of this Agreement prior to June 30, 2024, this Agreement shall be automatically extended for another twelve (12) month term. Thereafter, and subject to the termination provisions of Section 3A, if neither party informs the other party of its intent to terminate this Agreement prior to June 30 in any given year in which this Agreement remains in effect, this Agreement shall be automatically extended for another twelve (12) month term.

A. Termination.

1. This Agreement shall automatically terminate on the date either party ceases to be a member of the Central San Joaquin Valley Risk Management Authority. If either party receives notice, or obtains other knowledge, that the party will cease to be a member of the Central San Joaquin Valley Risk Management Authority, that party shall immediately so notify the other party, and shall provide to the other party the effective date that the party will no longer be a member of the Central San Joaquin Valley Risk Management Authority.

2. This Agreement may be terminated by either party, with or without cause, at any time during the Original Term or the first sixty (60) days of any Extended Term by vote of that party’s legislative body to terminate and notice of such action to the other party. The effective date of said termination shall be one hundred eighty (180) days after the date of mailing the notice of termination, unless this Agreement is sooner terminated pursuant to subparagraph

3.A.1 herein or paragraph 10.A.2.

B. Pro rata Payment .

In the event of termination under paragraph 3.A.1,
paragraph 3.A.2 or paragraph 10.A.2, Newman shall pay Ceres on a pro rata basis for services rendered up to the effective date of such termination; except that, in the event Newman has paid for services in advance pursuant to paragraph 4, Ceres shall pay to Newman a refund on a pro rata basis for services rendered up to the effective date of such termination.

4. Payment. I
n consideration for the services to be performed pursuant to this Agreement, Newman agrees to pay the sum of SEVENTEEN THOUSAND ONE HUNDRED AND SIXTY-ONE Dollars ($17,161) per month (“Monthly Payment”), beginning July 1, 2024.

Additionally, beginning July 1, 2025, this monthly Payment rate shall be increased by 5% to EIGHTEEN THOUSAND AND NINETEEN Dollars ($18,019) per month. Beginning July 1, 2026, this monthly Payment rate shall be increased an additional 5% to EIGHTEEN THOUSAND NINE HUNDRED AND TWENTY dollars per month.

N
ewman agrees to the 5% Payment rate increases on July 1, 2025, and July 1, 2026 provided Ceres maintains staffing levels at 70% of the allotted ten (10) positions in their Dispatch Center. In the event the staffing levels fall below 70% for the duration of a particular year, the 5% increase will be decreased to 4% for the next year.

ITEM 7
3 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

In addition to the Monthly Payment, Newman agrees to reimburse Ceres separately, any necessary monthly telephone line expenses which are required to facilitate the transmission of Newman Police Department 911 calls.

5. Equipment. The parties acknowledge that certain telephone, computer hardware, computer software, and other equipment (“Newman Equipment”) has been previously installed to effectuate the purposes of this Agreement. With respect to such equipment, the parties agree as follows:

A. Newman bears the full cost and responsibility for the cost and installation of the necessary Newman Equipment to connect to the Ceres infrastructure. Ceres shall provide reasonable access to Newman to repair the Newman Equipment. The cost of repair of the Newman equipment shall be the sole responsibility of Newman.

B. Newman shall not damage or interfere with any Ceres property during the use or repair of the Newman equipment and shall be liable to Ceres for any reasonable costs of curing any such damage or interference.

C. Ceres shall have the right at all times to inspect the Newman equipment, and installation and repairs thereof. Prior to accessing or performing an inspection on any Newman equipment, Ceres shall make a reasonable attempt at contacting the Newman Police Chief.

D. Ceres shall not be held liable for any breach of this Agreement caused in whole or in part by the operation of, the failure of, and/or the repair of the Newman Equipment.

E. Upon termination of this Agreement, Ceres shall provide reasonable access to its facilities to permit Newman to remove Newman equipment.

6. Service Interruptions .

Ceres shall not be responsible for any computer, network or telephone malfunction or service interruption, not the fault of Ceres, which prevents or delays Ceres from providing dispatch services. Equipment malfunctions or service interruption within the Ceres computer system will be the responsibility of Ceres. Failures in T-1 connections or any other point-to-point link will be considered part of the Newman computer system and Newman shall be responsible for repair of these failures and any other malfunctions or interruptions within the Newman computer system. At the time of any malfunction or interruption, designated personnel from each agency shall meet and confer regarding adequate coverage for the period of time that the malfunction or interruption occurs.

7. Personnel. All persons employed in the performance of Ceres obl igations under this
Agreement shall be employees of Ceres. All persons employed in the performance of Newman’s obligations under this Agreement shall be employees, or contractors, of Newman. No person employed by Ceres shall have any rights to pension, civil service, or other status or right from Newman by virtue of this Agreement. No person employed by Newman shall have any rights to pension, civil service, or other status or right from Ceres by virtue of this Agreement.

ITEM 7
4 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

8. California Law Enforcement Telecommunications System (“CLETS”) Training and Testing. Ceres shall be responsible for the training and testing of all sworn/non-sworn personnel employed by Ceres in adhering to all CLETS rules, regulations, policies, practices and procedures. Newman shall be responsible for the training and testing of all sworn/non-sworn personnel employed by Newman in adhering to all CLETS rules, regulations, policies, practices and procedures.

9. Performance and Related Matters .

A. Ceres shall retain exclusive authority over the activities of Ceres personnel performing services pursuant to this Agreement. Subject to the terms of this Agreement, the planning, organization, scheduling, direction, supervision, standards of performance and discipline of Ceres personnel and all other related matters incident to delivery of Dispatch Services shall be determined by Ceres.

B. Ceres shall give prompt consideration to all requests of Newman regarding the delivery of Dispatch Services pursuant to this Agreement.

C. Each party shall consult the other regarding any planned revisions or upgrades to the party’s dispatch computer software or hardware. Each party shall notify the other party of the installation of all such upgrades or revisions.

10. Indemnification .

Indemnification by Newman.

1. Newman shall indemnify, defend and hold Ceres, and Ceres’s agents, officers and employees, harmless from and against all claims, damages, losses, causes of action and expenses, including attorneys’ fees, for any personal injury, bodily injury, loss of life or damage to property, violation of any federal, state or municipal law, collective bargaining agreement, ordinance or constitutional provision, or other causes which arise out of, relate to or result from the activities or omissions, negligent or otherwise, under this Agreement, of Newman, and Newman’s officers, agents and employees.

2. Newman shall , upon execution of this Agreement, provide proof to Ceres that Newman has obtained from the Central San Joaquin Valley Risk Management Authority a Certificate of Additional Covered party issued to Ceres (“CSJVRMA Certificate”) and proof to Ceres that Newman has obtained from the California Joint Powers Risk Management Authority a Certificate of Additional Covered Party issued to Ceres (“CJPRMA Certificate”). The CSJVRMA Certificate and the CJPRMA Certificate shall include coverage amounts equal to the coverage amounts in the applicable Risk Management Authority Coverage.

Newman shall keep the CSJVRMA Certificate and the CJPRMA Certificate in effect during the Original Term and any Extended Term of this Agreement. Newman shall obtain the CSJVRMA Certificate and the CJPRMA Certificate and keep the CSJVRMA Certificate and the CJPRMA Certificate in effect at Newman’s sole cost and expense. If, for any reason, either the CSJVRMA Certificate or the CJPRMA Certificate is not in effect at any time during the Original Term and ITEM 7
5 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

any Extended Term of this Agreement, and any extension thereof, Ceres shall have the right to terminate this Agreement immediately.

3. For all claims, damages, losses, causes of action and expenses, including attorneys’ fees, covered by this paragraph 10, Newman shall pay any and all applicable Retained Limit (deductible) amounts under any Risk Management Authority Coverage, including any Retained Limit increases pursuant to Central San Joaquin Valley Risk Management Authority Resolution Number 18-91, a copy of which is attached as Exhibit “B”.

B. Indemnification by Ceres .

1. Ceres shall indemnify, defend and hold Newman, and Newman’s agents, officers and employees, harmless from and against all claims, damages, losses, causes of action and expenses, including attorneys’ fees, for any personal injury, bodily injury, loss of life or damage to property, violation of any federal, state or municipal law, collective bargaining agreement, ordinance or constitutional provision, or other causes which arise out of, relate to or result from the activities or omissions, negligent or otherwise, under this Agreement, of Ceres, and Ceres’ officers, agents and employees.

2. Ceres shall, upon execution of this Agreement, provide proof to Newman that Ceres has obtained from the Central San Joaquin Valley Risk Management Authority a Certificate of Additional Covered party issued to Ceres (“CSJVRMA Certificate”) and proof to Newman that Ceres has obtained from the California Joint Powers Risk Management Authority a Certificate of Additional Covered Party issued to Newman (“CJPRMA Certificate”). The CSJVRMA Certificate and the CJPRMA Certificate shall include coverage amounts equal to the coverage amounts in the applicable Risk Management Authority Coverage.

Ceres shall keep the CSJVRMA Certificate and the CJPRMA Certificate in effect during the Original Term and any Extended Term of this Amended and Restated Agreement, and any extension thereof. Ceres shall obtain the CSJVRMA Certificate and the CJPRMA Certificate and keep the CSJVRMA Certificate and the CJPRMA Certificate in effect at Ceres’s sole cost and expense. If, for any reason, either the CSJVRMA Certificate or the CJPRMA Certificate is not in effect at any time during the Original Term and any Extended Term of this Agreement, and any extension thereof, Newman shall have the right to terminate this Agreement immediately.

3. For all claims, damages, losses, causes of action and expenses, including attorneys’ fees, covered by this paragraph 10, Ceres shall pay any and all applicable Retained Limit (deductible) amounts under any Risk Management Authority Coverage, including any Retained Limit increases pursuant to Central San Joaquin Valley Risk Management Authority Resolution Number 18-91, a copy of which is attached as Exhibit “B”.

C. No Agency. At all times during this Agreement, Ceres shall be an
independent contractor, and not an employee, partner, agent, or principal of Newman. At all times during this Agreement, Newman shall be an independent contractor, and not an employee, partner, agent, or principal of Ceres.

ITEM 7
6 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

D. Notification. Each party shall give the other prompt notification when it first learns of an incident or occurrence covered, or likely to be covered, under the terms of this paragraph 10, as well as prompt notification if a claim is made or suit is brought against a party based on an incident or occurrence covered, or likely to be covered, by the terms hereof.

Related Agreements. Except as provided in such other agreements, these indemnification provisions shall apply to and shall be deemed to be a part of all law enforcement agreements now existing or hereafter entered into, including amendments, renewals, or other extensions thereof, wherein Newman and Ceres have contracted under circumstances wherein the liability of Newman and Ceres is joint and several under section 895.2 of the California Government Code. Except as provided in such other agreements, the provisions of this indemnification paragraph shall supersede and control over any other provisions inconsistent therewith in any such contract, heretofore and hereafter entered into by and between the parties hereto.

Continuing Obligation. To the extent that Ceres has agreed to indemnify, defend and hold harmless Newman, its officers, agents and employees under this Agreement, said obligations shall continue to exist during this Agreement and subsequent to this Agreement for those acts or omissions giving rise to liability which occurred during this Agreement. To the extent that Newman has agreed to indemnify, defend and hold harmless Ceres, its officers, agents and employees under this Agreement, said obligations shall continue to exist during this Agreement and subsequent to this Agreement for those acts or omissions giving rise to liability which occurred during this Amended and Restated Agreement.

Insurance. Either party may purchase commercial insurance to cover their exposure hereunder, in whole or in part.

11. General Provisions.

Good Faith. Wherever in this Agreement a party has the right to approve an act of another party, the former shall exercise such discretion reasonably and in good faith.

Similarly, where a party is required to satisfy a condition or complete an act in a certain fashion or within a specified time period, that party shall pursue such objectives in good faith and make all reasonable efforts to accomplish the same; the other Party shall likewise in good faith cooperate and assist the other party in accomplishing this task to cause the consummation of the Agreement as intended herein.

B. Other Instruments . T
he parties hereto shall, whenever and as often as
reasonably requested to do so by the other party, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Agreement, provided that the requesting party shall bear the cost and expense of such further instruments or documents (except that each party shall bear its own attorneys’ fees).

ITEM 7
7 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

C. Construction. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. Each party acknowledges that they have had the opportunity to have their legal counsel review this Agreement.

Captions, Headings and Exhibits. The captions, headings and index of this Agreement are for convenience only and have no force and effect in the interpretation or construction of this Agreement. All exhibits attached hereto are by this reference incorporated herein as though fully set forth in this Agreement.

Severability. If any term, provision, covenant or condition of this Agreement shall be or become illegal, null or void or against public policy, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. The term, provision, covenant or condition that is so invalidated, voided or held to be unenforceable shall be modified or changed by the parties to the extent-possible to carry out the intentions and directives set forth in this Agreement.

F. Assignment. Neither party shall have the right to assign its rights or delegate any of its obligations or duties hereunder without the express written consent of the other party, which consent shall not be unreasonably withheld.

Successors and Assigns. Except as restricted herein, this Agreement shall be binding on and shall inure to the benefit of the parties and their respective legal representatives, successors and assigns.

Waiver. The waiver of any breach of any provision hereunder by any party to this Agreement shall not be deemed to be a waiver or any preceding or subsequent breach hereunder, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Governing Law. This Agreement shall be governed by the laws of the State of California. Venue for all purposes shall be proper only in the County of Stanislaus, State of California.

J. Notices . A
ll notices, approvals, acceptances, demands and other
communications required or permitted hereunder, to be effective shall be in writing and shall be delivered either in person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt requested) to the party to whom the notice is directed at the address of such party as follows:

ITEM 7
8 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

To Ceres: Chief of Police
City of Ceres
2727 Third Avenue
Ceres, California 95307

With copy to: City Manager
City of Ceres
2220 Magnolia Street
Ceres, California 95307

With copy to: City Attorney
City of Ceres
2220 Magnolia Street
Ceres, California 95307

To Newman: Chief of Police
City of Newman
P.O. Box 787
1200 Main Street
Newman, California 95360

With copy to: City Manager
City of Newman
P.O. Box 787
938 Fresno Street
Newman, California 95360

With copy to: City Attorney
City of Newman
P.O. Box 787
938 Fresno Street
Newman, California 95360

Any written communication given by mail shall be deemed delivered two (2) business days after such mailing date. Either party may change its address by giving the other party written notice of its new address as herein provided.

Attorneys’ Fees. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover actual attorneys’ fees incurred in bringing such action and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of the action and shall be paid whether or not such action is prosecuted to judgment. The attorneys’ fees to be awarded the prevailing party may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys’ fees award shall not be computed in accordance with any court schedule but shall be made as to fully reimburse for all attorneys’ fees, paralegal fees, costs and expenses actually incurred in good ITEM 7
9 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

faith, regardless of the size of the judgment, it being the intention of the parties to fully compensate for all attorneys’ fees, paralegal fees, costs and expenses paid or incurred in good faith.

Authorization. All officers and individuals executing this and other documents on behalf of the respective parties do hereby certify and warrant that they have the capacity and have been duly authorized to so execute the documents on behalf of the entity so indicated. Each signatory shall also indemnify the other parties to this Agreement and hold them harmless, from any and all damages, costs, attorneys’ fees, and other expenses, if the signatory is not so authorized.

M. No Third -P
arty Rights. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligations or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right or subrogation or action over or against any party to this Agreement

N. Remedies. Each party hereto acknowledges that a remedy at law for any breach or attempted breach of this Agreement may be inadequate, agrees that in addition to any remedy provided at law, each party hereto shall be entitled to specific performance and injunctive and other equitable relief in case of any such breach or attempted breach, and further agrees to waive any requirement for the securing or posting of any bond in connection with the obtaining of any such injunctive or other equitable relief.

Entire Agreement and Amendment. In conjunction with the matters considered herein, this Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature hereafter binding except as set forth herein. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives its future right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel.

ITEM 7
10 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

IN WITNESS WHEREOF, the parties hereto have executed this Agreement at Ceres, California on the date first above written.

“ Ceres”

CITY OF CERES,
a municipal corporation

By: ______________________Date: ______
Javier Lopez, Mayor

ATTEST: APPROVED AS TO FORM:

By ______________________________ By: ______________________________ Fallon Martin, Nubia I. Goldstein,
City Clerk City Attorney

“ Newman”

CITY OF NEWMAN,
a municipal corporation

By: ____________________Date: __________
Casey Graham, Mayor

ATTEST: APPROVED AS TO FORM:

By: ______________________________ By: ______________________________ Mike Maier, Nubia I. Goldstein,
City Clerk City Attorney

ITEM 7
11 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

EXHIBIT “A”

LIST OF SERVICES

FOR THE CITY OF NEWMAN

1. Enter all CLETS entries for staff, including but not limited to: Missing persons, stored vehicles, stolen vehicles, firearms entries, etc.

2. Hold warrants for all Newman cases.

3. Receive calls and dispatch for animal control related issues.

4. Receive complaints, and requests for assistance and information from citizens, by telephone; Including 911 calls.

5. Maintain 2-way radio communications with units on routine or emergency situations and general activities.

6. Maintain computerized records of incidents.

7. Maintain computerized, recorded audio files of all communications for a period of 12 months and make available to authorized City staff, upon request.

ITEM 7
12 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

EXHIBIT “B”

Central San Joaquin Valley Risk Management Authority Resolution Number 18-91

ITEM 7
13 Ceres-Newman Dispatch Contract
July 1, 2024 – June 30, 2027

EXHIBIT “C”

Central San Joaquin Valley Risk Management Agency Memorandum of Coverage

ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

Resolution No. 2024- XXX, Approving a Three- Year Service Agreement with Motorola Solutions for Police Department Radio Maintenance and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the City Manager to enter into a three-year Service Agreement with Motorola Solutions for Police Department Radio Maintenance.

I. BACKGROUND:

Staff has been using Delta Wireless since the early 2000’s for their police radio maintenance. If Delta Wireless was unable to repair an item, they would send it to Motorola for repairs. In October 2023, Delta Wireless closed their doors, and City staff was able to contract directly with Motorola for all repair work, bypassing the additional cost incurred from using a middleman.

II. REASONS FOR RECOMMENDATION:

Since signing the partial year agreement with Motorola last October, the City has received satisfactory radio repair service from them. The proposed agreement would be a three- year service agreement, locking in the City’s monthly/annual cost through June 2027.

City staff reached out to two (2) additional companies to obtain comparative quotes. • AirCall Communications, Turlock, CA
See Attachment C
The proposed cost is $25,000.00 more than what was quoted by Motorola for the 3-year contract.

This breaks down to $8,333.00 more per year and $694.44 more per month. • Telepat
h, Fremont, CA
ITEM 8
See Attachment D
The proposed cost is $25,000.00 more than what was quoted by Motorola for the 3-year contract.

This breaks down to $8,333.00 more per year and $694.44 more per month.

Due to the quotes presented by AirCall Communications and Telepath, Staff recommends that we move forward with the quote from Motorola which is the most cost-effective.

III. FISCAL IMPACTS:

The funding to pay the monthly charge of $1407.63 is budgeted annually in account number 26210.029900. Additionally, the overall contract with Motorola is less expensive than what the City historically paid to Delta Wireless ($1440.00 per month).

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council could choose to not renew this service agreement. Staff would need to find an alternate source for radio maintenance. Based on the only alternative quotes received, this would not be cost effective to the City.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, the Service Agreement will be routed through the City Clerk’s office for the appropriate signatures.

A
pproved by: ____________________
Douglas D. Dunford,
City Manager
A
ttachments:

1. Attachment A – Resolution

2. Attachment B – Motorola Service Agreement

3. Attachment C – Quote #2

4. Attachment D – Quote #3
ITEM 8
RESOLUTION NO. 2024-XXX
A

PPROVING A THREE-YEAR SERVICE AGREEMENT WITH

MOTOROLA SOLUTIONS FOR POLICE DEPARTMENT RADIO

MAINTENANCE AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the Police Department has need of radio maintenance and repair ; and
W
HEREAS, Delta Wireless is no longer in business and Motorola Solutions has been providing satisfactory repair service since October, 2023; and W
HEREAS, the cost for the Radio Maintenance service agreement is budgeted annually in the Police Department budget – Measure H.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby approv e a three- year service agreement with Motorola Solutions for police department radio maintenance and authoriz es the City Manager to execute the agreement.

PA
SSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of June 2024 by the following vote:

AYE
S: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
________________________
Fallon Martin, City Clerk

ATTACHMENT A
ITEM 8
ITEM 8
Date:03/03/2024

Company Name: CERES POLICE DEPT
, CITY OF

Required P
.O. :

PO # :

Customer # :1000295304

Bill to Tag # :

Contract Start Date :01-Jul-2024

Contract End Date :30-Jun-2027

Payment Cycle :MONTHLY

Attn:

Billing Address: 2220 MAGNOLIA ST
City
, State, Zip: CERES , CA, 95307

Customer Contact: Chris Perry

Phone: 209-538-5715

Qty
Service Name Service Description Extended Amt
LSV01S00020A ASTRO ESSENTIAL SERVICE RENEWAL $5,544.00
LSV01S00143A ASTRO ESSENTIAL SERVICE RENEWAL $2,721.60
SVC01SVC2012C CONTRACT ADMINISTRATION SERVICE $20,536.20 LSV00S00207A LOCAL DEVICE SUPPORT W/PICKUP & DELIVERY $21,873.00 Subtotal - Recurring Services $1,407.63 $50,674.80
Subtotal - One-T
ime Event Services $0.00 $0.00
T
otal $50,674.80

THIS SER

VICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE

APPLICABLE, TO BE VERIFIED BY MOTOROLA

SPECIAL INSTRUCTIONS:

I have received Applicable Statements of Work which describe the Ser vices and cybersecurity services provided on
this Agreement. Motorola's Terms and Conditions, including the Cybersecurity Online Terms Acknowledgement, are attached hereto and incorporate the Cyber Addendum (available at https://www .motorolasolutions.com/en_us/
mana
ged-support-services/cybersecurity.html) by reference. By signing below Customer ackno wledges these terms and conditions govern all Services under this Service Agreement.

UTHORIZED CUSTOMER SIGNATURE TITLE DATE
CUST

OMER (PRINT NAME)

SERVICE AGREEMENT

500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336

Quote Number : QUOTE-2547777
Contract Number: USC000855082
Contract Modifier: R03-MAR-24 09:11:24

SERVICE PROVIDER
California FSO Do068
APX6000: 28: LSV01S00020A: $5,544.00
APX6500: 9: LSV01S00143A: $2,721.60
APX7500: 2: SVC01SVC2012C: $604.80 (Best Effort Repair) XTL2500: 29: SVC01SVC2012C: $6,838.20 (Best Effort Repair) XTL5000: 4: SVC01SVC2012C: $943.20 (Best Effort Repair) XTS2500: 75: SVC01SVC2012C: $12,150.00 (Best Effort Repair) ALL 147 UNITS: LSV00S00207A: $21,873.00

ATTACHMENT B
ITEM 8

MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE
Jeffrey Bauman 312-898-0840
MO

TOROLA REPRESENTATIVE(PRINT NAME) PHONE
Company Name :

CERES POLICE DEPT
, CITY OF

Contract Number :

USC000855082

Contract Modifier :

R03-MAR-24 09:1
1:24

Contract Start Date :
01-J
ul-2024
Contract End Date :

30-J
un-2027

SERVICE AGREEMENT

500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336

Quote Number : QUOTE-2547777
Contract Number: USC000855082
Contract Modifier: R03-MAR-24 09:11:24

Software & Services - Team Lead 05/01/2024
ITEM 8
Service T erms and Conditions

Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows:

Section 1. APPLICABILITY
These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement.

Section 2. DEFINITIONS AND INTERPRETATION

2.1 “Agreement” means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise.

2.2 “Equipment” means the equipment that is specified in the attachments or is subsequently added to this Agreement.

2.3 “Services” means those installation, maintenance, support, training, and other services described in this Agreement.

Section 3. ACCEPTANCE
Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the “Start Date” indicated in this Agreement.

Section 4. SCOPE OF SERVICES

4.1 Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement.

At Customer’s request, Motorola may also provide additional services at Motorola’s then-applicable rates for the services.

4.2 If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer’s product manuals; and routine service procedures that are prescribed by Motorola will be followed

4.3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires.

4.4 All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice.

4.5 Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments.

4.6 If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment.

4.7 Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this.

Section 5. EXCLUDED SERVICES

5.1 Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events.

5.2 Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler.

Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium.

SERVICE AGREEMENT

500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336

Quote Number : QUOTE-2547777
Contract Number: USC000855082
Contract Modifier: R03-MAR-24 09:1
1:24

ITEM 8
Section 6. TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer ’s location, Customer will provide
Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment.

Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.

Section 7. CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to maintain contact, as needed, with Motorola.

Section 8. INVOICING AND PAYMENT

8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date

8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.

8.3 For multi-year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI-U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base).

Section 9. W

ARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Section 10. DEFAULT/TERMINATION

10.1 If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party.

10.2 Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services.

10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term.

Section 11. LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement.

SERVICE AGREEMENT

500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336

Quote Number : QUOTE-2547777
Contract Number: USC000855082
Contract Modifier: R03-MAR-24 09:1
1:24

ITEM 8

ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DA TA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR

OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision.

Section 12. EXCLUSIVE TERMS AND CONDITIONS

12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties.

12.2 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties.

Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS

13.1 Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request.

Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement.

13.2 Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data.

13.3 This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement.

Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters.

Section 15. COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.

Section 16. MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction.

Section 17. GENERAL TERMS

17.1 If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect.

17.2 This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed.

17.3 Failure to exercise any right will not operate as a waiver of that right, power, or privilege.

SERVICE AGREEMENT

500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336

Quote Number : QUOTE-2547777
Contract Number: USC000855082
Contract Modifier: R03-MAR-24 09:1
1:24

ITEM 8

17.4 Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s reasonable control, such as strikes, material shortages, or acts of God.

17.5 Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.

17.6 Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event.

17.7 THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS

EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates.

17.8 If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola’s then effective hourly rates.

17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document .

Revised Sept 03, 2022

SERVICE AGREEMENT

500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336

Quote Number : QUOTE-2547777
Contract Number: USC000855082
Contract Modifier: R03-MAR-24 09:1
1:24

ITEM 8
Cybersecurity Online Terms Acknowledgement

This Cybersecurity Online T
erms Acknowledgement (this “Acknowledgement”) is entered into between Motorola Solutions, Inc. (“Motorola”) and the entity set forth in the signature block below (“Customer”).

1. Applicability and Self Deletion. This Cybersecurity Online Terms Acknowledgement applies to the extent cybersecurity products and services, including Remote Security Update Service, Security Update Service, and Managed Detection & Response subscription services, are purchased by or otherwise provided to Customer, including through bundled or integrated offerings or otherwise.

NOTE: This Acknowledgement is self deleting if not applicable under this Section 1.

2. Online Terms Acknowledgement. The Parties acknowledge and agree that the terms of the Cyber Subscription Renewals and Integrations Addendum available at http://www.motorolasolutions.com/cyber-renewals-integrations are incorporated in and form part of the Parties’ agreement as it relates to any cybersecurity products or services sold or provided to Customer . By signing the signature block below, Customer certifies that it has read and agrees to the provisions set forth and linked on-line in this Acknowledgement. To the extent Customer is unable to access the above referenced online terms for any reason, Customer may request a paper copy from Motorola. The signatory to this Acknowledgement represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgement and referenced online terms.

3. Entire Agreement. This Acknowledgement supplements any and all applicable and existing agreements and supersedes any contrary terms as it relates to Customer's purchase of cybersecurity products and services. This Acknowledgement and referenced terms constitute the entire agreement of the parties regarding the subject matter hereof and as set out in the referenced terms, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter .

4. Execution and Amendments. This Acknowledgement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy , or computer
image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Acknowledgement may be amended or modified only by a written instrument signed by authorized representatives of both Parties.

The Parties hereby enter into this Acknowledgement as of the last signature date below.

Revised Sept 03, 2022

SERVICE AGREEMENT

500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336

Quote Number : QUOTE-2547777
Contract Number: USC000855082
Contract Modifier: R03-MAR-24 09:1
1:24

ITEM 8
ITEM 8
AirCall Communications Sales Quote
2298 Maryann Drive
Turlock, CA 95380
1 2096691234
AirCallwww. aircallradio. com

COMMUNICATIONS

ADDRESS SHIP TO

CERES POLICE DEPARTMENT CERES POLICE DEPARTMENT
2727 3RD STREET 2727 3RD STREET
CERES, CA 95307 CERES, CA 95307
DAVID McCANN, CSO
209- 595- 6068
SALES QUOTE# DATE
7202 05/ 23/ 2024
P. O. NUMBER SALES REP
TBP Judy Garcia

ACTIVITY QTY RATE AMOUNT

CERES POLICE DEPARTMENT ANNUAL SERVICE CONTRACT
TERM: 7/ 1/ 24- 6/ 30/ 27

SCOPE OF WORK

ASTRO ESSENTIAL SERVICE
ANNUAL SERVICE CONTRACT 3 25, 000. 00 75, 000. 00

ANNUAL SERVICE CONTRACT ( PER YEAR COST)

ESSENTIAL SERVICE FOR BREAK- FIX REPAIR OF THE FOLLOWING SUBSCRIBER RADIO UNITS:
175 PORTABLE RADIOS
MAKE/ MODEL:

MOTOROLA APX6000
MOTOROLA XTS2500
50 MOBILE RADIOS
MAKE/ MODEL:

MOTOROLA XTL2500
ESSENTIAL SERVICE INCLUDES:

CONTRACT ADMINISTRATION SERVICE

LOCAL DEVICE SUPPORT W PICKUP & DELIVERY
NOTE

ESSENTIAL SERVICE REPAIRS SHALL BE ON A BEST EFFORT BASIS

FOR END- OF- LIFE SUBSCRIBER MODELS COVERED UNDER THIS
CONTRACT. SUCCESS OF REPAIRS ARE DEPENDENT ON PART
AVAILABILITY AND FACTORY SUPPORT AT THE TIME OF REPAIR.

SUBTOTAL 75, 000. 00
TAX 0. 00
TOTAL
75, 000. 00
Ask us about the NEW Motorola Solutions Cellular LTE/ WiFi- based Nationwide Two Way Radio Platform

ATTACHMENT C
ITEM 8
ITEM 8

SALES QUOTE
Ceres Police Department
David McCann
2727 3RD STREET
CERES CA 95307

UNITED STATES
Tel: (209) 595-6068
Ceres Police Department
David McCann
2727 3RD STREET
CERES CA 95307

UNITED STATES
Tel: (209) 595-6068
SQ-180270
Customer Contact Ship To
Account Terms Due Date Account Rep Schedule Date
Nathan Tran
Quotation PO # Reference Ship VIA Page
Printed
SQ-180270 2024-2027 RSA 1
1005353 C.O.D
*180270*
6/4/2024
6/4/2024 6/4/2024
6/4/2024
4:48:53PM
UPS Ground Commercial
L Item Description Qty Price
UM Discount Amount
1 CERES PD ANNUAL SUBSCRIBER SUPPORT

ASTRO ESSENTIAL SERVICE
PORTABLE SUBSCRIBERS:

QTY 175
MAKE/MODEL:
- MOTOROLA APX6000
- MOTOROLA XTS2500

MOBILE SUBSCRIBERS
QTY 50
MAKE/MODEL:
- MOTOROLA XTL2500
INCLUDES:
• CONTRACT ADMINISTRATION SERVICE
• LOCAL DEVICE SUPPORT W PICKUP &

DELIVERY
NOTE

FULL REPAIR AND RESTORATION OF FUNCTION

NOT GUARANTEED ON END-OF-LIFE SUBSCRIBER
UNITS.

