Agenda — Ceres City Council, September 8, 2025 (part 2 of 2)

PIS KD
15 gal
4 40' O.C.

LAG TUS
15 gal
3 LAG TUS
15 gal
4 PIS KD
15 gal
4 PIN CAN
15 gal
4 ACE ARM
15 gal
3 PIN CAN
15 gal
5 ACE ARM
15 gal
3 PIN CAN
15 gal
4 28' O.C.

S A N D P O I N T D R.
0' 15' 30' 60'
www.kla-ca.com
Date
Modification
By

STATE OF CALIFORNIA

LICENSED LANDSCAPE ARCHITECT
Renewal Date
Date
Signature
THOMAS W. HOLLOWAY #3589
151 N. Norlin St., Sonora, CA 95370
(209)532-2856
The original size of this drawing is 24" x 36". If the plan is a different size than 24x36 do not scale off of the drawing.

These plans are the property of KLA, Inc.; their use shall be restricted to the site for which they were prepared. Publication or other uses of these plans in whole or in part is not permitted without the express consent of KLA, Inc. Visual contact with these plans implies acceptance of the above restrictions.

Ceres, CA
The Truck Stop
Food Park
219 N. Broadway Ave.

Turlock, CA 95380
(209)668-8721
Torre Reich
Construction, Inc.

Scale:

Date:

Drawn / Checked:

Project No:

Sheet Number:

Preliminary
Planting Plan
L0.2
W H I T M O R E A V E.

Remaining Lot
Vacant Lot
Vito's Trucking Co.

Light Industrial
Parking Lot Shade
There are also numerous parking lot trees throughout the project to more than sufficiently meet the parking lot shade requirements. Calculations to show that the 50% shade coverage is met or exceeded will be provided with the building permit set.

Parking stalls 68
Shade trees provided 17
Ratio 1 tree per every 4.0 stalls
Irrigation
The entire site will be irrigated using a fully automatic system and designed to meet the City's Water Efficient Landscape Ordinance (WELO). The irrigation system will largely be low-volume design of drip emitters and/or low flow bubblers with a potential limited use of pop-up sprays or rotators in storm water treatment areas (unlikely). The system will include in-line valves, quick couplers, and gate valves. New irrigation controller will be Hunter, Rainbird, Irritrol, or equal and will meet the WELO requirements of a 'Smart' controller. A complete irrigation design with these parameters will be provided with the building permit plans.

Landscape Areas
Planting Areas
Turf Area
Shrub Area
Storm Treatment Planting
Cobble
Total:

Total Parcel size
Percentage of parcel in landscape
0 sf 0%
17,103 sf 77%
4,019 sf 18%
1,061 sf 5%
22,183 sf (0.51 acres)
105,339 sf (2.42 acres)

21.0%
All trees denoted with the root barrier symbol and/or within five (5) feet of hardscape are to have DeepRoot Model #UB 18-2 root barriers installed along the inside edge of the adjacent sidewalk or curb. Length of linear root barrier shall be 16 linear feet (8 panels) and shall be centered on tree.

Root Solutions RS-18 may be used as an alternate. Use the same quantities per tree sizes as listed above. 1(800)554-0914
Tree Root Barriers
WELO Water Use Calculations
1 2
3 4
5 277,007.75 gallons29,717 sfTOTAL
ETo for Ceres 50.2
Shrubs
Shrubs
Storm Treatment
Cobble/Agg
Synthetic Lawn
Medium
Low
Medium
None
None
.4
.3
.4
0 0
3,420 sf
13,683 sf
4,019 sf
3,046 sf
5,549 sf

11.5%

46.0%

13.5%

10.3%

18.7%
Drip/Bubblers
Drip/Bubblers
Rotators
None
None
.81
.81
.75
1 1
52,564.98
157,729.52
66,713.26
0 0
Maximum Applied Water Allowance (MAWA) 416,210.36 gallon/year Estimated Total Water Usage (ETWU) 277,007.75 gallon/year Average Irrigation Efficiency .81
ETWU is less than MAWA, therefore water usage as designed exceeds code requirements The following calculations represent the intended hydrozones and water usage as designed with this Preliminary Landscape Plan. As we move through the design process we anticipate minor adjestments/revisions of these calculations. However, compliance with WELO code requirements will always remain.

CODE BOTANICAL NAME COMMON NAME CONT QTY
TREES
ACE ARM Acer rubrum 'Armstrong II' Armstrong Red Maple 15 gal 6 CER DM Cercidium x 'Desert Museum' Desert Museum Palo Verde 24" box 2 CHI ART Chilopsis linearis 'Art's Seedless' Art's Seedless Desert Willow 24" box 6 GEI PAR Geijera parviflora Australian Willow 15 gal 7
LAG TUS Lagerstroemia indica x fauriei 'Tuscarora' Tuscarora Crape Myrtle 15 gal 7 PIN CAN Pinus canariensis Canary Island Pine 15 gal 13
PIS KD Pistacia chinensis 'Keith Davey' Keith Davey Chinese Pistache 15 gal 12 ULM PAR Ulmus parvifolia Lacebark Elm 24" box 2

PLANT SCHEDULE
Tall Evergreen Hedge - Irrigated 5-gallon shrubs of moderate growth rate, size in the 6'-12' spread and height range, minimal maintenance.

Leucophyllum frutescens 'Texas Ranger' Texas Sage
Nerium oleander Oleander
Rhamnus alternaus 'John Edwards' Italian Buckthorne
Xylosma congestum 'Compacta' Shiny Xylosma
Evergreen Hedge - Irrigated 5-gallon shrubs of moderate growth rate, size in the 4'-6' spread and height range, minimal maintenance.

Ligustrum japonicum 'Texanum' Waxleaf Privet
Pittosporum tobira 'Variegata' Variegated Tobira
Olea europaea 'Little Ollie' Little Ollie Olive
Rhaphiolepis indica 'White Enchantress' Indian Hawthorn Narrow Upright Shrubs - Irrigated 5-gallon shrubs of average growth rate, size in the 36"-5' spread and 8'-15' height range, minimal maintenance.

Cupressus sempervirens 'Tiny Towers' Dwarf Italian Cypress Juniperus chinensis 'Spartan' Spartan Juniper
Juniperus scopulorum 'Skyrocket' Skyrocket Juniper
Thuja occidentalis 'Emerald' American Arborvitae
Large Accent Shrubs - Irrigated 5-gallon shrubs of small to medium size and moderate growth rate, size in the 36"-48" spread and height range, minimal maintenance.

Callistemon viminalis 'Little John' Dwarf Bottlebrush
Hesperaloe parvifolia Red Yucca
Lantana hybridus 'Gold Rush' Gold Rush Lantana
Rosa 'Pink Flower Carpet' Flower Carpet Rose
Salvia greggi Autumn Sage
Storm-water Treatment Accent Plans - 5-gallon strap-leaf plant within the Carex storm water treatment grasses.

Chondropetalum tectorum Dwarf Cape Rush
Shrub and Groundcover Zoning
This plan represents the design style and theme of the landscape design and planting. These plans are preliminary and may change through the design process.

The final planting plan may not contain all of the above plants in the sizes as shown. Additionally some new plant species may be used in the final design. This plan does however indicate the quantity of trees and the overall level of landscape development that will be carried through with the final design.

Final landscape design shall meet City of Ceres codes and requirements as well as Project Specific Conditions of Approval. Final design is subject to approval through the building permit review process.

Grasses / Grass-like Plants - Irrigated 1-gallon and 5-gallon perennial and evergreen grasses and strip leaf plants planted in masses, size in the 24"-42" spread and height range.

Calamagrostis acutiflora 'Karl Foerster' Dwarf Feather Reed Grass Dianella tasmanica 'Variegata' Flax Lily
Dietes bicolor Fortnight Lily
Lomandra longifolia 'Breeze' Dwarf Mat Rush
Muhlenbergia dubia Pine Muhly
Small Flowering Accent Shrubs - Irrigated 1-gallon plants of moderate growth rate, size in the 18"-48" spread and height range.

Agapanthus africanus Lily of the Nile
Hemerocallis hybridus Day Lily
Salvia nemerosa Sage
Zauschneria californica California Fuchsia
Low Groundcover - Irrigated 1-gallon evergreen low spreading groundcover at 48"-6' o.c.

Baccharis pilularis 'Twin Peaks II' Coyote Bush
Cotoneaster dammeri 'Lowfast' Bearberry
Juniperus species (Groundcover) Juniper
Trachelospermum asiaticum Asian Jasmine
Storm Water Treatment Grasses - 1-gallon sedge
Carex tumulicola Sedge
Vines
Ficus pumila Creeping Fig
Parthenocissus tricuspidata Boston Ivy
Tranchelospermum jasminoides Star Jasmine
Cobble - 6" deep layer of 3"-4" river cobble with edging Ornamental Aggregate - 3" layer of 1
2"-1" angular ornamental aggregate
Vine covered trash enclosure
Narrow upright screen shrubs
Row of evergreen shade trees along
the back of the food truck park for
screening
Evergreen shrub hedge
Shade trees for the synthetic lawn area
Pattern of narrow evergreen upright
shrubs and hedge to screen the
industrial use to the north
Layers of shrubs and
groundcovers
Deciduous street trees to match the
street tree species to the west on
Whitmore
Possible location of storm water
treatment planter with grasses, rushes,
sedges, etc.

Pattern of narrow evergreen upright
shrubs along the fence
Low flowering accent plants at the
main entry
Formal row of narrow
upright trees along the
main entry paving plaza
Evergreen shrub hedge
Layers of shrubs, groundcover,
and grasses with a variety of
leaf color, form, and texture
Grove of conifers to anchor the
corners of the site
Sweeps of accent cobble
Vine covered trash enclosure
Possible location of storm water
treatment planter with grasses,
rushes, sedges, etc.

Deciduous parking lot shade
trees
Layers of shrubs, groundcover,
and grasses with a variety of
leaf color, form, and texture
Grove of conifers to anchor the
corners of the site
Deciduous street trees to match the
street tree species to the west on
Whitmore
Pattern of narrow evergreen upright
shrubs along the fence
Low evergreen groundcover
Item 16
www.kla-ca.com
Date
Modification
By

STATE OF CALIFORNIA

Ceres, CA
The Truck Stop
Food Park
219 N. Broadway Ave.

Turlock, CA 95380
(209)668-8721
Torre Reich
Construction, Inc.

Scale:

Date:

Drawn / Checked:

Project No:

Sheet Number:

Plant Images
L0.3
Cobble - River Rock Ornamental Aggregate
Chilopsis linearis 'Art's Seedless'
Lagerstroemia indica 'Tuscarora'
Trees
Geijera parviflora
Pistacia chinensis 'Keith Davey'
Shrubs
Groundcovers
Non-Living GroundcoverVines
Ficus pumila Parthenocissus tricuspidata Trachelospermum jasminoides

PLANT SCHEDULE
Tall Evergreen Hedge - Irrigated 5-gallon shrubs of moderate growth rate, size in the 6'-12' spread and height range, minimal maintenance.

Grasses / Grass-like Plants - Irrigated 1-gallon and 5-gallon perennial and evergreen grasses and strip leaf plants planted in masses, size in the 24"-42" spread and height range.

Baccharis pilularis 'Twin Peaks II' Coyote Bush
Cotoneaster dammeri 'Lowfast' Bearberry
Juniperus species (Groundcover) Juniper
Trachelospermum asiaticum Asian Jasmine
Storm Water Treatment Grasses - 1-gallon sedge
Carex tumulicola Sedge
Vines
Ficus pumila Creeping Fig
Parthenocissus tricuspidata Boston Ivy
Tranchelospermum jasminoides Star Jasmine
Cobble - 6" deep layer of 3"-4" river cobble with edging Ornamental Aggregate - 3" layer of 1
2"-1" angular ornamental aggregate
Leucophyllum frutescens
'Texas Ranger'
Ligustrum japonicum
'Texanum'
Pittosporum tobira
'Variegata'
Tall Evergreen Hedge
Rhaphiolepis indica
Cupressus sempervirens
'Tiny Towers'
Juniperus chinensis 'Spartan' Juniperus scopulorum
'Skyrocket'
Narrow Upright Shrubs
Thuja occidentalis 'Emerald'
Callistemon viminalis
'Little John'
Hesperaloe parvifolia Rosa 'Pink Flower Carpet'
Large Accent Shrubs
Salvia leucantha
Calamagrostis acutiflora
'Karl Foerster'
Dietes bicolor
Grasses / Grass-like Plants
Muhlenbergia dubia
Agapanthus africanus Hemerocallis hybridus Salvia nemerosa Small Flowering Accent Shrubs
Zauschneria californica
Baccharis pilularis
'Twin Peaks II'
Cotoneaster dammeri
'Lowfast'
Juniperus spp.

