Tracy City Council
September 6, 2022

RESOLVED: That

1. Recital
s Correct. The City Council hereby finds the foregoing recitals are true and correct and adopts them as findings herein

2. Unanimous
Approvals. The City Council hereby confirms it has received the Unanimous Approvals specifying and approving the annexation of the Annexation Property as Improvement Area No. 2 and approving other related matters.

3. Annexation Property.

In furtherance of the Resolution of Formation and the Resolution of Change, and in conformance with the Mello-Roos Act, the City Council hereby approves the annexation of the Annexation Property to the CFD as a Future Improvement Area and designates such Future Improvement Area as “Improvement Area No. 2 of the City of Tracy Community Facilities District No. 2016-1 (Tracy
Hills)”.

4. Maximum Principal Amount of Bonded Indebtedness and Other Debt. The City Council hereby approves the maximum aggregate principal amount of bonds and other debt for Improvement Area No. 2 of $50,000,000 , as specified and approved by a vote of the qualified electors in Improvement Area No. 2 pursuant to the Unanimous Approvals. The City Council hereby confirms that, as a result of subtracting such amount from the remaining Non-Improvement Area No.
1 Indebtedness Limit, the Non-Improvement Area No. 1 Indebtedness Limit shall be $255,00,000.

5. Improvement Area No. 2 Rate and Method. The City Council hereby approves the rate and method of apportionment of the Special Tax among the parcels of real property within Improvement Area No. 2, as specified and approved by a vote of the qualified electors in Improvement Area No. 2 pursuant to the Unanimous Approvals, and the Improvement Area No. 2 Rate and Method is set forth in the attached Exhibit A.

6. Improvement Area No. 2 Appropriations. Limit. The City Council approves the $50,000,000
annual appropriations limit of Improvement Area No. 2, as defined by subdivision (h) of Section
8 of Article XIII B of the California Constitution, as specified and approved by a vote of the qualified electors in
Improvement Area No. 2 pursuant to the Unanimous Approvals.

7. Clerk Actions. The City Council hereby directs the City Clerk to record notice of the annexation pursuant to Section 3117.5 of the California Streets and Highways Code and further directs the City Clerk to record a map prepared by the owners of the Annexation Property showing the
Annexation Property designated as Improvement Area No. 2 in conformance with Section 3110.5 of the California Streets and Highways Code, which map is set forth in Exhibit B atta
ched hereto and hereby incorporated herein

8. Effective Date. This Resolution shall take effect upon its adoption. * * * * * * * *
Resolution 2022-___

The foregoing Resolution ___________ was passed and adopted by the Tracy City Council the
__ day of _________ 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YO
UNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

Resolution 2022-__

EXHIBIT A
IMPR
OVEMENT AREA NO. 2 RATE AND METHOD
IMPROVEMENT AREA NO. 2 OF THE

CITY OF TRACY
COMMUNITY FACILITIES DISTRICT NO. 2016-1
(TRACY HILLS)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
Special Taxes applicable to each Assessor’s Parcel in Improvement Area No. 2 of the City of Tracy Community Facilities District No. 2016-1 (Tracy Hills) shall be levied and collected according to the tax liability determined by the City through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in Improvement Area No. 2, unless exempted by law or by the provisions of Section G below, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The t
erms hereinafter set forth have the following meanings:
“Acces
sory Unit” means a second residential unit of limited size (e.g., granny cottage, second unit) that shares a Parcel with a single-family detached unit. “Acre” or
“Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other parcel map recorded at the County Recorder’s Office. “Act
” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Division 2 of Title 5 of the Government Code of the State of California.
“Adm
inistrative Expenses” means any or all of the following: the fees and expenses of any fiscal agent or trustee (including any fees or expenses of its counsel) employed in connection with any Bonds, and the expenses of the City in carrying out its duties with respect to the CFD and the Bonds, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its legal c ounsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Taxes and this RMA, costs of the dissemination agent, whether for the City or another party that has undertaken to provide continuing disclosure, amounts needed to pay rebate to the federal government with respect to the Bonds, costs associated with complying with any continuing disclosure requirements with respect to the Bonds and the Special Taxes, costs associated with foreclosure and collection of delinquent Special Taxes and all other costs and expenses of the City and County in any way related to the establishment or administration of the CFD.