TERM: 7/1/24-6/30/27
$25,000.00 $75,000.002 Maintenance Contract EAMaintenanceAgrm 3 QUOTATIONS ARE VALID FOR 30 DAYS
A 20% RESTOCKING FEE WILL APPLY TO ALL RETURNED ITEMS
BDA's, DAS, UPS, AND CUSTOM SYSTEMS ARE NON-RETURNABLE
Please print your name:______________________________
Signature:_______________________ DATE:____________
Tax Details
EXEMPT $0.000
$0.00
$0.00
$75,000.00
$75,000.00
$75,000.00
Taxable
Total Tax
Exempt
Total
Balance

ATTACHMENT D
ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Ja
mes Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 24, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2024-XXX , Approving Project Agreement #2 with Advanced Mobility Group to Provide Professional Traffic Engineering Services and On -Going Support Services for the City’s Traffic Signal System and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

St
aff recommends City Council authorize the City Manager to e xecute Project Agreement #2 with Advanced Mobility Group (AMG) to provide professional traffic engineering services and on-going support services for the City’s Traffic Signal System in a not to exceed the amount of $245,000.

I. BACKGROUND:

The Ci
ty recently upgraded the Traffic Operations Center at City Hall. This upgrade allowed for communication to most of the City’s traffic signals from City Hall. In addition to communication, it also allows for adjustment of the timing that signals use to move traffic throughout the City. The traffic signals in the City’s main corridors Hatch Road, Whitmore Avenue, and Mitchell Road had been synchronized years ago; h owever, the signal timings are now obsolete due to changing traffic patterns over the years. In addition to changing traffic patterns, there is also more traffic on our local roadways.

Consequently, it is imperative that the City update traffic signal timing, re-synchronize the main corridors , and ensure that all traffic signals can communicate with the Traffic Operation Center properly.

II. REASONS FOR RECOMMENDATION:

Currently, traffic signals within the City that are connected to the Traffic Operations Center are not communicating correctly. Additionally, traffic counts and signal timing has not been updated in years, causing inefficient traffic flow throughout the City, especially on the main corridors of Hatch Road, Whitmore Avenue, and Mitchell Road. This is not only ITEM 9
frustrating for the citizens and visitors, it is adding additional idle times during driving which contribute to an increase in greenhouse gases.

It should also be noted that traffic patterns are changing constantly. AMG will also provide active traffic management on an on-going basis for the City.

The City requested a proposal from AMG and received it on May 31, 2024.

III. FISCAL IMPACTS:

These projects are included and programmed in the Capital Improvement Program Budget in various accounts. The contract amount for traffic services is $ 245,000. The following accounts/amounts will be utilized:
27195.800500(2414) - $140,000
27195.800500(2418) - $ 75,000
27119.029900 - $ 30,000
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the proposal and re- post the project or reject the proposal and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

Public participation is not planned during the review of the final design.

VIII. ENVIRONMENTAL REVIEW:

The project is a CEQA Categorical Exemption as per Section 15301 (c) Existing Facilities.

IX. STEPS FOLLOWING APPROVAL:

The City Manager executes the Project Agreement, and the Finance Director makes the appropriate accounting entries to fund the contract.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A - Resolution

2. Attachment B - Professional Services Agreement
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING PROJECT AGREEMENT #2 WITH ADVANCE MOBILITY

GROUP TO PROVIDE PROFESSIONAL TRAFFIC ENGINEERING
SERVICES AND ON-GOING SUPPORT SERVICES FOR THE CITY’S

TRAFFIC SIGNAL SYSTEM AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, proposals for the Traffic Signal System Support contract were received from Advance Mobility Group in the amount of $245,000.00; and

WHEREAS, the traffic signal support scope was included in the Capital Improvement Program Budget in various accounts and will be funded by existing account number 27195.800500(2414) in amount of $140,000, 27195.800500(2418) in amount of $75,000 and 27119.029900 in amount of $30,000; and

WHEREAS, traffic counts and signal timing has not been updated in years, causing inefficient traffic flow throughout the City; and

WHEREAS, that traffic patterns are changing constantly; and

WHEREAS, Advance Mobility Group will provide active traffic management on an on-going basis for the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby a pprove Project Agreement #2 with Advanced Mobility Group to provide Professional Traffic Engineering Services and On-Going Support Services for the City’s traffic signal system and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9
Consultant – Professional Consultant (2023-24)
PROJECT AGREEMENT No. #2

TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR NON-FEDERAL PROJECTS: Traffic Engineering
Providing: On-Going Support for the City’s Traffic Signal System Civil Engineering Consultant Services
City of Ceres Engineering Services
This Project Agreement is made by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and Advanced Mobility Group (AMG) a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.

RECITALS
A. Following a Request for Qualifications ( “RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Non-Federal Projects (“Master Agreement”) on November 28th, 2022.

B. Consultant has made a proposal to the City to provide such professional engineering services for the Cite. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement , the Master Agreement, and the Amendment.

C. The Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A. The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement. The services to be provided in this agreement shall be completed within 12 months from the date the agreement is entered into.

D. The Parties have outlined the rates and method of payment to consultant for its performance of the Services under this Agreement (“ Compensation Schedule ”), which shall be included in the Scope of Services in Exhibit A.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

ITEM 9

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

ADVANCED MOBILITY GROUP

Page 2 ends

AGREEMENT

Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.

Section 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A.

Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.

Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement and the Amendment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.

Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“ Modification” or “Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Compensation Schedule. City’s total compensation to Consultant shall not exceed ($245,000.00) (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.

Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice to Proceed”). The Performance Schedule shall be adjusted for a start date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.

Section 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Section 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances ITEM 9

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

ADVANCED MOBILITY GROUP

Page 3 ends

of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

Section 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.

Exhibit Designation Exhibit Title
Exhibit A: Proposal (For reference only)

Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
[email protected]

With courtesy copies to: City of Ceres
ITEM 9

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

ADVANCED MOBILITY GROUP

Page 4 ends

2220 Magnolia Street
Ceres, California, 95307
Attention: City Engineer
Tel: (209) 538-5792
[email protected]

and White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.

Tel: (916) 468-0950
[email protected]

If to Consultant: Advanced Mobility Group
3003 Oak Rd., Suite 100
Walnut Creek, CA 94597
Attention: Joy Bhattacharya
Tel: (415) 505-5866
[email protected]

Section 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.

Section 14. General Provisions

14.1. 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.

14.2. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

14.3. 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 the state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of ITEM 9

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

ADVANCED MOBILITY GROUP

Page 5 ends

any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

14.4 Drafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement.

Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be inva lid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

14.5. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

13.6. Entire Agreement . This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.

14.7. Supersedes Prior Agreement . It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations , whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

14.8. Mandatory and Permissive . “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

14.9. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

14.10. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

14.11. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 24 of this Agreement , including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's ITEM 9

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

ADVANCED MOBILITY GROUP

Page 6 ends

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.

14.12. 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.

14.13. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

[SIGNATURES ON FOLLOWING PAGE.]

ITEM 9

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

ADVANCED MOBILITY GROUP

Page 7 ends

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.

Dated: ______________________, 2024

CITY OF CERES, a municipal corporation

By_______________________________
Signature

Douglas D. Dunford, City Manager
Name and Title

CONSULTANT

By_______________________________
Signature

Joy Bhattacharya, Vice President
Name and Title

APPROVED AS TO FORM

__________________________________
Nubia I. Goldstein, City Attorney

ITEM 9

Advanced Mobility Group | 3003 Oak Rd. Suite 100, Walnut Creek, CA 94597 www.amobility.com

May 31, 2024

Michael Beltran, PE
City Engineer
City of Ceres
Email: [email protected]
Subject: Proposal for Providing On-Going Support for the City’s Traffic Signal System

This letter details the professional services that Advanced Mobility Group (AMG) will provide in timely and efficient manner to assist the City of Ceres staff with on-going support to manage and provide long-term consistency for the City’s traffic signal system once the signal system is operational through the central Swarco/McCain system (Transparity). This proposal also includes retiming and coordinating all the signalized intersections in the City of Ceres. The tasks anticipated as part of this proposal are summarized below:

SIGNAL SYSTEM ONLINE
Currently, City has an upgrades McCain central system at the City Hall. However, none of the traffic signals are communicating back to City Hall. AMG will need to coordinate efforts with Bear Electric (City’s Signal Maintenance provider) and Swarco/McCain (City’s Central System vendor) to bring all the traffic signals communicating back to the City Hall and have access to the traffic controllers through the central system. AMG proposes the following scope of work for this task:
• AMG will develop a systemwide IP scheme for the entire city’s signalized intersections. The IP scheme will be based on the existing IP scheme but extended for intersections that are not configured to match with the IP scheme.
• Implement IP addresses to all City traffic signal controllers to match with the IP Scheme in the field.
• Work with Swarco/McCain to bring all the intersection that have fiber connections back to the Transparity software and make it online.
• Work with Bear Electric to identify the issues related to the traffic signals that have communications issues and identify the most effective way to bring them online. • Get a quote from Bear Electric to fix the communication issues in the field. Review the quote and work with City staff to prepare a work order to fix the communications issues in the field.
• If the work order is authorized by the City. AMG will oversee the work completed by Bear Electric to bring all the remaining intersections back online.

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May 31, 2024
Reference: Proposal for Providing On-Going Support for the City’s Traffic Signal System

• Prepare a concept plan to upgrade all communications within the City to upgrade City’s communications system to newer technology. Prepare a cost estimate to upgrade all the communications system within the City.
• Assist City to apply for grants utilizing the concept plans and cost estimates prepared by AMG.

CITYWIDE TRAFFIC SIGNAL TIMING

DATA COLLECTION
Under this task, AMG will collect traffic and collision data at all the study intersections. Prior to data collection, AMG will prepare a data collection plan outlining locations and dates where field observations and data collection will be conducted. The data collection plan will be provided for review and comment to the City. AMG will ensure that all data is collected on typical weekdays when the schools are in session and weekends with no planned events or construction and atypical weather conditions. Should an accident occur on any day of data collection, AMG will collect data on a different day upon consultation with the City Staff.

Additionally, AMG’s data collection plan will include mapped locations of all data collection units (average daily traffic (ADT) tubes and turning movement count (TMC) video detection units). AMG will collect the following data in the field.

Weekday turning movement counts including vehicles, pedestrians and bicycles shall be collected between 7:00 a.m. and 9:00 a.m., 11:30 a.m. and 1:30 p.m., and between 4:00 p.m. and 6:00 p.m. peak periods at all City signalized intersections.

EXISTING/BASELINE CONDITIONS ANALYSIS
Upon completion of data collection, scaled existing/baseline Synchro or equivalent traffic models will be created for all study peak periods for all the signalized intersections. The models will be calibrated to reasonably reflect existing conditions based on the field observations conducted.

Calibration parameters will include but are not limited to existing lane geometry, turning movement restrictions, speed, saturation flow rate, parking maneuvers, lane utilization, mandatory and positioning distances, queue lengths, bus frequencies, volume settings, travel times, and existing signal timings and phasing.

As part of the existing conditions analysis, AMG will review existing minimum timing parameters such as minimum green intervals for vehicles and bicycles, yellow, all-red, walk and flashing don’t walk (FDW) intervals, locations that will benefit from LPI (Leading Pedestrian Interval), volume- density settings such as vehicle extension and minimum gap intervals to ensure adequateness and consistency per the latest CA MUTCD and City Standards for all study intersections. AMG will recommend locations where we believe LPI would improve pedestrian safety based on existing pedestrian demands.

AMG will provide a comparison spreadsheet with existing and proposed minimum timing parameters consistent with City and CA MUTCD standards to the City for review and comment.

Upon City’s review, approved minimum timing parameters will be utilized for development of recommended signal timing plans.

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May 31, 2024
Reference: Proposal for Providing On-Going Support for the City’s Traffic Signal System

DEVELOPMENT OF RECOMMENDED SIGNAL TIMING PLANS
Upon review of minimum timing parameters, the calibrated models will be utilized for development of proposed coordination plans for all peak periods and project corridors. Based on the natural cycle lengths of the intersections in the network, optimal cycle length will be set for the project signals. Splits/force offs, offsets, and phasing sequences will be adjusted to provide directional progression band throughout the corridor. Generally, higher cycle lengths provide better progression for the corridor but can result in an increase in side street delay or overall intersection delay. Lower cycle lengths reduce side street delay but may not provide adequate split timing to the coordinated phases and hence provide a smaller progression band. The recommended timing plans will be tailored to accommodate proposed minimum timing parameters and existing traffic volumes with minimal side street impact. A minimum of three coordinated timing plans will be designed for weekday morning, midday, and afternoon peaks.

DEPLOYMENT AND FINE-TUNING
AMG will develop proposed conditions timing cards compliant to the City’s timing sheet format (paper and Excel). The proposed timing cards will be signed by a Licensed Professional Engineer and submitted (electronic and paper copies) to the City staff for review and approval. Upon City’s approval of the proposed timing cards, AMG will implement the timing at all study intersections through the City’s Centralized Traffic Management System.

Upon deployment, the AMG Team will verify splits/force offs, offsets, phasing sequence, and cycle lengths are accurate by in-person field visit. After timing is verified and functioning as intended, coordinated timing parameters will be fine-tuned by in-person field visit and driving along the corridors to adjust offsets, splits signal phasing and/or cycle lengths. AMG team will conduct a minimum of three (3) “Before” and “After” travel time runs utilizing WaySync software.

WaySync is an innovative and proven desktop program and mobile app that enables users to develop signal timing plans in the office and then run the same timing plans on a mobile device in the field. Once signal timings are loaded into the app and clocks are synced with the controllers, WaySync will show what the signal indications should be showing at every point in time, providing an efficient and effective method to verify timing in the field. Timing Adjustments do not have to be evaluated in the office but can be quickly assessed within the app. Additionally, WaySync enables staff to record video clips to use in before-and-after performance evaluations. Before and After travel run videos will be shared with the City to show improvement.

ON-GOING SUPPORT
• AMG will monitor the traffic signal coordination and progression on all corridors connected to the City’s central system (Transparity) and recommend signal timing updates to improve traffic flow for all periods as needed.
• AMG will prepare new traffic signal timing plans and update existing traffic signal timing plans per City request.
• AMG will review existing minimum timing parameters and locations that will benefit from LPI (Leading Pedestrian Interval), volume-density settings such as vehicle extension and ITEM 9

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May 31, 2024
Reference: Proposal for Providing On-Going Support for the City’s Traffic Signal System

minimum gap intervals to ensure adequateness and consistency per the latest CA MUTCD and City standards on an as-needed basis.
• AMG will assist the City in implementing the proposed traffic signal timings remotely through the Transparity platform.
• AMG will coordinate with Swarco/McCain to resolve any Transparity system issues. • AMG will monitor, report, and identify detection failures through the Transparity system • AMG will respond to signal related resident complaints and find solutions to resolve the issue. AMG will provide solutions and assist in implementing the recommended modifications to the signal system.
• AMG will prepare work orders for intersection safety improvements per City request. • AMG will prepare intersection safety analysis memos per City request. • AMG will review signal timing plans and signal improvement plans per City request.

LEVEL OF EFFORT
The level of effort for providing on-going support until the end of Fiscal Year 2025 (June 30, 2025) for the City’s traffic signal system is as follows:

1. Signal System Online
• $30,000 (not inclusive of any additional charges from Bear Electric and Swarco/McCain)

2. Citywide Signal Timing (40 Intersections)
• $175,000 (Field data collection at every intersection, Synchro and WaySync analysis)

3. On Going Support –
• $40,000 per year (Time and Material basis)
AMG is excited to continue supporting the City of Ceres with traffic engineering needs. Please let me know if there are any questions or you need further clarifications.

Best regards,
Joy Bhattacharya, PE, PTOE
Advanced Mobility Group
[email protected]
(415) 688-0024
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

Resolution No. 2024- XXX, A pproving the Construction Contract for the Smyrna Park Playground to GameTime Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council to award the playground improvement contract for Smyrna Park Playground Improvement Project, authorize a 10% contingency, and authorizing the City Manager to execute the contract.

I. BACKGROUND:

The proj
ect consists of installing new playground equipment and engineered wood fiber at the existing Smyrna Park, located at the southeast corner of Fowler Road and Moffet t Road. Enhancement of the existing playground structure, including installation of the new proposed play equipment product and the new playground protective surfacing will be part of the project.

II. REASO
NS FOR RECOMMENDATION:

The proposals for the professional design services were publicly solicited on April 11 , 2024, with bids due May 2, 2024. The City received one proposal from GameTime. The GameTime proposal includes tasks such as installing new engineered fiber and playground equipment.

III. FISCAL IMPACTS:

This
project was included and programmed in Fiscal Year 2022/23 - Capital Improvement Plan (CIP) in account number 21995.800500 (2301) for $168,763.12.

ITEM 10
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first goal of the Strategic Plan:
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy. 2) Livable community: Create a vibrant, safe, attractive and walkable community that maintains a small -town feel, with parks, trails, shopping, entertainment and other desirable amenities.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the proposal and publicly post the project with a similar or modified scope later or reject the proposal and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

The Engineering Services Department has coordinated with the Public Works Department, Parks Division.

VII. PUBLIC PARTICIPATION:

There are no committee or public participation events needed or anticipated for this project.

VIII. ENVIRONMENTAL REVIEW:

This project is a CEQA Categorical Exemption as per Section 15301C Existing Facilities.

IX. STEPS FOLLOWING APPROVAL:

Following approval of this item, the contract will be signed and executed with GameTime.

The contractor will then be issued a notice to proceed, and a pre- construction meeting will be held.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

ITEM 10

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE CONSTRUCTION CONTRACT FOR THE SMYRNA PARK PLAYGROUND TO GAMETIME, INC., AUTHORIZING A 10% CONTINGENCY,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Smyrna Park Playground Project was included in the C apital Improvement Project list and will be funded by existing account number 21995.800500; and

WHEREAS, proposals for the construction contract for the Smyrna Park Playground Project were due May 2, 2024; and

WHEREAS, the lowest responsive and responsible bid was received from Game Time Inc., in the amount of $168,763.12; and

WHEREAS, a construction contingency in the amount of 10% or $ 16,876.31 is necessary and appropriate to accommodate any unforeseen costs, bringing the total construction authorization to $185,639.43.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the construction contract for Smyrna Park Playground to GameTime, Inc, a uthorizes a 10% contingency, and a uthorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10

GENERAL SERVICES AGREEMENT BETWEEN
THE CITY OF CERES AND PLAYCORE WISCONSIN, INC.

This agreement for general services (“Agreement”) is entered into on May 14th, 2024 (the “Effective Date”) between the City of Ceres (“City”) and (“Playcore Wisconsin Inc.”). (“Contractor”) (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Contractor agrees to perform all services described in the proposal as Exhibit A dated May 2nd 2024, Scope of Work shall supply and install new playground equipment and engineered wood fiber at the existing Smyrna Park, located at the southeast corner of Fowler Road and Moffett in the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A & B, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Contractor completes the work described in Exhibit A, or no later than one (1) year from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.

1.2 Performance Bond. Contractor shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession.

The faithful performance bond Exhibit B shall remain in full force and effect during the period covered by this guaranty, The Contractor shall furnish a performance bond. The bond is to be executed in a sum equal to one hundred percent (100%) of the DO NOT EXCEED price. City Staff will certify that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended, or in the event that is has, that renewed authority has been granted within 10 calendar days of the insurer’s receipt of the certificate shall be required.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. In the event of termination, Contractor shall be entitled to compensation for services satisfactorily completed as of the date of written notice of termination; City, however, may condition payment of such compensation upon Contractor delivering to City documents and records identified in Section 8.1 of this Agreement.

Section 2. COMPENSATION. City hereby agrees to pay Contractor an amount NOT TO EXCEED ($168,763.12) for all work set forth in Exhibit A, and made a part of this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal regarding the amount of compensation, this Agreement shall prevail.

2.1 Invoices. Contractor shall submit invoices once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

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2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

2.3 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.

3.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident.

3.2 Commercial General and Automobile Liability Insurance. Contractor shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. At the sole option of the City, the City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City.

3.3 All Policies Requirements.

3.3.1 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ceres as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 4

3.3.2 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

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Section 4. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

4.1 Contractor shall to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against any and all claims that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the Contractor. Contractor will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liabilities”). Such obligations to defend, hold harmless and indemnity the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

Section 5. STATUS OF CONTRACTOR.

5.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.

6.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.

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General Services Agreement between
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Section 7. MODIFICATION.

7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

7.2 Assignment and Subcontracting. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.

7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

7.4 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

7.4.1 Immediately terminate the Agreement;

7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;

7.4.3 Retain a different Contractor to complete the work described in Exhibit A not finished by Contractor; or

7.4.4 Charge Contractor the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor in accordance with Section 2 if Contractor had completed the work.

Section 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

8.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving ITEM 10

General Services Agreement between
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Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Contractor’s business.

Section 9 MISCELLANEOUS PROVISIONS.

9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Stanislaus or in the United States District Court for the Eastern District of California.

9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

9.5 Contract Administration. This Agreement shall be administered by Michael Beltran, PE, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

9.6 Notices.

Any written notice to Contractor shall be sent to:

Contractor Address:
544 CHESTNUT ST.

CHATTANOOGA, TN 37402

Any written notice to the City shall be sent to:

City of Ceres Engineering
2220 Magnolia St
Ceres, CA 95307
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9.7 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

9.8 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.

9.9 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Contractor agree to resolve the dispute in accordance with the following:

Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action.

This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.

9.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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General Services Agreement between
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The Parties have executed this Agreement as of the date signed by the City.

CITY OF CERES CONTRACTOR

____________________________ ______________________________ Douglas D. Dunford , City Manager Playcore Wisconsin Inc.

Approved as to Form:

____________________________
Nubia Goldstein, City Attorney

ATTEST:

_____________________________________
Fallon Martin, City Clerk

ITEM 10

General Services Agreement between
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EXHIBIT A

SCOPE OF SERVICES

[ATTACH SCOPE OF SERVICES]

ITEM 10
Ceres City of
Attn: Michael Beltran
2720 2nd St
Ceres, CA 95307
[email protected]
Ship to Zip 95307
Quantity Part # Description Unit Price Amount
1 5958SP GameTime - VistaTree Top 1 $13,227.00 $13,227.00 1 6373 GameTime - Spin With Me $6,807.00 $6,807.00
1 6000SP GameTime - GT Edge $34,999.00 $34,999.00
1 36033 GameTime - Bongos $638.00 $638.00
1 19829 GameTime - Grand Chimes $4,663.00 $4,663.00
1 19862 GameTime - Solo Music Panel (Aluminum) $5,102.00 $5,102.00 1 INSTALL GameTime - Installation by a Certified Installer- Scope:

1. Installation of Game Time Play Equipment - GT Edge - 6000SP, Spin With Me - 6372, Tree Top 1 - 5958SP, Music Panel - 19862, Grand Chimes - 19829 & Bongos - 36033

2. Demo and dispose of existing playground equipment

3. Demo and dispose of surfacing and spoils - to a depth of 12"

4. Installation of woof fiber surfacing - compacted to a depth of 12"

5. Installation of temporary fencing around work area while project is under construction

6. Offload and store equipment at HC yard, Transport to job site once construction begins $91,868.00 $91,868.00
1 Bonds GameTime - Performance Bonds $2,979.61 $2,979.61 Contract: OMNIA #2017001134 Sub Total $160,283.61
Discount ($4,721.70)
Freight $7,866.85
Tax $5,334.36
Total $168,763.12
Comments
Supply and Installation is included in this proposal

Taxes added

JB.JP

C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
05/21/2024
Quote #
114256-01-02
CA Ceres City of, Smyrna Park Playground Enhancement

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General Services Agreement between
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EXHIBIT B

PERFORMANCE BOND

[ATTACH PERFORMANCE BOND]

ITEM 10

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Ceres (hereinafter referred to as “City”) has awarded to XXXXXXXXXXX, (hereinafter referred to as the “Contractor”) an agreement for XXXXXXXXXXXXX (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated XX/XX/XXXX, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, XXXXXXXXXX, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of XXXXXXXXXXXXX DOLLARS, ($XXX,XXX.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill al l obligations including the one -year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithful ly fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

ITEM 10
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, includi ng other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
ITEM 10

Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________

(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto

ITEM 10
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

ITEM 10

General Services Agreement between
CITY OF CERES and PLACORE WISCONSIN INC. Page 10 of 10

EXHIBIT C

CONSTRUCTION PLANS

[ATTACH CONSTRUCTION PLANS]

ITEM 10
ITEM 10
ITEM 10
ITEM 10

COUNCIL AGENDA REPORT

Waiver of Second Reading and Adoption of Ordinance No. 2024- XXXX, An Ordinance of the City Council of the City of Ceres Adding Chapter 9, Construction and Demolition Waste of Title 6, Health and Sanitation, of the Ceres Municipal Code to Establish Administrative Procedures for Documenting Compliance with Senate Bill 1374 and the California Green Building Code Standards (CalGreen) for the Diversion of 65 Percent of Construction and Demolition Debris from Landfills
RECOMMENDED COUNCIL ACTION:

St
aff recommends Council adopt Ordinance No. 2024-XXXX, reading by title only and waiving further reading, to add Chapter 9, Construction and Demolition Waste to Title 6, Health and Sanitation, of the Ceres Municipal Code to establish administrative procedures for documenting compliance with Senate Bill 1374 and the California Green Building Code Standards requirement for diverting 65 percent (65%) of construction and demolition (C&D) waste from the landfill.

I. BACKGROUND:

The Ca
lifornia Integrated Waste Management Act of 1989 (AB 939) requires that each city and county in the state reduce material sent to the landfill by fifty percent (50%). In 2002, the State of California enacted Senate Bill 1374 encouraging cities to adopt regulations to mandate the diversion of C&D waste , at a rate of 50 to 75% , to maintain compliance with Assembly Bill 939. The legislation also called for the submittal of appropriate finding or documentation that summarizes the city’s progress in diverting C&D waste.

In 2016, t
he State adopted the California Green Building Standards Code (CalGreen) which requires new residential and non-residential building construction, demolition, and certain additions/alteration projects to divert and/or salvage for reuse at least 65% of the nonhazardous waste generated from the project. Further, 100% of asphalt, concrete, and ITEM 11

land clearing debris must be recycled and all demolition projects having a total footage of more than one thousand square feet are also subject to these requirements. For non- residential additions and/or alterations to a building or tenant space, verification must be provided that all Universal Waste items are disposed of properly and diverted away from landfills.

The proposed ordinance establishes administrative procedures for documenting compliance with the California Green Building Code standards, specifically the diversion of 65% of C&D debris as part of the City’s building permit application. Permit applicants will be required to complete and submit a C&D Waste Management Plan and Waste Management Plan Report prior to, and following, project completion on the WMP and WMPR forms approved by the City and included in the permit application packet (see Attachment 3). Additionally, all weight slips, disposal receipts, and any other supporting documentation will be required as well for verification before a final occupancy permit is issued.

II. REA
SONS FOR RECOMMENDATION:

Senate Bill 1374 requires cities to have an enforceable ordinance mandating the diversion of C&D waste generated from projects within the jurisdiction. Further, reporting and record keeping requirements for C&D diversion activities necessitate methodology for the city to collect and verify compliance with these mandates. Currently, the City is vulnerable to a negative determination of compliance and susceptible to associated penalties of up to $10,000 per day.

III. F ISCAL IMPACTS:

There is no fiscal impact to the City with adoption of the ordinance; however, there will be minimal additional staff time necessary to review recycling plans and determine compliance. There is no fiscal impact to the building permit applicant unless he/she does not comply with the ordinance and a civil penalty is assessed and collected by the City.

IV. EXI STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. PO LICY ALTERNATIVES:

Council may elect not to adopt the proposed ordinance revision. This alternative is not recommended by staff as it will render the City incompliant with current State mandates and leave the City vulnerable to any penalties for violations.

VI
. INTERDEPARTMENTAL COORDINATION:

Public Works Solid Waste Division worked with Community Development ’s Building and Engineering Division staff to develop procedure for the processing and recording of documentation submitted by permit applicants related to C&D waste diversion activities.

VII. PUBL IC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

ITEM 11
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Council will consider approval of second reading and adoption of the Ordinance at a later meeting of the City Council.

A
pproved by: __________________
Douglas D. Dunford,
City Manager
A
ttachments:

1. Attachment A – Ordinance

2. Attachment B – Public Hearing Notice

3. Attachment C – Permit Application Waste Management Plan and Report Forms ITEM 11
ITEM 11

ATTACHMENT A

ORDINANCE NO. 2024-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES
ADDING CHAPTER 9, CONSTRUCTION AND DEMOLITION WASTE OF
TITLE 6, HEALTH AND SANITATION, OF THE CERES MUNICIPAL CODE

TO ESTABLISH ADMINISTRATIVE PROCEDURES FOR DOCUMENTING
COMPLIANCE WITH SENATE BILL 1374 AND THE CALIFORNIA GREEN

BUILDING CODE STANDARDS (CALGREEN) FOR THE DIVERSION OF 65 PERCENT OF CONSTRUCTION AND DEMOLITION DEBRIS FROM

LANDFILLS

WHEREAS , Senate Bill 1374 requires cities to adopt regulations to mandate the diversion of C&D waste, at a rate of 50 to 75%, to maintain compliance with Assembly Bill 939 and requires the submittal of appropriate finding or documentation that summarizes the city’s progress in diverting C&D waste; and

WHEREAS, the California Green Building Standards Code (CalGreen) which requires new residential and non -residential building construction, demolition, and certain additions/alteration projects to divert and/or salvage for reuse at least 65% of the nonhazardous waste generated from the project; and

WHEREAS, SB 1374 and CalGreen reporting and record keeping requirements for C&D diversion activities necessitate the establishment of a formal documentation procedure for the city to collect and verify compliance with these mandates.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES DOES ORDAIN AS FOLLOWS:

Title 6 - HEALTH AND SANITATION, Chapter 9: Construction and Demolition Waste, of the City Code shall be added to read as follows:

CONSTRUCTION AND DEMOLITION WASTE
Sections:

6.09.010 Definitions.

6.09.020 Threshold for covered projects.

6.09.030 Submission of waste management plan.

6.09.040 Review of waste management plan.

6.09.050 Compliance with waste management plan.

6.09.060 Infeasibility exemption.

6.09.070 Appeals.

6.09.080 Civil penalties.

6.09.010 Definitions.

ITEM 11

ATTACHMENT A

A. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, or renovation project within the city, unless otherwise specifically exempted by law.