Low Groundcover
Myoporum parvifolia
Dianella tasmanica
'Variegata'
Acer rubrum 'Armstrong II' Cercidium 'Desert Museum'
Ulmus parvifolia
Pinus canariensis
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WHITMORE AVE.

SANDPOINT DR.

EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)
96"FD
96"FD96"FD

13.5' 13.5'
117'
96"FD
96"FD96"FD
11'

12.5'

12.5'
11'
11'
209'

12.5'

12.5'
The Truck Stop (Food Park) Rough French Drain Layout
Date: 04-04-2025
Total French Drain needed = 326 LF
Item 16
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Item 16

ATTACHMENT B
Item 16
Item 16
Item 16
ME
ETING DATE: July 21, 2025
PRO
JECT NAME: Truck Stop Grub Hub and Outdoor Music Venue
APP
LICATION NUMBER: 24-45 CUP Conditional Use Permit
RECO
MMENDATION:

Sta
ff recommends that the Planning Commission:

1. Fi
nd the proposed project Categorically Exempt from environmental review per CEQA Section 15332, Infill Development; and

2. Adop
t a Resolution approving a Conditional Use Permit for the Truck Stop Grub Hub and Outdoor Music Venue with associated parking, seating area, game area, live performance area, commissary, truck washing station, and restrooms on a

2.94-acre lot located at 1379 E. Whitmore Avenue (APNs: 040-089-033, -034, and -035).

PROJECT INFORMATION
Applicant Ashley Ranuio
Property Owner Ashley Ranuio
Property Address and APN 1379 E. Whitmore Avenue
APNs: 040-089-033, -034, -035
Existing General Plan: LI Light Industrial
Existing Zoning District: PC-29 Planned Community
Existing Use: Vacant Land
Proposed Use: Grub Hub and Music Venue
Parcel Size 2.94 acres
Adjacent Uses: North: Trucking Yard and Industrial Uses South: E. Whitmore Avenue and Residential Uses
East: Vacant Property and Industrial Uses
West: Vacant Property
CEQA Determination Categorically Exempt Per CEQA Section 15332, Infill Development
City of Ceres Planning Commission

AGENDA REPORT

ATTACHMENT C
Item 16

PROJECT LOCATION & DESCRIPTION
The appl
icant is requesting a Conditional Use Permit to construct a Mobile Food Vending Parking Facility, or Grub Hub, on a 2.94-acre lot. This Grub Hub facility is meant to be a community-centric gathering space with multiple amenities, a first of its kind in Ceres .

This Grub Hub will also have an outdoor music component which is also part of the CUP request.

The C
ity currently has one permitted Grub Hub, with a second Grub Hub on the agenda this evening. This will be the first Grub Hub to propose a commissary on-site and a truck wash station. The Commissary will allow the food trucks the ability to prepare food at this location as well as clean the vehicles at this location. In addition to these amenities for the food vendors, the site will have a plethora of amenities for the community. The outdoor music component will have a stage and lawn event area. The site plan also shows an ample shaded dining area, bar area, generous landscaped areas, and room for kids and adults alike. The site plan for the proposed Grub Hub and Outdoor Music Venue is shown in Figure 1.

Figur
e 1: Project Site Plan
The project site is located on E. Whitmore Avenue on an undeveloped industrial parcel .

The project site is located in one of the City’s mostly built -out industrial areas. The applicant has a truck yard immediately north of the project area. The applicant also owns an undeveloped parcel to the east of the project site that will be developed later . This project is going to propose landscaping along the undeveloped portion of the parcel that will not be included with the project. Figure 2 below identifies the three parcel that make up the project site.

ATTACHMENT C
Item 16
Figur
e 2: Project Site

PROJECT ANALYSIS
The pr
oposed Conditional Use Permit for the Truck Stop Grub Hub and Outdoor Music Venue project has been analyzed with respect to conformance with:

1. Cer
es General Plan

2. Ceres Municipal Code

3. California Environmental Quality Act (CEQA)
GE

NERAL PLAN CONFORMANCE
The pr
oject site has a land use designation of LI Light Industrial. Typically, the Light Industrial land use designation is for light and heavy commercial uses like manufacturing, fabrication, construction yards, wholesale uses, lumber yards, and other similar industrial and heavy commercial uses. However, incidental employee- serving retail and services may also be permitted. While this use is larger than what could be considered “incidental”, the Mobile Food Vendor Ordinance allows Grub Hubs to locate in industrial-designated land, and a precedent has been set by Planning Commission with the approval of the other Grub Hub on a LI -designated parcel. As such, staff is finding General Plan conformance for this use. The General Plan land use map below in Figure 3 identif ies the General Plan land use of the project site and the uses surrounding the project site.

ATTACHMENT C
Item 16
Figure 3: Land Use Diagram
As
the map identifies, this area is on the edge of the Industrial area and there are varied uses across Whitmore Avenue. While the land is designated commercial, there are existing homes that are not likely to redevelop. While there can be conflicts betwe en residential uses and music venues, the project applicant commissioned a noise study that indicates that there will not be a noise impact on the residents. This is discussed below in the environmental section.

In ad
dition to being an allowed use in the LI land use designation, the proposed project is also consistent with many General Plan goals and policies. The following goals and policies are just a few goals and policies that support the approval of this project:

1. Ec
onomic Development Goals and Policies
Go
al 2.G. Promote development of commercial uses compatible with surrounding land uses to meet the present and future needs of the Ceres market area and to maintain economic vitality.

Goa
l 7.A. Support a wide range of economic activity in Ceres that capitalizes on the City’s location, strengthens the City’s tax base, and supports and enhances quality of life.

Goa
l 7.E. Achieve fiscal sustainability while providing core public services and maintaining public facilities and infrastructure.

An
alysis: A Grub Hub can be a powerful tool for economic development, especially in urban and underserved communities. First, food trucks require significantly less capital than traditional brick-and-mortar restaurants. This can provide a gateway for first-time entrepreneurs, especially minorities, immigrants, and women who may face challenges accessing financing for full-scale restaurants. As the smaller food truck business grows, the truck owner may be able to expand into a full-service restaurant, creating more jobs and economic benefit for the City. A local Grub Hub can also attract visitors which benefits nearby businesses and even other restaurants. A new and interesting music venue like this Grub Hub will ultimately lower the entry barriers to business

ATTACHMENT C
Item 16
ownership, creates jobs, encourages local spending, and promotes urban revitalization.

2. Inf
ill Development Goals and Policies
Goa
l 2.D. Promote infill development to protect farmland; enhance community character; optimize City investment in infrastructure; provide pedestrian and bicycle friendly neighborhoods; and enhance economic vitality.

Pol
icy 2.D.1. Promote Infill. Promote infill development and reuse of underutilized parcels in the city to reduce pressure to develop on farmland or other “greenfield” sites on the periphery.

An
alysis: The Ceres General Plan does not directly define infill, but the goals and policies that reference infill development encourage the development and investment of vacant or underutilized parcels within existing neighborhoods and commercial corridors in order to revitalize areas within the City limits. Infill development is important as it leads to increased property tax revenue, which can fund local services like education, healthcare, and public safety. These increased revenues can provide a solid foundation for further public investments, fueling economic growth. Infill development can also be a catalyst for the revitalization of a blighted or underutilized urban space. This area of the City has not seen industrial development lately, so utilizing this site for a new and exciting use will allow a parcel to have development for a time and then if necessary, redevelop again with an industrial user when the time is right.

3. Ent
ertainment Goals and Policies
Goa
l 5.D. Promote social cohesion by providing opportunities for civic engagement; a safe, family-friendly environment; and public spaces for neighborhood interaction.

Po
licy 5.D.1. Youth Recreation. Explore opportunities to meet youth and teen recreational or entertainment needs to curb the influence of violence or crime related activities.

Po
licy 7.G.2. Special Facilities. Develop and expand tourism in Ceres by attracting, developing, and expanding public and private recreational and entertainment venues and facilities for visitors of all ages, including youth.

An
alysis: Outdoor venues can host divers programming- family concerts, cultural festivals, movie nights, and interactive performances that appeal to kids, parents, and seniors. Events that can be hosted at this Grub Hub location will create opportunities for families to engage together. This will be the first venue like this

ATTACHMENT C
Item 16
in the City and it will help turn passive or underutilized areas into lively destinations that promote safe, social environments for families.

Based on the above goals and policies , staff believe s that the proposed project is supported by the General Plan.

NING CODE CONFORMANCE
The
project site has a zoning district designation of PC-29. At this time, staff cannot locate the original PC-29 zoning documents. Historically, an underlying PC zoning designation usually matches the land use designation, which means that the same uses allowed in the PC zone should be the same as those uses allowed in LI -designated land.

Additionally, the Mobile Food Vendor Ordinance states that Mobile Food Vendors are allowed to operate in PC zones that have a General Plan land use designation of Industrial. Since this site has a Light Industrial Land Use designation as noted above, there is an implied notion that a Grub Hub and Music Venue would be permitted. The zoning district map is below in Figure 4.

Figure 4: Zoning District Designation
Per
the Mobile Food Vending Ordinance, Ordinance 2023- 1080, passed December 11, 2023, a Conditional Use Permit is required for properties where two or more vendors seek to operate on a single property. This Ordinance references processing permits in accordance with the provisions set forth in the Municipal Code. Per Section 18.30.090 of the Municipal Code, the Planning Commission must make the following findings in order to approve a Conditional Use Permit:

1. T he site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features require d by this title to adjust the use with land and uses in the neighborhood ;
Analysis: Th e proposal was routed to various departments and agencies for review and was found to be in compliance with the City of Ceres standards for development.

ATTACHMENT C
Item 16
The proposed development is in conformity with the current Zoning District and General Plan Designation.

2. Th
e site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generate d by the proposed use;
Anal
ysis: The proposal was routed to the Ceres Engineering D epartment and the Ceres Public Works Department for review. The site has currently has access from a full-service driveway off of E. Whitmore Avenue which will be improved. The site will be paved according to Engineering’s requirements and will be adequate to accommodate standard food truck and vehicular traffic.

3. The
proposed use will have no adverse effect on abutting property or the permitted use thereof;
Anal
ysis: The subject property is south of the applicant’s trucking business and there are no other uses immediately adjacent to the parcel . There are residential uses to the south of the project site, across E. Whitmore Avenue. The noise study completed for the project shows no adverse impact to these residents. This is discussed further in the environmental section.

4. Th
at the conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.

Anal
ysis: The proposed project was routed to various departments and agencies, and the Conditions of Approval were prepared based on the comments provided from each department and agency to ensure the protection of public health, safety, and general welfare.

If
the Planning Commission approves the proposal, the conditions for the project run with the property. However, staff has the ability to revoke a CUP if the applicant does not comply with the approved conditions.

CALI

FORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The pr
oposal was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined to be categorically exempt per CEQA section 15332 Infill Exemption.

The site is under five acres, is consistent with both the General Plan and Zoning District, is substantially surrounded by urban uses, and the project will not have a significant impact related to traffic, noise, air, or water quality.

Gi
ven the sensitive receptors across E. Whitmore, the applicant was asked to complete a noise study determining whether music from the site would create a noise impact on the residents. The noise modeling found that during live music performances, noise levels could reach up to 64 dBA at the property line of nearby residential receivers.

ATTACHMENT C
Item 16
However, the existing ambient noise levels maxed out at 78 dBA, with an average noise level of 72-75 dBA throughout the day. The existing ambient noise level was generated by regular car trip traffic and truck traffic. As the chart on page 4 of the attached noise study indicates, ambient noise levels were consistently at 74 dBA or higher except for the hours of 9:00 pm to 5:00 am. The Grub Hub will only be allowed to operate until 10 pm, making the venue closed during the lower ambient noise levels.

Ac
cording to the General Plan, noise levels associated with non- transportation sources (like live music) should not exceed 50 dBA at any point on a sensitive receiver’s property.

However, vehicular traffic primarily controls the existing noise environment in this area.

In the case of live music performances, noise from traffic will act to “mask” the perceived noise from music. So even if the music was at a dBA of 50, the ambient noise experienced by these residents is hi gher, being an average of 72- 75 dBA during most hours of the day. Therefore, even though the music noise will be higher than the 50 dBA allowed, at 64 dBA it’s appropriate to consider this not an impact given this noise will be muffled by the ambient noise that already exists. As such, staff believes there is no impact on the adjacent residential uses.