Resolution 2022-__

“Administrator” means the pers on or firm designated by the City to administer the Special Taxes according to this RMA.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Par cel Map with an a
ssigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official ma p of the County Assessor designating Parcels by Assessor’s Parcel number.
“Authorized Facilities” means the publi c facilities authorized to be financed, in whole or in part, by the CF
D.
“Authorized Services” means the public services authorized to be funded, in whole or in part, by the CF
D.
“Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, is sued or assumed by Improvement Area No. 2 to fund Authorized Facilities. “Capitalized Interest” means funds in any capitalized interest account available to pay interest on Bonds
.
“CFD” means the City of Tracy Com munity F acilities District No. 2016-1 (Tracy Hills). “City” means the City of T racy.
“C
ity Council” means the City Council of the City of Tracy. “County” means the County of San Joaquin.
“Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property, excluding Taxable HOA Property, Taxable Welfare Exemption Property, and Taxable Public Property, for whi
ch a building permit was issued prior to June 30 of the preceding Fiscal Year. “Development Class” means, individually, Developed Property, Undeveloped Property, Taxable HO
A Property, Taxable Welfare Exemption Property, and Taxable Public Property. “Escalation Factor” means, in any Fiscal Year, the lesser of (i) the percentage increase from the pri
or Fiscal Year, if any, in the Index, or (ii) four percent (4%). The Index used shall be as det
ermined by the Bureau of Labor Statistics from April to April beginning with the period from Apr
il 2022 to April 2023.

Resolution 2022-__

“Expected Land Uses” means the number of Residential Units and acres of Other Proper ty expected within Improvement Area No. 2 at the time of the IA No. 2 Lien Date, as identified in Attachment 1 and as amended from time to time as set forth in this RMA. “Ex
pected Maximum Facilities Special Tax Revenues” means the amount of annual revenue that would be available in Improvement Area No. 2 if the Maximum Facilities Special Tax was levied on the Expected Land Uses. The Expected Maximum Facilities Special Tax Revenues as of the IA No. 2 Lien Date are shown in Attachment 1 of this RMA and may be reduced due to prepayments in future Fiscal Years and/or pursuant to Section D below. “Fa
cilities Special Tax” means a special tax levied in any Fiscal Year to pay the Facilities Special Tax Requirement.
“Facilities Special Tax Requirement” means the amount necessary in any Fiscal Year (i) to pay principal and interest on Bonds which are due in the calendar year which begins in such Fiscal Year, (ii) to create or replenish reserve funds to the extent such replenishment has not been included in a computation of Facilities Special Tax Requirement in a previous Fiscal Year, (iii) to cure any delinquencies in the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year, (iv) to pay Administrative Expenses, and (v) to pay the costs of Authorized Facilities to be funded directly from Facilities Special Tax proceeds to the extent that paying directly for such costs does not increase the Facilities Special Tax levied on Undeveloped Property.

The amounts referred to in clauses ( i) and (ii) of the preceding sentence may be reduced in any Fiscal Year by (i) interest earnings on or surplus balances in funds and accounts for Bonds to the extent that such earnings or balances are available to apply against debt service pursuant to the Indenture, (ii) proceeds from the collection of penalties associated with delinquent Facilities Special Taxes, and (iii) any other revenues available to pay debt service on the Bonds as determined by the Administrator.
“Fin
al Bond Sale” means, at any point in time, the last series of Bonds issued for Improvement Area No. 2, which issuance uses up virtually all of the remaining capacity available from the Maximum Facilities Special Tax revenues that can be generated within Improvement Area No. 2, as determined by the City. If additional Bonds are expected to be issued after outstanding Bonds retire, the “Final Bond Sale” may not be the last series of Bonds ever issued for Improvement Area No. 2, but instead the last sale of Bonds that can be issued before some or all of the outstanding Bonds retire.
“Fin
al Map” means a final map, or portion thereof, recorded by the County pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates lots that do not need to be further subdivided prior to issuance of a building permit for a residential structure.

The term “Final Map” shall not include any Assessor’s Parcel map or subdivision map, or portion thereof, that does not create lots that are in their final configuration, including Assessor’s Parcels that are designated as remainder parcels.