B. “Compliance Official” means the Public Works Director, Community Development Director, the Engineering Director or either of their designated City staff person.

C. “Construction” means the building of any structure or any portion thereof including any tenant improvements to an existing facility or structure.

D. “Construction and Demolition Debris” means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

E. “Conversion Rate” means the rate set forth in the standardized conversion rate table approved by the city, pursuant to this chapter, for use in estimating the volume or weight of materials identified in a waste management plan (WMP).

F. “Covered Project” shall have the meaning set forth in Section 6.09.020(A).

G. “Deconstruction” means the systematic removal of usage items from a structure.

H. “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement, or building, whether in whole or in part and either or both interior or exterior.

I. “Divert” means to use material for any purpose other than disposal in a landfill.

J. “Diversion Requirement” means the diversion of at least 65 percent of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to this Chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Compliance Official for the covered project.

K. “Noncovered project” shall have the meaning set forth in Section 6.09.020(C).

L. “Project” means any activity which requires an application for a building or demolition permit or any similar permit from the city.

M. “Renovation” means any change, addition, or modification in an existing structure.

N. “Reuse” means further or repeated use of construction or demolition debris.

O. “Salvage” means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.

P. “Waste management plan (WMP)” means a completed waste management plan (WMP) form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered or noncovered project.

6.09.020 Threshold for covered projects.

A. Covered Projects. All construction and renovation projects within the city, which meet the California Green Building Standard requirements, shall comply with this chapter. The ITEM 11

ATTACHMENT A

cost of the project shall be the valuation ascribed to the project by the building official. In addition, all demolition projects having a total footage of more than one thousand square feet shall be a covered project. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in Sections 6.09.050(C)(3) and 6.09.080.

B. City-Sponsored Projects. All city-sponsored construction and renovation projects within the city, the costs of which are, or are projected to be, greater than or equal to one hundred thousand dollars (“covered projects”), shall comply with this chapter. The cost of the project shall be the valuation attributed to the permit issued by the Building Division. In addition, all demolition projects having a total square footage of more than one thousand square feet shall be a covered project. These city -sponsored covered projects shall submit a waste management plan to the Compliance Official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter with the exception of Section 6.09.050(C)(3).

C. Noncovered Projects. Applicants for construction, demolition, and renovation projects within the city whose permit valuations meet the California Green Building Standard requirements (“noncovered projects”) shall be encouraged to divert at least the minimum required percentage set out by the California Green Building Code.

D. Compliance as a Condition of Approval. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project.

6.09.030 Submission of waste management plan.

A. Waste Management Plan Forms. Applicants for building or demolition permits involving any covered project shall complete and submit a waste management plan on the WMP forms approved by the city for this purpose as part of the application packet for the building or demolition permit. The completed WMP shall indicate the following:

1. The estimated project construction and demolition debris, by materials type, to be generated; and

2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling; and

3. The vendor or facility that the applicant proposes to use to collect or receive that material; and

4. The estimated volume or weight of construction and demolition debris that will be landfilled.

B. Calculating Volume and Weight of Debris. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the city for this purpose.

C. Deconstruction. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall deconstruct, to the maximum extent feasible, and shall make the materials generated thereby available for salvage.

ITEM 11

ATTACHMENT A

6.09.040 Review of waste management plan.

A. Approval. Notwithstanding any other provision of this code, no building or demolition permit shall be issued for any covered project unless and until the Compliance Official has approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect the public health, welfare or safety as determined by the Compliance Official. The Compliance Official shall only approve a WMP if he or she first determines that both of the following conditions have been met:

1. The WMP provides all of the information set forth in Section 6.09.030(A); and

2. The WMP indicates that at least sixty -five percent by weight of all construction and demolition debris generated by the project will be diverted.

If the Compliance Official determines that these conditions have been met, he or she shall mark the WMP “Approved,” return a copy of the WMP to the applicant and notify the Building Division that the WMP has been approved.

B. Non-approval. If the Compliance Official determines that the WMP is incomplete or fails to indicate that at least sixty -five percent by weight of all construction and demolition debris generated by the project will be reused or recycled, he or she shall either:

1. Return the WMP to the applicant marked “Denied,” including a statement of reasons, and so notify the Planning Division; or

2. Return the WMP to the applicant marked “Further Explanation Required.”

6.09.050 Compliance with waste management plan.

A. Documentation. Prior to receiving a certificate of occupancy for the project, the applicant shall submit to the Compliance Official documentation that the diversion requirement for the project has been met. The diversion requirement shall be that the applicant has diverted the percentage of the total construction and demolition debris generated by the project via reuse or recycling that has been specified and required by the state of California, unless the applicant has been granted an infeasibility exemption pursuant to Section 6.09.060, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Compliance Official for the project. This documentation shall include the following:

1. A copy of the previously approved WMP for the project; and

2. A completed, City approved, Waste Management Plan Report (WMPR) that includes the tonnage calculation sheet (WMPR2), and Universal Waste Diversion Log (WMPR3) for applicable projects, and identifies the total waste generated for both construction and demolition, the corresponding weight for each material type, t otal recycled and non-recycled waste, and percentage of recycled waste; and

3. Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material; and

4. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all ITEM 11

ATTACHMENT A

construction and demolition debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall comply with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose as outlined on the WMPR2 tonnage calculation form.

C. Determination of Compliance. The Compliance Official shall review the information submitted under subsection A of this section and determine whether the applicant has complied with the diversion requirement, as follows:

1. Full Compliance. If the Compliance Official determines that the applicant has fully complied with the diversion requirements applicable to the project, he or she shall approve the WMP and inform the Planning Division that a certificate of occupancy can be issued.

2. Substantial Compliance. If the Compliance Official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by -case basis whether the applicant has made a good faith effort and is in substantial compliance with this chapter. In making this determination, the Compliance Official shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the Compliance Official determines that the applicant has made a good faith effort to comply with this chapter and is in substantial compliance, he or she shall approve the WMP and inform the Planning Division that a certificate of occupancy can be issued.

3. Noncompliance. If the Compliance Official determines that the applicant is not in substantial compliance with this chapter, or if the applicant fails to submit the documentation required by subsection A of this section, then the applicant shall pay a civil penalty as prescribed in Section 6.09.080.

D. Falsification of Records. If the applicant deliberately provides false or misleading data to the city in violation of this chapter, the applicant may be subject to penalties in addition to those specified in Section 6.09.080. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys’ fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this chapter.

E. Final Approval. All conditions of this chapter shall be met prior to final approval by the Building Division.

6.09.060 Infeasibility exemption.

A. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required ITEM 11

ATTACHMENT A

under Section 6.09.030(A). The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

B. Meeting with Compliance Official. The Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the Compliance Official shall determine whether it is possible for the applicant to meet the diversion requirement.

C. Granting of Exemption. If the Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The Compliance Official shall return a copy of the WMP to the applicant marked “Approved for Infeasibility Exemption” and shall notify the Planning Division that the WMP has been approved.

D. Denial of Exemption. If the Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty days to resubmit a WMP form in full compliance with Section 6.09.030(A). If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 6.09.030(A), the Compliance Official shall deny the WMP in accordance with Section 6.09.040(B).

6.09.070 Appeals.

A. Contents of Appeals. An appeal of the Compliance Official’s decision may be made to the City Manager in writing no more than ten days after the Compliance Official’s decision.

The decision of the City Manager shall be final. The appellant must specifically state in the notice of appeal:

1. The name and address of the appellant and appellant’s interest in the decision; and

2. The nature of the decision appealed from and/or the conditions appealed from; and

3. A clear, complete, but brief statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate; and

4. The specific facts of the matter in sufficient detail to notify the city. The appeal shall not be stated in generalities.

B. Acceptance of Appeal. An appeal shall not be accepted by the City Manager unless it is complete.

6.09.080 Civil penalties.

A. Civil Penalty. If the Compliance Official, or, upon appeal, the City Manager, determines that an applicant is in noncompliance as described in Section 6.09.050(C)(3), the applicant shall pay a civil penalty in the amount calculated as two percent of the total project valuation. Until the civil penalty is paid, a certificate of occupancy may be withheld ITEM 11

ATTACHMENT A

by the Planning Division.

B. Enforcement. The city attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the city of Ceres.

SECTION 3. T his ordinance shall take effect thirty (30) days after its passage by the City Council and following the affirmative vote of a majority of the members of the City Council.

Within 15 days of its adoption, a summary of the ordinance shall be published in t he Ceres Courier, a newspaper of general circulation, circulated and published in the City of Ceres, State of California, which summary shall include the names of those Council Members voting for and against the ordinance. A certified copy of the full text of such adopted ordinance or amendment shall be on file in the office of the City Clerk.

SECTION 4
. CERTIFICATION. This Ordinance was introduced at a regular meeting of the City Council held on the 10th day of June 2024, and passed and adopted as Ordinance No. 2024-XXXX at a regular meeting of City Council held on the 24th of June 2024, by the following vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_________________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney

ITEM 11
ITEM 11
{CW116206.2}
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 10 th, 2024 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 Ordinance of the City Council of the City of Ceres adding Chapter 9, Construction and Demolition Waste of the Title 6 – Health and Sanitation to the Ceres Municipal Code.

The California Integrated Waste Management Ac t of 1989 (AB 939) requires that each city and county in the state reduce material lan dfill by fifty percent (50%). In 2002, the State of California adopted Senate Bill 1374 encouraging cities to adopt regulations to mandate the diversion of construction and demolition (C&D) debris, at a diversion rate of 50 to 75% to maintain compliance with Assembly Bill 939. The legislation also called for the submittal of appropriate findings or documentation that summarizes the city’s progress in diverting C&D debris. Further, in 2016, the State adopted the California Green Building Standards Code (CalGreen) which re quires new residential and non-residential building construction, demolition, and certain additions/alteration projects to divert and/or salvage for reuse at least 65% of the nonhazardous waste generated from the project.

The proposed ordinance establishes adm inistrative procedures for documenting compliance with the California Green Building Code standards including the diversion of 65% of C&D debris from landfills to ensure alignment with current rules, regulations and requirements mandated by the State.

All Interested parties are invited to attend said hearing and express opinions or submit evidence for or against the proposal as outlined above.

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Stre et 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: May 29, 2024
$WWDFKPHQW%
ITEM 11
ITEM 11

Ensure that any and all subcontractors for the project understand and agree to the CALGreen regulations and City of Ceres C&D Waste Management requirements and have signed the Contractor Acknowledgement form (WMP2) for verification.

Keep all receipts and weight tickets provided by the hauler and recycling vendors to be submitted as part of the Waste Management Plan Report (WMPR) to the City upon project completion.

Once the project is complete, use the Tonnage Calculation Sheet (WMPR2) to convert weights into the appropriate measure. This form must be submitted along with the WMPR at the project completion for final approval.

Complete the Waste Management Plan Report (WMPR) and attach the Tonnage Calculation Sheet (WMPR2), all receipts and weight tickets, and for applicable projects the Universal Waste Diversion Log (WMPR3) and submit to the City within 14 days of the project completion.

COMPLIANCE GUIDE & PROJECT CHECKLIST
City of Ceres
Complete, sign, and submit the CONSTRUCTION & DEMOLITION WASTE MANAGEMENT PLAN (WMP) prior to starting your project. Include signed Contractor(s) Acknowledgement form (WMP2) if applicaple and signed Terms and Conditions (WMP3).

If you plan to utilize any other organization for recycling services, please refer to the attached RESOURCE LISTING for referals to City-approved vendors that accept recyclable materials and salvaged items. If you plan to collect debris on-site and have it transported off-site by an outside hauler, Bertolotti Disposal is the City's exclusive franchise hauler and only permitted collector allowed to provide these services. Contact Bertolotti Disposal at (209) 537-1500 to arrange for C&D collection and hauling services in advance of starting work on the project.

To assist with compliance, the City of Ceres requires permit applicants to submit the Waste Management Plan (WMP, WMP2, & WMP3) prior to project start and a Waste Management Plan Report (WMPR, WMPR2, & when applicable WMPR3) within 14 days after project completion.

Please refer to the following checklist and provided resource guides to ensure all required documentation is included for final permitting approval.

CHECKLIST
The California Green Building Standards Code (CALGreen) requires new residential and non- residential building construction, demolition, and certain additions/alteration projects that are subject to City permitting requirements, to divert and/or salvage for reuse at least 65% of the nonhazardous construction and demolition waste generated during the project duration. Further, 100% of asphalt, concrete, and land clearing debris must be recycled and all demolition projects having a total footage of more than one thousand square feet must comply with the requirements of the City of Ceres permitting process. For non-residential additions and/or alterations to a building or tenant space, verification must be provided that all Universal Waste items are disposed of properly and diverted away from landfills.

Construction & Demolition (C&D) Waste Management Requirements and CALGreen Building Standards
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ITEM 11
Project Type: (check appropriate box)
Commercial Construction
Job Site Address: Residential Construction
State: Roofing
Swimming Pool
Applicant Name: Electrical
HVAC
City: Zip: Demolition
Solar Installation
Applicant Role: Owner Contractor

1. How do you plan to dispose of the debris that is generated from your project? I will be using services by Bertolotti Disposal (the City of Ceres franchise waste hauler) I will self-haul debris to __________________________________ (See resource listing included) (please use back of this page to identify additional recycling vendors to be used)

2. Construction debris generated from the project will be:

3. What type of materials will be generated by your project?

Salvaged Items (fixtures/furniture)

Applicant Signature Date
Print Name Title (owner/contractor/agent)
Ph:

Other: __________________________________________________________________________________

4. If your project is a non-residential addition and/or alteration to a building or tenant space, you must provide verification that all Universal Waste items such as flouorescent lamps and ballasts and mercury containing thermostats are disposed of properly and diverted away from landfills by submitting the Universal Waste Diversion Log (WMPR#3) upon completion of this project. Will your project require a WMPR#3 submittal at the completion of your project?
WMP#1 (of 3)
Construction & Demolition Waste Management Plan (WMP)
Please submit this form prior to starting your project.

Project Name:

City:

Permit #:

Bricks/Rocks
Glass/Windows
Sorted on-site Co-mingled (mixed waste)
Asphalt Cardboard
Other: ___________________
Applicant Address:

Project Sq.Ft.:

Zip:

Application Date:

Lumber/Wood
Concrete/Cement
Dirt/Clean Fill Metals
Drywall/Sheetrock
Roofing Materials Composite
Yes, I will be submitting a WMPR#3 No, a WMPR#3 is not required As the owner of, or agent for this permit application, I understand that by signing this form, the permit applicant agrees to the Terms and Conditions, is responsible for the debris generated under this project, and will comply with the City's recycling and reporting requirements, even if the work is performed by a subcontractor or third pary. I understand that failure to comply may result in penalties with or without associated fines and/or citations.

ITEM 11
Job Site Address:

State:

Owner's Name:

Date Company Signature
WMP#2 (of 3)
Ph:

CONTRACTOR ACKNOWLEDGEMENT - WMP2
My signature below confirms that I have reviewed and agree to comply with the California Green Building Standards (CALGreen) Construction & Demolotion Debris Diversion Requirements and adhere to City of Ceres C&D Waste Management Program requirements as provided in the Terms and Conditions of this agreement.

All subcontractors performing any work involved in the named project below, must sign this form to acknowledge their agreement and intent to comply with the CALGreen C&D diversion and City of Ceres C&D Waste Management requirements.

Permit #: Date:

Project Name:

City: Zip:

ITEM 11

1. 2.

2. 3.

4. 5.

6. 7.

Applicant Signature Date
Print Name Title (owner/contractor/agent)
TERMS AND CONDITIONS- WMP3
Waste Management Plan for Construction & Demolition Debris City of Ceres
WMP#3 (of 3)
65% of all construction and demolition debris generated and 100% of asphalt, concrete, and land clearing debris must be recycled.

Universal Waste: Non-residential additions and alterations to a building or tenant space shall require verification that Universal Waste items such as fluorescent lamps and ballasts and mercury containing thermostats are disposed of properly and diverted away from landfills.

This project shall generate the least amount of waste possible by planning and ordering carefully, following all proper storage and handling procedures to reduce broken and damaged materials, and reusing materials whenever possible. The majority of the waste that is generated on this jobsite will be diverted from the landfill and recycled for other use.

Only the City's franchised waste hauler, Bertolotti Disposal, may be hired to collect and transport trash or C&D materials off the jobsite. Further, any materials self-hauled from the jobsite for recycling must be taken to a City-approved recycler.

A Waste Management Plan (WMP) must be submitted and approved prior the project start and before a building permit will be issued.

As part of the WMP, the Contractor Acknowledgement Form (WMP2) must be completed for each subcontractor working on the project to document that they have read and understand the conditions of the WMP for the project. Waste prevention and recycling activities will be disussed at meetings with all subcontractors and materials to be salvaged will be identified in advance and contractors will be instructed on the procedures for handling all C&D debris.

A Waste Management Plan Report (WMPR) that includes all supporting receipts/weight tickets and tonnage calculation sheet (WMPR2), and Universal Waste Diversion Log (WMPR3) must be completed and submitted to the City upon completion of the project. The WMPR will identify the total waste generated for both construction and demolition, the corresponding weight for each material type, total recycled and non-recycled waste, and percentage of recyced waste (min. 65% and 100% of asphalt, concrete, and land clearing debris, and for applicable projects 100% of Universal Waste).

All receipts and/or weight tickets from your projects must be retained and provided to the City along with the Waste Management Plan Report (WMPR) prior to final inspection and before occupancy permit is issued.

My signature below confirms my understanding and agreement to the Terms and Conditions stated above and compliance with the requirements of the Waste Management Plan.

ITEM 11
Project Type: (check appropriate box)
Commercial Construction
Job Site Address: Residential Construction
State: Roofing
Swimming Pool
Applicant Name: Electrical
HVAC
City: Zip: Demolition
Solar Installation
Applicant Role: Owner Contractor
Material Type Tons Recycled/
Reused
Tons Disposed
(landfill)
Percentage
Recycled/ Reused
Asphalt
Brick/Rocks
Cardboard
Concrete-Cement
Dirt/Clean Fill
Drywall/Sheetrock
Glass/Windows
Lumber/Wood
Metals
(AC, water heater)
Mixed Construction
Materials
Plastic
Roofing Composite
Salvaged Items
Green Waste
Other (Please Specify)
_________________
Total Material
By signing below you are acknowledging that all information provided is true and correct to the best of your knowledge and are liable for any falsified information and penalty violations
WMPR (1 of 3)
Construction & Demoloition Waste Management Plan Report (WMPR) Please complete and submit this form within 14 days of project completion.

Permit #: Application Date: Project Sq.Ft.:

YOU MUST PROVIDE RECEIPTS AND/OR WEIGHT SLIPS FOR VERIFICATION Other: ___________________
Project Name:

City: Zip:

Ph:

Applicant Address:

Method of Transport (Self-Haul, Site
Collection)Taken To
Use the WMPR2 Form to calculate your percentage of recycled/reused materials ITEM 11
WMPR (2 of 3)
How to Convert Pounds into Tons:

To convert pounds to tons, divide the number of pounds by 2000 EXAMPLE: 3350 lbs =
Tons per
Cubic Yard
How to Convert Cubic Yards into Tons: 0.69
* Select the type of material from the chart to the right 1.51 * Multiply the corresponding material amount by the total number of 0.05

0.93 1

0.2 0.17
EXAMPLE: 5 Cubic Yards of
Asphalt = 0.17

0.21 0.45
How to Calculate the Diversion Rate:

0.25 0.05
Recycled and
Reused
Recycled and
Reused
______ = ______ ______ = ______
______ = ______ ______ = ______
______ = ______ ______ = ______
______ = ______ ______ = ______
______ = ______ ______ = ______
______ = ______ ______ = ______
Cubic Yard to Tons = (Tons per Cubic Yard) x (Total # of Tons) (0.69) x (5) = 3.5 Tons of Asphalt
Pounds to Tons = (# of lbs / (2000)
(3350) / (2000) = 1.675 Tons
WEIGHT CONVERSION CALCULATION FORM- WMPR2
Please use this form to convert your disposal weights into tons.

Final weight totals must be reported in tons on your projects WMPR submission.

X 100
Brick
Concrete
Dirt/Clean Fill
Drywall/Sheetrock
Lumber
Plastic
Roofing Materials
Metals
Mixed Materials
Green Waste
= %
Material Type
Cardboard
recycled tons + reused tons
recycled tons + reused tons + disposed tons
(4) + (6) X 100 = 77%
cubic yards recycled/reused
Recycled Tons = 4
Reused Tons = 6
Disposed of Tons = 3
EXAMPLE:

To determine the percentage of material recycled/reused, divide the number of tons that were recycled/reused by the TOTAL tonnage generated by this job.

Diversion
Rate=

FOR YOUR USE
Asphalt
Concrete (0.93) x
Dirt/Clean Fill (1) x
Drywall/Sheetrock (0.2) x
Metals (0.45) x
Mixed Materials (0.25) x
Green Waste (0.05) x
Asphalt (0.69) x
Brick (1.51) x
Cardboard (0.05) x
Lumber (0.17) x
Plastic (0.17) x
Roofing Materials (0.21) x
=
4 + 6 + 3
ITEM 11
WMPR (3 of 3)
Job Site Address:

State:

Applicant Name:

Applicant Role: Owner Contractor

QUANTITIES
This form and all supporting weight tickets must be submitted with the WMPR.

UNIVERSAL WASTE DIVERSION LOG- WMPR3
Required for Non-Residential Additions and Alterations to a Building or Tenant Space Project Name:

Ph:

WASTE MATERIAL RECEIVING FACILITY
This form may be used to log all materials diverted OR provide a Waste Diversion Report from the waste hauling company that documents the same information.

City: Zip:

Batteries
Fluorescent Lamps
High Intensity Discharge Lamps
Sodium Vapor Lamps
Mercury Lamps
Mercury Thermostats
Mercury Switches
Mercury Gages
Dilators and Weighted Tubing
Non-empty Aerosol Cans
Cathode Ray Tubes
(TV & Computer Glass)
Electronic Devices
Other: ________________________
Other: ________________________
Gas Flow Regulators
Counterweights and Dampers
Other Mercury Containing Equip.

ITEM 11

DECONSTRUCTION SERVICES
Habitat for Humanity ReStore The ReUse People
4933 West Lane 9235 San Leandro Street
Stockton, CA 95210 Oakland, CA 94603
(209) 465-5054 (510) 383-1983
email: [email protected] (888) 588-9490
http://www.sjchabitat.org thereusepeople.org
Company Address City Phone Website
Asphalt
Brick
Cardboard
Concrete
Cement
Ceramics
Dirt/Clean Fill
Drywall/Sheetrock
Glass
Lumber/Wood
Metals
Mixed Recyclable Materials
Plastic
Pallets
Plastic Pallets
Roofing-Composition
Roofing- Wood Shingles
Salvaged Items
A&S Metals 1616 Angelo Way Modesto (209)537-4766 asmetals.com xx American Recycling 2070 Morgan Rd. Modesto (209)537-4410 americanrecyclingca.com xx Central Valley Agricultural Grinding Inc. 5509 Langworth Rd. Oakdale (209) 869-1721 www1.cv-ag.com/central-valley-ag-grinding xx Ceres Recycling Center 3940 Moffett Rd. Ceres (209)541-0711 xx FTG (Frank Alegre) 915 W. Anderson St. Stockton (209)334-2112 xx xx x Go Green Recycling 2413 Yosemite Blvd. Modesto (209)578-5857 gogreenmodesto.com xxx Granite Construction 10500 S. Harlan Rd. French Camp (209)982-1484 www.graniteconstruction.com xx Habitat for Humanity 630 Kearney Ave. Modesto (209)575-4585 x Jim Newell's Iron & Metal 228 Empire Ave. Modesto (209)402-8420 jnmetals.com x K & D Enterprises, Inc. 4107 Morgan Rd. Ceres (209) 538-8492 xx x x K & K Electronics 3422 Oakdale Rd. Modesto (209)551-0500 knkelectronics.com x Modesto Junk Company 1425 9th St. Modesto (209)522-1435 modestojunk.com xxx Modesto Sand & Gravel Co. 6139 Hammett Ct. Modesto (209) 545-1325 www.modestosandandgravel.com Recology Grover Environmental 6133 Hammett Ct. Modesto (209)545-7718 www.recology.com/companies.htm xxxxxxxxxxxxx x x x ReUse People 6350 27th St. Sacramento (209)241-3614 thereusepeople.org x Riverbank Recycling 2780 Patterson Rd. Riverbank (209)863-8641 x Stockton Shingle dump- SPT 10500 S. Harlan Rd. French Camp (916)533-8013 x Sierra Wood Shavings 938 E. French Camp Rd. French Camp (209)982-0552 www.sierrawoodshavings.com xx The New Tin Yard 623 Kansas Ave. Modesto (209)522-6456 www.thenewtinyard.net x United Facilities, Inc. 3535 Periman Dr. Stockton (209)470-1469 xx x x UNKE, Inc. 9200 Claribel Rd. Oakdale (209)538-8492 x

DROP OFF RECYCLING FACILITIES
Deconstruction is a cost saving alternative to traditional complete demolition by recycling, reusing or donating materials for tax write offs, instead of disposing them in landfills. The advantages of deconstruction may include tax deductions for material donations, cost-savings by reusing materials, preservation of vintage architecture, and avoidance of city fines and permit delays.

Salvaged items in working condition, such as double-pane windows, lighting fixtures, sinks, cabinets, ceiling fans, doors, etc., can be dropped off at:

RESOURCE LIST
accepts PVC
accepts household appliances
accepts household appliances
KEEP RECEIPTS/WEIGHT TICKETS TO SUBMIT WITH WMPR Materials Accepted for Recycling Will take E-waste too
charge if dirty/rebar
Clean only
Working condition only
Additional Notes
anything metal
ITEM 11

COUNCIL AGENDA REPORT

Resolution No. 2024- XXX, Approving a Letter of Support from the Ceres City Council to Present to Stanislaus Regional Transit Authority for the Transit and Intercity Rail Capital Grant Program (TIRCP)
RECOMMENDED COUNCIL ACTION:

Appr
oving the resolution regarding a letter of support from the Ceres City Council for Stanislaus Regional Transit Authority (StanRTA) for the Transit and Intercity Rail Capital Grant Program.

I. BACKGROUND:

The St
anislaus Regional Transit Authority (StanRTA) is applying for the Transit and Intercity Rail Capital grant program (TIRCP), which will include $25 million to construct the Next Generation Operations and Maintenance Facility in Modesto. This new facility will provide hydrogen fueling infrastructure to convert the vehicle fleet to 100% zero emission and create additional space to accommodate transit growth the communities we serve.

II. REASO
NS FOR RECOMMENDATION:

III. FISCAL IMPACTS:

N/A
IV. EXI
STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
ITEM 12
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Staff will prepare the letter of support for the mayor’s signature and deliver to StanRTA.

Approved by: ____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Letter of Support
ITEM 12

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A LETTER OF SUPPORT FROM THE CERES CITY

COUNCIL TO PRESENT TO STANISLAUS REGIONAL TRANSIT

AUTHORITY FOR THE TRANSIT AND INTERCITY RAIL CAPITAL

GRANT PROGRAM (TIRCP)

THE CITY COUNCIL
City of Ceres

WHEREAS, Stanislaus Regional Transit Authority (StanRTA) is requesting a letter of support from the Ceres City Council for the Next Generation Operations and Maintenance Facility in Modesto; and

WHEREAS, the project will provide hydrogen fueling infrastructure to convert the vehicle fleet to 100% zero emission; and

WHEREAS, the project will also create additional space to accommodate transit growth.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby approves a letter of support from the Ceres City Council to present to Stanislaus Regional Transit Authority for the Transit and Intercity Rail Capital Grant Program (TIRCP).

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of June 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor

ATTEST:

________________________________
Fallon Martin, City Clerk
ITEM 12
ITEM 12

ATTACHMENT B

CITY OF CERES
2220 Magnolia Street
Ceres, CA 95307
(209) 538-5700

June 6,
2024
Chad R
. Edison, Chief Deputy Secretary for Rail and Transit
California State Transportation Agency
400 Capitol Mall, Suite 2340
Sacramento, CA 95814
RE
: Letter of Support – 2024 Transit and Intercity Rail Capital Program (TIRCP) for the Stanislaus Regional Transit Authority
Dear
Mr. Edison:

The Ci
ty of Ceres strongly supports the Stanislaus Regional Transit Authority (StanRTA) funding application requesting $25,000,000 for the construction of the Next Generation Zero-Emission Bus Operations and Maintenance Facility, also known as the Stanislaus Transportation Center (STC). The project includes the construction of a maintenance and operations facility to meet the growing demands of the regional public transportation system and to deploy zero emission bus fueling infrastructure. The new facility will provide an efficient and modern transportation center in Stanislaus County.

St
anRTA is currently leasing a facility for its bus maintenance. The facility is undersized as it was originally designed for a smaller fleet of about 90 vehicles. StanRTA currently operates over 130 vehicles. There is no opportunity for fleet expansion within the current property area due to the site constraints on all sides of the facility. It also lacks the capacity to support the necessary infrastructure to transition to zero-emission buses.

The new facility will provide the additional space required to accommodate the infrastructure needed for hydrogen fuel cell buses.

Upon t
he completion of the STC, StanRTA will have the capability to plan and build its Bus Rapid Transit (BRT) corridor featuring zero- emission buses. The BRT system will be an effective and affordable solution to address the growing demand for public transit and traffic congestion in Stanislaus County. The BRT route will connect key points of interest and provide fast, reliable, and comfortable transportation for commuters.

The ST
C will be designed to meet the growing demands of the regional public transportation system. It will provide a modern and efficient facility to support the zero

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist.2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 12
emission bus operations and maintenance of the fleet, ensuring that vehicles are in excellent condition and ready to provide reliable service to the community. The STC will feature state -of-the-art equipment and technology to support the maintenance and repair of buses, including multiple vehicle maintenance bays, parts storage, wash bays, and fueling stations.

Sev
eral benefits will arise from the construction of the STC. These include greenhouse gas reduction, enhanced service reliability, expanded service offerings, and improved frequency and connectivity, all of which contribute to increased ridership. With the completion of the STC, StanRTA will have the capacity to procure zero- emission buses that will reduce greenhouse gas emissions. It will allow for more efficient maintenance and servicing of buses, contributing to increased reliability of transit services. Moreover, the STC will allow StanRTA to expand its bus fleet without any capacity constraints.

Lastly, the establishment of the STC will improve bus frequency and connectivity, including the development of a BRT, which will enhance schedule coordination and facilitate smoother transfers between different bus routes. These enhancements will make transit a more appealing and competitive option for customers in Stanislaus County.

The Ci
ty of Ceres fully supports the Stanislaus Regional Transit Authority‘s pursuit of TIRCP funding for this project. The project will support the region’s efforts to invest in transit facilities. This project will persist in its commitment to serving disadvantaged communities by reducing transportation disparities and providing increased access to opportunities for communities that have historically been underserved by traditional transportation options.