St
aff has no traffic, air, or water quality concerns with this project and believes that the infill exemption is appropriate.

EVIOUS ACTION
At
its regularly scheduled Planning Commission hearing on June 16, 2025, the Commission voted to continue CUP 24- 45 to a future date pending City Council discussion on the existing Mobile Food Vending Ordinance, Ordinance 2023-1080, which was adopted on December 11, 2023.

Pur
suant to Ceres Municipal Code Sections 2.05.040 and 18.30.010, the review authority for taking action on Conditional Use Permits (CUPs) is the Ceres Planning Commission.

While the current Mobile Food Vending Ordinance does not include a cap on the number of such facilities permitted within city limits, it remains the governing regulation for evaluating CUP applications requesting authorization to establish a Mobile Food Vending Facility. As such, pending CUP applications must be reviewed based on the cur rent adopted standards and provisions, irrespective of potential future amendments.

Al
though the Planning Commission expressed interest in discussing with the City Council whether to impose a limit on the number of mobile food vending facilities, any potential changes to the ordinance would not apply retroactively to applications submitted under the existing framework. As such, Staff recommends the Commission proceed with a decision on CUP 24-45 in accordance with the current ordinance and applicable findings

STAFF RECOMMENDATION
St
aff recommends that the Planning Commission:

ATTACHMENT C
Item 16

1. Find the proposed project Categorically Exempt from environmental review per CEQA Section 15332, Infill Development; and

2. Adopt a Res
olution approving a Conditional Use Permit for the Truck Stop Grub Hub and Outdoor Music Venue with associated parking, seating area, game area, live performance area, commissary, truck washing station, and restrooms on a

2.94-acre lot located at 1379 E. Whitmore Avenue (APNs: 040-089-033, -034, and -035).

Attachmen
ts:

1. Draft PC Reso
lution 25-13

2. Exhibit A- Conditions of Approval

3. Exhibit B- Approved Plan Set

4. Noise Study
Reviewed by:
__
07/11/25 _______ ___/s_______________________________________ Kelsey George, Planning Consultant Date

ATTACHMENT C
Item 16
RECORDING REQUESTED BY:

CITY OF CERES

When Recorded mail to:

City of Ceres
Community Development Department
2220 Magnolia Street
Ceres, CA 95307

DRAFT
RESOLUTION NO. PC 25-13

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CERES

APPROVING A CONDITIONAL USE PERMIT FOR THE TRUCK STOP GRUB

HUB AND OUTDOOR MUSIC VENUE AND FINDING THE PROJECT EXEMPT FROM EBVIRONMENTAL REVIEW PER CEQA SECTION 15332 INFILL

EXEMPTION
LOCATED AT 1379 E. WHITMORE AVENUE, CERES CA 95307
FILE NOS. 24-45 CUP

WHEREAS, the Planning Commission held a duly noticed public hearing on June 16, 2025 at 6:00 p.m. and considered a Conditional Use Permit for The Truck Stop Grub Hub and outdoor music venue with associated parking, seating area, game area, live performance area, commissary, truck washing station, and restrooms; and

WHEREAS, on June 16, 2025, the Planning Commission considered CUP 24-45 and voted to table the item to a future date pending a broader policy discussion with the City Council regarding the number of mobile food vending facilities permitted within city limits under Ordinance 2023-1080; and

WHEREAS, on July 21, 2025, CUP 24- 45 was returned to the Planning Commission for consideration pursuant to the existing Mobile Food Vending Ordinance (Ordinance 2023- 1080), as no formal direction or amendments have yet been made by the City Council regarding the total number of facilities permitted citywide; and

WHEREAS, the property affected by this resolution is located at 1379 E.

Whitmore Avenue, Ceres, CA 95307, identified by Assessor’s Parcel Number s 040-089-033, -034, -035; and,

WHEREAS, the Planning Commission based on the evidence within the staff report and project file find that:

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1. The proposed project and Conditional Use Permit is consistent with the purpose and intent of the LI Light Industrial Land use designation of the Ceres General Plan in that this land use designation supports Mobile Food Vending and Outdoor Music Venue uses.

2. The proposed project and Conditional Use Permit is consistent with the PC- 29 Zoning District and the Mobile Food Truck Vendor Ordinance in that it is an allowed use in this zoning district and the project meets the requirements of the Mobile Food Truck Vendor Ordinance.

3. With the conditions of approval imposed on this project, the project will have no adverse effect on surrounding properties or on any wildlife or wildlife habitat.

4. The conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows:

Section 1. The Planning Commission hereby confirms that the Conditional Use Permit is exempt from environmental review per Section 15332 In-Fill Exemption of the California Environmental Quality Act (CEQA), and that approval of this Conditional Use Permit is not subject to further environmental review.

Section 2. The establishment and operation of the Grub Hub under permit 24-45 CUP requires compliance with the conditions of approval contained in this resolution and attached as Exhibit “A ” on file in the Community Development Department, as well as the approved plan set attached as Exhibit “B”, which shall be binding on all heirs, assignees, and successors in interest of said property.

Section 3. The Director of Community Development or designee is hereby directed to record this Resolution at the office of the County Recorder of the County of Stanislaus.

Section 4. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020 (d) (1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the ninety (90) day appeal period in which you may protest these fees, dedications, and reservations other exactions, pursuant to Government Code Section 66020 (a), has begun. If you fail to file a protest within this ninety

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(90) day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exaction.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Ceres at a regularly scheduled public hearing held on the 21st day of July 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

GARY CONDIT, CHAIRPERSON

CITY OF CERES

PLANNING COMMISSION

ATTEST:

________________________________

ANN MONTGOMERY

ADMINISTRATIVE SECRETARY

CITY OF CERES

ATTACHMENTS:

Exhibit A: Conditions of Approval
Exhibit B: Approved Plan Set

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EXHIBIT A

City of Ceres Community Development Department
Conditions Of Approval- Planning Commission

Approved by the Planning Commission on: July 21, 2025

Project File Number: 24-45 CUP Conditional Use Permit Project Name: The Truck Stop Grub Hub and Outdoor Music Venue Project Address: 1379 E. Whitmore Avenue
APN: 040-089-033, -034, -035
Property Owners: Ashley Ranuio
9022 Hildreth Lane
Stockton, CA 95212

Project Applicant: Ashley Ranuio
9022 Hildreth Lane
Stockton, CA 95212

This list of conditions is not intended to be all -inclusive or a comprehensive list of City regulations. All conditions are referenced to The Truck Grub Hub plans (dated April 2, 2025) on file with the City of Ceres, Community Development Department, Planning Division.

City of Ceres Community Development Department: Planning Division

1. Approval. This Conditional Use Permit is approved subject to these specific conditions. Any variation from the approved plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation.

2. Conformance to Plans. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, and presentations made to staff as affirmed to by the applicant and presented on the plans dated April 2, 202 5. Any variation from these plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation.

3. Expiration. This approval shall expire two years from this date on Ju ly 21, 2027, unless altered and/or extended per State law. Prior to expiration, the owner/developer may apply for an extension, to be approved by the

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EXHIBIT A

Community Development Director, not to exceed a total of two years from the original date of expiration. It shall be the responsibility of the applicant/property owner to be aware of the expiration of this entitlement and take the necessary steps to ensure the approval of this entitlement remains valid. It shall not be the City of Ceres’ responsibility to no tify the applicant/property owner of the project’s expiration date. If an approved entitlement expires, the applicant/property owner shall be required to submit a new application request for this project.

4. Grub Hub Conditions
a. Hours. The hours of the Grub Hub will be from 9 am to 10 PM 7 days a week.
b. Disposal of FOG. Any fat, oil, or grease produced by the vendor must be disposed of appropriately. Grease interceptor must be approved by the City Engineer and inspected by the Stanislaus County Department of Environmental Resources.
c. Business License, trucks. All trucks on site will obtain and maintain a valid business license through the City of Ceres.
d. Business License, Grub Hub. The Grub Hub will obtain and maintain a valid Business License through the City of Ceres.
e. Trash Receptacles. The operator/vendor shall have a trash receptacle adjacent to the vending vehicle for disposal of refuse generated from this activity.
f. Permit Display. The operator/vendor shall prominently display their permits (i.e. health permits, etc.) and City of Ceres Business License on the vehicle.
g. Shade structures. Permanent awnings or shade structures shall require appropriate building permits. Removable or temporary awnings or shade structures shall be removed and stored away during non- operating hours.
h. Fire Access. Vehicles shall not be parked in a manner that will impede fire department response into an area.
i. Appearance and Storage. The vendor shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust - controlled condition. The vendor shall remove all evidence of vending and leave the site in a clean state at the close of each business day including any trash that was generated by that activity. j. Lighting. Vending may not occur after dark unless appropriate lighting is provided.
k. Water Service. If the food truck connects to an existing or proposed water service, then a double check backflow device is required per City standard designs.
l. Overnight Parking. Mobile food trucks may be parked on- site overnight, but no overnight camping of individuals is permitted. m. Parking. The applicant shall provide a minimum of 50 parking spaces on site. The applicant shall ensure that all parking stall lengths and widths and drive aisle widths meet City standards. Adequate handicap-

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accessible parking shall be provided and marked appropriately in accordance with the requirements of the Building Division. n. Public Restroom. A permanent public restroom facility constructed with appropriate building permits shall be required.
o. Landscaping. The frontage of parcel 040-089-033 shall be landscaped to match the adjacent parcels unless a separate tentative map is filed and approved, legally separating the parcel into two uses.

5. Environmental Health Department. Prior to allowing any mobile food vehicle to be positioned on the property, the applicant shall submit to City staff, proof of valid health permit(s) from the Stanislaus County Department of Environmental Resources (DER) have been issued for the proposal.

6. Owner Obligation. All conditions of approval shall be satisfied by the owner/developer. If at any time, any of the Conditions of Approval are found to be in non-compliance, City enforcement action may be implemented. Costs associated with compliance with the conditions shall be at the owner/developer’s expense.

7. Fees. The developer shall pay all applicable processing fees, permit fees, City development fees, fire fees, school fees, drainage fees, habitat conservation fees and other public entity fees in effect at the time of the issuance of the applicable permit.

8. Utility Companies. The applicant is responsible for contacting all appropriate utility companies to obtain agreements for extension and/or relocation of services necessary for the proposed development.

9. Signs. No business identification signs or any advertising signs shall be installed or displayed without the review and approval of the Community Development Department, and all proposed advertising signs shall comply with the Sign Standards found in Chapter 26 of Title 18 of the Zoning Ordinance.

10. Vested Rights. This approval does not vest applicant’s rights regarding future development. All ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the project and public improvements to be constructed by the Developer shall be those in force and effect at the time the applicable plan or permit approval is granted.

11. Responsible Agencies. The Developer is responsible for contacting all responsible and commenting agencies and ensuring compliance with any applicable fees and/or rules.

12. Subsequent Development. All activities undertaken in accordance with this approval shall comply with the City’s General Plan and Municipal Code. In cases of conflict between the City’s Municipal Code or map-specific conditions of approval, the governing priority shall be, to the extent legally permitted, as follows: 1) Municipal Code regulations, 2) project -specific conditions, and 3) standard conditions. The applicant shall comply with all regulations and code requirements of the Community Development Director , City Engineer, and Building Official, the Fire Chief, the Police Chief, and any other agencies requiring review of the project. If required, these agencies shall be supplied

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copies of the final maps, site plans, public improvement plans, grading plans, and building plans.

13. Amendments. The Planning Division may approve minor amendments to the project, provided that the amendment is still in substantial conformance with the original approval of this entitlement. A request for a minor amendment shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presented to the Planning Commission through the amendment process and the applicant shall pay the necessary processing fees.

14. Building Plans. The project developer shall write all conditions of approval for this project on all building permit plan check sets submitted for review and approval. These conditions of approval shall be on, at all times, all grading and construction plans kept on the project site. It is the responsibility of the building developer to ensure that the project contractor is aware of, and abides by, all conditions of approval. Prior approval from the Director must be received before any changes are constituted in site desi gn, grading, building design, building colors or materials, etc.

15. Additional Information. Upon Building Permit submittal, the applicant is required to show grading, access, paving, striping, storm drain system, frontage landscaping, fencing, sewer and water connections, and backflow devices to the satisfaction of the City Engineer. Civil drawings illustrating the required improvements for the project are required to be submitted with the building plan submittal. Any changes resulting from the review of these plans that cause substantial change to the site plan will require the project return to Planning Commission for a Site Plan Amendment.