Resolution 2022-__

“First Bond Sale” means issuance of the fi rst series of Bonds secured, in whole or in part, by Facilities Special Taxes levied and collected from Parcels in I mprovement Area No. 2. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Homeowners Association” or “HOA” means the homeow ners association that provides services to, and collects dues, fees, or charges from, property within Improvement Area No. 2. “HOA Property” means any property within the boundaries of Improvement Area No. 2 that is owne
d in fee or by easement by the Homeowners Association, not including any such property that
is located directly under a residential structure.
“IA No. 2 Lien Dat e” means the date that the Notice of Special Tax Lien affecting the Parcels in Improvement Area No. 2 was recorded in the official records of the County. “Improvement Area No. 2” means Improvement Area No. 2 of the City of Tracy Com munity Facilities District No. 2016-1 (T racy Hills).
“Improvement Fund” means the acc ount (regardless of its name) identified in the Indenture to hold funds which are available to acquire or construct Authorized Facilities. “Inde
nture” means the bond indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented fr
om time to time, and any instrument replacing or supplementing the same. “Index” means the Consumer P r ice Index of the San F rancisco-Oakland-Hayward area for all ur
ban consumers.
“Land Use Change” means a proposed or approved change to the Expected Land Uses within I
mprovement Area No. 2 after the IA No. 2 Lien D ate.
“Maxi
mum Facilities Special Tax” means the greatest amount of Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year as determined in accordance with Sections C and D
below.
“Maximum Services Special Tax” means the greatest amount of Services Special Tax that can be
levied on an Assessor’s Parcel in any Fiscal Year as determined in accordance with Section C.2 bel
ow.
“Maximum Special Taxes” means, col lectively, t he Maximum Facilities S pecial T ax and Maximum Services Spe cial Tax.
“Other Property” means, in any Fiscal Yea r, all Parcels of De veloped Property within Im
provement Area No. 2 that are not Single Family Residential Property.

Resolution 2022-__

“Proportionately” means, for each Development Class, that the ratio of the actual Special Tax levied
in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is
equal for all Parcels assigned to the Development Class. “Public Property” means any property within the boundaries of Improvement Area No. 2 that is owne
d by the federal government, State of California or other local governments or public agenc
ies.
“Recycled Water Facilities Cost” means the total cost, as determined by the City, of funding the des
ign, engineering, construction, and/or acquisition of recycle d water facilities that will serve development within the CFD. If, in the future, the City determines that there is a preferred alt
ernative to the recycled water facilities that were expected at the time of the IA No. 2 Lien Date, the
cost of such facilit ies shall qualify as Recycled Water Facilities Costs for purposes of this RM
A.
“Remainder Taxes” means, after September 1st and be fore December 31st of any Fiscal Year, any Facilities Special Tax revenues that were levied and collected in the prior Fiscal Year and were not needed to (i) pay debt service on the Bonds that was due in the calendar year in which the Rem
ainder Taxes are being calculated, (ii) replenish Bond reserves, or (iii) pay Administrative Expenses that have been incurred, or are expected to be incurred, by the City prior to the receipt of
additional Facilities Special Tax proceeds.
“Required Coverage” means the amount by which the Ma ximum Facilities Special Tax Re
venues must exceed the Bond debt service and required Administrative Expenses, as set forth in the Indenture, Certificate of Special Tax Consultant, or other formation or bond document that sets forth the minimum required debt service coverage.
“Residential Unit” means an individual single -family unit that does not share a common wall wi
th another residential unit, or an individual residential unit within a duplex, halfplex, triplex, fourplex, townhome, live/work or condominium structure. An Accessory Unit shall not be cons
idered a Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. “Services Special Tax” means a special tax levied in any Fiscal Year to pay the Services Special Tax Requirement.
“Services Special Tax Requirement” means the amount of revenue needed in any Fiscal Year af
ter the Trigger Event to pay for: (i) Authorized Services, (ii) Administrative Expenses, and (iii) am
ounts needed to cure any delinquenc ies in the payment of Services Special Taxes which have occurred in the prior Fiscal Year. In any Fiscal Year, the Services Special Tax Requirement shall be
reduced by surplus amounts available (as determined by the City) from the levy of the Services Resolution 2022-__