The Ci
ty of Ceres concurs with the project and requests your review and approval of this grant application.

Sinc
erely,
Jav
ier Lopez, Mayor
City of Ceres
ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Ja
mes Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 24, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Delilah Vasquez, Human Resources Director
[email protected], (209) 538-5772
SUBJECT:

Resolution No. 2024- XXX, Ratifying the Memorandum of
Understanding between the City of Ceres and the First Line Supervisor Group and Authorizing the City Manager to Execute the Memorandum of Understanding
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council ratify the Memorandum of Understanding with the First Line Supervisor Group (FLSG) to be effective July 1, 2024.

I. BACKGROUND:

The Mem
orandum of Understanding with the First Line Supervisor Group expires on June 30, 2024. The City’s negotiating team has been meeting with the group under the parameters set by the City Council.

II. REASO NS FOR RECOMMENDATION:

The City has reached agreement on all terms and conditions of employment with the FLSG Association (Attachment B). On June 11, 2024, tentative agreement was ratified by this Group. The main provisions of the MOU agreement are as follows:

Wage I
ncrease:
• An 8% wage increase the first full pay period following July 1, 2024.

Boot
Allowance:
• Increased the annual boot allowance to $250.00.

Shi
ft Differential for Police Dispatch Supervisor
• 2.5% shift differential for swing shift.
• 5.0% shift differential for graveyard shift.

ITEM 13
On-Call
• Compensation for employees who are required to handle telephone calls and related work from home shall be paid for the actual minutes worked at a rate of time-and-one-half. Time worked will be rounded to the nearest quarter hour in which they are on the phone or handing work that is related to a phone call.

Health Benefits
• Effective January 1, 2025, the City shall contribute the following amounts toward the combined premiums to medical, dental, and vision on a semi-monthly basis:
• $405 semi -monthly ($810 monthly) for employees enrolled in Employee Only medical coverage.
• $800 semi -monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.
• $1,125 semi -monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

Elimination of Voluntary Benefits
• $50 semi-monthly over 24 pay periods eliminated.

III. F
ISCAL IMPACTS:

Funding for this recommendation is included in the Fiscal Year 2024-2025 Budget.

IV. EXI STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Government operations: Provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped, and sufficient staff who partners with other public agencies to provide efficient services.

V. PO
LICY ALTERNATIVES:

Council can choose not to approve the contract.

VI. I NTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBL IC PARTICIPATION:

N/A
VIII. ENVI RONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval, the City Manager will sign the agreement and the conversion process will begin. The Human Resources Department will handle the conversion and coordinate updates to the City’s website as appropriate.

ITEM 13

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Tentative Agreement

3. Attachment C – Memorandum of Understanding
ITEM 13
ITEM 13

ATTACHMENT A
RESOLUTION NO. 2024-XXX

RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF CERES AND THE FIRST LINE SUPERVISOR GROUP

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

MEMORANDUM OF UNDERSTANDING

THE CITY COUNCIL
City of Ceres

WHEREAS, the Memorandum of Understanding between the City of Ceres and the FLSG Bargaining Unit expires on June 30, 2024; and

WHEREAS, the City’s negotiating team and First Line Supervisor Group have met and conferred regarding terms and conditions of employment, reaching tentative agreement as set forth in “Attachment B” hereto attached; and

WHEREAS, the Parties have executed the Memorandum of Understanding as set forth in “Attachment C” hereto attached.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the Memorandum of Understanding between the City of Ceres and the First Line Supervisor Group and authorizes the City Manager to execute the Memorandum of Understanding.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 13
ITEM 13

ATTACHMENT B

THE CITY OF CERES AND FIRST LINE SUPERVISOR GROUP

SUCCESSOR AGREEMENT
06/11/24
1) Term – 1 Year, expiration June 30, 2025.

2) Wage Increase:
• 8% upon ratiﬁcation and council approval the ﬁrst full pay period following July 1, 2024.

3) Boot Allowance
• Increased up to $250.00 per year.

4) Shift Differential for Police Dispatch Supervisor
• 2.5% shift differential for swing shift.
• 5.0% shift differential for graveyard shift.

5) On-Call
• Compensation for employees who are required to handle telephone calls and related work from home shall be paid for the actual minutes worked at a rate of time-and-one half. Time worked will be rounded to the nearest quarter hour in which they are on the phone or handling work that is related to a phone call.

6) Health Beneﬁts
• Effective January 1, 2025, the City shall contribute the following amounts to toward the combined premiums for medical, dental, and vision on a semi-monthly basis:
o $405 semi-monthly ($810 monthly) for employee enrolled in Employer-Only medical coverage.
o $800 semi-monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.
o $1,125 semi-monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

7) Elimination of Voluntary Health Beneﬁts
• $50 semi-monthly over 24 pay periods eliminated.

ITEM 13
ITEM 13

AGREEMENT

BETWEEN CITY OF

CERES AND FIRST

LINE SUPERVISOR
GROUP

2024
EFFECTIVE THROUGH JUNE 30, 2025

CITY OF CERES |

ATTACHMENT C
ITEM 13
1 Table of Contents
SECTION I. TERM 3
SECTION II. MEMBERSHIP 3
A. Representation: 3
B. Rights: 4
C. Job Titles: 4
D. Dues Deduction: 4
E. Hold Harmless 4
F. Roster and Orientation: 4
SECTION III. CITY RIGHTS 5
SECTION IV. RETIREMENT 5
A. Retirement Contribution: 5
B. 30 Years of Service: 5
C. Classic Member: 6
D. New Member: 6
E. Sick Leave Conversion: 6
F. Deﬁnition of Retirement 7
G. PEPRA: 7
SECTION V. BENEFITS 7
A. Term Life 7
B. Health Beneﬁts 8
SECTION VI. OVERTIME AND PAY INCENTIVES 9
A. Overtime 9
B. Standby Time 11
C. On-Call/Call back 11
D. Shift Diﬀerential – Police Dispatch Supervisor Only 12 E. Out of Class Assignments 12
SECTION VII. LEAVE PROVISIONS 13
A. Holidays 13
B. Vacation 13
C. Sick Leave 14
D. Bereavement Leave 15
SECTION VIII. UNIFORMS AND WORK BOOTS 16
ITEM 13
2 SECTION IX. COMPENSATION 17
A. Salaries 17
B. Classic Member Pay 17
C. Salary Steps 17
SECTION X. EXTENSION OF RE-EMPLOYMENT LIST 18
SECTION XI. NO CESSATION OF WORK 18
SECTION XII. ENTIRE AGREEMENT 18

ITEM 13
3 AGREEMENT BETWEEN CITY OF CERES AND

FIRST LINE SUPERVISORS/CONFIDENTIAL GROUP

THIS AGREEMENT shall be the sole document governing salary and fringe benefits applicable to members of the First Line Supervisors/Confidential Group and is all encompassing and supersedes all previous agreements entered into between the City of Ceres and the First Line Supervisors/Confidential Group. No provision of this agreement shall negate any provision in any existing City Ordinance, Resolution, or any other policy of the City Council or any existing departmental procedures or policy.

SECTION I. TERM
This agreement for salary and employee benefits shall remain in effect through June 30, 2025.

SECTION II. MEMBERSHIP
A. Representation: The City of Ceres and the First Line Supervisors/Confidential Group agree that for purposes of administration, this agreement shall pertain to the following positions:

Account Clerk II – Confidential
Accountant
Administrative Secretary-Confidential
Code Enforcement Supervisor
Deputy City Clerk
Facility Maintenance Supervisor
Fleet Services Supervisor
Human Resources Analyst
Human Resources Technician
Landscape Maintenance Supervisor
Payroll Technician I/II
Police Dispatch Supervisor
Recreation Supervisor
Revenue & Customer Service Supervisor
Senior Account Clerk – Confidential
Streets Maintenance Supervisor
ITEM 13
4 B. Rights: The City shall have the right to extend this agreement to or modify the above to include other positions as it may deem necessary for the conduct of City business.

C. Job Titles: The classification or job titles used above are for descriptive purposes only. The use of these job titles is neither an indication nor a guarantee that these classifications or titles will continue to be utilized by the City, and neither is it an assurance by the City that the position(s) will be filled when vacant.

D. Dues Deduction: Upon receipt of assignment forms requested by the member, the City agrees it will deduct each month a voluntary membership contribution. The City will make all deductions in the event a member quits or is discharged before final payment of such member. Amounts so deducted will be forwarded to the Association by the fifteenth (15 th) day of the month along with
the remittance copy of the invoice listing the names of the members from whose pay the contribution has been deducted.

Hold Harmless : The First Line Supervisors/Confidential Group shall defend, indemnify, and hold the City harmless from any and all liability resulting from any claims, demands, lawsuits, or any other action arising from compliance with the voluntary membership contribution provision in this Agreement.

F. Roster and Orientation: The City shall provide the Group with a roster of current bargaining unit members every 120 days, identifying the member, whether they are a union member. The City shall give the Group a minimum of two business days’ notice prior to the orientation of a new bargaining unit member.

Wastewater Systems Supervisor
Water Distribution Supervisor
ITEM 13
5 SECTION III. CITY RIGHTS
It is understood and agreed that it is the interest and prerogative of the City to operate and manage its affairs to the full extent of the law. Included in, but not limited to those duties and powers are the exclusive prerogative to: determine its organization; direct work of its employees, determine the times and hours of site operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required to maintain the efficiency of employer operations; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work; and take appropriate action on any matter in the event of an emergency. The City retains the rights to hire, lay-off, assign, evaluate, promote, transfer, terminate, and rehire employees, as long as it does not violate the provisions of this Agreement. It is understood and agreed that applicable law governs this provision and that it is in the party’s interest and the prerogative of the City to operate and manage its affairs to the full extent of the law.

SECTION IV. RETIREMENT
A. Retirement Contribution: Except for “new members” as defined below in Subsection D, the employee contribution for retirement will be as follows:
• 100% of the amount of the employee share of the current fiscal year retirement rate. Said member’s contribution shall be vested in the name of the employee as permitted under the rules and regulations of the 1937 Act Stanislaus County Retirement System.

B.
30 Years of Service: Upon 30 years of service, or maximum employee benefit contribution requirement under the 1937 Act Stanislaus County Retirement System, the City shall continue to pay only the qualifying employee’s portion of the retirement contribution into a City-approved ITEM 13
6 deferred compensation program. The employee must designate in writing to Payroll into which plan the funds are to be disbursed. The deferred compensation contribution, in lieu of the retirement payment, shall be effective with the first payroll period fo llowing the employee’s satisfaction of the 1937 Act maximum contribution requirement. The City’s maximum obligation for deferred compensation contribution in lieu of retirement payments for the remainder of the member’s tenure with the City will be only for that actual amount being paid by the City for the employee portion when the member attained thirty (30) years of service or maximum employee benefit contribution requirements under the 1937 Act.

Classic Member: Effective July 1, 2004, the City provided enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.14, commonly known as 2% at 55 for the members of this group, calculated on the single highest year of compensation.

D. New Member: Unit members hired on or after January 1, 2013, and designated as “new members” to StanCERA who are miscellaneous employees shall be enrolled in the 2% at 62 retirement formula as required by law under the California Public Employees’ Pension Reform Act (PEPRA – AB 340/SB 197).

As required under PEPRA, “new members” shall:

1. Individually pay an initial Member contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said “new member” is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater, and

2. Have “final compensation” measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months.

Sick Leave Conversion: Upon retiring from the City of Ceres in good standing, a member of this ITEM 13
7 group shall be compensated for 50% of the unused accumulated sick leave. A member 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 to a deferred compensat ion account.

Sick leave shall be paid or contributed to the employee’s individual deferred compensation account at the current salary rate then being paid to the employee by the City of Ceres.

F. Deﬁnition of Retirement : For the purpose of this Section, the term “retiring” is defined, understood and intended to mean, an 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 the 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 the 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 the member for deferral of retirement payments, i s not considered as “retiring” for the purpose of eligibility to receive payment for a portion of any unused sick leave benefit as defined herein.

PEPRA: Any provision in this Agreement which contradicts any provision of PEPRA, shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and effect.

SECTION V. BENEFITS
A. Term Life

1. The City shall provide each member covered by this agreement with a City -paid term life insurance policy equal to one-time annual base salary not to exceed $50,000 policy value.

2. The City 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 companies selected by the ITEM 13
8 City.

B. Health Beneﬁts
Effective with the plan year beginning January 1, 2025, the following terms shall apply:

1. All employees must enroll in an available City medical plan unless they opt out. In order to opt out, an employee must provide the following:
a. Proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’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 year to which the opt out arrangement applies (opt out period): and
b. The employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment.

2. T he City shall contribute the following amounts toward the combined premiums for medical, dental and vision on a semi- monthly basis (24 pay periods). The City’s contribution shall not exceed the actual premiums, or the contribution amount stated herein, wh ichever is less. The employee shall be responsible for the balance of premiums, if any. a. $405 semi-monthly ($810 monthly) for employees enrolled in Employee-Only medical coverage.
b. $800 semi-monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.
c. $1,125 semi-monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

ITEM 13
9 3. The City shall pay one hundred percent (100%) of the dental and vision premiums for employees who waive medical coverage.

4. Employees who waive 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 stop at the end of the month when City employment 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 an employee’s employment.

7. Cash payment for medical waivers will be paid only through the end of the month in which an employee’s employment terminated. Such payment will be included in an employee's final pay received from the City.

8. Any outstanding premiums required to continue benefits through the end of the month of an employee's termination of City employment will be withheld from the final pay received from the City.

The City retains the discretion to select the City plan(s) each year. In the event the City makes changes to the plan selection, the Association will receive advance notice and opportunity to discuss concerns regarding the changes.

SECTION VI. OVERTIME AND PAY INCENTIVES
A. Overtime

1. For FLSA non -exempt employees, all hours worked in excess of the normal work week (40 hours), when worked upon the direction or approval of the member’s supervisor, shall be paid at the rate of one and one- half (1 ½) times the member’s straight -time regula r rate of pay or ITEM 13
10 compensated by granting one and one-half (1 ½) times the number of overtime hours worked as compensatory time off. The member shall have the option to express his/her preference (overtime or compensatory time), to be made known to the employer not later t han the end of the pay period in which overtime was earned. The final decision in each instance, however, shall be at the discretion of the employer.

If accrued compensatory time is to be taken, it shall be at a time convenient to the employee(s) and consistent with the operating needs of the employer. Compensatory time shall be taken under this Section as required by the Fair Labor Standards Act, if such continues to be applicable to local government employees.

2. Members shall receive a minimum of two (2) hours of compensation paid at the rate of one and one-half (1 ½) times the member’s straight-time hourly rate, or compensated by granting one and one-half (1 ½) times compensatory time off, when required to return to work after regular work hours or on weekends or holidays. The member shall have the option to make his/her preference (overtime or compensatory time) known to the employer not later than the end of the pay period in which overtime is earned. The final decision in each instance, however, shall be at the discretion of the employer.

If compensatory time is to be taken, it shall be at a time convenient to the employee(s) and consistent with the operating needs of the employer. Compensatory time shall be taken under this Section as required by the Fair Labor Standards Act, if such continues to be applicable to local government employees.

3. Members shall have the option of being paid for overtime worked or accumulating up to eighty (80) hours for compensatory time off. All overtime hours accumulated over the maximum accrual of eighty (80) hours shall be cashed out at the employee’s current r egular rate of pay on a quarterly basis. Payment shall be at a straight time hour-for-hour regular rate of pay. Quarterly ITEM 13
11 payment dates shall be the first payroll following September 30, December 31, March 31 and June 30 of each year. Upon separation from employment, compensatory time off shall be cashed out at the higher of the employee’s final regular rate of pay, or the employee’s average regular rate of pay during the last three years of employment.

4. Employees may request all available CTO hours at the end of each calendar quarter be cashed out on the first pay period following the end of the quarter, at the employee’s current regular ate of pay. Requests will be submitted two pay period in advance of the end of the calendar quarter.

Calendar quarters end the last day of March, June, September, and December.

B. Standby Time
Employees assigned “stand-by” by the appropriate Department Head shall receive a minimum of two (2) hours straight- time pay each weekday and two (2) hours straight -time pay each weekend day when assigned to standby. Employees required to be on stand-by on recognized City holidays shall receive six (6) hours of straight-time pay. Members may accrue CTO in lieu of standby pay.

C. On- Call/Call back
Employees Not Required to Report to a Work Location
Employees who are required to use their telephone to conduct City business outside of their regularly scheduled hours shall be compensated for that time at the overtime rate of time -and-one half. The employee will round the time he or she spent conducting City business on the phone and performing related tasks up to the nearest quarter-hour, which is considered one work session. Any other work performed within that quarter- hour work -session shall not entitle the employee to additional compensation.

Example:
• Monday night: Employee receives one five-minute call at 8:00 p.m. that concludes at 8:05 p.m.

The employee fields another call at 8:10 p.m. that ends at 8:15 p.m. The employee is entitled ITEM 13
12 to fifteen (15) minutes of call -back compensation at the overtime rate (time and one -half).

This is considered one work session.
• Tuesday night: Employee takes a call at 8:00 p.m. lasting ten (10) minutes. The employee would be compensated for fifteen (15) minutes call-back (at time and one-half). • Wednesday night: Employee takes a call at 8:00 p.m. lasting ten minutes. Employee takes another call at 9:00 p.m. lasting ten minutes. No work is performed between 8:10 p.m. and 9:00 p.m. The employee is paid for (30) minutes of call back (at time and one-half).

D. Shift Diﬀerential – Police Dispatch Supervisor Only
The following shall apply to employees in the classification of Police Dispatch Supervisor:
a. For salary administration purposes, shifts entitled to a differential, as set forth below, shall be defined as follows:

Swing 6:00 p.m. to 10:00 p.m.

Graveyard 10:00 p.m. to 6:00 a.m.
b. The City agrees to pay a two and one-half percent (2.5%) shift differential to the employee working swing shift. The City agrees to pay a five (5%) shift differential to the employee working graveyard shift.

Out of Class Assignments

1. Out of classification assignments for purposes of this section is defined as performing, as directed by a supervisor or department head, the major portions of the assignment higher classification’s duties for the period indicated in Section VI(C)(2) below.

2. Once an employee has worked in a higher classification for forty (40) cumulative hours and is then assigned to work in that higher classification for a period exceeding three (3) consecutive working days, that employee shall be compensated as provided by the terms of this Section. The higher compensation shall begin on the fourth (4 th) working day and shall
ITEM 13
13 be retroactive to the first day worked in the higher classification. It is understood and agreed that this provision applies only in those instances where the responsibilities of the employee’s classification do not include assuming the duties of a higher classification for periods of absence of the higher incumbent.

3. In no event shall the employee receive a lower than five percent (5%) increase in pay for an out of class assignment.

SECTION VII. LEAVE PROVISIONS
A. Holidays

1. Employees in this group will receive the following twelve (12) paid City holidays.

New Year’s Day
Martin Luther King Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
The Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year’s Eve Day

2. Employees in this group shall receive one (1) paid personal holiday to be selected by the employee who has completed at least six (6) months of employment with the City. The holiday is to be used on a date acceptable to both the member’s supervisor and the group member. The paid holiday does not accumulate from year -to-year but must be taken within the fiscal year earned.

Paid personal holidays not taken within the fiscal year accrued will be forfeited. Additional holidays may accrue to this group if declared by the City Council or as may be granted to the Miscellaneous Bargaining Unit from negotiations.

B. Vacation

1. The City shall provide the following vacation accumulation rates for full -time City employees ITEM 13
14 who are members of the First Line Supervisor/Confidential Group:

Years Continuous
Service
Hours Earned
Per Pay Period

Annual

1 – 4 years 3.08 hours 10 Days/80 hrs.
5 – 10 years 4.62 hours 15 Days/120 hrs.
11 – 19 yrs. 6.15 hours 20 Days/160 hrs.
20+ yrs. 1 Addl. Day/yr. for each
year of service over 20
years
25 Days Maximum

Part time City employees who work 75% FTE or greater are entitled to prorated vacation benefits.

2. Full-time employees who have completed 20 years or more of continuous service with the City will be entitled to earn one extra vacation day per calendar year for each year of service over 20 to a maximum accrual of five (5) additional days or 25 days per year.

3. Maximum vacation accumulation shall be 480 hours. Vacation accrual will stop when an employee reaches 480 hours of accrued vacation time. Vacation accrual will resume once the vacation balance has been reduced through time off. Members of this group may convert up to 40 hours of accrued 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 the member’s current hourly rate of pay (1:1 ratio).

4. A member shall be paid for accumulated vacation hours up to the maximum accrual amount stated in paragraph 3 above at separation of service at the member’s current hourly rate.

C. Sick Leave

1. Each member shall accumulate sick leave at the rate of 8.0 hours of sick leave for each completed month of service, such sick leave shall accrue at the rate of 3.69 hours per pay period. There shall ITEM 13
15 be no limit on the amount of sick leave accumulated.

2. Any member who has not taken more than 36 hours of sick leave (excluding sick leave used concurrently with protected leave) during a twelve (12) month period beginning the first pay period in January and ending the last pay period in December of each year shall be entitled to convert up to 24 hours of unused sick leave to vacation time or to a contribution to the employee’s individual deferred compensation account, provided that the employee’s sick leave balance does not fall below 192 hours.

3. Members may use sick leave, vacation, compensatory time off or mandatory time off during time away from work to attend medical, dental or vision appointments, subject to supervisory approval.

D. Bereavement Leave

1. A member of this bargaining unit shall be entitled to leave with pay for a maximum of three (5) scheduled workdays in the event of a death in the employee’s immediate family. Such leave does not accrue or have any cash value.

2. Immediate family shall be understood to include spouse, registered domestic partner, children, mother, father, siblings (includes foster parent, stepparent, step -sibling,) grandchildren, or grandparent of employee and employee spouse or registered domestic partner.

3. A member of this bargaining unit 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 aunt, uncle or first cousin. Such leave does not accrue or have any cash value.

4. Additional time may be granted and paid from accrued vacation or CTO time upon request from the employee and approval of the appropriate department designee.

5. Additional time may be granted and paid from sick leave accruals for no more than five (5) working days in the following cases: When approved bereavement leave under 1 -4 has been ITEM 13
16 exhausted, but additional time is needed for the mental health of the employee:
• Employee can request and be granted up to 5 working days to be charged against their accrued sick leave bank.
• When someone other than a family member has died, and the employee requests bereavement leave.

SECTION VIII. UNIFORMS AND WORK BOOTS

1. Parks, Facilities and Grounds Maintenance, Wastewater Treatment, Fleet, Code Enforcement, Streets, and Water employees shall be provided uniform service with City patches and caps with the City logo. Uniforms shall be worn by employees in the above divisions during their designated work shifts. Employees not in uniform may be subject to disciplinary action.

2. Members of this unit, who are required by their department to wear work boots on the job, will be reimbursed up to $2 50.00 per year for the work boots. Reimbursement will be based on presentation of appropriate receipts to the department designated individual. a. The intent of the work boot allowance is to provide those required to wear work boots with assistance to purchase a pair of sturdy, quality work boots. b. The per year allowance is based upon the contract year of July 1 through June 30. c. More than one pair of work boots may be purchased within the 12 -month period, but employee will only be reimbursed to the maximum $250.00 allowance after the first pair. d. Work boots may be purchased using a city credit card. Employee must provide the sales receipt of the transaction to his/her supervisor. Employees will be held responsible for amounts spent over $250.00.

ITEM 13
17 e. Employees purchasing work boots with personal funds must provide a sales receipt and complete the necessary forms for reimbursement as may be requested by the department and/or finance.

SECTION IX. COMPENSATION
A. Salaries
Provided that this Agreement has been ratified by the bargaining unit and approved by the City Council, effective the first full pay period following July 1, 2024, the City agrees to provide an 8% increase in the base hourly rate as set forth in the 2023-2024 Class Title and Salary Ranges for all bargaining unit employees.

B. Classic Member Pay
Classic employees hired (and continuously employed by the City of Ceres) prior to June 30, 2018, shall be eligible for 9.5% base wage increase, so long as the employees have received at least an overall rating of satisfactory on their most recent performance evaluation. This provision will not trigger an employee’s right for a disciplinary appeal under the City MOU or personnel rules.

C. Salary Steps
The Salary administration of the City shall be as follows:

1. St ep A : The first salary step is the minimum rate and will normally be the hiring rate.

Appointment may be made to other than the normal entering salary step upon recommendation of the Department Head and upon the approval of the City Manager.

2. Step B:

The second salary step. Six (6) months of satisfactory service at the first salary step (A) shall make an employee eligible.

3. Step C: The third salary step. Six (6) months of satisfactory service at the second salary step (B) normally shall make an employee eligible.

ITEM 13
18 4. Step D: The fourth salary step. Twelve (12) months of satisfactory service at the third salary step (C) and the recommendation of the Department Head with the approval of the City Manager shall be required for advancement of this step.

5. Step E: T he fifth salary step. Twelve (12) months of satisfactory service at the fourth salary step (D) and the recommendation of the Department Head with the approval of the City Manager shall be required for advancement to this step.

SECTION X. EXTENSION OF RE-EMPLOYMENT LIST
Employees laid-off from employment in accordance with Ceres Personnel Rule XVI. Layoff Policies and Procedure shall be maintained upon the City’s re-employment list for three (3) consecutive years while employees who are demoted, shall have five (5) consecutive years in which to be reinstated to a previously held position.

SECTION XI. NO CESSATION OF WORK
It is agreed between the City and the Association that there shall be no lock -outs of any kind or for any cause on the part of the City, and that there will be no strikes or any other cessation of work of any kind on the part of the Association on account of any controversy whatever during the term of this Agreement.

SECTION XII. ENTIRE AGREEMENT

1. The parties acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed from law from the area of collective bargain ing, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Supervisor/Confidential group, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, ITEM 13
19 and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, even though such subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter not specifically referred to, or covered in this Agreement, may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Agreement may only be amended during its term by the parties’ mutual written consent. Items not specifically addressed in this Agreement are considered silent as to interpretation and the City’s adopted Personnel Rules shall apply as to administration of personnel policies.

2. Other benefits, with respect to terms and conditions of employment granted pursuant to the agreement with the Miscellaneous Bargaining Unit, shall continue in full force and effect as applicable to this group.

3. In the event the City makes changes to the Personnel Rules during the term of this agreement, the City will provide this group with the opportunity to meet and confer over the changes as required by law.

CITY OF CERES FIRST LINE SUPERVISORS/CONFIDENTIAL
GROUP
Dated: June ____, 2024 Dated: June ____, 2024

_______
Douglas D. Dunford, City Manager Al Burkett,
First Line Supervisors/Confidential Group

_______
Delilah Vasquez, Human Resources Director Andrea Magdeleno, First Line Supervisors/Confidential Group

ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Ja
mes Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 24, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Delilah Vasquez, Human Resources Director
[email protected], (209) 538-5772
SUBJECT:

Resolution No. 2024- XXX, Ratifying the Memorandum of
Understanding between the City of Ceres and Mid Manager s Bargaining Group and Authorizing the City Manager to Execute the Memorandum of Understanding
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council ratify the Memorandum of Understanding with the Mid Manager Bargaining Group to be effective July 1, 2024.

I. BACKGROUND:

The Mem
orandum of Understanding with the Mid Manager Bargaining Group expires on June 30, 2024. The City’s negotiating team has been meeting with the group under the parameters set by the City Council.

II. REASONS FOR RECOMMENDATION:

The City has reached agreement on all terms and conditions of employment with the Mid Manager Bargaining Group (Attachment B). On June 11, 2024, tentative agreement was ratified by this Group. The main provisions of the MOU agreement are as follows:

Wage I
ncrease:
• An 8% wage increase the first full pay period following July 1, 2024.

Hea
lth Benefits
• Effective January 1, 2025, the City shall contribute the following amounts toward the combined premiums for medical, dental, and vision on a semi-monthly basis:
• $405 semi -monthly ($810 monthly) for employees enrolled in Employee Only medical coverage.
• $800 semi -monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.

ITEM 14
• $1,125 semi -monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

Elimination of Voluntary Benefits
• $50 semi-monthly over 24 pay periods eliminated.

III. FISCAL IMPACTS:

Funding for this recommendation is included in the Fiscal Year 2024-2025 Budget.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

V. POLICY ALTERNATIVES:

Council can choose not to approve the contract.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Tentative Agreement

3. Attachment C – Memorandum of Understanding
ITEM 14

ATTACHMENT A
RESOLUTION NO. 2024-XXX

RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF CERES AND THE CERES MID MANAGERS

BARGAINING GROUP AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE MEMORANDUM OF UNDERSTANDING

THE CITY COUNCIL
City of Ceres

WHEREAS, the Memorandum of Understanding between the City of Ceres and the Ceres Mid Managers Association expires on June 30, 2024; and

WHEREAS, the City’s negotiating team and Ceres Mid Managers Association have met and conferred regarding terms and conditions of employment, reaching tentative agreement as set forth in “Attachment B” hereto attached; and

WHEREAS, the Parties have executed the Memorandum of Understanding as set forth in “Attachment C” hereto attached.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the Memorandum of Understanding between the City of Ceres and the Ceres Mid Managers Bargaining Group and authorizes the City Manager to execute the Memorandum of Understanding.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14

ATTACHMENT B

THE CITY OF CERES AND CERES MID MANAGERS

ASSOCIATION SUCCESSOR AGREEMENT
06/11/24
1) Term – 1 Year, expiration June 30, 2025.

2) Wage Increase:
• 8% upon ratiﬁcation and council approval the ﬁrst full pay period following July 1, 2024.

3) Health Beneﬁts
• Effective January 1, 2025, the City shall contribute the following amounts to toward the combined premiums for medical, dental, and vision on a semi-monthly basis:
o $405 semi-monthly ($810 monthly) for employee enrolled in Employer-Only medical coverage.
o $800 semi-monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.
o $1,125 semi-monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

4) Elimination of Voluntary Health Beneﬁts Contribution • $50 semi-monthly over 24 pay periods eliminated.

ITEM 14
ITEM 14
Memorandum of
Understanding Between
the City of Ceres and Mid
Manager Bargaining
Group

2024
EFFECTIVE THROUGH JUNE 30, 2025
CITY OF CERES |

ATTACHMENT C
ITEM 14
1 Table of Contents
SECTION I. RECOGNITION 3
A. Members: 3
B. Rights: 3
C. Job Titles: 3
D. Hold Harmless: 3
E. Group Roster 3
Section II. COMPENSATION 3
A. Salary Adjustments 3
B. Classic Member Pay 3
Section III. SALARY STEPS 4
A. Step A: 4
B. Step B: 4
C. Step C: 4
D. Step D: 4
E. Step E: 4
Section IV. HEALTH & WELFARE 4
A. Term Life Insurance 4
B. Health Beneﬁts 4
Section V. LEAVES 6
A. Sick Leave and Sick Leave Conversion 6
B. Vacation 6
C. Management Leave 7
D. Bereavement Leave 7
Section VI. HOLIDAYS 7
A. Holidays and Paid Personal Holiday 7
Section VII. OVERTIME 8
Section VIII. MISCELLANEOUS BENEFITS 8
A. Retirement 8
B. Retiree Health Savings Plan 9
C. Memberships 9
D. Professional Development 10
E. Educational Incentives 10
ITEM 14
2 F. Continuation of Beneﬁts 10
Section IX. EXTENSION OF RE-EMPLOYMENT LIST 11
Section X. CITY RIGHTS 11
Section XI. TERM OF AGREEMENT 11

ITEM 14
3 AGREEMENT BETWEEN THE CITY OF CERES AND
CERES MID-MANAGERS’ BARGAINING GROUP

SECTION I. RECOGNITION

A. Members: The City of Ceres and the Ceres Mid-Managers’ Bargaining Group (MMBG) agree that for purposes of administration, this agreement shall pertain to the following positions:

Mid- Managers
City Clerk
Deputy Finance Director
Deputy Public Works Director
Information Technology Manager
Public Works Superintendent
Recreation Manager
Redevelopment & Economic Development Manager

B. Rights: The City shall have the right to modify the above to include other positions as it may deem necessary for the conduct of City business.