16. Easements. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, landscaping and/or public utilities over the proposed property. Where required, location of all easements shall be agreed to with the City prior to the issuance of building permits. These easements shall be recorded prior to issuance of a Certificate of Occupancy.

17. Failure to Comply. Should the project be found, at any time, not to comply with any of the Conditions of Approval, or should the applicant construct or operate this development in any way other than as specified in the Application or Supporting documents or presentations to staff, the Planning Commission, or City Council, as modified by the Conditions of this Approval, then the terms of this Approval shall be considered to be violated.

18. Indemnification. The applicant shall indemnify and hold harmless the City, its council members and commissioners, officers, agents, employees, and representatives from liability for any award, damages, costs and fees, including without limitation attorneys’ fees, incurred by the City and/or awarded to any plaintiff in any action related to or arising out of the City’s approval of this project or subdivision Map or any environmental or other documentation related to this project. The applicant further agrees to provide a defense for the City in any such action.

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19. Limits of Approval. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.

20. Compliance with Local and State Laws. The subject use shall be conducted in full compliance with all local and state laws. No part of this approval shall be construed to permit a violation of any part of the Ceres Municipal Code.

This Site Plan Approval- Staff Level shall be subject to revocation if the subject use is conducted in such a manner as to cause a nuisance.

21. Changes in Law. This approval shall not preclude the application to development of the property of changes in City laws, regulations, plans or policies, the term of which are specifically mandated and required by changes in State or Federal laws or regulations.

22. Other entitlements. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.

23. Performance Standards. Developer shall ensure ongoing compliance with City of Ceres Performance Standards, pursuant to Ceres Municipal Code Chapter 23, Title 18.

24. Parking, Loading Areas, On- Site Circulation. All on -site parking, loading areas, and on- site circulation shall conform to the approved plans dated January 13, 2025, and conform to the parking analysis provided for this project.

25. Landscaping. On-site landscaping shall conform to the approved plans dated April 2, 2025, and conform to the Ceres Municipal Code. See additional requirement of Condition 3.o related to landscaping on parcel 040 -089-033.

Required planting areas shall be permanently maintained by water, clearing debris and litter, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. All landscaping shall be maintained in such a manner as to not restrict designated pedestrian access. All trees, shrubs, and plants which, due to accident, damage, disease, or other cause, fail to show a healthy growth shall be replaced, in kind, pursuant to the approved landscape plans within 30 days from the identified damage date.

26. Landscape Maintenance. In addition to complying with the State of California’s Model Water Efficient Landscape Ordinance (MWELO) standards, the applicant shall be required to landscape and irrigate the property as stipulated by the City of Ceres Water Efficient Guidelines and Standards. The applicant, prior to building permit submittal, shall provide landscape and irrigation plans indicating the type, size and location of planted material, water usage calculations and irrigation plans. The Director of Com munity Development or his designee will review and approve all landscape and irrigation plans. A Landscape Maintenance Agreement form shall be signed and executed prior to issuance of a building permit.

27. Storage, Screening, and Fencing. All storage, screening, and fencing shall conform to the approved plans dated April 2, 2025 and conform to the Ceres Municipal Code.

28. Lighting. All on-site lighting for parking areas, pedestrian areas, and vehicular or pedestrian paths of travel shall be LED lighting. Any new lighting is required

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to submit a photometric plan for review showing it complies with Chapter 25, Title 18 of the Ceres Municipal Code. Any proposed exterior lighting will need to be shielded and/or directed downward and away, so as not to create any glare onto Mitchell Road or Roeding Road and the neighboring properties.

29. Site Maintenance. The site shall be permanently maintained in a neat and clean manner free of weeds, trash, and debris.

30. CPTED. Landscaping and lighting shall be maintained to compliance with Crime Prevention through Environmental Design (CPTED) guidelines. Shrubs shall be limited to two feet in height, and mature trees shall be limbed up to six feet above the ground. Dead or dyin g plants shall be replaced with materials of equal size and similar variety.

31. Paving. The City will require the applicant to construct the paving improvements (for parking area/access driveway) for the project as proposed on the Site Plan, which shall be completed to the satisfaction of the City. The project shall comply with the American Disabilities Act (ADA) requirements for access and for the required number of ADA parking stalls. Handicapped parking spaces shall be provided with a dimension of 17’ x 19’. For any parking provided at 90°, a minimum of 24’ shall be provided for back -up and parking spaces shall be a minimum of 9’ x 19’.

32. Temporary Outdoor Storage. During the construction phase, the applicant shall ensure temporary outdoor storage of items will be screened with a fence or wall, as required. Depending on use, fences or walls shall not exceed eight (8’) feet in height including security measures, unless required for environmental mitigation or approval of the Planning Commission or City Council.

33. SJVAPCD. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District regarding Rule 9510 to the satisfaction of the City of Ceres. If applicable, applicant shall submit verification of compliance or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City.

City of Ceres Community Development Department: Building Division

34. Building Requirement. The following proposal to construct this facility shall be required to be in compliance with the most current adopted California Code of Regulations Title 24 at the time of the building permit application submittal date.

35. Circulation. Any and all tenant space(s) with an occupancy category allowing public access shall have an exterior circulation path in accordance with Chapter 11B of Part 1 , Volume 2 of the most current adopted California Code of Regulations Title 24.

36. Building Plans. The building plans shall be drawn by a licensed engineer or architect.

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37. Demolition Permits. The applicant shall secure the necessary demolition permit(s) from the City of Ceres to demolish all/any existing structures on site.

38. Fi re Code. All construction and design shall meet or exceed the California Fire Code for fire and life safety requirements, including exiting and other life safety concerns.

39. Addresses. Building addresses for both buildings shall be posted and visible from the roadway in accordance with the California Fire Code and Ceres Municipal Code.

40. Restrooms. The applicant shall provide on -site restroom facilities during construction.

41. Accessible Parking. Accessible parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side. ADA accessibility to the proposed building shall be required per State and Federal Law and to the approval of the Building official.

42. During Construction. The following conditions shall apply:
a. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately.

Work shall not proceed until clearance has been issued by all of these agencies.
b. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.
c. If grading is to take place between October 1 and May 1, both temporary and permanent erosion control plans shall be submitted for review and approval along with the grading plan. Permanent erosion control measures shall include hydro- seeding of all graded slopes within 60- days of completion of grading.
d. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer.
e. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided.
f. If there are substantial changes in the size, alignment, grades, etc. during construction, then original "as -built" plans on the standard size sheets will be certified by the Project Civil Engineer and returned to the City Engineering Services Department office.

43. TID. The applicant shall comply with any requirements imposed by the Turlock Irrigation District (TID).

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City of Ceres Engineering Department

44. Civil Drawings. Civil drawings illustrating required improvements (i.e. water and sewer services, a storm drain system, paved parking area, and commercial curb cuts) are required to be submitted with the building plan submittal for each building.

45. City Standards. The applicant shall install all required improvements (including parking area, driveway approaches, and curb, gutter, sidewalk) to the Standards of the Engineering Services Department. The applicant shall obtain approval of an Encroachment Permit through the Engineering Services Department prior to constructing these improvements.
a. The applicant shall install all required (including curb, gutter, and sidewalk, as well as meter and backflow devices) improvements to the Standards of the Engineering Services Department.

46. Trash Enclosure. The applicant shall provide trash enclosure(s) for the project that lock and integrate design elements of the main building. The City will expect trash enclosure(s) to be identified on the site plan with details of structure illustrated on project plans upon the submittal of a building permit application for the project to the Building Division. Additionally, recycling service shall also be provided.

47. Grease Traps. The applicant shall provide a standard food service grease trap for each building that has a kitchen/food prep area, which shall be approved by the County of Stanislaus Department of Environmental Resources. The applicant/future tenant(s) shall secure the necessary permits for the food service operations.

48. Grading Plans. The applicant will be required to submit a grading and drainage plan to the Engineering Services Department. The paving improvements proposed for the project shall be completed to City Standards.

The applicant shall demonstrate that surface water runoff f rom the proposed building(s), including new paving and access/driveway areas, is conveyed to on-site stormwater retention facilities and that the facilities are adequately sized for the proposed changes.

49. SWPPP. The City needs a copy of a Stormwater Pollution Prevention Plan (SWPPP), prior to start of construction (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's stormdrain inlets, which includes gravel drives at entrance/exit points, wattles, and stormdrain inlet filters, as well as keeping concrete wash, chemicals, etc. out of the stormdrain system. This shall be done to the satisfaction of the Engineering Services Department. Additional information on BMP's may be found at: www.cabmphandbooks.com.

50. Storm Water. The applicant shall comply with the State Water Regional Control Board Storm water Best Management Practices during construction.

The project may require the developer to submit a Notice of Intent (NOI) with the State Water Resources Control Board, and obtain a Waste Discharge Identification Number (WDID). More information may be found at www.waterboards.ca.gov.

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51. Utility Easements. Additional utility easements might be needed for sewer, water, and storm drainage.

52. Soils Report. A soils report may be required for the project. If such report is required, the report shall comply with the requirements of the current edition of the International Building Code with the current California amendments.

The report shall provide design parameters for proposed building foundation, soil preparation, and specifications and recommendations for pavement sections including loading areas and fire lanes.

53. Soils Certification. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement.

54. Pavement Design. The applicant shall submit pavement design sections to the Engineering Services Department for review and approval prior to placement of pavement.

55. Water Meter. The applicant shall contact the Water Department to discuss whether or not the applicant would need to provide more than one (1) water meter for the project.

56. Water Service. The applicant shall contact the Water Department to discuss whether or not three (3) separate district water related service lines including fire service, domestic service, and irrigation service would be required.

57. Sewer Capacity. The project may be subject to providing the Engineering Services Department (209-538-5792) with water and sewer analysis to ensure the City has sufficient capacity to serve the development.

58. Encroachment Permit. Prior to any work being conducted within the City right-of-way and prior to issuance of building permits, the applicant shall obtain an Encroachment Permit from the City. Prior to issuance of the Encroachment Permit, the applicant shall submit to the City of Ceres for review and approval, improvement plans prepared by a registered Civil Engineer; shall pay plan check and inspection fees; shall provide a cost estimate of the improvements; and shall post sufficient surety guaranteeing the construction of the improvements.

59. Traffic Control Plans. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the City right-of-way.

60. Water Wells. The applicant shall indicate, in writing to the City, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they mus t be destroyed per County of Stanislaus requirements.

City of Ceres Fire Department

61. Uniform Fire Code. All construction shall conform to the requirements of the City of Ceres Building Division and City of Ceres Ordinance 84- 625, as amended pertaining to the Uniform Fire Code and Ordinance 80- 546, as amended, pertaining to Automatic sprinklers.

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62. Sprinkler System. An approved automatic fire sprinkler system and all alarm systems are required for each building that is 5,000 square feet or more in size. Each system will need to be 24-hour monitored by an approved and UL listed monitoring station.

63. Fire Alarm System. An approved fire alarm system is required for each building and each system shall be 24-hour monitored by an approved and UL listed monitoring station.

64. Access Road. Access roads shall be no less than 20 feet of unobstructed width.

65. Fire Extinguishers. Fire Extinguishers shall be provided in accordance with the California Fire Code. If cooking with grease, a CLASS K Fire Extinguisher is required.

66. Cooking Food Trucks. Cooking Food Trucks that have an ANSUL System must maintain the ANSUL 6-month service.

67. Fire Hydrants. Fire hydrant(s) are required. All fire hydrant(s) shall be spaced 300 feet apart in which both on and off site location to be approved by Ceres Fire Department. Fire hydrants shall also be within 50 feet of the Fire Department Connection on the same side roadway for the Automatic Fire Sprinkler System. They shall be connected to a minimum main size of 8 inches for a dead-end hydrant and 6 inches for a looped system. Each hydrant shall be Rich 960 or equal and be within 50 feet of each Fire Department Connection (FDC). Fire Department Connections (FDC’s) shall be located per Ceres Fire Department specifications.

68. Fire Main Layout. Fire main layout shall be reviewed and approved by the Ceres Fire Department. All water systems shall be looped when supplying more than one hydrant.

69. EVA. All Emergency Vehicle Access points and proposed utilities shall ensure cross-easements and shall be located per the proposed development plans unless modified by these conditions. All Emergency Vehicle Access shall be constructed of an all -weather material approved by the Ceres Fire Department.