Special Tax in prior Fiscal Yea rs, including revenues from the collection of delinquent Se rvices Special Taxes and associated penalties and interest.
“Single Family Residential Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of one or more Residential Units. “Sp
ecial Taxes” means, collectively, the Facilities Special Tax and the Services Special Tax. “Taxable HOA Property” means, in any Fiscal Year after the First Bond Sale, any Parcel of HOA Property that satisfies all three of the following conditions: (i) the Parcel had not been HOA Pr
operty on the date of the First Bond Sale; (ii) based on reference to Attachments 1 and 2 (as may be
updated pursuant to Section D below), the Parcel was not anticipated to be HOA Property based on the Expected Land Uses, as determined by the Administrator; and (iii) if the Parcel were to be exe
mpt from the Facilities Special Tax because it has become HOA Property, the Expected Ma
ximum Facilities Special Tax Revenues would be reduced to a point at which Required Cove
rage could not be maintained.
“Taxable Property” means all Parcels within the boundaries of Improvement Area No. 2 which are not exempt from the Special Taxes pursuant to law or Section G below. “Taxable Public Property ” means, in any Fiscal Year after the First Bond Sale, any Parcel of Public Property that satisfies all three of the following conditions: (i) the Parcel had not been Public Pr
operty on the date of the First Bond Sale, (ii) based on reference to Attachments 1 and 2 (as may be
updated pursuant to Section D.1 below), the Parcel was not anticipated to be Public Property bas
ed on the Expected Land Uses, as determined by the Administrator, and (iii) if the Parcel were to
be exempt from the Facilities Special Tax because it has become Public Property, the Expected Ma
ximum Facilities Special Tax Revenues would be reduced to a point at which Required Cove
rage could not be maintained.
“Taxable Welfare Exemption Property” means in any Fiscal Year after the First Bond Sale, any Par
cel of Welfare Exemption Property that satisfies all three of the fol lowing conditions: (i) the Pa
rcel had not been Welfare Exemption Property on the date of issuance of the First Bond Sale; (ii) based on reference to Attachments 1 and 2 (as may be updated pursuant to Section D herein), the
Parcel was not anticipated to be Welfare Exemption Property based on the Expected Land Us
es, as determined by the Administrator; and (iii) if the Parcel were to be exempt from the Facilities Special Tax because it has become Welfare Exemption Property, the Expected Maximum Facilities Special Tax Revenues would be reduced to a point at which Required Coverage could not be maintained.
“Tentative Map” means any tentative map or ve
sting tentative map for Phase 1B of the Tracy
Hills project, approved by the City Council and as may be amended from time to time. “Tri
gger Event” means, in any Fiscal Year, that, on or before June 30 of the prior Fiscal Year, the
Administrator made a finding that (i) all Bonds secured by the levy and collection of Facilities Resolution 2022-__

Special Taxes in the CFD have been fully repaid, (ii) all Administrative Expenses from prior Fiscal Year
s have been paid or reimbursed to the City, (iii) the Recycled Water Facilities Costs have been ful
ly funded, and (iv) there are no other Authorized Facilities that the City intends to fund with Fa
cilities Special Taxes. In the first Fiscal Year in which the Administrator determines that the Tr
igger Event occurred in the prior Fiscal Year, and in each Fiscal Year thereafter, the Facilities Spe
cial Tax shall cease to be levied, and the Maximum Services Special Tax for each Parcel shall be adjusted pursuant to Section C.2 below.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property that are not Developed Property, Taxable HOA Property, Taxable Welfare Exemption Property, or Taxable Public Property.
“Village” means a specific geographic area within Improvement Area No. 2 that (i) is identified by an assigned number on the Tentative Map, (ii) is expected to have single family lots that are all of
a similar size, and (iii) is assigned Expected Maximum Facilities Special Tax Revenues in At
tachment 1 based on the Expected Land Uses for that Village. “Welfare Exemption Property ” means, in any Fiscal Year, any Parcels in Improvement Area No. 2 that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and T
axation Code and for which such welfare exemption is still in place.

B. DATA FOR ADMINISTRATION OF SP ECIAL TAX
Each
Fiscal Year, the Administrator shall (i) categorize each Parcel of Taxable Property as De
veloped Property, Undeveloped Property, Taxable Public Property, Taxable HOA Property, or Taxable Welfare Exemption Property; (ii) for Single Family Residential P rope rty, determine wi
thin which Village each Parcel of Developed Property is located and the number of Residential Units on the Parcel; and (iii) determine the Facilities Special Tax Requirement and Services Spe
cial Tax Requirement for the Fiscal Year. In addition, the Administrator shall, on an ongoing basi
s, monitor Final Maps and condominium plans to determine if there are any proposed changes to
the Expected Land Uses that would reduce the Expected Maximum Facilities Special Tax Reve
nues for a Village. If the Expected Maximum Facilities Special Tax Revenues will be reduced purs
uant to a proposed Land Use Change, the Administrator shall apply the steps set forth in Se
ction D.1 below.