C. Job Titles: The classifications or job titles used above are for descriptive purposes only. Their use is neither an indication nor a guarantee these classifications or titles will continue to be utilized by the City, and neither is it an assurance by the City the positions will be budgeted or filled.

D. Hold Harmless: In the event the MMBG requests that the City deduct dues from employee payroll on behalf of the Association, the City and the Association will agree on a “Hold Harmless” provision in advance of any deduction.

E. Group Roster: The City shall provide the Group with a roster of current bargaining unit members every 120 days. The City shall give the group a minimum of two business days’ notice prior to the orientation of a new bargaining unit member.

Section II. COMPENSATION
A. Salary Adjustments
Provided that this Agreement has been ratified by the bargaining unit and approved by the City Council, effective the first full pay period following July 1, 2024, the City agrees to provide an 8% increase in the base hourly rate as set forth in the 2023- 2024 Class Title and Salary Ranges for all bargaining unit employees.

Classic Member Pay

Classic employees hired (and continuously employed by the City of Ceres) prior to January 31, 2016, shall be eligible for a total of 9.5% base wage increase, so long as the employees have received at least an overall rating of satisfactory on their most recent performance evaluation. This provision will not trigger an employee’s right for a disciplinary appeal under the City MOU or personnel rules.

ITEM 14
4 The intent of this provision is to offset Classic members contributing to their employee retirement contributions.

Section III. SALARY STEPS

The Salary Administration of the City shall be as follows:

A. Step A: The first salary step is the minimum rate and will normally be the hiring rate. Appointment may be made to other than the normal entering salary step upon recommendation of the Department Head and upon the approval of the City Manager.

B. Step B: The second salary step: Six (6) months of satisfactory service at the first salary step A shall make an employee eligible.

C. Step C: The third salary step: Twelve (12) months of satisfactory service at the second salary step B normally shall make an employee eligible.

D. Step D: The fourth salary step: Twelve (12) months of satisfactory service at the third salary step C and the recommendation of the Department Head with the approval of the City Manager shall be required for advancement to this step.

E. Step E: The fifth salary step: Twelve (12) months of satisfactory service at the fourth salary step D and the recommendation of the Department Head with the approval of the City Manager shall be required for advancement to this step.

Section IV. HEALTH & WELFARE
A. Term Life Insurance

1. During the term of this agreement, the City shall provide each employee covered by this agreement with a paid term life insurance policy equal to one- time annual salary not to exceed $50,000 policy value.

2. The City 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 City.

Health Beneﬁts
Effective with the plan year beginning January 1, 2025, the following terms shall apply:

1. All employees must enroll in an available City medical plan unless they opt out. In order to opt out, an employee must provide the following:

a. Proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out ITEM 14
5 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 year to which the opt out arrangement applies (“opt out period”); and

b. T he employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment.

a. $ 405 semi-monthly ($810 monthly) for employees enrolled in Employee- Only medical coverage.

b. $8 00 semi-monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.

c. $ 1,125 semi-monthly ($2,250 monthly) for employees 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 employees who waive medical coverage.

4. Employees who waive 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 an employee's employment.

Cash payment for medical waivers will be paid only through the end of the month in which an employee's employment terminated. Such payment will be included in an employee's final pay received from the City.

Any outstanding premiums required to continue benefits through the end of the month of an employee's termination of City employment will be withheld from the final pay received from the City.

ITEM 14
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, the Group will receive advance notice and opportunity to discuss concerns regarding changes.

Section V. LEAVES
A. Sick Leave and Sick Leave Conversion

1. Sick leave accumulation for full time employees shall be eight (8) hours per month (3.69 hours per pay period) for a total of 96 hours per year. Sick leave accumulation is unlimited.

2. An employee of this group who 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 last pay period in December of each year (excluding sick leave used concurrently with protected leave) shall be entitled to convert up to 24 hours of unused sick leave to pay or leave with pay, providing that at no time shall the employee's sick leave balance fall below 192 hours.

3. Accumulated sick leave shall be paid at 50% of the accumulated balance upon retirement from City service at the employee’s current hourly rate of pay, of which an amount will be contributed to the employee’s Retiree Health Savings Account in accordance with Section VIII (B). Accumulated sick leave shall not be paid at separation of service for any other reason. For the purpose of this section, the term "retirement" is defined, understood and intended to mean an employee's separation from employment with the City at a time when the member qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by the member for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of the member to commence receipt of current benefits from the retirement system. Discontinuing paid work for the City under any circumstances other than defined herein, or election by the employee for deferral of retirement payments, are not considered as "retirement" for eligibility to receive payment for a portion of any unused sick leave benefits as stated herein.

Vacation

1. Full time employees shall accrue vacation time as follows:

Years of Continuous
Service
Hours Earned
Per Pay Period

Annual
1-4 3.08 10 (8 hour) Days
5-10 4.62 15 (8 hour) Days
11-19 6.15 20 (8 hour) Days
20+ 1 (8 hour) Addl.

Day per year for
each year over 20
to maximum of 25
days per year

2. The maximum vacation accumulation shall be 480 hours. Vacation accrual ITEM 14
7 will stop when an employee in this group reaches 480 hours of accrued vacation time. Vacation accrual will resume once the vacation balance has been reduced.

3. Vacation hours paid at separation of service shall be limited to the employee's current accumulated vacation balance up to 480 hours. Payment will be at the employee’s current hourly rate of pay.

4. Any employee of this group may convert up to thirty (30) 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 the employee's current hourly rate of pay (1:1 ratio).

Management Leave

1. Employees in this group are declared as exempt under FLSA executive exemption guidelines.

2. Employees in this group shall receive ten (10) management days (eighty (80) hours) of leave per fiscal year. Management leave must be used during the fiscal year in which it is earned or will be lost. Unused management leave does not accumulate from year to year.

Bereavement Leave

1. An employee in this bargaining unit shall be entitled to leave with pay for a maximum of five (5) work days in the event of the death of the employee's spouse, registered domestic partner or children (including stepchildren).

2. An employee in this bargaining unit shall be entitled to leave with pay for a maximum of three (3) work days in the event of the death of the employee's parents, siblings, or grandchildren. The definition of parent and siblings as used herein shall mean stepparent or sibling, foster parent as well as natural parents of the employee.

3. An employee in this unit shall be entitled to leave with pay for a maximum of one (1) work day in the event of the death of an employee's brother or sister by marriage or domestic partnership, parents by marriage, or domestic partnership employee's grandparents or grandparents by marriage or domestic partnership.

4. Additional bereavement time may be granted and paid from accrued vacation, sick, or management leave, upon request from the employee and approval of the appropriate department representative.

Section VI. HOLIDAYS

A. Holidays and Paid Personal Holiday

Employees in this group will receive the following twelve (12) paid City holidays:

ITEM 14
8 New Year’s Day
Martin Luther King Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
The Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year’s Eve Day

One (1) paid personal holiday beginning each fiscal year shall be provided on a date acceptable to both the member’s supervisor and the group member, and after completion of six months of initial employment by a group member. The paid holiday does not accumulate from year-to-year but must be taken within the fiscal year earned. Paid personal holidays not taken within the fiscal year accrued will be forfeited.

Section VII. OVERTIME

The parties agree that all employees in this bargaining unit are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA).

Section VIII. MISCELLANEOUS BENEFITS
A. Retirement

1. Effective July I, 2004, the City provided enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.14, commonly known as 2% at 55 for the miscellaneous employees in this group, calculated on the single highest year of compensation.

2. Unit members hired on and after January 1, 2013, and designated as “new members” to StanCERA who are miscellaneous employees shall be enrolled in the 2 % @62 retirement formula as required by law under the California Public Employees’ Pension Reform Act (“PEPRA” – AB 340/SB 197). As required under PEPRA, “new members” shall:

a. Individually pay an initial Member contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said “new member” is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater; and

ITEM 14
9 b. Have “final compensation” measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months.

3. Any provision in this Agreement which contradicts any provision of PEPRA shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and effect.

4. Except for “new members” as defined above in Subsection 2, the employee contribution for retirement will be as follows:

• 100% of the amount of the employee share of the current fiscal year retirement rate.

Said member’s contribution shall be vested in the name of the employee as permitted under the rules and regulations of the 1937 Act Stanislaus County Retirement System.

5. Upon attaining 30 years of service with the City or attaining the maximum employee benefit contribution requirement under the 1937 Act Stanislaus County Employees' Retirement System, the City shall continue to pay only the qualifying member's employee portion of the retirement contribution into a City-approved deferred compensation plan. The employee must designate, in the proper written format, into which plan the funds are to be disbursed in their name. The deferred compensation contribution, in lieu of the retirement payment, shall be effective with the first payroll period following the member's satisfaction of the 1937 Act maximum contribution attainment. The City's maximum obligation for deferred compensation contribution in lieu of 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.

Retiree Health Savings Plan

The City agrees to implement a retiree health savings plan through a provider selected by the City. Upon retirement employees in this group will contribute the following amount of any Sick Leave Conversion and or Cash Out to this plan: (1) 0-25 years of service: 50% of allowable Conversion and or Cash Out will be contributed to a Retiree Health Savings Account: (2) 26+ years of service: 100% of allowable Conversion and or Cash Out will be contributed to a Retiree Health Savings Account.

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 of the 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 hours worked for the City.

ITEM 14
10 D. Professional Development

1. As an incentive for further individual professional and managerial growth for each employee in this group, the professional development allowance will be $750 per employee. 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 international professional conference associated 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. Acquisition of computer hardware, computer software, or other technological equipment may be allowed, provided it is for the employee's individual use and benefit in the course of performing their City- employment responsibilities and the purchase(s) remain the property of the City.

2. Each employee shall obtain the Director’s written approval of their intended use of said professional development funds prior to each encumbrance or expenditure. The annual allocation of funds for this purpose may be carried over into one subsequent fiscal year. No portion of these monies shall be provided to the employee for cash purposes or as additional compensation during employment or upon separation from employment.

Educational Incentives

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 and/or nationally recognized association and approved in advance by the City Manager. The incentives provided shall be as follows:

1. Mid-Managers who achieve and maintain certification within their field shall receive an additional pay incentive of five percent (5%).

2. Mid-Managers with a master’s degree shall receive an additional pay incentive of seven and one-half percent (7.5%).

The percentages shall be applied singularly and not compounded; i.e., five percent (5%) for a field-related certification, and seven and one-half percent (7.5%) for a Master’s degree shall not be combined to be twelve and one half percent (12.5%).

Continuation of Beneﬁts

Other benefits with respect to terms and conditions of employment not specifically stated in this agreement or in the City's personnel rules shall be ITEM 14
11 granted pursuant to the agreement with the Miscellaneous Bargaining Unit and shall continue in full force and effect for this group.

Section IX. EXTENSION OF RE-EMPLOYMENT LIST
Employees laid-off from employment in accordance with Ceres Personnel Rule XVI.

Layoff Policies and Procedure shall be maintained upon the City’s re-employment list for three (3) consecutive years while employees who are demoted shall have five (5) consecutive years in which to be reinstated to a previously held position.

Section X. CITY RIGHTS

It is understood and agreed that it is the interest and prerogative of the City to operate and manage its affairs to the full extent of the law. Included in, but not limited to those duties and powers are the exclusive prerogative to: determine its organization; direct work of its employees, determine the times and hours of site operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required to maintain the efficiency of employer operations; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work; and take appropriate action on any matter in the event of an emergency. The City retains the rights to hire, lay -off, assign, evaluate, promote, transfer, terminate, and rehire employees, as long as it does not violate the provisions of this Agreement. It is understood and agreed that applicable law governs this provision and that it is in the party’s interest and the prerogative of the City to operate and manage its affairs to the full extent of the law.

Section XI. TERM OF AGREEMENT

The term of this agreement shall be from date of ratification through June 30, 2025. In the event the City makes changes to the Personnel Rules during the term of the agreement, the City will provide the MMBG with the opportunity to meet and confer over the changes as required by law.

The Parties agree to reopen the terms of this agreement to discuss Section IV (B) (2), regarding the City contribution toward health benefits should the premium for the lowest cost HMO plan increase by 5% or more.

CITY OF CERES CERES MID-MANAGERS’ BARGAINING
GROUP

Dated: ____________________, 2024 Dated: __________________, 2024

ITEM 14
12 Douglas D. Dunford, Fallon Martin,
City Manager Ceres Mid-Managers’ Bargaining Group

Delilah Vasquez,
Director of Human Resources

ITEM 14
ITEM 14

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Ja
mes Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 24, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Delilah Vasquez, Human Resources Director
[email protected], (209) 538-5772
SUBJECT:

Resolution No. 2024- XXX, Ratifying the Memorandum of
Understanding between the City of Ceres and Ceres Police Officers’ Association and Authorizing the City Manager to Execute the Memorandum of Understanding
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council ratify the Memorandum of Understanding with the Ceres Police Officers’ Association to be effective July 1, 2024.

I. BACKGROUND:

The Mem
orandum of Understanding with the Ceres Police Officers’ Association expires on June 30, 2024. The City’s negotiating team has been meeting with the group under the parameters set by the City Council.

II. REASO
NS FOR RECOMMENDATION:

The City has reached agreement on all terms and conditions of employment with the Ceres Police Officers’ Association (Attachment B). On June 4, 2024, tentative agreement was ratified by this Group. The main provisions of the MOU agreement are as follows:

Wage I
ncrease:
• An 8% wage increase the first full pay period following July 1, 2024.

Unif
orm Allowance:
• Increased the annual uniform allowance to $1,500.00.

Hea
lth Benefits
• Effective January 1, 2025, the City shall contribute the following amounts toward the combined premiums for medical, dental, and vision on a semi-monthly basis:

ITEM 15
• $405 semi -monthly ($810 monthly) for employees enrolled in Employee Only medical coverage.
• $800 s emi-monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.
• $1,125 semi -monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

Elimination of Voluntary Benefits
• $50 semi-monthly over 24 pay periods eliminated.

Longevity Pay Differential
• 5% longevity pay for officers with 10 or more years of sworn law enforcement experience.

III. F ISCAL IMPACTS:

Funding for this recommendation is included in the Fiscal Year 2024-2025 Budget.

IV. EXI STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

V. PO
LICY ALTERNATIVES:

Council can choose not to approve the contract.

VI. I NTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBL IC PARTICIPATION:

N/A
VIII. ENVI RONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Approved by: _____________________
Douglas D. Dunford,
City Manager

ITEM 15
Attachments:

1. Attachment A – Resolution

2. Attachment B – Tentative Agreement

3. Attachment C – Memorandum of Understanding
ITEM 15
ITEM 15

ATTACHMENT A
RESOLUTION NO. 2024-XXX

RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CERES AND THE CERES POLICE OFFICERS’

ASSOCIATION AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE MEMORANDUM OF UNDERSTANDING

THE CITY COUNCIL
City of Ceres

WHEREAS, the Memorandum of Understanding between the City of Ceres and the Ceres Police Officers’ Association expires on June 30, 2024; and

WHEREAS, the City’s negotiating team and Ceres Police Officers’ Association have met and conferred regarding terms and conditions of employment, reaching tentative agreement as set forth in “Attachment B” hereto attached; and

WHEREAS, the Parties have executed the Memorandum of Understanding as set forth in “Attachment C” hereto attached.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the Memorandum of Understanding between the City of Ceres and the Ceres Police Officers’ Association and authorizes the City Manager to execute the Memorandum of Understanding.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 15
ITEM 15

ATTACHMENT B

THE CITY OF CERES AND CERES POLICE OFFICERS’

ASSOCIATION SUCCESSOR AGREEMENT
06/04/24
1) Term – 1 Year, expiration June 30, 2025.

2) Wage Increase:
• 8% upon ratiﬁcation and council approval the ﬁrst full pay period following July 1, 2024.

3) Uniform Allowance
• Increased the annual uniform allowance to $1,500.00.

4) Health Beneﬁts
• Effective January 1, 2025, the City shall contribute the following amounts to toward the combined premiums for medical, dental, and vision on a semi-monthly basis:
o $405 semi-monthly ($810 monthly) for employee enrolled in Employer-Only medical coverage.
o $800 semi-monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.
o $1,125 semi-monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

5) Elimination of Voluntary Health Beneﬁts
• $50 semi-monthly over 24 pay periods eliminated.

6) Longevity Pay Differential
• 5% pay differential for 10 or more years of sworn law enforcement experience.

Three of the ten must be continuous years of service with the City of Ceres.

ITEM 15
ITEM 15
Memorandum of
Understanding Between
City of Ceres and Ceres
Police Oﬃcer Association

2024
EFFECTIVE THROUGH JUNE 30, 2025
CITY OF CERES |

ATTACHMENT C
ITEM 15
1 Table of Contents
ARTICLE I ....................................................................................................................................................... 4 PREAMBLE ..................................................................................................................................................... 4 SECTION 1.1 Sole Compensation and Beneﬁts .................................................................................... 4 SECTION 1.2 Terms of Agreement ....................................................................................................... 4 ARTICLE II ...................................................................................................................................................... 4 RECOGNITION ............................................................................................................................................... 4 SECTION 2.1 Exclusive Representative ................................................................................................ 4 SECTION 2.2 Payroll Deduction ........................................................................................................... 4 SECTION 2.3 Union Orientation ........................................................................................................... 5 ARTICLE III ..................................................................................................................................................... 5 SALARIES ....................................................................................................................................................... 5 SECTION 3.1 Compensation ................................................................................................................. 5 SECTION 3.2 Salary Ranges .................................................................................................................. 5 SECTION 3.3 Salary Steps ..................................................................................................................... 5 ARTIVE IV ....................................................................................................................................................... 5 BENEFITS ....................................................................................................................................................... 5 SECTION 4.1 Health Beneﬁts ............................................................................................................... 6 SECTION 4.3 Term Life ......................................................................................................................... 7 ARTICLE V ...................................................................................................................................................... 7 RETIREMENT ................................................................................................................................................. 7 SECTION 5.1 Membership ................................................................................................................... 7 SECTION 5.2 Retirement Beneﬁts ........................................................................................................ 7 SECTION 5.3 City/Employee Contribution ........................................................................................... 7 SECTION 5.4 .............................................................................................................................................. 8 ARTICLE VI ..................................................................................................................................................... 8 UNIFORMS .................................................................................................................................................... 8 SECTION 6.1 Uniform Allowance ......................................................................................................... 8 SECTION 6.2 Recruit Uniforms ........................................................................................................ 9 SECTION 6.3 Special Assignment Issue ................................................................................................ 9 SECTION 6.4 Uniform Safety Equipment ............................................................................................. 9 ARTICLE VII .................................................................................................................................................. 10 LEAVE PROVISIONS ...................................................................................................................................... 10 ITEM 15
2 SECTION 7.1 Sick Leave and Sick Leave Conversion .......................................................................... 10 SECTION 7.2 Sick Leave Abuse ........................................................................................................... 10 SECTION 7.3 Sick Leave Compensation ................................................................................................... 11 SECTION 7.4 Payment of Uniform Allowance and Assignment Pay on Non- Industrial Disability .......... 11 SECTION 7.5 Leave for Department Promotional Exams ........................................................................ 11 SECTION 7.6 Shift Trades and Early Relief ............................................................................................... 12 SECTION 7.7 Holidays .............................................................................................................................. 13 SECTION 7.8 Vacations ............................................................................................................................ 13 SECTION 7.9 Bereavement Leave ............................................................................................................ 14 ARTICLE VIII ................................................................................................................................................. 15 STANDARD WORK PERIOD AND TRAINING DAYS ........................................................................................ 15 SECTION 8.1 Work Schedules ............................................................................................................ 15 ARTICLE IX ................................................................................................................................................... 15 OVERTIME/STANDBY/COURT APPEARANCE/CALL OUT .............................................................................. 15 SECTION 9.1 Overtime ............................................................................................................................ 15 SECTION 9.2 FLSA 7K Exemption ............................................................................................................. 16 SECTION 9.3 On-Call Pay ......................................................................................................................... 17 SECTION 9.4 Court Appearance .............................................................................................................. 17 SECTION 9.5 Call Out ............................................................................................................................... 18 ARTICLE X ................................................................................................................................................ 18 PAY INCENTIVES ....................................................................................................................................... 18 SECTION 10.1 Educational Incentive ....................................................................................................... 18 SECTION 10.2 Bilingual Pay ..................................................................................................................... 19 SECTION 10.3 Longevity Pay.................................................................................................................... 19 ARTICLE XI ................................................................................................................................................... 19 ASSIGNMENT PAY ........................................................................................................................................ 19 SECTION 11.1 Detective .......................................................................................................................... 20 SECTION 11.2 Field Training Oﬃcer ........................................................................................................ 20 SECTION 11.3 Out of Class Assignment................................................................................................... 20 SECTION 11.4 Canine Unit ....................................................................................................................... 20 SECTION 11.5 SWAT ................................................................................................................................ 21 SECTION 11.6 Motor Oﬃcer ................................................................................................................... 22 SECTION 11.7 School Resource Oﬃcer, DARE Oﬃcer. Equestrian Unit ................................................... 22 ITEM 15
3 SECTION 11.8 Ceres Neighborhood Enhancement Team ....................................................................... 22 SECTION 11.9 Internal Aﬀairs Sergeant ................................................................................................... 23 ARTICLE XII .................................................................................................................................................. 23 SAFETY ......................................................................................................................................................... 23 SECTION 12.1 Participation in Employee Safety Program ....................................................................... 23 SECTION 12.2 Safety Equipment ............................................................................................................. 23 SECTION 12.3 Firearms Training .............................................................................................................. 23 ARTICLE XIII ................................................................................................................................................. 23 FITNESS........................................................................................................................................................ 23 SECTION 13.1 Use of City Gym ................................................................................................................ 23 ARTICLE XIV ................................................................................................................................................. 24 SERVICE TO THE PUBLIC .............................................................................................................................. 24 ARTICLE XV .................................................................................................................................................. 24 PUBLIC RELATIONS, PROFESSIONAL POSTURE AND CONDUCT .................................................................. 24 ARTICLE XVI ................................................................................................................................................. 24 CPOA RESPONSIBILITIES .............................................................................................................................. 24 ARTICLE XVII ................................................................................................................................................ 24 MANAGEMENT RIGHTS ............................................................................................................................... 24 ARTICLE XVIII ............................................................................................................................................... 25 APPEALS PROCEDURE ................................................................................................................................. 25 SECTION 18.1 Appeal Procedure for Disciplinary Action ........................................................................ 25 ARTICLE XIX ................................................................................................................................................. 28 LAYOFF REINSTATEMENT ............................................................................................................................. 28 SECTION 19.1 Layoﬀ Reinstatement ....................................................................................................... 28

ITEM 15
4 AGREEMENT BETWEEN THE CITY OF CERES

AND THE POLICE OFFICER ASSOCIATION

ARTICLE I

PREAMBLE

SECTION 1.1 So le Compensation and Beneﬁts
The following shall be the sole compensation and fringe beneﬁts applicable to employees of the Ceres Police Oﬃcers’ Association (CPOA) and is all encompassing and supersedes all previous memoranda of understanding and agreements entered into between the City of Ceres and The Ceres Police Oﬃcers’ Association. Except as modiﬁed or changed by the provisions of this Agreement, all provisions contained in any existing city ordinance, resolution, or any other policy of the City Council, or any existing departmental procedures or policies shall remain in full force and eﬀect and may be modiﬁed or changed so long as such modiﬁcation or change is not inconsistent with the provisions of this Agreement.

SECTION 1.2 Terms of Agreement
This Agreement for terms and conditions of employment shall be eﬀective the ﬁrst full pay period following ratiﬁcation by the Association and adoption by the City Council and shall expire June 30, 2025.

The provisions of this Agreement will continue thereafter until such time as a new Agreement is negotiated except for those provisions that are identiﬁed to expire.

ARTICLE II

RECOGNITION

SECTION 2.1 Exclusive Representative
The City of Ceres recognizes the Ceres Police Oﬃcers’ Association as the sole and exclusive representative as provided in the City’s Employer/Employee Relations Resolution for regularly employed, full-time employees of the Ceres Police Oﬃcers’ Association which includes all sword oﬃcers and sergeants.

SECTION 2.2 Payroll Deduction
The City agrees to enter into a payroll deduction plan with employees of the Ceres Police Oﬃcers’ Association with respect to credit union membership, representation fees, and CPOA dues. The Association shall defend, indemnify and hold the City harmless from any and all liability resulting from any claims, demands, lawsuits, or any other action arising from compliance with the provisions of the dues deduction provision in this Agreement.

ITEM 15
5 SECTION 2.3 Union Orientation
The City shall provide the Association with a roster of current bargaining unit members every 120 days, identifying the member, whether they are an agency shop or union member. The City will provide the Association with at least two business days’ notice prior to the orientation of a new bargaining unit member.

ARTICLE III

SALARIES

SECTION 3.1 Compensation
Salary Adjustments: Provided that this Agreement has been ratiﬁed by the bargaining unit and approved by the City Council, the City agrees to provide an 8% wage increase for bargaining unit employees, to be eﬀective the ﬁrst full pay period following July 1, 2024.

SECTION 3.2 Salary Ranges
For the purposes of this Agreement, Range 36U applies to sworn Peace Oﬃcers, Range 40U applies to Sergeants.

SECTION 3.3 Salary Steps
The Salary Administration of the City shall be as follows:
a. Step A: The ﬁrst salary step is the minimum rate and will normally be the hiring rate.

Appointments may be made to other than the normal entering salary step upon recommendation of the Department Head and upon the approval of the City Manager. b. Step B: The second salary step: Six (6) months of satisfactory service at the ﬁrst salary step A shall make an employee eligible.
c. Step C: The third salary step: Twelve (12) months of satisfactory service at the second salary step B normally shall make an employee eligible.
d. Step D: the fourth salary step: Twelve (12) months of satisfactory service at the third salary step Cand the recommendation of the Department Head with the approval of the City Manager shall be required for advancement to this step.
e. Step E: the ﬁfth salary step: Twelve (12) months of satisfactory service at the fourth salary step D and the recommendation of the Department Head with the approval of the City Manager shall be required for advancement to this step.
f. Step F: the sixth salary step: Twelve (12) months of satisfactory service at the ﬁfth salary step E and the recommendation of the Department Head with the approval of the City Manager shall be required for advancement to this step.

ARTIVE IV

BENEFITS

ITEM 15
6 SECTION 4.1 Health Beneﬁts
Eﬀective with the plan year beginning January 1, 2025, the following terms shall apply:
a. All employees must enroll in an available City medical plan unless they opt out. In order to opt out, an employee must provide the following:
a. Proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end with the City’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 year to which the opt out arrangement applies (“opt out period”); and b. The employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment. b. The City shall contribute the following amounts toward the combined premiums for medical, dental, and vision on a semi-monthly basis (24 pay periods). The City’s contribution shall not exceed the actual premiums, or the contribution amounts listed below, whichever is less. The employee shall be responsible for the balance of premiums, if any. a. $405 semi-monthly ($810 monthly) for employees enrolled in Employee-Only medical coverage.
b. $800 semi-monthly ($1,600 monthly) for employees enrolled in Employee+ 1 medical coverage.
c. $1,125 semi-monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.
c. The City shall pay one hundred percent (100%) of the dental and vision premiums for employees who waive medical coverage.
d. Employees who waive medical coverage shall receive $100 semi-monthly ($200 monthly) taxable compensation.
e. The City shall continue a Section 125 program for pre-tax deductions for the employee share of medical, dental, and vision insurance premiums.
f. 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 an employees employment.

Cash payments for medical waivers will be paid only through the end of the month in which an employee’s employment terminated. Such payment will be included in an employee's ﬁnal pay received from the City.

Any outstanding premiums required to continue beneﬁts through the end of the month of an employee's termination of City employment will be withheld from the ﬁnal pay received from the City.

The City retains the discretion to select the City plan(s) each year. In the event the City makes changes to the plan selection, the Group will receive advance notice and opportunity to discuss concerns regarding the changes.

ITEM 15
7 In the event that the Aﬀordable Care Act is repealed, the City agrees to meet and confer with the Union regarding this issue.

SECTION 4.3 Term Life

1. The City shall provide each employee covered by this agreement with a City-paid term life insurance policy equal to one-time annual base salary not to exceed $50,000 policy value.

2. The City 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 companies selected by the City.

ARTICLE V

RETIREMENT

SECTION 5.1 Membership

The City shall continue membership in the Stanislaus 1937 Act Retirement Plan.

SECTION 5.2 Retirement Beneﬁts

For employees hired before the date the City establishes a new pension tier with StanCERA, the City shall provide retirement beneﬁts pursuant to the formula outlined in Government Code Section 31664.1 commonly known as 3% at 50, calculated on the single highest year.

The California Public Employees’ Pension Reform Act of 2013 (PEPRA) Any provisions in this Agreement which contradicts any provision of PEPRA, shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and eﬀect.

Unit members hired on and after January 1, 2013, and designated as “new members” to StanCERA who are safety employees shall be enrolled in the 2.7% @ 57 retirement formula as required by law under PEPRA. As required under PEPRA, “new members” shall:
• Individually pay an initial Member contribution rate of 50% of the normal cost rate for the Deﬁned Beneﬁt Plan in which said “new member” is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater; and

• Have “ﬁnal compensation” measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months.

SECTION 5.3 City/Employee Contribution

Except for "new members" as deﬁned above in Section 5.2, the employee contribution for retirement will be as follows:

ITEM 15
8 • Classic members shall pay full employee retirement contribution.

• Employee's contribution shall be vested in the name of the employee as permitted under the rules and regulations of the 1937 Act Stanislaus County Retirement System.

SECTION 5.4 Deferred Compensation and Retiree Health Beneﬁts a. During open enrollment each year, members of the 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 of January each yea r. b. Upon retirement, 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 (a) of this agreement.
c. Upon retirement, 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 City's existing plan) at no cost to the City.