70. Security Lighting. The applicant shall provide on-site security lighting to the satisfaction of the Ceres Fire Department.

71. Fire Inspections. A minimum of 48-hour notice is required for inspections.

72. Vertical Obstructions. All vertical obstructions shall be higher than 13 feet 6 inches.

73. Address Numbers. Address numbers on the building shall clearly be visible from the street in contrasting color. Front and rear doors to have address numbers (or Suite numbers) 6” in size.

74. Fire Lanes. The applicant shall mark fire lanes within the project in the locations as approved by the Fire Marshall

75. All Weather Signage. Permanent all weather signage (minimum 3 inch letters/numbers – red background with white letters – shall be installed at:
a. Main Electrical Disconnect
b. Main Gas Shutoff
c. Electrical Room

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City of Ceres P olice Department

76. P ublic Peace, Safety, Morals. The project will be required to conform to the provisions of the Public Peace, Safety, and Morals section of the Ceres M
unicipal Code.

77. V ideo Cameras. The applicant/operator shall have HD quality monitoring cameras with 4k/1080p resolution for the exterior of the building at all times to t
he satisfaction and approval of the Ceres Police Chief. The applicant/operator shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.

78. A
lcohol. The sale or consumption of alcoholic beverages shall be in accordance with the California D epartment of Alcoholic Beverage Control.

When alcohol is being served on site, there will be security present on site.

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EV
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Project
Location
Vicinity Map Not to scale
S A N D P O I N T D R.
0' 10' 20' 40'
www.kla-ca.com
Date
Modification
By

STATE OF CALIFORNIA

Ceres, CA
The Truck Stop
Food Park
219 N. Broadway Ave.

Turlock, CA 95380
(209)668-8721
Torre Reich
Construction, Inc.

Scale:

Date:

Drawn / Checked:

Project No:

Sheet Number:

Conceptual
Landscape Plan
L0.1
W H I T M O R E A V E.

Remaining Lot
Vacant Lot
Vito's Trucking Co.

The landscape design concept for The Truck Stop Food Park is to provide an enjoyable and aesthetic space for employees and customers that fits within the landscape framework of the existing neighborhood and the surrounding area, as well as the requirements of the City. Plant material has been selected that performs well in the special conditions of the City of Ceres (Sunset Zone #14).

No high water use turf areas are included - Synthetic lawn is used instead.

Low and medium water use hardy trees, shrubs and groundcover are proposed for the landscape around the site. The landscape (and associated irrigation) has been designed to be compliant with City of Ceres's Water Efficient Landscape Ordinance (WELO).

Special considerations have been provided in selection of plant material that respect the needs of the facility as well as the customers. Clear and secure view corridors have been provided to ensure safety of the customers entering and moving around the site.

Landscape Concept
Light
Industrial
Landscape Zone Legend
Shrubs and Groundcover - 1 and 5 gallon plants with a variety of leaf color, form, and texture. Min. 3" layer of mulch. Bubbler or drip emitter irrigation 17,103 sf
Storm Water Treatment - Sodded no-mow fescue and/or 1-gallon ornamental grasses and pear gravel mulch. Pop-up rotator spray irrigation 4,019 sf
Cobble - 4"-6" layer of 4" diameter ornamental river cobble with weed fabric barrier - No irrigation
1,061 sf
Aggregate - 3" layer of 1/2"-1" diameter angular ornamental aggregate such as Lodi Brown - No irrigation other than for trees 1,985 sf
Synthetic Lawn - SynAugustine 347 or similar avail from SynLawn - No irrigation other than for trees
5,549 sf
Commissary
Shaded Dining Area
Event Lawn
(Synthetic Lawn)
Stage
Existing Fire Access Lane - Main Drive Aisle
Trash
EnclosureTrash
Enclosure
Vendor
Truck Wash
Ice
Dump Station
Propane Stall
Storage/
Restrooms
Bar
Parking Lot
Parking Lot
Parking Lot
Existing chain link gatesExisting chain link fence
Proposed chain link
or tubular steel fence
Vine covered trash enclosure
Proposed chain link
or tubular steel fence
Existing concrete sidewalk
Proposed tubular steel fence
Proposed tubular steel
sliding gate
Tubular steel pedestrian gate
5' wide concrete sidewalk
path-of-travel
Existing concrete sidewalk
Proposed tubular steel fence Project sign
Possible location for storm water
treatment planter
Possible location for storm
water treatment planter
Proposed chain link fence
Typical placement of food trucks
around the perimeter
Concrete paving (typical all
dining and circulation areas)
Shade covered patio with tables
and seating
High-top 'bar' seating and stools
along the perimeter
Proposed chain link fence
Vendor restroom
Ornamental aggregate
groundcovering in the 'service'
areas of the site
Dish wash stations
Proposed chain link fence
Proposed chain link fence
Vine covered trash enclosure
Propane tank with aggregate
groundcover around
Ornamental aggregate
groundcovering in the 'service'
areas of the site
Existing chain link fence
Sliding chain link gate
Typical placement of food trucks
around the perimeter
Proposed chain link fence
Synthetic lawn area with
shade trees for vendor use
Proposed tubular steel fence
Proposed tubular steel sliding
gate
Public entry into the food park
Enhanced concrete paving
Synthetic multi-purpose
lawn area

ATTACHMENT C
Item 16
EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)

GEI PAR
15 gal
7 40' O.C.

ULM PAR
24" box
2 CER DM
24" box
2 CHI ART
24" box
6 30' O.C.

PIS KD
15 gal
4 40' O.C.

LAG TUS
15 gal
3 LAG TUS
15 gal
4 PIS KD
15 gal
4 PIN CAN
15 gal
4 ACE ARM
15 gal
3 PIN CAN
15 gal
5 ACE ARM
15 gal
3 PIN CAN
15 gal
4 28' O.C.

S A N D P O I N T D R.
0' 15' 30' 60'
www.kla-ca.com
Date
Modification
By

STATE OF CALIFORNIA

Ceres, CA
The Truck Stop
Food Park
219 N. Broadway Ave.

Turlock, CA 95380
(209)668-8721
Torre Reich
Construction, Inc.

Scale:

Date:

Drawn / Checked:

Project No:

Sheet Number:

Preliminary
Planting Plan
L0.2
W H I T M O R E A V E.

Remaining Lot
Vacant Lot
Vito's Trucking Co.

Landscape Areas
Planting Areas
Turf Area
Shrub Area
Storm Treatment Planting
Cobble
Total:

Total Parcel size
Percentage of parcel in landscape
0 sf 0%
17,103 sf 77%
4,019 sf 18%
1,061 sf 5%
22,183 sf (0.51 acres)
105,339 sf (2.42 acres)

11.5%

46.0%

13.5%

10.3%

PLANT SCHEDULE
Tall Evergreen Hedge - Irrigated 5-gallon shrubs of moderate growth rate, size in the 6'-12' spread and height range, minimal maintenance.

Grasses / Grass-like Plants - Irrigated 1-gallon and 5-gallon perennial and evergreen grasses and strip leaf plants planted in masses, size in the 24"-42" spread and height range.

ATTACHMENT C
Item 16
www.kla-ca.com
Date
Modification
By

STATE OF CALIFORNIA

Ceres, CA
The Truck Stop
Food Park
219 N. Broadway Ave.

Turlock, CA 95380
(209)668-8721
Torre Reich
Construction, Inc.

Scale:

Date:

Drawn / Checked:

Project No:

Sheet Number:

PLANT SCHEDULE
Tall Evergreen Hedge - Irrigated 5-gallon shrubs of moderate growth rate, size in the 6'-12' spread and height range, minimal maintenance.

Grasses / Grass-like Plants - Irrigated 1-gallon and 5-gallon perennial and evergreen grasses and strip leaf plants planted in masses, size in the 24"-42" spread and height range.

Baccharis pilularis 'Twin Peaks II' Coyote Bush
Cotoneaster dammeri 'Lowfast' Bearberry
Juniperus species (Groundcover) Juniper
Trachelospermum asiaticum Asian Jasmine
Storm Water Treatment Grasses - 1-gallon sedge
Carex tumulicola Sedge
Vines
Ficus pumila Creeping Fig
Parthenocissus tricuspidata Boston Ivy
Tranchelospermum jasminoides Star Jasmine
Cobble - 6" deep layer of 3"-4" river cobble with edging Ornamental Aggregate - 3" layer of 1
2"-1" angular ornamental aggregate
Leucophyllum frutescens
'Texas Ranger'
Ligustrum japonicum
'Texanum'
Pittosporum tobira
'Variegata'
Tall Evergreen Hedge
Rhaphiolepis indica
Cupressus sempervirens
'Tiny Towers'
Juniperus chinensis 'Spartan' Juniperus scopulorum
'Skyrocket'
Narrow Upright Shrubs
Thuja occidentalis 'Emerald'
Callistemon viminalis
'Little John'
Hesperaloe parvifolia Rosa 'Pink Flower Carpet'
Large Accent Shrubs
Salvia leucantha
Calamagrostis acutiflora
'Karl Foerster'
Dietes bicolor
Grasses / Grass-like Plants
Muhlenbergia dubia
Agapanthus africanus Hemerocallis hybridus Salvia nemerosa Small Flowering Accent Shrubs
Zauschneria californica
Baccharis pilularis
'Twin Peaks II'
Cotoneaster dammeri
'Lowfast'
Juniperus spp.

Low Groundcover
Myoporum parvifolia
Dianella tasmanica
'Variegata'
Acer rubrum 'Armstrong II' Cercidium 'Desert Museum'
Ulmus parvifolia
Pinus canariensis

ATTACHMENT C
Item 16

ATTACHMENT C
Item 16
WHITMORE AVE.

SANDPOINT DR.

EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)
EV
(LEVEL 2)
96"FD
96"FD96"FD

13.5' 13.5'
117'
96"FD
96"FD96"FD
11'

12.5'

12.5'
11'
11'
209'

12.5'

12.5'
The Truck Stop (Food Park) Rough French Drain Layout
Date: 04-04-2025
Total French Drain needed = 326 LF

ATTACHMENT C
Item 16
City of Ceres
Truck Stop Grub Hub and Outdoor Music Venue Project
City Council Appeal Hearing
Monday, September 08, 2025
City Hall Council Chambers, 6:00 PM

ATTACHMENT D
Item 16

CITY OF CERES
Approved Project
The approved project is a Conditional Use Permit to construct a Mobile Food Vending Parking Facility, or Grub Hub, on a 2.94-acre lot. This Grub Hub will also have an outdoor music component which is also part of the CUP request.
2 ATTACHMENT D
Item 16

CITY OF CERES
Project Site
3 ATTACHMENT D
Item 16

CITY OF CERES
Current Land Use Designation: HDR
4 ATTACHMENT D
Item 16

CITY OF CERES
Current Zoning Designation
5 ATTACHMENT D
Item 16

CITY OF CERES
Landscape Plan
6 ATTACHMENT D
Item 16

CITY OF CERES
Environmental Review
7 The project is exempt per CEQA Section 15332 In-Fill
Development Projects in that the project is:
• Consistent with the General Plan;
• The development is within City limits;
• The project has no value as habitat for endangered, rare or threatened species; the approval of the project will not result in any significant effects related to traffic, noise, air quality, or water quality; and • The site can be adequately served by all required utilities and public services.

ATTACHMENT D
Item 16

CITY OF CERES
Appeal Letter
8 A timely appeal was received on July 24, 2025 from Andres Sanches. Two statements made in appeal letter:

Issue 1: I am currently constructing a grubhub here in Ceres and was promised no more than two would be allowed before I invested into this project.

Issue 2: This Truck Stop Grubhub was approved for a commissary, alcohol, and live music which I was denied for all of this.

ATTACHMENT D
Item 16

CITY OF CERES
Staff Recommendations:
9 Staff recommends that the City Council:

Deny the appeal of Planning Commission’s approval of
Conditional Use Permit Number 24-45 (CUP) for the Truck Stop Grub Hub and Outdoor Music Venue located at 1379 E.

Whitmore Avenue, Ceres, CA (APNs: 040-089-033, -034, -035).

ATTACHMENT D
Item 16
Item 16

ATTACHMENT E
{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 September 8, 2025, at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to the following:

An appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 24 -45 (CUP) Truck Stop Grub Hub , located at 1379 East Whitmore Avenue , Ceres, CA (APNs: 040-089-033, -034, -035). This CUP is to allow the construction of a Mobile Food Vending Parking Facility, or Grub Hub. There will be a commissary on -site and a truck washing station. The commissary will allow the food trucks the ability to prepare food at this location as well as clean the vehicles at this location. The Grub Hub will also have an outdoor music component which is also part of the CUP request.