ARTICLE VI

UNIFORMS
SECTION 6.1 Uniform Allowance

a. For the term of this Agreement the annual uniform allowance shall be $1,500. b. The annual uniform allowance is to provide for all costs for uniform care including alterations, cleaning, 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 of duty 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 safety items by the department and listed in Section 6.4, of this Article VI. c. The uniform allowance will be paid to each employee under this agreement in two ﬁfty percent (50%) payments per year, on the regular issued payroll check. One- half the allowance will be paid on second payroll issued in June. The second half of the allowance will be paid on the second payroll issued in December. d. It is understood that the department has maintained a high standard for oﬃcer and uniform appearance. Each employee shall agree to maintain and care for uniforms in a manner that continues, and will in the future continue, to meet appearance and uniform standards as directed by the department.
e. The City shall pay the same uniform allowance under the same terms as Section 6.1. (b) above per year to oﬃcers assigned to plain clothes duty. The uniform allowance covers ITEM 15
9 all items as listed in Section 6.l(b) above in the event an employee is assigned from plain clothes duty to patrol or engages in patrol activities. f. The City shall pay uniform allowance, on a pro-rated basis to any employee leaving City service. Payment of pro-rated uniform allowance will be part of the employee's ﬁnal compensation.

SECTION 6.2 Recruit Uniforms
a. The City agrees to provide recruit oﬃcers entering the police service, at the time of appointment, the following:
• Two (2) shirts, long sleeve Two (2) shirts, short sleeve Two (2) trousers • One (1) cap
• One (1) utility jacket One (1) necktie
b. The uniform allowance for an entry oﬃcer shall be pro-rated beginning with the next month following the date of hire through the remainder of the calendar year.

SECTION 6.3 Special Assignment Issue

a. The City agrees to purchase the following initial equipment upon appointment of an employee to a special assignment:
1) M otorcycle Oﬃcer :

Helmet
Eye protection (day and night)
Winter/summer gloves
Riding pants
Riding boots
One (1) set (pant and\or shirt) per year upon department approval.

2) S WAT Team :

Eye protection
Balaclava
Helmet Nomex gloves

b. The assigned employee thereafter shall be responsible for care, natural wear and tear, replacement, excluding items damaged in the line of duty and additional items as per the terms of Section 6.1 of this Article VI during the remainder of the assignment.

SECTION 6.4 Uniform Safety Equipment

a. The City and the Association agree that certain items are considered safety equipment and department issued. Such department issued safety equipment shall include, but not be necessarily limited to:

1. Bulletproof vest.

2. Weapon and three magazines approved by the department for use.

ITEM 15
10 3. Duty leather to accompany dept. issued equipment.

4. Handcuﬀs

5. O.C. spray

6. Baton

7. Flashlight

b. The above items are considered issued items and City property and as such the employee is responsible for maintenance and care of the above items. The items will be considered for replacement upon determination by the department designee as to have sustained normal wear and tear to no longer be serviceable or damaged in the line of duty. Replacement under other circumstances remains at the discretion of the department.

ARTICLE VII

LEAVE PROVISIONS

SECTION 7.1 Sick Leave and Sick Leave Conversion
a. Each full-time employee will receive eight (8) hours sick leave for each full month of employment, to a total of ninety-six (96) hours per year. Each employee of the CPOA shall be allowed to accumulate an unlimited amount of sick leave. b. Any employee covered by this Agreement who has not taken more than the equivalent of 4.5 days of sick leave (excluding sick leave used concurrently with protected leave) during the twelve (12) month period beginning the ﬁrst pay period in January and ending the last pay period in December of each year shall be entitled to convert 24 hours of unused sick leave to leave with pay or contribute to their individual deferred compensation account, providing that at no time, including the 24 hour conversion, shall the employee's sick leave balance fall below 192 hours.

SECTION 7.2 Sick Leave Abuse

The City Manager or department head shall have the authority to demand certiﬁcation of sick leave by a licensed physician, dentist, or other recognized health practitioner. Normally this certiﬁcation will only be required from those individuals who have established a record clearly identiﬁable as potential abuse.

Examples of said abuse may be, but are not limited to, the following:
a. A recognizable trend of sick leave abuse involving sick leave days being used to extend normal days oﬀ.
b. An excessive use of sick leave. Excessive use is deﬁned as sick leave use which exceeds the average sick time usage of the department within any twelve-month period. Any major illness or injury or other extenuating circumstance, should be noted when determining excessive use.

ITEM 15
11 c. Any other developable trend which could cause suspicion, when documented, as abuse of sick leave.

SECTION 7.3 Sick Leave Compensation

a. Fifty percent, 50%, of unused sick leave shall be paid as compensation at retirement or contributed to the employees deferred compensation account in accordance with Section 5.S(b) as determined by the employee. Sick leave shall be paid at retirement at the current salary rate the employee is receiving from the City.

b. Deﬁnition of Retirement. For the purpose of this Section, the term "retiring" is deﬁned, understood and intended to mean, an employee's separation from employment with the City at a time when the employee qualiﬁes for pension beneﬁts whether service or non- service connected through the 1937 Act Retirement System, concurrent with the ﬁling of an application by the 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 the 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 the employee for deferral of retirement payments, is not considered as "retiring" for eligibility to receive payment for a portion of any unused sick leave beneﬁt as stated herein.

SECTION 7.4 Payment of Uniform Allowance and Assignment Pay on Non- Industrial Disability

a. Uniform allowance shall stop at the end of the 12th consecutive week of non- industrial disability leave and will not resume until the employee returns to duty. The allowance will resume on a pro-rated basis upon the employee's return to duty and paid in accordance with Section 6.l(a) herein.
b. Special assignment pay for employees shall stop at the end of the 12th consecutive week of non-industrial disability leave. Assignment pay may resume upon an employee's return to duty and reassignment to special duty by the Chief of Police or designee.

SECTION 7.5 Leave for Department Promotional Exams

a. Oﬀ-duty employees participating in department promotional exams will not be paid overtime if they elect to take part in department promotional exams. b. Employees who are on-duty during the time of the exam shall be given release time to attend the examinations. Release time is compensable.
c. If the department promotional exam is on the oﬀ-duty time of the employee and the employee is scheduled to work a shift following or prior to the scheduled department promotional exam, the employee will work the shift unless they make arrangements to submit for the time oﬀ.

ITEM 15
12 d. If the department promotional exam is during the employee's scheduled shift, the time spent during the department promotional exam process is paid and the employee is considered on duty. The employee must ﬁnish their shift upon completing the department promotional exam. If the employee chooses not to complete their shift, they must submit for time oﬀ to cover the time that remains on their scheduled shift.

SECTION 7.6 Shift Trades and Early Relief

a. The practice of shift trading shall be voluntary on the part of each employee involved in the trade. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. Any premium pay or other extra compensation will be waived for both individuals during the period they work for the other. Any hours worked beyond the normal workday will be credited to the individual actually doing the work.

1. "Paybacks" of shift trades are the obligation of the two employees involved in the trade. Any dispute as to paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.

2. A record of all initial shift trades and "paybacks" shall be maintained by the involved employees on forms provided by the department ("Shift Trade Log").

3. If one individual fails to appear for the other (regardless of the reason the person who was "traded in" will be listed as absent without leave and may be subject to disciplinary action.
b. Early Relief (Partial Shift Trades)
The practice of early shift relief shall be voluntary on the part of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours increased as a result of the early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.

ITEM 15
13 SECTION 7.7 Holidays

a. Employees shall receive six (6) holidays on the ﬁrst full pay period per calendar year, credited at ten (10) hours per holiday for a total of 60 (sixty) hours. This credit is to recognize that employees may be required to work on an observed city holiday. Holiday time credit will be pro-rated for all newly hired employees in their initial calendar year. b. Employees on the 4/10 or 4/11 work schedule who take the holiday oﬀ will be charged 10 hours for the holiday.
c. Holidays not taken by December 31 for holidays accrued in the calendar year shall be paid to an employee at the employee's hourly pay as of December 31, the second pay period in January of the following calendar year. Unused holiday time shall not be allowed to accrue or carried forward from one calendar year to the next calendar year. d. Employees assigned to other than a 4/10 or 4/11 shift plan observe the holidays as listed in paragraph 7.7(g) below.
e. City shall audit the holidays used by an employee and the holidays which have been observed by the City upon employee's termination, resignation, reassignment to a 5/2 (5 days on, 2 days oﬀ) shift, or retirement from the City. The City shall deduct any owed holiday time from accumulated vacation, CTO, or if accumulated time is not suﬃcient, from the ﬁnal pay issued upon ending city employment for holiday time used, but not yet observed by the City in that calendar year.
f. Accumulated holidays shall be paid to an employee at the hourly rate of pay calculated on a 260-day, 2,080 hour work year upon termination, resignation, or retirement from City service.
g. Ho
lidays are as follows :

New Year's Day
Martin Luther King Day Presidents' Day Memorial Day
Fourth of July Labor Day Veterans Day
Thanksgiving Day & day after
One-half day Christmas Eve and one-half day New Year's Eve Christmas Day Floating Holiday
SECTION 7.8 Vacations

a. Vacation leave administration is as stated in Personnel Rules, Rule X, Section 10.5(a) through (c)(3).
b. Paid vacation time for full time employees shall accrue, dependent on work schedule, as follows:

ITEM 15
14 Years of
Continuous
Service

Annual Accumulation

Equivalent Hours
Earned per Pay
Period 4/10 or 4/11
Schedule

Equivalent Hours
Earned per Pay
Period Other
Schedule
1 – 4 10 Days 3.846 Hours 3.08 Hours
5 – 10 15 Days 5.769 Hours 4.62 Hours
11 – 19 20 Days 7.692 Hours 6.15 Hours
20 + 1 additional day per year
for each year over 20,
maximum of 25 days per
year.

c. The above accruals will apply if the 4/10 detective and/or the 4/11 patrol shift are implemented.
d. Employees will not be allowed to accrue more than 480 hours of vacation time.

Employees who have reached the 480 hour maximum vacation accumulation shall not accrue additional vacation hours. Accrual of vacation hours shall resume once the balance is reduced through time oﬀ.
e. An employee may request a temporary waiver of the maximum accrual rate provision in

7.8 d. above. A temporary waiver of the vacation accrual cap shall be granted by the department head with approval of the City Manager only when a properly requested vacation has been denied and the employee's accrued balance will exceed 480 hours as a result of the inability to use the planned vacation. The temporary waiver will only be applied to those hours over the maximum which would have been used for an authorized vacation. The waiver hours shall be available for only six months from the date of the originally planned vacation and shall be used ﬁrst for time oﬀ when taken.

The waiver hours will be accounted for separately and will not appear on the vacation earned column on an employee's pay stub.

SECTION 7.9 Bereavement Leave

a. An employee of this bargaining unit shall be entitled to leave with pay for a maximum of ﬁve (5) scheduled work days in the event of the death of the employee's spouse, registered domestic partner, or children, including stepchildren. Other than said paid leave, such leave does not accrue or have any cash value. b. An employee of this bargaining unit shall be entitled to leave with pay for a maximum of three (3) scheduled work days, in the event of the death of the employee's parents, siblings, grandchildren or grandparents. Other than said paid leave, such leave does not accrue or have any cash value.

The deﬁnition of parent and siblings as used herein shall mean stepparent or half- sibling, foster parent as well as natural parents of the employee. c. An employee of this bargaining unit shall be entitled to leave with pay for a maximum of one (1) scheduled work day in the event of the death of an employee's brother-in-law, ITEM 15
15 sister-in-law, or parents or grandparents by marriage or registered domestic partnership.

Other than said paid leave, such leave does not accrue or have any cash value. d. Additional time may be granted and paid from accrued vacation or CTO time upon request from the employee and approval of the appropriate department representative. e. The City reserves the right to request proof of the death of the deceased and the employee's relationship to the deceased.

ARTICLE VIII

STANDARD WORK PERIOD AND TRAINING DAYS

SECTION 8.1 Work Schedules

a. Four-Ten (4/10) Schedule
Employees assigned to Detectives, or the Traﬃc Unit normally work a 4/10 schedule. The 4/10 schedule shall consist of four (4) consecutive workdays of ten (10) hours each followed by three (3) consecutive days oﬀ in a twenty-eight (28) day work period. b. Four-Eleven (4/11) Schedule

1. Employees assigned to Patrol normally work a 4/11 schedule. The 4/11 schedule shall consist of four (4) consecutive workdays of eleven (11) hours each followed by four (4) consecutive days oﬀ in a twenty-ﬁve (25) day work period. The eight- day work cycle repeats every eight (8) weeks.

2. Eﬀective January 1, 2017, employees assigned to a 4/11 schedule will be responsible to account for forty (40) additional hours per year. These hours shall be scheduled by the department for required training or additional duties as assigned. Eﬀective July 1, 2021, 38 hours will be credited/coded as non-paid vacation time to reﬂect the hours are StanCERA pensionable hours.

Employees who do not meet the required yearly regular hours may elect to use vacation, comp time or holiday time to make up any deﬁcit hours. Employees on approved sick leave may utilize sick leave to make up time. Employees shall be required to make up mandated training.

ARTICLE IX

OVERTIME/STANDBY/COURT APPEARANCE/CALL OUT

SECTION 9.1 Overtime

a. Overtime is deﬁned as actual time worked in excess of a regularly scheduled shift. The City agrees to provide overtime at the premium rate of one and one-half times the actual hours worked. In calculating overtime eligibility, sick leave, vacation leave, bereavement leave, and compensatory time shall not be considered as time “worked” in ITEM 15
16 meeting the work performed in excess of the member’s designated regular daily work hours minimum in calculating overtime eligibility.
b. The employee shall have the option of being paid or accumulating CTO for overtime worked. Request for payment of overtime shall be made on the employee time card submitted covering the pay period during which the overtime was earned.

Compensatory time oﬀ shall be scheduled with the approval of the department head, or designee.
c. If an employee accumulates more than one hundred twenty (120) hours of compensatory time oﬀ during any calendar quarter, consideration for payment at a regular rate shall be made in accordance with the following:

1. All time in excess of 120 hours at the end of each calendar quarter shall be paid on the ﬁrst pay period following the end of the quarter at the employee's current regular rate of pay. In addition, employees may request CTO hours in excess of 48 hours at the end of each calendar quarter to be cashed out on the ﬁrst pay period following the end of the quarter, at the employee's current regular rate of pay. Requests will be submitted two pay periods in advance of the end of calendar quarter.

Calendar quarters end the last day of March, June, September and December.

2. Employee may option to split time oﬀ and payment with department approval.

3. CTO usage will occur within a reasonable time period after making a request unless using the CTO will unduly disrupt operations. CTO usage requires the approval of the Chief of Police or his/her designee. d. Upon separation from employment, compensatory time oﬀ shall be cashed out at the higher rate of employee pay, either the employee's ﬁnal regular rate of pay, or the employee's average regular rate of pay during the last three years of employment. (Overtime shall be calculated at the premium rate of one and one-half times per hour times the regular rate of pay for the employee if payment is made.) SECTION 9.2 FLSA 7K Exemption

a. Pursuant to the provisions of the Fair Labor Standards Act, the City of Ceres hereby declares a 7K exemption for Sergeants and Police Oﬃcers represented by this Agreement eﬀective December 31, 2005. Accordingly, the work period for employees on a 4/11 work schedule shall be 25 days encompassing 153 hours; the work period for employees on a 4/10 work schedule shall be 28 days encompassing 171 hours. b. The Purpose of this Section is to permit compressed work schedules. This Section does not change the past nor current practice of how overtime is calculated or paid for all work performed beyond the regularly scheduled work shifts.

ITEM 15
17 c. For purposes of administration, it will be assumed that unless the employee directs the Finance Department otherwise, all overtime will be paid. The employee shall have the responsibility to request, in writing, compensatory time oﬀ for those hours speciﬁed in this Agreement.
d. Should FLSA be rescinded for employees represented by this agreement, the City and the CPOA agree to re-open the overtime provisions of this agreement.

SECTION 9.3 On-Call Pay

a. Employees required to be on-call will be paid two (2) hours of straight time hourly pay per day when assigned to be on-call.
b. Rotation of on-call status will be fair and equitable. While on-call, each employee agrees to be readily accessible via telephone, radio, and answer all calls promptly. c. The City is not required to assign any employee to on-call status and nothing contained in this Article, Section or Agreement commits or requires the City to assign employees to on-call duty.
d. Detectives shall be eligible for on-call pay.

SECTION 9.4 Court Appearance

a. For actual court appearance from 8 AM to 1 PM, four (4) hours minimum at time and one-half shall be paid.
b. For actual court appearance from 1 PM to 5 PM, four (4) hours minimum at time and one-half shall be paid.
c. The option of paid compensation or compensatory time-oﬀ shall be granted at time and one-half rate.
d. Court appearance time will be credited toward the hours worked as established by the Fair Labor Standards Act referred to in Article IX; Section 9.2(a) of this agreement. Court appearance within one (1) hour prior to or after regularly scheduled shift shall be paid at time and one-half and the four (4) hours court minimum does not apply. e. Those employees on standby shall receive a minimum of two (2) hours at the time and one-half premium rate. The two (2) hours shall be paid unless compensatory time oﬀ is elected by the employee within the framework established in Article IX, Section 9.l(b) of this agreement.
f. Should an employee on standby pursuant to Section 9.4(e) be called to court, then Section 9.4(a) or (b) shall apply and overtime shall be paid according to Section 9.4(a) or (b).
g. The provisions of Section 9.4(a) or (b) shall prevail when an employee on standby who proceeds and appears at court after receiving a call to do so, is subsequently then "called-oﬀ'.

ITEM 15
18 h. Employees who are oﬀ duty and appearing for court will furnish their own transportation to and from court.

SECTION 9.5 Call Out

a. Call out to duty shall not apply to court appearance as outlined in Section 9.4 above. b. Calls to begin a regularly assigned shift 2 hours or less before an assigned shift shall be reckoned by the time actually worked and shall not be considered call out to duty.

Employee requested to report to work more than two (2) hours early on a regularly assigned workday shall be paid a minimum of four (4) hours at time and one-half. c. Requests to work past a regularly assigned shift when presented prior to the normal end of shift shall not be considered call out time.
d. Employees who receive a minimum of seventy-two hours (72 hours) notice to work on an unscheduled workday shall be paid a minimum of two (2) hours at time and one- half upon reporting for duty. A minimum of four (4) hours at time and-one-half shall be paid to employees who are called to duty and who report to duty on an unscheduled workday who do not receive a minimum of seventy-two hours (72 hours) advance notice.
e. The above paragraph d. does not apply when an employee voluntarily agrees to work overtime which may be less than the seventy-two hour (72 hour) notice. f. Employees receiving call-out pay of 4 hours may be assigned additional duties for the full time paid.

ARTICLE X

PAY INCENTIVES

SECTION 10.1 Educational Incentive

In order to promote more highly trained and skilled oﬃcers in the ﬁeld, the City is willing to provide an education incentive to those individuals who demonstrate their improved training and education level.

The method for demonstrating improvement shall be the acquisition of certiﬁcates issued by the Peace Oﬃcers Standards and Training. The incentive provided shall be as follows:
a. 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 additional pay incentive of two and on-half percent (2 ½%). b. 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 61 and 90 acceptable college units shall receive an additional pay incentive of ﬁve percent (5%).

ITEM 15
19 c. For those individuals who currently have, or who obtain during the terms and 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 (7.5%). d. For those individuals who currently have, or who obtain during the terms and conditions of this contract, an Advanced Certiﬁcate issued by the Commission on Peace Oﬃcers Standards and Training, and 91 or more acceptable college units, to and including a college degree, shall receive an additional pay incentive of ten percent (10%). e. 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 level obtained. Educational incentive pay is eﬀective from the date the written request is approved by the department.
f. Acceptable college units will be determined by the appropriate college catalog under which the employee is enrolled. The college shall provide proof of a declared major and the date of the appropriate catalog. Any question as to the validity of acceptable units shall be determined by the college in which the employee is enrolled. g. The percentages shall be applied singularly and not compounded; i.e., two and one- half percent (2 ½%) for Intermediate Certiﬁcate and an additional ﬁve percent (5%) for higher educational attainment shall not be combined to be 7.5%.

SECTION 10.2 Bilingual Pay

a. Employees that meet the bilingual pay requirements and obtain certiﬁcation of proﬁciency will receive 2.5% per month pay incentive on hourly salary. b. Bilingual pay will be paid for one language only to include the following: Spanish, Portuguese, and any Middle Eastern or Southeast Asian language. c. Bilingual pay requirements, standards, testing and documentation for bilingual pay procedures will be established by the Chief of Police and the City Manager's oﬃce.

SECTION 10.3 Longevity Pay

Bargaining unit member with 10 or more years of full-time law enforcement experience as a sworn peace oﬃcer are eligible to receive a ﬁve percent (5%) longevity pay diﬀerential. Three of the ten years of law enforcement experience must be continuous years of service with the City of Ceres. A break in service of less than six months will count towards the ten years or more of full-time law enforcement experience as a sworn peace oﬃcer for eligibility.

ARTICLE XI

ASSIGNMENT PAY

ITEM 15
20 SECTION 11.1 Detective

a. The assignment of Detective and Detective Sergeant is designated at the discretion of the Chief of Police or designee. An employee assigned as a Detective or Detective Sergeant shall receive assignment pay of 5% of his/her base monthly salary for the duration of the assignment. Assignment pay shall cease when the assignment of Detective or Detective Sergeant is removed.
b. Assignment of a patrol oﬃcer to Investigations is not considered a promotion. The Chief of Police, or designee, may utilize any criteria or selection method of his discretion to ﬁll the assignment of Detective. The Detective assignment may be removed from an employee at the discretion of the Chief of Police, or designee, and unless speciﬁcally stated as such, removal of the assignment is not considered punitive in nature.

SECTION 11.2 Field Training Oﬃcer

a. The assignment of Field Training Oﬃcer is hereby established. Field Training Oﬃcers are assigned at the discretion of the Chief of Police or designee. An oﬃcer assigned as a Field Training Oﬃcer shall receive assignment pay of 2.5% of his/her hourly compensation. The assignment pay shall cease when the assignment of Field Training Oﬃcer is removed.
b. A Field Training Oﬃcer is an assignment of a patrol oﬃcer from the Police Division and shall not be considered a promotion rating.
c. The Chief of Police, or designee, may utilize a selection method of his discretion to ﬁll this assignment. The assignment of Field Training Oﬃcer may be removed from an employee at the discretion of the Chief of Police, or designee, and unless speciﬁcally stated as such, removal of the assignment is not punitive in nature.

SECTION 11.3 Out of Class Assignment

a. The department may work employees out of classiﬁcation for up to twenty (20) consecutive working days without additional compensation. On the twenty-ﬁrst (21st) consecutive working day the employee works out of classiﬁcation and for each additional consecutive working day the employee works out of classiﬁcation, they will be paid at the step A of the class to which assigned.
b. In no event shall the employee receive lower than a ﬁve percent (5%) increase in pay for out of class assignment.
c. Investigators and Field Training Oﬃcers designated to an out-of-class assignment shall receive only the class assignment pay.

SECTION 11.4 Canine Unit

ITEM 15
21 a. CANINE PAY: The parties agree that three tenths of an hour (.3) per day, 365 days per year or 9.1 hours per month is hereby recognized as the amount of time required per day for kennel care (feeding and grooming) of police canines. The parties agree to discuss canine care during the term of the Agreement.
b. The following formula establishes a weighted pay rate by deﬁning total monthly pay, combining a police oﬃcer's regular salary and minimum wage for kennel care. The total monthly pay is divided by the total hours worked, deﬁned as regularly scheduled on- duty police oﬃcer hours and kennel care as described above, excluding regular overtime. The weighted pay rate shall be paid at time and one half for kennel care only.

All other overtime worked including, but not limited to, canine demonstrations, training and police work shall be paid in accordance with Article IX of this Memorandum of Understanding.
c. Oﬃcers assigned to the department's K-9 unit shall receive assignment pay based on the following formula and based upon :LU minutes per day for canine care:
.3 hours per day
x7 days per week

2.1 hours per week
x52 weeks per year
109.20 hours per year
)12 months in the year

9.1 hours per month kennel care
$X.XX current federal minimum wage
$XX.XX monthly kennel care pay
+$XXX.XX current officer base pay
=$XXX>XX Total monthly pay

$XXXX.XX total monthly pay
)182.4 total hours worked
(Kennel care 9.1 + scheduled duty 173.3)
=$XX.XX hourly weighted pay rate
x 1.5 OT rate
=$XX.XX weighted OT pay rate

9.1 hours per month
=$XXX.XX monthly OT kennel care pay

d. The Chief of Police, or designee, may utilize a selection method of his discretion to ﬁll this assignment. The assignment of K-9 unit may be removed from an employee at the discretion of the Chief of Police, or designee, and unless speciﬁcally stated as such, removal of the assignment is not punitive in nature.

SECTION 11.5 SWAT

a. Oﬃcers assigned to the department's SWAT unit shall receive a ﬂat rate assignment pay equal to two and one-half percent (2.5%) of a top step police oﬃcer's monthly salary for the rank of police oﬃcer, regardless of rank per month.

ITEM 15
22 b. The Chief of Police, or designee, may utilize a selection method of his discretion to ﬁll this assignment. The assignment to SWAT unit may be removed from an employee at the discretion of the Chief of Police, or designee, and unless speciﬁcally stated as such, removal of the assignment is not punitive in nature.

SECTION 11.6 Motor Oﬃcer

In lieu of assignment pay and for recognition of equipment and vehicular maintenance requirements for the motorcycle, the City agrees to provide 14 hours per month, 30 minutes per shift, to the motor oﬃcer for motorcycle maintenance and care. The parties recognize that this is release time from the oﬃcer's duty shift, ﬂexed within the pay period, as determined by the oﬃcer with supervisory approval. The parties agree that this time fully covers the motorcycle maintenance and care requirements.

SECTION 11.7 School Resource Oﬃcer, DARE Oﬃcer . Equestrian Unit

a. Oﬃcers assigned to School Resource Oﬃcer (SRO) and DARE assignments shall receive ﬁve percent (5%) assignment pay eﬀective January 1, 2004. Assignment pay ends when the assignment is removed.
b. SRO and DARE are assigned at the discretion of the Chief of Police or designee. c. The Equestrian Unit assignment is at the discretion of the Chief of Police or designee and they may utilize a selection method at their discretion to ﬁll this assignment. d. It is agreed and understood that the City Council Resolution 2002-26 and the attached agreements are the governing documents which cover the terms and conditions under which assigned oﬃcers/sergeants will provide their horses for use in the Equestrian Unit.

SECTION 11.8 Ceres Neighborhood Enhancement Team

a. Assignment to the Ceres Neighborhood Enhancement Team (CNET) is given at the discretion of the Chief of Police and in accordance with Department Policy. An oﬃcer assigned to CNET shall receive assignment pay of ﬁve percent (5%). For salary administration purposes only, assigned Police Oﬃcers shall be paid at the same salary range as Investigator, 38U, and the assigned Sergeant shall be paid at the same salary range as Investigative Sergeant, 44U. The assignment pay shall cease when the assignment to CNET ends.
b. Assignment to CNET shall not be considered a promotion. The Chief of Police may utilize a selection method of his/her discretion to ﬁll the assignment. The assignment may be removed from an employee at the discretion of the Chief of Police, and unless speciﬁcally stated as such, removal of the assignment is not considered punitive in nature.
c. This provision and the assignment pay shall be eﬀective, retroactively, to July 13, 2015 for the Sergeant assigned to CNET as of that date, only. All other oﬃcers who may be assigned in the future shall receive the assignment pay as of the date of their assignment to CNET.

ITEM 15
23 SECTION 11.9 Internal Aﬀairs Sergeant

a. Sergeants assigned by the Chief of Police to Internal Aﬀairs shall receive ﬁve percent (5%) assignment pay. Assignment pay ends when the assignment is removed. b. Assignment to Internal Aﬀairs is not considered a promotion. The Chief of Police, or designee, may utilize any criteria or selection method of his discretion to ﬁll the assignment of Internal Aﬀairs. The Internal Aﬀairs assignment may be removed from an employee at the discretion of the Chief of Police, or designee, and unless speciﬁcally stated as such, removal of the assignment is not considered punitive in nature.

ARTICLE XII
SAFETY

SECTION 12.1 Participation in Employee Safety Program

The CPOA will actively cooperate with the City in the development and implementation of an Employee Safety Program, and in the improvement of employee safety practices. CPOA employees will, at all times, observe proper employee safety practices, and the City Manager will meet with CPOA representatives to discuss safety practices upon request.

SECTION 12.2 Safety Equipment

CPOA employees will, at all times, wear and use all safety equipment provided by the City, and the CPOA will cooperate in the enforcement of this policy. Safety equipment purchased by the City remains the property of the City.

SECTION 12.3 Firearms Training

Employees will attend ﬁrearms training a minimum of one (1) time during each calendar quarter and shall qualify a minimum of two (2) times per calendar year.

ARTICLE XIII

FITNESS

SECTION 13.1 Use of City Gym

The City provides an equipped gym for the use of employees. Use of the gym is recognized as strictly voluntary and does not constitute compensable time under FLSA regulations.

ITEM 15
24 ARTICLE XIV

SERVICE TO THE PUBLIC

The CPOA will actively assist in and encourage improved service to the citizens of Ceres, and CPOA employees will, at all times, provide helpful and courteous service to the citizens of Ceres.

ARTICLE XV

PUBLIC RELATIONS, PROFESSIONAL POSTURE AND CONDUCT

All CPOA employees will, at all times, maintain themselves in a respectful and proper manner, and the CPOA will cooperate with the City to achieve this goal.

ARTICLE XVI

CPOA RESPONSIBILITIES

a. Recognizing the crucial role of law enforcement in the preservation of the public health, safety, and welfare of a free society, the CPOA agrees that it will take all reasonable steps to cause the employees covered by this Agreement individually and collectively, to perform all police duties, rendering loyal and eﬃcient service to the very best of their abilities.
b. The CPOA, therefore, agrees that there shall be no interruption of these services for any cause whatsoever by the employees it represents; nor shall there by any concerted failure by them to report for duty; nor shall they absent themselves from their work or abstain, in whole or in part, from the full, faithful, and proper performance of all the duties of their employment.
c. The CPOA further agrees that it shall not encourage any strikes, sit-down, stay-ins, slow- downs, speed-up, stoppages of work, malingering, or any acts that interfere in any manner or to any degree with the continuity of the police services.

ARTICLE XVII

MANAGEMENT RIGHTS

It is understood and agreed that it is the interest and prerogative of the employer to operate and manage its aﬀairs to the full extent of the law. Included in, but not limited to those duties and powers are the exclusive prerogative to:

Determine its organization; direct work of its employees, determine the time and hours of site operation; determine the kinds and levels of services to be provided, and the methods and means of ITEM 15
25 providing them; establish its policies, goals, and objectives; determine staﬃng patterns; determine the number and kinds of personnel required, maintain the eﬃciency of employer operations; build, move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work; and take appropriate action on any matter in the event of an emergency. In addition, the employer retains the rights to hire, lay-oﬀ, classify, terminate, or otherwise discipline for good cause, assign, evaluate, and promote employees, as long as it does not violate the provisions of the Agreement.

The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the employer, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited by the speciﬁc and express terms of this Agreement.

Whenever practicable, the employer shall initiate meeting and negotiating sessions with the CPOA concerning the impact of the emergency prior to implementing the modiﬁcations to the agreement.

But, in any event, when an emergency has been declared either party may serve notice on the other that it desires to meet and negotiate concerning the impact of the emergency upon the agreement, and the other party shall agree to meet and negotiate within ﬁve (5) working days from receipt of notice.

ARTICLE XVIII

APPEALS PROCEDURE

SECTION 18.1 Appeal Procedure for Disciplinary Action

Pursuant to this Agreement bargaining unit employees shall relinquish the right to an appeals board hearing in accordance with City Personnel Rule Sections 13.7-13.13 for discipline imposed which is considered a non-disciplinary transfer, a written reprimand, or less (by normal progressive discipline standards).
a. Modiﬁcation of Personnel Rule XIII Disciplinary Action Eﬀective November 27, 2017, the City's Personnel Rule XIII - Disciplinary Action, is modiﬁed with regard to disciplinary action involving the following proposed disciplinary actions:
• Discharge;
• Disciplinary suspension or reduction in pay resulting in loss of compensation of 40 work hours or more;
• Disciplinary demotions;
• Disciplinary transfers (excluding non-disciplinary transfers such as rotations or assignments based on managerial preference).

1. Written Notice
ITEM 15
26 In the event that the Department determines that a permanent employee should be disciplined as stated in Section 18.1(a) above, written notice of the proposed discipline shall be served on the employee either by personal service or by U.S. mail addressed to the employee at his/her last known address. Said written notice shall state: (1) the reason(s) for the proposed discipline, (2) the eﬀective date of the action, and (3) the speciﬁc acts or omissions upon which the proposed action is based, stated in ordinary and concise language. Service shall be deemed complete on the day the employee is personally served, or if service is by mail, two days after notice is deposited in the U.S.

Mail.

2. Employee Review The employee will be given an opportunity to review the documents or materials upon which the proposed discipline is based, and, if practical, the employee will be supplied with a copy of the documents at the time the written notice of the proposed discipline is served on the employee.

3. Employee Response and Decision of Department Head. Within seven (7) working days after service of the notice of proposed discipline, the employee will have the right to respond orally or in writing, at the employee's option, to their respective Department Head or the Department Head's designee concerning the proposed disciplinary action.

The employee may have a representative of his/her choice present at the time such response is made. The Department Head or designee, shall consider the employee's response and shall aﬃrm, modify, or suspend the proposed disciplinary action. The decision of the Department Head or designee shall be served on the employee in the same manner as provided in Section 13.3 of the Personnel Rules for the service of the notice of proposed disciplinary action within seven (7) working days of receipt of the employee's written response or oral presentation. The decision of the Department Head, or designee, shall advise the employee of his/her appeal rights.

4. Right of Appeal
The employee may, within seven (7) days of service of the decision of the Department Head, or designee, appeal the decision. The appeal must be in writing and state speciﬁcally the reason(s) upon which the appeal is based and the restitution being sought. If the employee fails to appeal within the speciﬁed time, or subsequently withdraws his/her appeal, the disciplinary action taken by the Department Head, or designee, shall be ﬁnal. The appeal shall be ﬁled with the City Manager.

5. Type of Appeal
Upon ﬁling the request for an appeal, the employee shall state whether he/she wishes to process the appeal under the current provisions of Personnel Rule, Section 13.8 to the Appeals Board, or whether he/she wishes to process the appeal by the Arbitration provisions provided herein. The Arbitration procedure may be used only when the Department Head, or designee, decision imposes discipline as stated in Section 18.l(a) above.

6. Submission of the Disciplinary Appeal to Arbitration ITEM 15
27 In lieu of appealing a discipline before the Appeal Board, an employee may elect to appeal the discipline to Arbitration by an outside arbitrator. a. Selection of Arbitrator
If the employee elects to have the disciplinary proceeding heard by an arbitrator, the arbitrator may be selected by mutual agreement between the City Manager, or his designee, and the employee or his/her representative. However, should the parties fail to mutually agree on an arbitrator they shall make a joint request of the State Conciliation Service for a list of nine (9) qualiﬁed arbitrators. The arbitrator shall be selected from the list by the parties alternately striking names with the ﬁrst strike determined by chance, until only one name remains, and that person shall serve as arbitrator.

The City Manager, or his designee, shall forthwith transmit the order and appeal to the arbitrator for hearing. The arbitrator shall, within a reasonable time of the ﬁling of appeal and the selection of the arbitrator, commence the hearing thereof, and the City Manager, or his designee, shall notify the interested parties of the time and place of hearing at least ten (10) days in advance thereof.
b. Arbitration Issues
The parties shall exchange summaries of evidence, and a list of witnesses to be used by each side, which shall be submitted not less than ﬁve (5) working days· prior to the arbitration hearing.
c. Arbitration Expenses Shared
The cost of employing the arbitrator and the court reporter, excluding the transcript, shall be borne equally by both parties to the arbitration. All other costs such as, but not limited to, attorney fees shall be borne only by the party incurring that cost.
d. Arbitrators Decision Due
Unless the parties agree otherwise, the arbitrator shall render the decision in writing within 60 days following the close of the hearing. A copy of the written decision shall contain ﬁndings of fact which may be stated in the language of the pleadings or be referenced thereto. If requested by either party the decision shall be accompanied by ﬁndings of fact and conclusions of law.

The arbitrator shall determine whether to sustain, reject, or modify the disciplinary action against the employee. A copy of the written decision shall be transmitted to the Department Head and the City Manager or his designee. The City Manager, or his designee, shall cause to be served a copy of the decision upon the employee. Service by mail at the employees last known address shall be suﬃcient for purposes of this section. A copy of the decision shall be placed in the employees personal history ﬁle. The decision of the arbitrator shall be ﬁnal and binding on both parties.

ITEM 15
28 e. Non-Employee Organization Representation
In the event that an employee chooses to represent himself /herself, or arranges for representation independent of the recognized employee organization, the costs of the hearing oﬃcer or arbitration as provided herein shall be borne equally by both parties to the arbitration. This includes the cost of employing the arbitrator and the court reporter, excluding the transcript.

ARTICLE XIX

LAYOFF REINSTATEMENT

SECTION 19.1 Layoﬀ Reinstatement

Employees laid-oﬀ from employment in accordance with Ceres Personnel Rule XVI. Layoﬀ Policy and Procedure shall be maintained upon the City's re-employment list for three consecutive (3) years while employees who are demoted in lieu of layoﬀ, shall have ﬁve (5) consecutive years in which to be reinstated to a previously held position.

CITY OF CERES CERES POLICE OFFICERS’ ASSOCIATION
Dated: ___________________, 2024 Dated: ______________________, 2024

Antonio Arguelles
Goyette & Associates

Douglas D. Dunford, City Manager Brian Petersen
Ceres Police Officers’ Association

Delilah Vasquez, Human Resources Director

ITEM 15
ITEM 15

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Ja
mes Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 24, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Delilah Vasquez, Human Resources Director
[email protected], (209) 538-5772
SUBJECT:

Resolution No. 2024- XXX, Ratifying the Memorandum of
Understanding between the City of Ceres and Ceres Public Safety Mid Managers Association and Authorizing the City Manager to Execute the Memorandum of Understanding
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council ratify the Memorandum of Understanding with the Ceres Public Safety Mid Managers Association to be effective July 1, 2024.

I. BACKGROUND:

The Mem
orandum of Understanding with the Ceres Public Safety Mid Managers Association expires on June 30, 2024. The City’s negotiating team has been meeting with the group under the parameters set by the City Council.

II. REASO NS FOR RECOMMENDATION:

The City has reached agreement on all terms and conditions of employment with the Ceres Public Safety Mid Managers Association ( Attachment B ). On June 11, 2024, tentative agreement was ratified by this Group. The main provisions of the MOU agreement are as follows:

Wage I
ncrease:
• An 8% wage increase the first full pay period following July 1, 2024.

Unif
orm Allowance:
• Increased the annual uniform allowance to $1,500.00.

Longevi
ty Pay Differential:
• 5% pay differential for ten years of sworn law enforcement experience, three years of the ten years must be continuous years of service with the City of Ceres.

ITEM 16

Health Benefits
• Effective January 1, 2025, the City shall contribute the following amounts toward the combined premiums for medical, dental, and vision on a semi-monthly basis:
• $405 semi -monthly ($810 monthly) for employees enrolled in Employee Only medical coverage.
• $800 semi -monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.
• $1,125 semi -monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

Elimination of Voluntary Benefits
• $50 semi-monthly over 24 pay periods eliminated.

III. F
ISCAL IMPACTS:

Funding for this recommendation is included in the Fiscal Year 2024-2025 Budget.

IV. EXI STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

V. PO
LICY ALTERNATIVES:

Council can choose not to approve the contract.

VI. I NTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBL IC PARTICIPATION:

N/A
VIII. ENVI RONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Approved by: ____________________
Douglas D. Dunford,
City Manager

ITEM 16
Attachments:

1. Attachment A – Resolution

2. Attachment B – Tentative Agreement

3. Attachment C – Memorandum of Understanding
ITEM 16
ITEM 16

ATTACHMENT A
RESOLUTION NO. 2024-XXX

RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF CERES AND THE CERES PUBLIC SAFETY MID

MANAGERS ASSOCIATION AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE MEMORANDUM OF UNDERSTANDING

THE CITY COUNCIL
City of Ceres

WHEREAS, the Memorandum of Understanding between the City of Ceres and the Ceres Public Safety Mid Managers Association expires on June 30, 2024; and

WHEREAS, the City’s negotiating team and Ceres Public Safety Mid Managers Assocation have met and conferred regarding terms and conditions of employment, reaching tentative agreement as set forth in “Attachment B” hereto attached; and

WHEREAS, the Parties have executed the Memorandum of Understanding as set forth in “Attachment C” hereto attached.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the Memorandum of Understanding between the City of Ceres and the Ceres Public Safety Mid Managers Association and authorizes the City Manager to execute the Memorandum of Understanding.

BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 16
ITEM 16

ATTACHMENT B

THE CITY OF CERES AND CERES PUBLIC SAFETY MID

MANAGERS ASSOCIATION SUCCESSOR AGREEMENT
06/11/24
1) Term – 1 Year, expiration June 30, 2025.

2) Wage Increase:
• 8% upon ratiﬁcation and council approval the ﬁrst full pay period following July 1, 2024.

3) Uniform Allowance
• Increased the annual uniform allowance to $1,500.00.

4) Longevity Pay Differential
• 5% pay differential for ten years of sworn law enforcement experience, three years of the ten years must be continuous years of service with the City of Ceres. A break in service of less than six months for calculating sworn law enforcement the ten years of service.

5) Elimination of Voluntary Health Beneﬁts
• $50 semi-monthly over 24 pay periods eliminated.

6) Health Beneﬁts
• Effective January 1, 2025, the City shall contribute the following amounts toward the combined premiums for medical, dental, and vision on a semi-monthly basis:
o $405 semi-monthly ($810 monthly) for employee enrolled in Employer-Only medical coverage.
o $800 semi-monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.
o $1,125 semi-monthly ($2,250 monthly) for employees enrolled in Employee + Family (more than one dependent) medical coverage.

ITEM 16
ITEM 16
Memorandum of
Understanding Between
the City of Ceres and
Ceres Public Safety Mid
Managers Association

2024
EFFECTIVE THROUGH JUNE 30, 2025

CITY OF CERES|

ATTACHMENT C
ITEM 16
1 Table of Contents
Section I. RECOGNITION ................................................................................................................................ 3 Section II. COMPENSATION ........................................................................................................................... 3 Salary Adjustments ................................................................................................................................... 3 SECTION II.I Pay Incentives ........................................................................................................................ 3 Longevity Pay ............................................................................................................................................ 3 Section III. SALARY STEPS .............................................................................................................................. 4 A. Step A: .............................................................................................................................................. 4 B. Step B: .............................................................................................................................................. 4 C. Step C: .............................................................................................................................................. 4 D. Step D: .............................................................................................................................................. 4 E. Step E: .............................................................................................................................................. 4 F. Step F: .............................................................................................................................................. 4 Section IV. HEALTH & WELFARE ..................................................................................................................... 5 A. Term Life Insurance .......................................................................................................................... 5 B. Health Beneﬁts ................................................................................................................................. 5 Section V. LEAVES .......................................................................................................................................... 6 A. Sick Leave and Sick Leave Conversion .............................................................................................. 6 B. Vacation ........................................................................................................................................... 7 C. Paid Holidays .................................................................................................................................... 8 D. Management Leave .......................................................................................................................... 8 E. Jury Duty and Witness Appearances................................................................................................ 8 F. Bereavement Leave .......................................................................................................................... 9 Section VI. OVERTIME ................................................................................................................................... 9 Section VII. MISCELLANEOUS BENEFITS ...................................................................................................... 10 A. Retirement ..................................................................................................................................... 10 B. Retiree Health Savings Account ..................................................................................................... 10 C. Memberships ................................................................................................................................. 11 D. Uniform Allowance ........................................................................................................................ 11 E. Educational Incentives ................................................................................................................... 11 F. Professional Development ............................................................................................................. 12 G. Extension of Re-Employment List .................................................................................................. 13 H. Continuation of Beneﬁts ................................................................................................................ 13 ITEM 16
2 Section VIII. CITY RIGHTS ............................................................................................................................. 13 Section IX. TERM OF AGREEMENT .............................................................................................................. 13

ITEM 16
3 AGREEMENT BETWEEN THE CITY OF CERES AND

CERES PUBLIC SAFETY MANAGERS

Section I. RECOGNITION
A. The City of Ceres and the Ceres Public Safety Managers group agree that for purposes of administration, this agreement shall pertain to the following positions:

Public Safety Managers
Police Captain
Police Lieutenant

B. The City shall have the right to extend this agreement or modify the above to include other positions as it may deem necessary for the conduct of City business.

C. The classifications or job titles used above are for descriptive purposes only.

Their use is neither an indication nor a guarantee these classifications or titles will continue to be utilized by the City, and neither is it an assurance by the City the positions will be budgeted or filled.

D. In the event the Ceres Public Safety Managers requests that the City deduct dues from employee payroll on behalf of the Association, the City and the Association will agree on a “Hold Harmless” provision in advance of any deduction.

E. T he City shall provide the Group with a roster of current bargaining unit members every 120 days. The City shall give the Group a minimum of two business days’ notice prior to the orientation of a new bargaining unit member.

Section II. COMPENSATION
Salary Adjustments
The city agrees to provide the following wage adjustments:

• An 8% wage increase upon ratification and council approval the first full pay period following July 1, 2024.

SECTION II.I Pay Incentives

Longevity Pay

Bargaining unit members with 10 or more years of full -time law enforcement experience as a sworn peace officer are eligible to receive a five (5%) longevity pay differential. Three ITEM 16
4 of the ten years of law enforcement experience must be continuous years of service with the City of Ceres. Breaks in service of less than six months at agencies other than the City will count towards the ten years or more of full- time law enforcement experience as a sworn peace officer for eligibility.

Section III. SALARY STEPS

To increase retention and recruitment a new salary scale will be effective July 1, 2022.

Members currently at F step, would be moved to E step without any changes to their current salary. Current members affected by the move to E step, will be eligible for F step in conjunction with the personnel rules 9.1.

The Salary Administration of the City shall be as follows:

B. Step B: The second salary step: Six (6) months of satisfactory service at the first salary step A shall make an employee eligible.

C. Step C: The third salary step: Twelve (12) months of satisfactory service at the second salary step B normally shall make an employee eligible.

F. Step F: The sixth salary step: Twelve (12) months of satisfactory service at the fifth salary step E and the recommendation of the Department Head with the approval of the City Manager shall be required for advancement to this step.

Grade A B C D E F
Police
Captain J85

10,767

11,305

11,871

12,464

13,087

13,741
Police
Lieutenant J80

9,516

9,992

10,492

11,016 11,567 12,146
ITEM 16
5 Section IV. HEALTH & WELFARE
A. Term Life Insurance

B. Health Beneﬁts

Effective with the plan year beginning January 1, 2025, the following terms shall apply:

1. All employees must enroll in an available City medical plan unless they opt out. In order to opt out, an employee must provide the following:

a. proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’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 year to which the opt out arrangement applies (“opt out period”); and

b. the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment.

a. $405 semi-monthly ($810 monthly) for employees enrolled in Employee- Only medical coverage.

b. $800 semi-monthly ($1,600 monthly) for employees enrolled in Employee + 1 medical coverage.

ITEM 16
6 c. $1,125 semi-monthly ($2,250 monthly) for employees 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 employees who waive medical coverage.

4. Employees who waive 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 an employee's employment.

Any outstanding premiums required to continue benefits through the end of the month of an employee's termination of City employment will be withheld from the final pay received from the City.

Section V. LEAVES
A. Sick Leave and Sick Leave Conversion

1. Sick leave accumulation for employees who work a forty (40) hour workweek shall be one day [eight (8 hours)] per month (3.69 hours per pay period) for a total of 96 hours per year. Sick leave accumulation for employees who work a fifty-six (56) hour workweek shall be 5.1538 hours per pay period. Sick leave accumulation is unlimited.

2. An employee who works a forty (40) hour workweek and 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 last pay period in December of each ITEM 16
7 year (excluding sick leave used concurrently with protected leave) shall be entitled to convert up to 24 hours of unused sick leave to pay or leave with pay. Providing that at no time shall the employee's sick leave balance fall below 192 hours.

3. During open enrollment each year, employees may elect to contribute 40 hours of sick leave to their individual deferred compensation account to occur in the first pay period of January.

4. Accumulated sick leave shall be paid at 50% of the accumulated balance upon retirement from City service at the employee’s current hourly rate of pay.

Accumulated sick leave shall not be paid at separation of service for any other reason. For the purpose of this section, the term "retirement" is defined, understood and intended to mean an 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 the member for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of the member to commence receipt of current benefits from the retirement system. Discontinuing paid work for the City under any circumstances other than defined herein, or election by the employee for deferral of retirement payments, are not considered as "retirement" for eligibility to receive payment for a portion of any unused sick leave benefits as stated herein.

B. Vacation

1. Full time employees assigned to a forty (40) hour workweek shall accrue vacation time as follows:

2. Full time employees who work a forty (40) hour workweek, the maximum vacation accumulation shall be 480 hours. Effective January 1, 2001, vacation accrual will stop when an employee in this group reaches 480 hours of accrued vacation time. Vacation accrual will resume once the vacation balance has been reduced.

3. Vacation hours paid at separation of service shall be paid at the employee’s Years of
Continuous Service
Hours Earned
Per Pay Period

Annual
1-4 3.08 10 (8 hour) Days
5-10 4.62 15 (8 hour) Days
11-19 6.15 20 (8 hour) Days
20+ 1 (8 hour) Addl. day per year for each
year over 20 to maximum of 25 days
per year
ITEM 16
8 current hourly rate of pay and shall be limited to an employee's current accumulated vacation balance and limited to 480 hours for an employee who works a forty (40) hour workweek and 672 hour for an employee who works a fifty-six (56) hour workweek.

4. Any employee may convert up to thirty (30) hours of accrued vacation leave per fiscal year into cash. Payment will be at the employee's current hourly rate of pay (1:1 ratio).

C. Paid Holidays

1. Employees who work a forty (40) hour workweek shall receive the following paid holidays:

(1) New Year’s Day
(2) Martin Luther King, Jr. Day
(3) President’s Day
(4) Memorial Day
(5) Independence Day
(6) Labor Day
(7) Veteran’s Day
(8) Thanksgiving Day
(9) The Day after Thanksgiving
(10) Christmas Eve Day
(11) Christmas Day
(12) New Year’s Eve Day
(13) One (1) personal holiday to be selected by the employee who has completed at least six (6) months of employment with the City. Said holiday shall be one (1) per employment year and does not accrue from year to year.

D. Management Leave

1. Employees of this group are declared as exempt under FLSA executive exemption guidelines.

2. Employees shall receive ten (10) management days (eighty (80) hours) of leave per year. Management leave must be used in the fiscal year in which it is earned or will be lost. Unused management leave does not accumulate from year to year.

E. Jury Duty and Witness Appearances

1. Employees who are called or required to serve as a trial juror, or as a witness under subpoena who is not a party to a court action, shall be granted leave for such purpose upon notification and appropriate verification of the period of required absence submitted to his/her ITEM 16
9 supervisor. The employee shall be paid regular salary for the time served as a juror or witness under subpoena as above, provided the jury or witness fees paid to the employee are deposited with the City.

2. Employees who are called or required to serve as a trial juror, or as a witness under subpoena who is not a party to a court action, shall be considered to be on the payroll at the start of their assigned shift and during the course of their assigned (48 hour) shift. They will not be required to submit time off requests to cover any portion of an assigned (48 hour) shift to serve as a trial juror, or as a witness under subpoena.

The employee shall be paid regular salary for the leave time, provided the jury or witness fees paid to the employee are deposited with the City.

3. Any employee who, on their day(s) off are required to appear as a witness for the City shall receive a minimum of four (4) hours at time and one-half pay.

F. Bereavement Leave

When death occurs to member of an employee’s immediate family; bereavement leave shall be granted at full pay and shall not be charged against the employee’s accrued vacation or sick leave. Request for bereavement leave with pay up to five (5) working days (non-shift), and up to two regularly scheduled workdays (48 hours) (shift members), shall be granted. The immediate family shall include the spouse, registered domestic partner, mother, step-mother, father, step-father, grandparents and step grandparents, son, daughter, brother, sister, step children or foster child of the employee or employee’s spouse or registered domestic partner.

Such leave does not accrue or have any cash value.

In the event of the death of a person not immediately related to an employee, as defined above, the employee’s department head may grant up to five (5) working days (non-shift) and up to two regularly scheduled workdays (48 hours) (shift members), of leave to be charged against the employee’s accrued sick leave. If in the event the employee does not have sufficient amount of sick leave to cover the charged shifts the employee’s vacation or CTO leave may be used. The amount of leave (sick leave, vacation, and/or CTO) granted to the employee shall be a minimum of six (6) consecutive calendar days if requested.

Section VI. OVERTIME

The parties agree that all employees in this bargaining group are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA).

ITEM 16
10 Section VII. MISCELLANEOUS BENEFITS
A. Retirement

1. Effective January 1, 2005, the City provided enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31664.1, commonly known as 3% at 50 for the safety employees, calculated on the single highest year of compensation.

2. Unit members hired on and after January 1, 2013 and designated as “new members” to StanCERA who are miscellaneous employees shall be enrolled in the 2.7 % @ 57 retirement formula as required by law under the California Public Employees’ Pension Reform Act (“PEPRA” – AB 340/SB 197). As required under PEPRA, “new members” shall:
a. Have “final compensation” measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months.

3. Classic employees shall pay full employee retirement contribution.

Employee’s contribution shall be vested in the name of the employee as permitted under the rules and regulations of the 1937 Act Stanislaus County Retirement System.

4. Upon attaining 30 years of service with the City or attaining the maximum employee benefit contribution requirement under the 1937 Act Stanislaus County Employees' Retirement System, the City shall continue to pay only the qualifying member's employee portion of the retirement contribution into a City-approved deferred compensation plan. The employee must designate, in the proper written format, into which plan the funds are to be disbursed in their name. The deferred compensation contribution, in lieu of the retirement payment, shall be effective with the first payroll period following the member's satisfaction of the1937 Act maximum contribution attainment. The City's maximum obligation for deferred compensation contribution in lieu of 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 of the 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 their unused accumulated sick leave at ITEM 16
11 retirement. The member will have the option to cash out the eligible portion or contribute to a retirement health savings plan.

C. Memberships

D. Uniform Allowance

Each employee will be reimbursed for replacement uniforms per 12-month period up to a maximum reimbursement cost of $1,500.

E. Educational Incentives

1. 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 of certificates 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 additional pay incentive of two and on-half percent (2 ½%).

3. 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 61 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 during the terms and 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 (7.5%).

5. For those individuals who currently have, or who obtain during the terms and conditions of this contract, and Management Certificate issued by the ITEM 16
12 Commission on Peace Officers Standards and Training, and a bachelor’s degree, shall receive an additional pay incentive of ten percent (10%).

6. For those individuals who currently 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 master’s degree, shall receive an additional pay incentive of twelve and one- half percent (12.5%).

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 level 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 under which the employee is enrolled. The college shall provide proof of a declared major and the date of the appropriate catalog. Any question as to 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 ½%) for Intermediate Certificate and an additional five percent (5%) for higher educational attainment shall not be combined to be

7.5%.

F. 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 international professional conference associated 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 shall 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 of funds for this purpose may be carried over into one subsequent fiscal year. No portion of these monies shall be provided to the employee for cash purposes or as additional compensation during employment or upon separation from employment.

ITEM 16
13 G. Extension of Re-Employment List

Employees laid-off from employment in accordance with Ceres Personnel Rule XVI. Layoff Policies and Procedure shall be maintained upon the City’s re- employment list for three (3) consecutive years while employees who are demoted shall have five (5) consecutive years in which to be reinstated to a previously held position.

H. Continuation of Beneﬁts

Other health and welfare benefits (excluding pension) not specifically stated in this agreement or in the City's personnel rules shall be granted pursuant to the agreement with the Miscellaneous Bargaining Unit and shall continue in full force and effect for this group.

Section VIII. CITY RIGHTS

Section IX. TERM OF AGREEMENT
The term of this agreement shall be from July 1, 2024, through June 30, 2025.

In the event the City makes changes to the Personnel Rules during the term of the agreement, the City will provide the Group with the opportunity to meet and confer over the changes as required by law.

CITY OF CERES CERES PUBLIC SAFETY MANAGERS
Dated: , 2024 Dated: , 2024
ITEM 16
14 ___________________________________ ___________________________________ Douglas D. Dunford, Lt. Keith Griebel, City Manager Ceres Public Safety Managers

___________________________________ ___________________________________ Delilah Vasquez, Captain Trenton Johson,
Director of Human Resources Ceres Public Safety Managers

ITEM 16
ITEM 16

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Ja
mes Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 24, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Chris Perry, Police Chief
[email protected], (209) 538-5725
SUBJECT: Resolution 2024-XXX, Accepting the 2023- 24 Military Equipment Annual Report and Approving the Military Equipment Funding, Acquisition and Use Policy
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council accept the 2023- 24 Military Equipment Annual Report and approve the Military Equipment Funding, Acquisition and Use Policy.

I. BACKGROUND:

On S
eptember 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.

In addi
tion, 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.

ITEM 17

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 specified standards as set forth in California Government Code Section 7071, subdivision (d).

II. REA
SONS 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 2023-24 Military Equipment Annual Report and Inventory List (Attachment B).

A link to the Report was posted on the Home Page of the Department’s website on May 15, 2024 for public review.

III. F
ISCAL IMPACTS:

N/A
IV. EXI STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Approval of this Funding, Acquisition and Use Policy 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. PO
LICY ALTERNATIVES:

Council could choose to not accept the Annual Report and approve the Funding, Acquisition and Use Policy . The Department would need to discontinue and dispose of all items listed in the Military Equipment Annual Report.

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBL IC PARTICIPATION:

N/A
VIII. ENVI RONMENTAL REVIEW:

N/A

ITEM 17
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 2023-24 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,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – 2023-24 Military Equipment Annual Report

3. Attachment C – Ordinance 22-1073

4. Attachment D – Military Equipment Policy

5. Attachment E – Assembly Bill 481
ITEM 17
ITEM 17
RESOLUTION NO. 2024-XXX

ACCEPTING THE 2023-24 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, the governing body shall annually review and renew any ordinance it has adopted approving the funding, acquisition, or use of military equipment .

Furthermore, 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 for review the 2023- 24 Military Equipment Annual Report as required by Assembly Bill 481.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the 2023- 24 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 24
th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ATTACHMENT A
ITEM 17
ITEM 17
Ceres Police Department
Annual Military Equipment Report
(June 2023 to June 2024)
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 17
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 37 7070 (c)(10)
Colt M4 Carbine 34 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 4 7070 (c)(10)
Heckler & Koch MP5 4 7070 (c)(10)
Heckler & Kock UMP40 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 17

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 12 7070 (c)(12) Defense Technology 1062 1012502 Smoke 28 7070 (c)(12)
Defense Technology 1030 1177120 Flameless Tri -
Chamber OC
10 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 115 rounds 7070 (c)(14) 40mm eXact impact extended range sponge round 25 rounds 7070 (c)(14) 40mm Direct impact OC Crushable Foam round 30 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 17
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 Sy stems 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.

ITEM 17
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 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 52 times during 2023 -24 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 p rotecting 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 17
Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Unmanned Aircraft Systems. There were no violation s of the military equipment use policy.

Total Annual Costs and
Funding:

Repairs & Maintenance: $1,500.00
26210.028600 – Non-Automotive Repairs – Measure H Funds

Quantity: Matrice 300: 1
Mavic II Enterprise: 3
Mavic Mini 2: 1
Mavic Mini: 4
Intention to acquire more: No

ITEM 17
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 two times during 2023-24 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 17
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 17
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 18 times during 2023-24 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 17
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 collapsible but tstock. 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 17
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 2023-24 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 17
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
Annual Maintenance & Parts: $5,000.00.
26210.051800 – Police Equipment – Measure H Funds
New Rifles: $10,000.00
26210.051800 – Police Equipment – Measure H Funds
Quantity: Bushmaster XM-15: 37
Colt M4 Carbine: 34
Colt M4 Carbine: 1
Smith and Wesson M&P Carbine: 4
Ruger SR-556e: 1
Daniel Defense DD5V4: 4
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 - $10,000.00 for new Rifles $40,000.00 for ammunition

ITEM 17
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 ten times during 202 3-24 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.

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 2024-25. Additional Distraction Devices are not needed and were not budgeted.

Quantity: 12
Intention to acquire more: No

ITEM 17
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 202 3-24 during SWAT missions.

The Remington Breaching Shotgun was not used during 2023-24.

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:

No additional training is required at this time. Team members are fully trained.

Additional Breaching Tools are not needed and were not budgeted for 2024-25.

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 17
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 Tech nology 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 17
Government Code Section § 7072 Annual Report Requirement:

Summary of How the
Military Equipment was
Used:

There were no Chemical Agents used during 2023-24.

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 2024-25. Additional Chemical Agents are not needed and were not budgeted.

Quantity: Defense Technology 1050 1012500 Aerosol OC/CS: 15 Defense Technology 1050 1012500 Smoke OC/CS: 28
Defense Technology 1030 1177120 Flameless Tri-Chamber OC: 10 Defense Technology 1032 1012473 Flameless Tri-Chamber CS: 7 Intention to acquire more: No

ITEM 17
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 17
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 five times on SWAT missions:
i. To disable an exterior camera.

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.