The proposal was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined to be exempt from CEQA review per CEQA Section 15332: In -Fill development projects.

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

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.

If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.

/s/ Fallon Martin, City Clerk

Date Notice Posted: August 27, 2025

Item 16
Item 16

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: September 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Julian Aguirre, Redevelopment and Economic Development Manger [email protected], (209) 538-5773
SUBJECT:

Resolution No. 202 5-XXX, Approving the Annual Report of the Ceres Downtown Revitalization Area (CDRA) for Fiscal Year 2025- 2026 and Setting a Public Hearing for October 13, 2025, to Consider Approving the Levy Assessment for CDRA Activities and Projects
RECOMMENDED COUNCIL ACTION:

Staff recommends the approval of a Resolution approving the Annual Report of the Ceres Downtown Revitalization Area (CDRA) for the 2025-26 Fiscal Year and setting the City Council’s public hearing for the regularly scheduled meeting for October 13, 2025 to consider levying an assessment on businesses within the CDRA to finance the CDRA’s activities and projects planned for Fiscal Year 2025-26.

I. BACKGROUND:

The Ceres Downtown Revitalization Area was created under the provisions of the Parking and Business Improvement Area Law of 1979 by Ordinance No. 88 -708 adopted by the Ceres City Council on September 26, 1988. In 1995, pursuant to the authority provided in the Streets and Highways Code 36500 -36551, the City Council approved Ordinance 95-848 which added flexibility to the types of uses and activities for which assessment revenue could be used. New language was added to allow assessment revenues to be used for…. “Other projects, programs and/or improvements, the purpose of which is to contribute to the revitalization of downtown Ceres”. All of the ordinance provisions are codified in Ceres Municipal Code Chapter 3.08, CERES DOWNTOWN REVITALIZATION AREA.

The Ceres Downtown Revitalization Area Board (CDRAB) was established by the City Council in 1989 by Resolution No. 1989-18 and, in 1998, the Ceres Planning Commission was formally appointed by Council as the designated advisory body to serve as the Ceres Downtown Revitalization Area Board (CDRAB) and advise the City Council regarding economic and revitalization issues of the Downtown area. Resolution No. 1989 -18 Item 17
requires that an Annual Report be prepared by the CDRAB and forwarded to the City Council and that the Annual Report make recommendations as to the expenditure of funds for each fiscal year. After the Annual Report is reviewed and accepted by the City Council, a public hearing is to be scheduled, at which time the City Council considers approval of the assessment to be levied on applicable businesses for that fiscal year.

Under Municipal Code Section 3.08.030, revenues generated by the assessment on businesses located in the Ceres Downtown Revitalization Area will be used to fund landscaping and beautification, irrigation, street furniture and lighting, including related maintenance; reconstruction of alleys and provisions for off -street parking; façade renovation efforts; and other general projects and/or improvements that contribute to the revitalization of downtown Ceres.

At the August 18 th CDRAB meeting the Board (Planning Commission) reviewed the proposed CDRAB Annual Report for FY20 25-26, including reviewing the annual budget of proposed expenditures and recommended that the City Council reconsider contract services expenditures.

The action of the CDRA Board is to recommend that the City Council approve the CDRAB FY2025-26 Annual Report, which is attached hereto. The Board’s action also recommends that the FY202 5-26 budget expenditures for normal ongoing annual expenses continue at a conservative pace. The estimated revenue for FY202 5-26 may vary each quarter based on when businesses submit their payment. As of now the contract services expenditure consists of $24,000 for landscape service s and the remaining balance of the expenditure will come from general fund if Levy Assessment does not cover such expenditures.

The significant landscape services expenditure must be allocated to fund the cost necessary to provide landscape maintenance in the CDRA, as the City has assumed full responsibility for this service.

II. REASONS FOR RECOMMENDATION:

The State of California Streets and Highways Code section 36533(a) requires that a report be prepared annually, describing the boundaries of the zone, the assessments to be levied on businesses in the zone, and to identify any improvements and activities to be paid from those assessments.

The Annual Report for FY 2025-26 is attached to this report for your review and includes a map of the CDRAB boundaries, legal description of the CDRAB area, and the method for calculating the individual business assessments. Although the levy and assessments for the CDRAB have not been raised since the Parking and Business Improvement District was first created in 1989, staff and the Board are proposing that the assessment for FY 2025-26 remain the same as FY 2023-24, which is outlined in the attachment E.

III. FISCAL IMPACTS:

The full fiscal impact of the proposed Ceres Downtown Revitalization Board annual budget recommended by the CDRAB is $ 25,216.00. These funds are to be appropriated from the CDRAB budget, which is financed from levying an assessment on Downtown businesses and there will be limited impact to the General Fund as No Levy Assessment Item 17
was approved for fiscal year 2024 -25. This assessment is projected to generate approximately $ 10,000 or more during the 202 5-26 Fiscal Year. Additionally, the proposed budget will require approximately $15,216.00 from unexpended budget reserves. As of June 30, 2025, CDRAB unencumbered reserves are anticipated to be $ 34, 456.52 If the City Council adopts this budget and the funds allocated to all projects identified are fully expended, CDRAB unencumbered reserves on June 30, 202 6 are anticipated to be ~ $19,240.52 if Levy is approved. If no levy is assessed the CDRAB reserves will continue to be spent down and expenditures will have an impact on the General Fund.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Action on this item furthers the City’s Strategic Plan goal of “Economic Development:

Proactively implement the City Council’s Economic Development Strategic Plan 2013 - 2020 consistent with the Council’s long-term vision and priorities…”. As noted previously, action to approve this Annual Report furthers the progress in impleme nting the Strategic Plan, as well as the Ceres Downtown Specific Plan policy objectives that will enhance the community’s economic strength and vitality.

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

A public hearing to be scheduled on October 13, 2025, when the City Council considers the levy of an assessment on affected businesses for FY 2025-26. A Community meeting for Downtown Business Improvement District was held on August 15 th to discuss Levy Assessment and downtown improvements.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following City Council action, a public hearing will be scheduled on October 13, 2025 to consider approving the levy assessment on businesses located within the CDRA boundaries for FY2025-26.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Item 17
Attachments:

1. Attachment A – Resolution

2. Attachment B – Annual Report of the CDRA for Fiscal Year 2025-26

3. Attachment C – Boundary Map

4. Attachment D – Legal Description of Boundary

5. Attachment E – Method of Calculating Assessment

6. Attachment F – Ceres Downtown Revitalization Area Proposed FY 2025-26 Budget

7. Attachment G – CDRAB PC Staff Report

8. Attachment H – Planning Commission Resolution 2025-01

9. Attachment I – Public Hearing Notice

Item 17

ATTACHMENT A

RESOLUTION NO. 2025-XXX

APPROVING THE ANNUAL REPORT OF THE CERES DOWNTOWN
REVITALIZATION AREA (CDRA) FOR FISCAL YEAR 2025-2026 AND SETTING A PUBLIC HEARING FOR OCTOBER 13, 2025, TO CONSIDER

APPROVING THE LEVY ASSESSMENT FOR CDRA ACTIVITIES AND

PROJECTS

THE CITY COUNCIL
City of Ceres

WHEREAS, the Ceres Downtown Revitalization Area Board has duly prepared and filed with the City Clerk of the City of Ceres its Annual Report for the 2025-2026 Fiscal Year, which report was approved on August 18, 2025, at a public meeting of the Ceres Downtown Revitalization Board; and

WHEREAS, the City Council of the City of Ceres has reviewed said report, including the proposed assessments to be made for the 2025-2026 Fiscal Year, and finds said report to be in the best interest of the citizens of the City of Ceres.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres, California, as follows:

1) The Annual Report of the Ceres Downtown Revitalization Area Board for FY 2025-2026, a copy of which is on file in the Office of the City Clerk of the City of Ceres, is hereby approved;

2) The City Council of the City of Ceres does hereby declare its intention to levy and collect the assessments within the said Ceres Downtown Revitalization Area for the 2025-2026 fiscal year as set forth in the Annual Report of the Ceres Downtown Revitalization Area Board;

3) The Ceres Downtown Revitalization Area is generally located in the downtown Ceres area and bounded by State Highway 99, Sixth Street, and Magnolia Street;

4) The proposed improvements and activities for the Ceres Downtown Revitalization Area for the 2025-2026 fiscal year generally include the provision of electricity to streetlights, maintenance of street trees and landscaping, proposed matching funds for the downtown façade improvement program, and a proposed downtown incentive program;

5) The City Council does hereby refer and incorporate herein by reference the Annual Report of the Ceres Downtown Revitalization Area Board for the 20 25- 26 Fiscal Year for a more full and detailed description of the improvements and activities to be provided during the 2025-26 Fiscal Year, the boundaries of the area subject to assessments, and the proposed assessments to be levied upon Item 17

businesses within the area for said Fiscal Year, a copy of which is on file in the Office of the City Clerk of the City of Ceres;

6) A public hearing is hereby set for Monday, October 13, at 6:00 pm, or as soon thereafter as practical, in the City Council Chambers of the City of Ceres located at 2701 Fourth Street, Ceres, California, for the purpose of considering the proposed levy of assessments to be made upon businesses located within the Ceres Downtown Revitalization Area for the 2025-26 Fiscal Year;

7) At said public hearing, written and oral protests may be made. The form and manner of said protests shall comply with Sections 36524 and 36525 of the Streets and Highways Code of the State of California.

BE IT FURTHER RESOLVED that the Clerk of the City of Ceres shall give notice of said public hearing by publication in the Ceres Courier, a newspaper of general circulation in the City of Ceres not less than seven (7) days prior to said public hearing and by mailing a notice of said public hearing to the businesses located within the boundaries of the Ceres Downtown Revitalization Area.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

__________________________
Javier Lopez, Mayor

ATTEST:

__________________________
Fallon Martin, City Clerk

Item 17

ATTACHMENT B

CERES DOWNTOWN REVITALIZATION AREA BOARD
FISCAL YEAR 2025-2026 ANNUAL REPORT

CERES DOWNTOWN REVITALIZATION BOARD

The Ceres downtown Revitalization Area Board (CDRAB) was formed by the City Council on January 23, 1989, to assist business owners, merchants and landowners with the revitalization and promotion of Downtown Ceres.

BOUNDARIES

The boundaries for the Ceres Downtown Revitalization Area are reflected in Exhibit A and described with the attached legal description, Exhibit B. These boundaries generally include the area between 6 th Street to the east, Pine Street to the south, El Camino Avenue to the west and include south -facing properties on Magnolia Street from El Camino Avenue, east to 6 th Street. This area covers approximately ten (10) city blocks and approximately fifty (50) businesses.

IMPROVEMENTS AND ACTIVITIES TO BE PROPOSED FOR FISCAL YEAR 2025-26

The revenue generated from assessments will be used to fund the maintenance of tree grates, landscaping, sidewalks, and the payment of electricity for streetlights. It will also contribute to the potential downtown facade improvement program and the development of a new downtown incentive program. The details of the new program will be determined and presented to the board and City Council.

ESTIMATE OF THE COST OF PROVIDING THE IMPROVEMENTS AND ACTIVITIES FOR FISCAL YEAR 2025-2026

The proposed CDRAB budget for Fiscal Year 2025-2026 is approximately $25,216 which funds landscape maintenance, electricity, office supplies and advertising.

SURPLUS OR DEFICIT REVENUES TO BE CARRIED OVER FORM PRIOR FISCAL YEARS

The Ceres Downtown Revitalization Area Board creates a separate stand -alone budget each year. Any unexpended funds from this or prior fiscal years will be returned to the fund balance. All projects and activities proposed to be funded during the upcoming year shall be included in each proposed budget approved by the City Council annually.

METHOD AND BASE OF LEVYING ASSESSMENT

The assessment for Fiscal Year 202 5-2026 will replicate the parking and business improvement district assessment as outlined in Exhibit C.