Total Annual Costs and
Funding:

Less Lethal Ammunition - $14,000.00
10010.031600 – Ammunition – General Fund
26210.031600 – Ammunition – Measure H Funds
Replacement Parts - $6,500.00
26210.051800 – Police Equipment – Measure H Funds
Less Lethal 40mm Launchers - $6,000.00
26210.051800 – Police Equipment – Measure H Funds
ITEM 17
Quantity: 40mm LMT tactical single launcher: 6
40mm multi launcher Penn Arms: 1
40mm eXact impact standard range sponge round (6325): 115 40mm eXact impact extended range sponge round(6325LE): 25 40mm Direct Impact OC Crushable Foam round (6320): 30
40mm Ferret barricade round CS (2292): 11
40mm Ferret barricade round OC (2290): 10
Intention to acquire more: Yes - $14,000.00 for Less Lethal 40mm Ammunition $6,000.00 for Less Lethal 40mm Launchers

ITEM 17
ITEM 17
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 17
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 17
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 17
ITEM 17
Policy
709
Ceres Police Division
Ceres PD Policy Manual
Copyright Lexipol, LLC 2024/04/15, All Rights Reserved.

Published with permission by Ceres Police Division
Military Equipment - 1
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.

Published with permission by Ceres Police Division
Military Equipment - 2
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: 2023 Policy Supplement W-Military Inventory.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 ITEM 17
Ceres Police Division
Ceres PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/15, All Rights Reserved.

Published with permission by Ceres Police Division
Military Equipment - 3
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 Chief 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.

Published with permission by Ceres Police Division
Military Equipment - 4
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.

Published with permission by Ceres Police Division
2023 Policy Supplement W-Military
Inventory.pdf - 6
2024 Policy Supplement W-Military Inventory.pdf
2023 Policy Supplement W-Military Inventory.pdf
ITEM 17
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 Ma 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 Government C
ode § 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.Firearms of .50 caliber or greater.

However, standard issue shotguns are specifically excluded from this subdivision.

8. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

9. 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.

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10. Any firearm or firearm accessory that is designed to launch explosive projectiles.

11. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

12. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).

13. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

14. Any other equipment as determined by a governing body or a state agency to require additional oversight.

15. 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. 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.

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 17

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Manufacturer description, quantity, capabilities, and purchase cost of current UAS:
i. Matrice 300, cost $30,000, quantity 1: The DJI Matrice 3 00 is a powerful, industrial-grade fight platform with world-c lass agility and speed. The M300 has a flight time of 55 minutes without a payload and 45 minutes with 1 payload (one external camera). It is equipped with an anti- collision strobe beacon. It has ADS-B for sensing nearby air traffic. It has full 6-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.
ii. Mavic II Enterprise, cost $5, 000.00, quantity 3: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems, and c
omes 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.
iii. Ma vic Mini 2, quantity 1, cost $449.00 (per UAV): 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 o
utdoors 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 12MP photos The Mavic Mini 2 has a maximum flight speed of 36 mph and a maximum flight time of 31 minutes.
iv. Ma vic Mini, quantity 4, cost $389.00 (per UAV): The DJI Mavic Mini features downward vision system and in frared 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 17
b. Purpose and authorized use: UAS/Drones 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. Any use of CPD drones 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, search and rescue, suspect apprehension, crime scene documentation, tactical operations, scene security, hazard monitoring, identification, and mitigation, response to emergency calls, crisis communications, legally authorized surveillance.
c. Fiscal Impact: Varies depending on replacement parts and re-occurring costs due to software associated with the drone program $1,000.00 to $2,500.00. d. Legal and procedural rules: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

The use of the UAS 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 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 UAS operations. e. Required training: Prior to piloting any UAS/Drone 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.
f. Lifespan: All UAS equipment, 5-7 years.

ITEM 17

2. Robots: Unmanned remotely operated machines on the ground utilized to enhance the safety to the community and officers.
a. Manufacturer description, quantity, capabilities, and purchase cost:
i. Transcend Vantage Patrol Robot, cost $25,000, quantity 1: Th e Transcend Vantage Patrol Robot enhances the capabilities of SWAT and tactical response teams by allowing them to q
uickly and safely inspect dangerous situations, there is no longer a need to send personnel in before you’ve had a chance to assess the situation. It has the ability to 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. b. Purpose and 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. 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: search and rescue; suspect apprehension; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.
c. Fiscal Impact: Varies depending on replacement parts and repairs $1,000.00 to $2,500. d. Legal and procedural rules: Any use of a CPD robot will be for official law enforcement purposes, and in a manner that respects the privacy of our community. e. Required training: Officers utilizing the robot will have received training from a CPD SWAT members prior to deployment of the robots.
f. Lifespan: All robots and associated equipment, 8-10 years.

ITEM 17

3. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Manufacturer description, quantity, capabilities, and purchase cost:
i. LENCO BEAR, cost $250,000.00, quantity 1: The LENCO BEAR is an armored rescue vehicle- designed specifically for tactical response teams. It has an all-steel construction with high ballistic protection.
b. Purpose and authorized uses: To provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents. Any use of the armored rescue vehicle will be for official law enforcement purposes.
c. Fiscal Impact: Purchased in 2005 with a $1500.00 annual maintenance. d. Legal and procedural rules: Use shall be in accordance with California State law regarding the operation of motor vehicles.
e. Required training: Agency-authored orientation course; annual refresher. f. Lifespan: indefinite
ITEM 17

4. Rifles and Corresponding Ammunition: A shoulder fired rifle capable of firing a projectile accurately at over 100 yards.
a. Manufacturer description, quantity, capabilities and purchase cost:
i. Bushmaster XM-15, cost $1,000.00 each, quantity 37: The AR15 style fi
rearm 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. ii. Colt M4 Carbine, cost $1,227.00 each, quantity 34: Colt Enhanced Patrol Rifle (EPR).

Features
an extended handguard that accepts modular rail segments for mounting a wide variety of pro- grad
e 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 weighs approximately 6 pounds.
iii. Colt M4 Carbine, cost $1,699.99 each, quantity 1: 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.
iv. Smith and Wesson M&P Carbine, cost $769.00 each, quantity 4: Smith and Wesson M&P carbine an extended handguard that accepts modular rail segments for mounting a wide variety o
f 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 weighs approximately 6.63 pounds.
v. Ruger SR-5 56e, cost $1,000.00 each, quantity 1: 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 mo
unting a wide 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.

ITEM 17
vi. Daniel Defense DD5V4, cost $2,000.00 each, quantity 4: The DD5V4 is a semi-automatic rifle chambered for the 6.5 Creedmoor ammunition.
vii. Heckler & Koch MP5, cost $5,000.00 each, quantity 4: The HK MP5 is a compact sub-machine gun chambered for 9mm NATO ammunition. They are equipped with a folding stock or fixed stock viii. H eckler & Koch UMP40, cost $5,000.00 each, quantity 4: The HK UMP40 is a compact sub- machine gun chambered for 40 cal. ammunition. They are equipped with a folding stock. ix. SPEER GOLD DOT .223 CALIBER 55 GRAIN RIFLE ROUND, cost: $260 per case of 500, quantity 6 cases: 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. x. Ruag Swiss P Target 7.62mm 168 grain HPBT, cost $1,800.00, quantity 1,000 rounds: Swiss P target cartridges are a highly accurate target rounds used for training. xi. Ruag Swiss P Styx Action 7.62mm 167 grain HP, cost $3090.00, quantity 1,000 rounds: Swiss P Styx cartridges are highly accurate rounds designed to not over penetrate its target. xii. Ruag Swiss P AP 7.62mm 196 grain AP, cost $4,000.00, quantity 1,000 rounds: Swiss P AP cartridges are highly accurate rounds designed to penetrate hard target. xiii. Winchester Creedmoor 6.5mm 1258 grain, cost $3,000.00, quantity 2,000 rounds: The

6.5mm Creedmoor are designed specifically for long-range target shooting. b. Purpose and authorized uses: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. 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. c. Fiscal impact: Annual maintenance is $25.00 per rifle. Total ammunition budget is $30,000 per year.
d. Legal and procedural rules: 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.
e. Required training: Quarterly qualifications and ongoing training. f. Lifespan: Rifles 10-20 years depending on use. No expiration on ammunition.

ITEM 17

5. Distraction Devices: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. a. Manufacturer description, quantity, capabilities, and purchase cost:
i. Defense Technology, 8922, 1089841 low roll DD distraction device, cost $59.90, quantity 12:

A non-b ursting, non-fragmenting device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during as
saults, hostage rescue, room entry or other high-risk arrest situations. b. Purpose and authorized uses: 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.
c. Fiscal Impact: Varies depending on use.
d. Legal and procedural rules: 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.
e. Required training: Officers must attend training hosted by certified POST instructors which is followed by an annual refresher training.
f. Lifespan: Upon use.

ITEM 17

6. Explosive breaching tools: Tools that are used to conduct a positive breach using kinetic energy.
a. Manufacturer description, quantity, capabilities, and purchase cost:
i. REMINGTON 870 BREACHING SHOTGUN, c ost: $500, quantity 2: This weapon allows for breachers to safely utilize shotgun breaching rounds to destroy d
eadbolts, locks, and hinges
ii. DEFENSE TECHNOLOGY FRANGILBE BREACHING ROUND, cost: $5 per round quantity 50: T he round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.
iii. KB T 3-1000 Kinetic Breaching Tool Cost $10,000, quantity 1: This mechanically driven breaching tool has a self-c ontained impact ram that has no projectile or explosive pressures. It uses a black cartridge to actuate the ram.
b. Purpose and 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. c. Fiscal Impact: Cost varies depending on use in the field. Annual maintenance and training costs are approximately $1,500.00.
d. Training: All Officers who use kinetic and shotgun breaching tools shall attend a 40- hour breaching course and will train regularly.
e. Legal and procedural rules: Breaching tools will only be used for official law enforcement purposes and will be pursuant to State and Federal law. f. Lifespan: breaching shotguns 20 years, breaching shotgun rounds 5 years.

ITEM 17

7. Chemical agents: Canisters that contain OC and CS chemical agents that are released when deployed.
a. Manufacturer description, quantity, capabilities, and purchase cost:
i. Defense Technology 1050 1012500 Aerosol OC/CS, cost $60.15 each, quantity 15: 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 area 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. ii. Defense Technology 1062 1012502 Smoke, cost $50.70 each, quantity 28: 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 i s vast and obtrusive. iii. Defense Technology 1030 1177120 Flameless Tri-C hamber OC, cost $49.00 each, quantity 10: This device is a flameless pyrotechnic grenade which combines the effectiveness of Oleoresin Capsicum 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 respiratory discomfort, while reducing or negating the chance of fire to st ructures. iv. Defense Technology 1032 1012473 Flameless Tri-Chamber CS, cost $46.25 each, quantity 7:

This de vice is a flameless p yrotechnic grenade which combines the effectiveness of CS agent 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 respiratory discomfort, while reducing or negating the chance of fire to st ructures.

ITEM 17
b. Purpose and 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
c. Fiscal impact: Varies depending on use in the field, $1,500.00 to $2,500.00 per year. d. Training: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents’ instructors.
e. Legal and procedural rules: It is the policy of the SMPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
f. Lifespan: 5 years from date of manufacture.

ITEM 17

8. 40mm Launchers and rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch less lethal impact and OC/CS rounds. a. Manufacturer description, quantity, capabilities, and purchase cost:
i. 40mm LMT tactical single launcher, cost $1,000.00, quantity 6: The 40mm launcher is a single shot launcher that was manufactured exclusively for Defense Technology. It features and expandable ROGERS S uper 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, up to 4.8-inch cartridges length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics /sighting systems.
ii. 40mm multi launcher Penn Arms cost $3146, quantity 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. iii. 40mm eXact impact standard range sponge round (6325), Cost $28.65, quantity 115: 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. iv. 40mm eXact impact extended range sponge round(6325LE), Cost $30.80, quantity 25 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. v. 40mm Direct Impact OC Crushable Foam round (6320), Cost $31.90, quantity 30 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 control 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 incapacitation
ITEM 17
vi. 40mm Ferret barricade round CS (2292), Cost $27.85, quantity 11 The ferret Barricade Penetrating round is filled with a CS powder chemical agent. It is frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. It is designed to penetrate barriers, such as window, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.
vii. 40mm Ferret barricade round OC (2290), Cost $28.65, quantity 10 The ferret Barricade Penetrating round is filled with an OC powder chemical agent. It is frangible p
rojectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barrier. 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, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.
b. Purpose and authorized uses: 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 incidents
iv. Training exercises
c. Fiscal impact: Annual costs can range from $2,000.00 to $5,000.00 depending on use. d. Training: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents’ instructors.
e. Legal and procedural rules: 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.
f. Lifespan: Penn arms 40mm launcher 20 years, LCT 40mm single launcher 20 years. 40mm foam tipped projectile until used, all chemical agent rounds 5 years from date of manufacture ITEM 17
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 17
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 17
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 17
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.

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 17
ITEM 17
{CW139257.2}

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Jam
es Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 24, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Nubia I. Goldstein, City Attorney
[email protected], (916) 468-0950
SUBJECT: Reconside ration of the City Council’s Policy on the Use of Video Teleconferencing such as Zoom for P ublic Participation at City Council Meetings
RECOMMENDED COUNCIL ACTION:

Staf
f recommends that the City Council consider Vice Mayor Silveira’s request to reconsider the City of Ceres (“City”) video teleconferencing policies for public participation at City Council meetings.

I. BACKGROUND:

At t
he May 28, 2024, City Council meeting, Vice Mayor Silveira requested reconsideration of the City’s video teleconferencing policies. In the fall of 2023, there were a series of instances of members of the public anonymously interrupting city council meetings throughout the region and the state through virtual attendance platforms such as Zoom.

Following a “zoom bombing” disruption at the September 25, 2023, City Council meeting, the Council directed staff to limit the use of Zoom for public meetings to allow members of the public to watch the proceedings but not provide public comment via video teleconference.

Befor
e the suspension, the City allowed full public participation in City Council meetings via Zoom at all City Council meetings, whether a City Council member attended the City Council meeting remotely or not. Previously, AB 361 allowed for meetings to be held entirely virtually. Under the provisions of AB 361, virtual meetings were required to permit live public comment via the internet. AB 361 became inactive in February of 2023 when the State of Emergency associated with the Covid-19 pandemic expired.

Sinc
e the expiration of AB 361, City Council members have only been allowed to participate in meetings virtually under certain circumstances. When a member of the City Council teleconferences into a meeting, the opportunity for public comment must also be ITEM 18
{CW139257.2}
available virtually. At a meeting that all City Council members participate in-person, there is no requirement that members of the public be allowed to comment virtually. The Brown Act requires merely that the public be permitted to directly address the City Council, and notes that the “legislative body…may adopt reasonable regulations” for streamlining public comment.

The Council’s decision to limit public comment via Zoom, was aimed at ensuring that City Council meetings are not disrupted in a manner that prevents the City from conducting its business. Remote participation by City staff and consultants is still permitted under the current procedures. This allows the City to have staff participation at City Council meetings, where staff may be unable to remain at City offices on evenings when Cit y Council meetings occur, and saves the City money where consultants would otherwise travel to City Council meetings and charge the City for travel.

Following the Zoom bombing incidents in 2023, local governments around the state took similar action in limiting video teleconferencing participation in public meetings. Many jurisdictions suspended public comments via zoom altogether while other cities elected to keep their zoom protocols in place. There have not been reports of similar activity since the initial surge of zoom bombing incidents.

II. REA
SONS FOR RECOMMENDATION:

N/A

III. F
ISCAL IMPACTS:

There will be no fiscal impact if the Council continues or changes its current video conferencing policies.

IV. EXI
STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A

V. PO
LICY ALTERNATIVES:

N/A

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBL
IC PARTICIPATION:

N/A

VIII. ENVI
RONMENTAL REVIEW:

N/A

ITEM 18
{CW139257.2}
IX. STEPS FOLLOWING APPROVAL:

The City Council will consider revisions to the Ceres Rules and Procedures (“Handbook”) as a separate agenda item on June 24, 2024. If the Council wishes to make changes to the City’s current policy of not allowing public comment via video teleconferencing, that change can be made upon final approval of the Handbook.

Approved by: ___________________
Douglas D. Dunford,
City Manager

ITEM 18

{CW139108.3}
MEETING DATE: June 24, 2024
TO:

Mayor and City Council
FR
OM: Douglas D. Dunford, City Manager
CONT
ACT: Nubia I. Goldstein, City Attorney
SUBJECT: Resolution 2024-XXXX, Adopting the Amended City Council Rules and Procedures Handbook Dated June 2024
RECOMMENDED COUNCIL ACTION:

Staff recommends that the Ceres City Council (the “Council”) conclude their review of the changes to the Rules and Procedures (the “ Handbook”) and adopt the changes via Resolution 2024-XXXX.

I. BACKGROUND:

The City of Ceres (“City”) maintains 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. The rules and procedures workshop concluded at a special meeting on November 8, 2023.

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Ja
mes Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 19
{CW139108.3}
II. REASON FOR RECOMMENDATION:

The goal of the rules and procedures workshop wa s 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 all City committees, boards, and commissions. This process was 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 the Handbook over the course of the workshop sessions.

CHAPTER I
- GENERAL POWERS AND DUTIES:

This chapter 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 chapter is comprised of subsections (A) through (L) 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 19
{CW139108.3}
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 D - Virtual Availability of Meetings was added to clarify that all City Council meetings will be streamed via Zoom, but public comment will not be available via Zoom unless a member of the Council is participating virtually.

3. Section I - 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.

4. Section K, 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.

5. Section M - Presentations and Proclamations was added to clarify the process for requesting these actions through the City Manager.

CHAPTER III
- DECORUM:

This chapter 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.

CHAPTER IV-
PROCEDURAL RULES FOR CONDUCTING MEETINGS:

This chapter contains subsections A through V which is comprised of various subtopics related to conducting meetings. The Council decided against any revisions to this chapter.

CHAPTER V- BOARDS, COMMISSIONS & COMMITTEES:

This chapter discusses the appointment process for all members of boards, commissions, and committees other than Council members.

The definition of “boards, commissions, and committees” in Section A - Definitions in this chapter was modified to clarify that the Handbook applies to all boards, ITEM 19
{CW139108.3}
commissions, and committees. Section C, titled City Attorney Presence was added to this chapter to clarify that the City Attorney’s office shall be present at the meetings of any board, commission, or committee upon request.

III. FISCAL IMPACTS:

N/A

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A

V. POLICY ALTERNATIVES:

N/A

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the June 2024 version of the City Council Rules and Procedures document will become effective.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – City Council Rules and Procedures (with agreed-upon amendments)
ITEM 19

ATTACHMENT A
{CW139109.3}
RESOLUTION NO. 2024-XXX

ADOPTING THE AMENDED CITY COUNCIL RULES AND PROCEDURES
HANDBOOK DATED JUNE 2024

THE CITY COUNCIL
City of Ceres, California

WHEREAS, in January 2018, the City Council of the City of Ceres (“City Council”), adopted the City Council Rules and Procedures (“Handbook”), to establish accepted practices and expectations for City Councilmembers, commissioners, board members, and committee members; and

WHEREAS, in January 2023, Mayor Javier Lopez requested that the Handbook be clarified, and the City Council consulted on what should be modified; and

WHEREAS, the City Council held workshops on March 22, 2023, and November 8, 2023, and reached consensus on modifications to the Handbook; and

WHEREAS, the proposed amendments to Chapter I of the handbook would change the date of the selection of the Vice Mayor from the first meeting in December to the first meeting following the certification of the election, clarify the procedure in case of City Council vacancy, emphasize the City Manager’s role as an intermediary between the City Council and staff, clarify how City Councilmembers may express their political convictions separately from the City Council as a whole, and detail City Councilmembers’ and other City Officials’ responsibilities regarding conflicts of interest; and

WHEREAS, the proposed amendments to Chapter II of the handbook would replace “study sessions” with “workshops,” require seventy -two hours' notice to request item placement on the agenda for regular meetings, and twenty -four hours’ notice for special meetings, state that meetings will be streamed on Zoom but public comment will not be available virtually unless otherwise required by law, create a deadline of 5:00 p.m. on the Monday before the Agenda is posted for City Councilmembers to refer items to the Agenda, and add a section clarifying the procedure for the bringing of presentations and proclamations to the City Manager; and

WHEREAS, the proposed amendments to Chapter III of the handbook would modify the Chapter 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 54957.9; and

WHEREAS, the proposed amendments to Chapter V of the handbook would emphasize that the Handbook applies to all boards, commissions, and committees and add a section stating that the City Attorney’s office shall be present at the meetings of any board, commission, or committee upon request.

ITEM 19
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby adopt the amended City Council Rules and Procedures Handbook dated June 2024, as set forth in Exhibit A.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk
ITEM 19

ATTACHMENT B

EXHIBIT A
{CW139107.3}

RULES AND

PROCEDURES

June
anuary 202418

City Council
ITEM 19
Ceres City Council Rules & Procedures

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PREFACE

As provided by California Government Code Section 36813, the City Council of t
he City of Ceres establishes the Ceres City Council Rules and Procedures contained herein. This document will govern the rules and procedures for the City Council of the City of Ceres and for any appointed committees, commissions, or boards. This document shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended , or new rules are adopted in the manner provided herein.

i
ITEM 19
Ceres City Council Rules & Procedures

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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. VacanciesRules of Procedures: ................................................................................................. 3 H. Rules of ProceduresInterference in Staff Functions: ................................................................ 3 I. Council -Staff Relations Position on Ballot Measure(s) or Legislative Proposals: ................... 4 J. Council Position on Ballot Measure(s) or Legislative Proposals……………………………4 K. Council Conflicts and Liability……………………………………………………………..4

CHAPTER II - CITY COUNCIL MEETINGS ... 7CHAPTER II - CI TY COUNCIL MEETINGS ............................................................................................................... 7

A. Regular Meetings: .....................................................................................................................74

B. Special Meetings: ................................................................................................................... 7B.

Special Meetings: ...................................................................................................................... 7 C. WorkshopsStudy Sessions: ..................................................................................................... 77 D. Virtual Availability of Meetings………………………………………………………………7 D. Adjournment of Me etings: .................................................................................................... 8E.

Adjournment of Me etings: ....................................................................................................... 8 E. Continuance of Hearings: ...................................................................................................... 8F.

Continuance of Hearings: ......................................................................................................... 8 F. Voting Requirements: ........................................................................................................... 8G.

Voting Requirements: ............................................................................................................... 8 ITEM 19
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G. Cancellation of Meeting:..................................................................................................... 10H.

Cancellation of Meeting:........................................................................................................... 9 H. Agenda: ................................................................................................................................. 10I.

Agenda: ..................................................................................................................................... 9 I. Agenda Format for Regular Meetings: ................................................................................. 10J.

Agenda Format for Regular Meetings: ..................................................................................... 9 J. Selective Components of a Regular Meeting: .................................................................... 11K.

Selective Components of a Regular Meeting: ........................................................................ 11 LK. Commencement of Successor Agency Meetings: .............................................................1115 M. Presentations and Proclamations…………………………………………………………….15

CHAPTER III - DECORUM .............................................................................. 1717

A. Enforcement of Decorum: ................................................................................................... 1216 B. Courtesy: .............................................................................................................................. 17B.

Courtesy: ................................................................................................................................. 17 C. Noise in the Lobby: .............................................................................................................. 19C.

Noise in the Lobby: ................................................................................................................. 19 D. Crowd Control in Council Chambers: ................................................................................ 20D.

Crowd Control in Council Chambers: .................................................................................... 20 E. Smoking: .............................................................................................................................. 20E.

Smoking: ................................................................................................................................. 20

CHAPTER IV – PROCEDURAL RULES FOR CONDUCTING MEETINGS
.... 21CHAPTER IV – PR OCEDURAL RULES FOR CONDUCTING MEETINGS .................................................................................................................................. 18

A. Adoption of Procedural Rules: ............................................................................................ 21A.

Adoption of Procedural Rules: ................................................................................................ 21 ITEM 19
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B. Call to Order: ....................................................................................................................... 21B.

Call to Order: .......................................................................................................................... 21 C. Roll Call: .............................................................................................................................. 21C.

Roll Call: ................................................................................................................................. 21 D. Quorum: .............................................................................................................................. 21D.

Quorum: .................................................................................................................................. 21 E. Lack of Quorum: .................................................................................................................. 21E.

Lack of Quorum: ..................................................................................................................... 21 F. Format for Processing Public Hearings/Appeals: ................................................................ 22F.

Format for Processing Public Hearings/Appeals: ................................................................... 22 G. Mayor as Presiding Officer: ................................................................................................ 22G.

Mayor as Presiding Officer: .................................................................................................... 22 H. Recognition to Speak, Councilmember: ............................................................................. 23H.

Recognition to Speak, Councilmember: ................................................................................. 20 I. Addressing the City Council: ................................................................................................ 24I.

Addressing the City Council: .................................................................................................. 21 J. Continued Agenda Item: ....................................................................................................... 25J.

Continued Agenda Item: ......................................................................................................... 22 K. Public Hearing Closed: ....................................................................................................... 25K.

Public Hearing Closed: ........................................................................................................... 22 L. Division of Question: ........................................................................................................... 25L.

Division of Question: .............................................................................................................. 22 M. Withdrawal of Motion: ....................................................................................................... 25M.

Withdrawal of Motion: ........................................................................................................... 22 N. Voting: ................................................................................................................................ 25N.

Voting: .................................................................................................................................... 22 O. Failure to Vote: ................................................................................................................... 26O.

Failure to Vote: ....................................................................................................................... 23 P. Abstention/Recuse: Conflict of Interest: .............................................................................. 26P.

Abstention/Recuse: Conflict of Interest: ................................................................................. 23 Q. Tie Votes: ............................................................................................................................ 26Q.

Tie Votes: ................................................................................................................................ 23 ITEM 19
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R. Appeal from the Presiding Officer’s Decision: ................................................................... 26R.

Appeal from the Presiding Officer’s Decision: ...................................................................... 23 ITEM 19
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CHAPTER IV - PROCEDURAL RULES FOR CONDUCTING MTGS. (CONT.)

S. Parliamentary Motions and Procedures for the Processing of Council Business: ............... 26S.

Parliamentary Motions and Procedures for the Processing of Council Business: .................. 23 T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion & Decision: ............ 27T.

Summary of Rosenberg’s Basic Format for Agenda Item Discussion & Decision: ..................... 24 U. Processing of Multiple Motions: ......................................................................................... 29U.

Processing of Multiple Motions: ............................................................................................. 29 V. Processing of Multiple Motions: ..........................................................................................2227

CHAPTER V – BOADS, COMMISSIONS & COMMITTEES ... 30CHAPTER V – BOADS, COMMISSIONS & COMMITTEES ....................................................... 28

A. Boards, Commissions and Committees – City Representatives – Standing Committee: ... 30A.

Boards, Commissions and Committees – City Representatives – Standing Committee: ....... 30 B. Inability to Attend/Notification of Alternate: ...................................................................... 32B.

Inability to Attend/Notification of Alternate: ......................................................................... 30 C. Removal of Member of Board or Commission or Committee or City Representative: .......2530

ITEM 19
Ceres City Council Rules & Procedures

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iv.

ITEM 19
Ceres City Council Handbook of Rules & Procedures {CW139107.3} -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 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 intended, 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 in to 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 years. Two Councilmember offices shall be elected at each general municipal election. 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, the 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 Counc il, and perform that duty in accordance with the rules and procedures set forth in Chapter IV.

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4. The Mayor of the City is expected to exercise a leadership role with the other members of the City Council. To the extent that time 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 this regard, the Mayor, working in conjunction with the City Council and the City Manager, assumes a significant role in establishing the City’s policy direction and priorities.

5. The Mayor customarily attends the regular meetings of the Mayors of Stanislaus County.

In addition, the Mayor, as well as other Councilmembers, may elect to become an active participant in the various League of California 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 warrants drawn on the City Treasur y; all written contracts and conveyances; and all instruments requiring the City seal; unless the Council by ordinance authorizes signature by an officer other than the Mayor.

In the City of Ceres our ordinance provisions allow warrants and checks to be signed by at least two (2) of the following persons: Mayor; Vice Mayor; City Clerk; City Treasurer; or Director of Finance. (Muni Code 3.32.010)

Contracts for supplies, equipment, and services may be signed by the City Manager or his designee. (Muni Code 3.32.010)

Therefore, the Mayor still must 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 boards, 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 Mayor shall sign ordinances and resolutions adopted in his or her presence.

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F. Vice Mayor Selection:

The Vice Mayor shall be appointed by the City Council at the first meeting following the certification of the election. The Vice Mayor shall 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 shall be delayed to the next meeting of the City Council, either regular or special.

G. Vacancies:

If a vacancy occurs prior to the expiration of a term of office, t he Ccouncil shall fill the
vacancy by appointment or special election in a manner prescribed by law.

If the Ccoun
cil 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 Ccoun cil 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 procedu res 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. I nterference in Staff Functions Council- 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 City Council nor any member thereof, shall give orders to subordinates of the City Manager. No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager. Council ITEM 19
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understands that the position they hold requires transparency and accountability to the public they serve and shall address the administrative services of the City through the City Mmanager. Inversely, City staff’s primary function is to take action promulgated by the Council as a whole through the direction of the City Mm anager. 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 through the City mM anager and resolved in private.

JI. C ouncil Position on Ballot Measure(s) or Legislative Proposals:

A majority vote of the entire Council membership will be require d for support or opposition of legislative proposals or ballot measures .Because the Council performs as a body, it is important that the public understand when an individual Cc ouncil member is speaking as ain individual and when they are speaking on behalf 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 they clearly articulate th e Council’s positions as a whole unambiguously.

K. Co uncil Con flicts & Liability

i. C onflict 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 purpose 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. T hereafter the City Clerk will then notify elected officialsyou of theiryour filing requirements. Written permission must be obtained before posting elected officials’ home addresses or telephone numbers on the Internet.

At any time if a City Official believes 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 from 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. P olitical Reform Act (Government Code Section 87100 et. seq.) The Political Reform Act prohibits public officials from making, participating 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 have 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 the decision before the City. During that discussion, the official must leave the Council Chambers or wherever the discussion is taking place.

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Economic interests include interests in businesses, real property, sources of income, a nd gifts. An official has a financial interest if “it is reasonably foreseeable that the decision will have a material financial effect, distinguishable 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 amounts vary pursuant to update by the Fair Political Practice Commission.

Determining whether a Councilmember has a disqualifying conflict of interest can be complicated and fact specific. If a Councilmember suspects they may have a conflict of interest, the Councilmember should contact the City Attorney so 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. P ublicly identify the financial interest. This must be done in enough detail for the public to understand the economic interest that creates the conflict of interest.

Residential street addresses do not have to be disclosed.

2. R ecuse yourself from both the discussion and the vote on the matter. Recusal applies to all proceedings related to the matter.

3. L eave 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 th e matter is on the consent calendar , recusal is not required. Additionally, if the individual with the conflict 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 determining 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.

G
overnment Code Section 1090
Government Code section 1090 is similar to the Political Reform Act, but it applies only to City contracts in which a public official has a financial interest. The financial interests covered by section 1090 are different 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 section 1090 are severe. If a City Official believes that he or she ITEM 19
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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 restrictions include prohibitions on secrecy and discrimination, as well as assurance that all City funds are spent for public purposes.

Ceres City CouncilJune 24, 2024

Ceres City Council
June 24, 2024