Item 17

ATTACHMENT B

EXISTING POLICY

The City Council of the City adopted an ordinance, Chapter 3.36 of the City of Ceres Municipal Code, establishing a downtown parking and improvement area pursuant to the provisions of the Parking and Business Improvement Area Law of 1979. The area was designated as the “Ceres Downtown Revitalization Area” (Ord. 88-708, 1988)

Item 17

ATTACHMENT C

Item 17
Item 17

ATTACHMENT D

CERES DOWNTOWN REVITALIZATION AREA
Legal Description

All that certain real property situated in a portion of the Southeast ¼ of Section 14, Township 4 South, Range 9, Mount Diablo Base and Meridian, City of Ceres, County of Stanislaus, State of California described as follows:

BEGINNING at the Northwest corner of Lot 13, Block 22, of the CITY OF CERES, as shown on the map file din Volume 11 of maps at page 1, Stanislaus County Records, thence Northerly along the prolongation of the West line of said Lot 13, a distance of 15’ +/- to the true point of beginning; thence Easterly along a line which is 150’ North of the parallel to the centerline of Magnolia Street a distance of 1995’ +/- to the centerline of Sixth Street; thence South along the centerline of Sixth Street a distance of 1840’ +/- to the centerline intersection of Park Street; thence West along the center line of Park Street and its prolongation a distance of 500’ +/- to appoint on the Southerly prolongation of the Westerly right of way line of El Camino Avenue; thence Northwesterly along the Westerly right of way line of El Camino Avenue and its prolongation a distance of 2200’ +/- to a point on the Southerly prolongation of the West property line of said Lot 13; thence North along the West line of said Lot 13 and its prolongation a distance of 210’ +/- to the true point of beginning.

Adopted by the Ceres City Council August 8, 1988 (resolution 88-156)

Item 17
Item 17

ATTACHMENT E

CERES DOWNTOWN REVITALIZATION AREA

METHOD OF CALCULATING ASSESSMENT

1 Business with gross receipts of less than
$50,000.00 per quarter
$10.00 per month
2 Businesses with gross receipts of $50,000.00
or more per quarter
$ 25.00 per month
3 Businesses with gross receipts of
$200,000.00 or more per quarter
$ 25.00 per month PLUS
one mil (.001) on all gross
receipts over $200.000.00
per quarter
4 Membership fee for banks and savings and
loans
$500.00 per year
5 Gasoline service stations with gasoline sales
of $ 800,000.00 or more per year
$500.00 per year PLUS
$25.00 per month
6 Residential 0.00
7 Home occupation permits Same as #1,2,3 and 4

The aggregate or combined receipts shall be used for all businesses owned by the same party or parties and that are located at the same address.

Item 17
Item 17

ATTACHMENT F
Ceres Downtown Revitalization Area Board
Proposed 2025-26 Budget

Revenue
Projected Revenues $ 10,000

Expenditure
Proposed Department Expenditures $25,216
• Electricity and Gas $1216 • Advertising $0 • Contract Services
a. CDRA landscape services
b. Extra banner rotation
c. Lights on downtown trees
d. Promotional banner rotations

$24,000
$0.0
$0.0
$0.0
• Office Supplies $0.0 • Way Finding Signs HOLD
• Downtown Incentive Program HOLD
• Façade Renovation HOLD

Total Proposed Expenditure 2025-2026 $ 25,216.00
Total Projected 2025-26 (Assessment Revenue) $ 10,000.00 (estimate) Total Projected 2025-26 (Budget Deficit) $ 15,216.00

~ CDRAB Ending Balance 2024-2025
$ 34,456.52

Item 17
Item 17

ATTACHMENT G

MEETING DATE: August 18, 2025

SUBJECT: Ceres Downtown Revitalization Area (CDRAB) FY2025-2026 ANNUAL REPORT

FROM: Julian Aguirre, Redevelopment and Economic
Development Manager.

BACKGROUND

The Ceres Downtown Revitalization Area (CDRAB) was established in 1989 under the California Streets and Highways Code Section 36500 as a Parking and Business improvement District to levy assessments on downtown businesses to fund activities that benefit the downtown revitalization area, including general maintenance and promotional activities.

The rules and regulations for operating a Parking and Business Improvement District (PBID) are established in the California Streets and Highways Code Section 36500.

Section 36501(C) of the same code states:

The legislature also finds that it is of particular local benefit to allow cities to fund property related to improvements and activities through the levy of assessments upon the businesses which benefit from those improvements and activities.

Under Municipal Code Section 3.08.030, revenues generated by the assessment on businesses located in the Downtown Revitalization Area are used to fund programs and activities that benefit businesses located in the district. The Ceres Downtown Revitalization Area utilizes the revenue generated by the assessments for general maintenance of the district, electricity payments for downtown streetlights, tree lighting, and landscape maintenance. Municipal Code Section 3.08.070 provides that the City Manager shal l have sole discretion to expend CDRAB revenues for those activities, projects and programs included in the Annual Plan.

DISCUSSION

The Annual report for FY 2025-2026 is attached to this report for your review and includes a map of the CDRAB boundaries (Exhibit A), legal description of the CDRAB area, and

City of Ceres Planning Commission

STAFF REPORT & RECOMMENDATION
Item 17

ATTACHMENT G

the method for calculating the individual business assessments. The levy and assessments for the CDRAB have not been increased since the PBID was created in 1989, and staff is proposing that the assessment for FY 2 5-26 be reinstated and remain the same as FY 23-24, which is outlined in the attached Exhibit C.

Proposed expenditures in FY 2025-26 are outlined in Exhibit “F” and includes estimated levy assessment and standard district landscape maintenance activities and the utility bills for Downtown streetlights. This proposed budget continues to reflect more austere plans for CDRA activities, based on a more reflective approach to the reduced revenue from actual assessments, an action the Board initiated in FY 2016-17.

The proposed budget also retains the expenditure category that was added to the budget four years ago, following input from the CDRAB resulting from public meetings and workshops held in 2014 with the property owners and representatives from the Chamber of Commerce. This category will continue to serve as a place-holder for the potential new activities that may include a Ceres Downtown Façade Improvement program and a potential downtown incentive program. These collective recommended budget categories are identified as a positive effort to increase foot traffic downtown and enhance the overall shopping experience. Further, considering the significant impact to the small businesses in downtown Ceres, the City’s anticipated recovery may provide an opportunity to consider formal measures envisioned in some type of “incentive” program.

For FY20 5-26, th e budget accompanying the CDRA Annual Report identifies expenditures in the amount of $2 5,216.00. The proposed revenue from quarterly assessments paid by the downtown merchant members expected in FY2025-26 including interest, is projected to be approximately $ 10,0000. Full expenditure of the budget requires coverage in the amount of $ 15,216 from the approximate $ 34,456.52 CDRA reserve funds as of June 30, 2025.

With no levy of assessments received for year 2 4-25, the CDRAB budget continues to spend down from the reserves. Staff have Identified several new businesses that have opened or will be opening in the near future, along with business in the BID that had never been notified of their requirements and the City of Ceres will be holding quarterly community meeting to advise the Downtown Business of their requirements in hopes to increase the quarterly revenue.

Budget worksheets have been prepared to assist the Board, which are attached as Exhibits “D” ( Budget FY25-26) and “F” (Proposed Budget FY25-26)

RECOMMENDED ACTION

Review the Annual Report and Adopt Planning Commission Resolution 202 5-xx (CDRAB) Accepting the Annual Report of the Ceres Downtown Revitalization Area Board for the FY2025-26 and recommending that the City Council Approve the Report and set a Public Hearing to Consider a Levy of the Proposed Assessments for FY25-26.

Item 17

ATTACHMENT G

ATTACHEMENTS

• Ceres Downtown Revitalization Area Board (CDRAB) Resolution 2025-xx • Annual Report of the Ceres Downtown Revitalization Area • Exhibit A – Boundary Map
• Exhibit B – Legal Description
• Exhibit C- Method of Calculating Assessment
• Exhibit D- CDRAB 2025-26 Budget
• Exhibit E- CDRAB 2024-25 Adopted Budget Summary
• Exhibit F- CDRAB 2025-26 Annual Budget Proposal

Item 17
Item 17

ATTACHMENT H
Item 17
Item 17

ATTACHMENT I
{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 Monday, September 8, 2025, at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to Establishing the Annual Assessment Levy for the 2025-26 Fiscal Year on the businesses in the Downtown Area defined in the Ceres Downtown Revitalization Area Board (CDRAB) Annual Report for the activities and programs of the Ceres Downtown Revitalization Area Board for Fiscal Year 202 5-2026.

The proposed assessment for the 202 5-2026 Fiscal Year is the same levy approved in FY 2023-2024, and that no increase is proposed.

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

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.

/s/ Fallon Martin, City Clerk

Date Notice Posted: August 27, 2025

Item 17
Item 17

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: September 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Trenton Johnson, Police Chief
[email protected], (209) 538-5725
SUBJECT: Resolution 202 5-XXX Accepting the 202 4-25 Military Equipment Annual Report and Approving the Military Equipment Funding, Acquisition and Use Policy
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council accept the 2024-25 Military Equipment Annual Report and approve the Military Equipment Funding, Acquisition and Use Policy.

I. BACKGROUND:

On September 30, 2021, Assembly Bill 481 (“AB 481”) required law enforcement agencies to adopt a Military Equipment Use Policy (“Policy”), by ordinance. The Ceres Police Department complied with AB 481 and the City Council adopted Ordinance No. 2022- 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 addition, AB 481 requires the Department to post the Report on its website thirty (30) days prior to the date of the Council Meeting when the Report will be reviewed and open for public comment.

Item 18
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 annu al report complies with policy and meets specified standards as set forth in California Government Code Section 7071, subdivision (d).

II. REASONS FOR RECOMMENDATION:

AB 481 was introduced to increase transparency and accountability for the funding, acquisition and use of military equipment by state and local law enforcement agencies.

AB 481 requires the City Council to annually review this Report and renew Ordinance 22- 1073.

In accordance with the annual requirements set forth in AB 481, the Department has completed the 2024-25 Military Equipment Annual Report and Inventory List (Exhibit A).

The Report was posted on the Home Page of the Department’s website on June 2, 2025 for public review.

III. FISCAL IMPACTS:

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

Renewal of this Ordinance fulfills the strategic plan for Government Operations: “Provide quality services to meet community needs, assuring that the City has…well trained and properly equipped…staff.”
V. POLICY ALTERNATIVES:

Council could choose to not accept the 2024-25 Military Equipment Annual Report and approve the Military Equipment Funding, Acquisition and Use Policy. The Department would no longer be in compliance with the State of California.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
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 2024-25 Military Equipment Annual Report will be posted on the Department’s website in the following location: Departments & Units/Professional Standards/Policies, Training and Manuals.

Item 18

Approved by: ______________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – 2024-25 Military Equipment Annual Report

3. Attachment C – Ordinance 22-1073

4. Attachment D – Military Equipment Policy

5. Attachment E – Assembly Bill 481

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Item 18

ATTACHMENT A

RESOLUTION NO. 2025-XXX

ACCEPTING THE 2024-25 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; and

WHEREAS, 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 ann ual 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 2024-25 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 2024-25 Military Equipment Annual Report and approves the Military Equipment Funding, Acquisition and Use Policy.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
Item 18
Item 18

ATTACHMENT B

Ceres Police Department
Annual Military Equipment Report
(June 2024 to May 2025)
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.

Item 18

ATTACHMENT B
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)
DJI Mavic 3T 1 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) Hornady 6.5 140 grain CX 2780 rounds 7070 (c)(10)
Hornady 6.5 147 grain ELD TAP 2980 rounds 7070 (c)(10)
Item 18

ATTACHMENT B

5. Distraction Devices

Item Quantity Owned Government Code
Subsection
Defense Technology, 8922, 1089841 low roll
distraction device
72 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 18 7070 (c)(12) Defense Technology 1062 1012502 Smoke 31 7070 (c)(12)
Defense Technology 1030 1177120 Flameless Tri-
Chamber OC
20 7070 (c)(12)
Defense Technology 1032 1012473 Flameless Tri-
Chamber CS
37 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)

9. Command and Control Vehicle

Item Quantity Owned Government Code
Subsection
2023 Ford Transit Van 150 XL 1 7070 (c)(5)

Item 18

ATTACHMENT B
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(1)
Unmanned Aircraft System (UAS)
Description: An unmanned aircraft along with the associated equipment necessary to control it remotely.

Capabilities: Unmanned Aircraft Systems are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Expected Lifespan: Five to seven years
Manufacturer’s
Description:

Matrice 300: The DJI Matrice 300 is a powerful, industrial -grade flight platform with world-class agility and speed. The M300 has a flight time of 55 minutes without a payload and 45 minutes with one payload (one external camera). It is equipped with an anti-collision strobe beacon and has ADS -B for sensing nearby air traffic. It has full six -way directional sensing and positioning. It has a IP45 weather resistant rating. The M300 has both pinpoint and smart track modes. It is equipped with a distance finder. The M300 RTK’s mechanical design, along with quick release landing gears and mounted folding arms makes it easy to transport, store and prepare for flight.

Mavic II Enterprise: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24 -48 mm2x 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 airspac e, 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 18

ATTACHMENT B
DJI Mavic 3T: The DJI Mavic 3T is a versatile enterprise drone designed for various applications, including public safety, inspections, and security. It features a high-resolution thermal camera alongside a 12MP tele-camera and a 48MP wide angle camera for comprehensi ve aerial data collection. The Mavic 3T boasts omnidirectional obstacle sensing, advanced RTH (Return to Home) capabilities, and DJI’s O3 Enterprise Transmission for reliable communication and control.

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
Mavic 3T: $8,200.00 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 24 times during 2024-25 for surveillance during SWAT missions, to assist the Fire Department during active fires, and to locate suspects who had evaded police.

Item 18

ATTACHMENT B
Purpose(s)/Authorized
Use:

Unmanned Aerial Systems and robots may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective.

They enhance the safety of potentially dangerous situations by providing first responders with the ability to monitor video feed from UAV cameras of hazardous areas prior to, or in lieu of, sending in personnel.

Any use of CPD Unmanned Aerial Systems will be for official law enforcement purposes, and in a manner that respects the privacy of our community.

Uses may include but are not limited to
i. Search and rescue
ii. Suspect apprehension
iii. Crime scene documentation
iv. Tactical operations
v. Scene security
vi. Hazard monitoring
vii. Identification and mitigation
viii. Response to emergency calls
ix. Crisis communications
x. Legally authorized surveillance
Complaints or Concerns: The CPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Unmanned Aircraft Systems. There were no violations of the military equipment use policy.

Total Annual Costs and
Funding:

Repairs & Maintenance: $1,500.00
26210.028600 – Non-Automotive Repairs – Measure H Funds Quantity: Matrice 300: 1
Mavic II Enterprise: 3
Mavic Mini 2: 1
Mavic Mini: 4
Mavic 3T: 1
Intention to acquire more: No
Item 18

ATTACHMENT B
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 6 times during 2024-25 during SWAT missions to locate explosive devices and 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 any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Robot. There were no violations of the military equipment use policy.

Item 18

ATTACHMENT B
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 18

ATTACHMENT B
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 8 times during 2024-25 during SWAT missions. None 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 any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Armored Vehicle. There were no violations of the military equipment use policy.

Total Annual Costs and
Funding:

Annual Maintenance: $1,500.00
10020.028200 – Fleet Automotive Repair – General Fund
Quantity: 1
Intention to acquire more: No

Item 18

ATTACHMENT B
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 buttstock. It has a 16” 4150 chrome -moly steel barrel. It has a birdcage style muzzle to reduce flash signature. It is chambered for 5.56 NATO ammunition and weighs approximately 6 pounds.

Daniel Defense DD5V4: The DD5V4 is a semi-automatic rifle chambered for 6.5 Creedmoor ammunition.

Item 18

ATTACHMENT B
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 2024-25 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 18

ATTACHMENT B
Purpose(s)/Authorized
Use:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun. The use and deployment of the rifle falls under Lexipol policy 312 and 408 and 433. Only Officers who have attended the POST certified patrol rifle course may deploy the rifle.

Complaints or Concerns: The CPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Rifles and Rounds of ammunition. There were no violations of the military equipment use policy.

Total Annual Costs and
Funding:

Ammunition: $29,000.00.
10010.031600 – Police Ammunition – General Fund
26210.031600 – Police Ammunition – Measure H Funds

New Rifles: $2,500.00
26210.039900 – 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
Hornady 6.5 140 grain CX: 2780 rounds
Hornady 6.5 147 grain ELD TAP: 2980 rounds
Intention to acquire more: Yes - $2,500.00 for new Rifles $25,000.00 for ammunition

Item 18

ATTACHMENT B
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 9 times during 2024-25 during SWAT missions.

Purpose(s)/Authorized
Use:

Distraction devices are ideal for distracting dangerous suspects to allow tactical teams to complete a dangerous mission or task. Distraction devices shall only be used by officers trained in the proper use and deployment.

Diversionary Devices shall only be used:
i. By officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety.
v. During training exercises.

Complaints or Concerns: The CPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Distraction Devices. There were no violations of the military equipment use policy.

Total Annual Costs and
Funding:

No Annual Cost projected for 2025-26. Additional Distraction Devices are not needed and were not budgeted.

Quantity: 72
Intention to acquire more: No

Item 18

ATTACHMENT B
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 zero times during 2024-25 during SWAT missions.

The Remington Breaching Shotgun was not used during 2024-25.

Purpose(s)/Authorized
Use:

To safely create a positive breach and enter a structure. Kinetic and shotgun breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.

Complaints or Concerns: The CPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Explosive Breaching Tools. There were no violations of the military equipment use policy.

Total Annual Costs and
Funding:

No additional training is required at this time. Team members are fully trained.

Additional Breaching Tools are not needed and were not budgeted for 2025-26.

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 18

ATTACHMENT B
Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(12)
Chemical Agents
Description: Canisters that contain Oleoresin Capsicum (OC) and 2-chlorobenzylidene malononitrile (CS) chemical agents that are released when deployed.

Capabilities: See Manufacturer’s Description
Expected Lifespan: 5 years from date of manufacture
Manufacturer’s
Description:

Defense Technology 1050 1012500 Aerosol OC/CS: This device is designed for indoor use. It does not contain CFCs and is not a fire hazard.

It needs minimal decontamination by comparison to smoke, powders, or liquids. It is most effective when used in confined areas and close to the target area. This device is used to minimize the risk to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. The aerosol device is ideal for cell extractions or barricades situations where the use of pyrotechnic, powder, or liquid devices is not practical or desired. The OC and CS combination provide sufficient effects in confined areas of up to 1,500 square feet.

Defense Technology 1062 1012502 Smoke: This device is designed for outdoor use. It has a high-volume continuous burn that expels its payload in approximately 30 -40 seconds through four gas ports. This device can be used to conceal tactical movements or to route a crowd.

The volume of smoke and agent is vast and obtrusive.

Defense Technology 1030 1177120 Flameless Tri-Chamber OC: This device is a flameless pyrotechnic grenade which combines the effectiveness of OC as an incapacitating agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions. This device can be used in crowd control and barricade situations as a less lethal solution to incapacitate subjects through temporary discomfort, while reducing or negating the chance of fire to structures.

Defense Technology 1032 1012473 Flameless Tri-Chamber CS: This device is a flameless pyrotechnic grenade which combines the effectiveness of CS as an incapacitating agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions. This device can be used in crowd control and barricade situations as a less lethal solution to incapacitate subjects through temporary discomfort, while reducing or negating the chance of fire to structures.

Initial Cost: Defense Technology 1050 1012500 Aerosol OC/CS: $60.15 each Defense Technology 1050 1012500 Smoke OC/CS: $50.70 each Defense Technology 1030 1177120 Flameless Tri-Chamber OC: $49.00 each
Defense Technology 1032 1012473 Flameless Tri-Chamber CS: $46.25 each
Legal and Procedural: It is the policy of the CPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Required Training: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents’ instructors.

Other Notes: None
Item 18

ATTACHMENT B
Government Code Section § 7072 Annual Report Requirement:

Summary of How the
Military Equipment was
Used:

There were no Chemical Agents used during 2024-25.

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 any 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 2025-26. Additional Chemical Agents are not needed and were not budgeted.

Quantity: Defense Technology 1050 1012500 Aerosol OC/CS: 18 Defense Technology 1050 1012500 Smoke OC/CS: 31
Defense Technology 1030 1177120 Flameless Tri-Chamber OC: 20 Defense Technology 1032 1012473 Flameless Tri-Chamber CS: 37 Intention to acquire more: No

Item 18

ATTACHMENT B
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 18

ATTACHMENT B
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 windows, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.

40mm Ferret Barricade round OC (2290) (10): This Ferret 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 windows, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.

Initial Cost: 40mm LMT tactical single launcher: $1,000.00 each 40mm multi launcher Penn Arms: $3,146.00 each
40mm eXact impact standard range sponge round (6325): $28.65 each 40mm eXact impact extended range sponge round(6325LE): $30.80 each 40mm Direct Impact OC Crushable Foam round (6320): $31.90 each 40mm Ferret barricade round CS (2292): $27.85 each
40mm Ferret barricade round OC (2290): $28.65 each
Legal and Procedural: It is the policy of CPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Required Training: Sworn members utilizing 40mm launchers are certified by POST instructors.

Other Notes: None
Government Code Section § 7072 Annual Report Requirement:

Summary of How the
Military Equipment was
Used:

A 40mm Launcher was used 8 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 any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the 40mm launchers and rounds. There were no violations of the military equipment use policy.

Total Annual Costs and
Funding:

Less Lethal Ammunition - $12,000.00
26210.031600 – Ammunition – Measure H Funds

Item 18

ATTACHMENT B
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 - $12,000.00 for Less Lethal 40mm Ammunition

Item 18

ATTACHMENT B

Qualifying Equipment Owned by the Ceres Police Department Government Code § 7070 (c)(5)
Command and Control Vehicle
Description: Mobile Command Vehicle used during critical incidents as a field-based command post, providing Incident Commanders with access to Department computer systems and radio communications.

Capabilities: The Mobile Command Vehicle is utilized for SWAT/CNT and other critical incidents, significant, preplanned events, searching for missing persons, natural disasters, and community events in which SWAT is involved.

Expected Lifespan: 15 years
Manufacturer’s
Description:
2023 White Ford Transit Van 150 XL

Initial Cost: $125,000.00 including customization. Paid out of ARPA Funds.

Legal and Procedural: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Required Training: None
Other Notes: None
Government Code Section § 7072 Annual Report Requirement:

Summary of How the
Military Equipment was
Used:

The Mobile Command Center was used 8 times during 2024-25 during SWAT missions.

Purpose(s)/Authorized
Use:

Used for critical incidents based on the circumstances of a specific event, large event, or natural disaster to effectively and efficiently serve the community.

Only personnel trained in the use and deployment of the Mobile Command Vehicle, shall drive the vehicle under the direction of the Special Operations Lieutenant or their designee.

Situations where the Mobile Command Vehicle may be deployed include, but are not limited to, critical incidents, natural disasters, and emergencies.

Complaints or Concerns: The CPD did not receive any complaints or concerns regarding this military equipment.

Audits, Violations, Actions: The CPD conducted an audit of the equipment and accounted for the Mobile Command Center. There were no violations of the military equipment use policy.

Total Annual Costs and
Funding:

Annual Maintenance: $2,500.00
10020.028200 – Fleet Automotive Repair – General Fund
Quantity: 1
Intention to acquire more: No

Item 18
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 18
Sections:

9.22.010 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.

8. 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.

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 7070, subdivision (d)(1).

D. The proposed military equipment use policy is found within Ceres Police Department Policy and Procedural manual.

E. Ceres Police Department Policy was published on the Ceres Police Department's internet website on September 21, 2022. In addition, the Ceres Police Department, Military Equipment Use Policy was presented to City Council on October 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 Determinations.

Based on the findings above, in addition to the information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the Ceres Police Department, Military Equipment Use Policy, is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. Ceres Police Department, Military Equipment Use Policy, will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in the Ceres Police Department, Military Equipment Use Policy, is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Ceres Police Department, Military Equipment Use Policy, is approved and adopted.

ICWI 13760.2) Ordinance No. 2022-1073; Page 2 of 3

ATTACHMENT C
Item 18
SECTION 2. SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 3. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.

SECTION 4. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a regular meeting of the City Council held on the 24th day of October 2022, and passed and adopted as Ordinance No. 2022-1073 at a regular meeting of City Council held on the 14th day of November, 2022 by the following vote:

AVES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Councilmembers: Casey, Kline, Silveira and Mayor Lopez
Councilmembers: None
Councilmembers: None
Councilmembers: Np
��
Fallon Martin, City Clerk
APPROVED AS TO FORM:
(CWI 13760 2) Ordinance No.2022-1073; Page 3 of 3

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.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • 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

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.

ATTACHMENT D
Item 18
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 18
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.

ATTACHMENT E
Item 18
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.

ATTACHMENT E
Item 18
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.

ATTACHMENT E
Item 18
Item 18

Ceres City CouncilSeptember 8, 2025

Ceres City Council
September 8, 2025