In any Fiscal Year, if it is determined that: (i) a parcel map for property in Improvement Area No. 2 w
as recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor wi
ll not incorporate the newly- created Parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly- cre ated Parcels is in a different Development Cl
ass than other Parcels created by the subdivision, the Administrator shall calculat e the Special Taxes for the property affected by recordation of the parcel map by determining the Special Taxes tha
t apply separately to the property within each Development Class, then applying the sum of the Resolution 2022-__

individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map.

C. MAXIMUM SP ECIAL TAX

1. Facilities Special Tax
Table 1 below identifies the Maximum Facilities Special Tax, before and after the Trigger Event, for Taxable Property in Improvement Area No. 2, subject to potential adjustments that may occur pursuant to Section D below.

TABLE 1
IMP
ROVEMENT AREA NO. 2

MAXIMUM FACILITIES SPECIAL TAX
Land
Use
Maximum
Facilities Special Tax
Prior to Trigger Event
Fiscal Year 2022-23*
Maximum
Facilities Special Tax
After Trigger Event
Single Family Residential Property
Village 9A
Village 9B
Village 10A
Village 10B
Village 10C
Village 11A
Village 11B
$4,795 per Residential Unit
$5,844 per Residential Unit
$5,017 per Residential Unit
$5,017 per Residential Unit
$5,017 per Residential Unit
$4,315 per Residential Unit
$4,315 per Residential Unit
$0 per Residential Unit
$0 per Residential Unit
$0 per Residential Unit
$0 per Residential Unit
$0 per Residential Unit
$0 per Residential Unit
$0 per Residential Unit
Other Property $47,285 per Acre $0 per Acre
Taxable Public Property
Taxable HOA Property
Taxable Welfare Exemption Property
$47,285 per Acre $0 per Acre
Undeveloped Property $47,285 per Acre $0 per Acre
* On July 1, 2023 and on each July 1 thereafter, all figures shown in Table 1 above shall be increased by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year.

Resolution 2022-__

2. Services Special Tax
Table 2 below identifies the Maximum Services Speci al Tax, before and after the Trigger Ev ent, for Taxable Property in Improvement Area No. 2.

TABLE 2
IMP
ROVEMENT AREA NO. 2

MAXIMUM SERVICES SPECIAL TAX
Type
of Property
Maximum
Services Special Tax
Prior to Trigger Event
Maximum
Services Special Tax
After Trigger Event
Fiscal Year 2022-23*
Single Family Residential Property
Village 9A
Village 9B
Village 10A
Village 10B
Village 10C
Village 11A
Village 11B
$0 per R
esidential Unit
$0 per Residential Unit
$0 per Residential Unit
$0 per Residential Unit
$0 per Residential Unit
$0 per Residential Unit
$0 per Residential Unit
$959 per Residential Unit
$1,169 per Residential Unit
$1,004 per Residential Unit
$1,004 per Residential Unit
$1,004 per Residential Unit
$863 per Residential Unit
$863 per Residential Unit
Other Property $0 per Acre $9,460 per Acre
Taxable Public Property
Taxable HOA Property $0 per Acre $9,460 per Acre
Undeveloped Property $0 per Acre $9,460 per Acre
* Beginning July 1, 2023 and each July 1 thereafter until the Transition Event, the Services Special Taxes in Table 2 shall be increased by 2.0% of the amount in effect in the prior Fiscal Year. On July 1 of the Fiscal Year after the Transition Event and each July 1 thereafter, the Services Special Taxes and the Maximum Services Special Tax assigned to each Parcel shall be adjusted by the Escalation Factor.

Once
Special Taxes have been levied on a Parcel of Developed Property, the Maximum Special Taxes applicable to that Parcel shall not be reduced in future Fiscal Years regardless of changes in land use on the Parcel, except (i) in the event of a partial prepayment pursuant to Section H, and (ii) pursuant to Section D. Notwithstanding the foregoing: (i) if Bonds have yet to be issued for Improvement Area No. 2, the Parcels can be assigned to the appropriate special tax category based on the Land Use Change, and the Administrator shall recalculate the Expected Maximum Facilities Special Tax Revenues based on the corresponding change in revenues, and (ii) the actual Special Taxes levied on a Parcel of Developed Property in any Fiscal Year may be less than the Maximum Special Taxes if lower Special Taxes are calculated pursuant to Step 1 in Sections E.1 and E.2 below.

Resolution 2022-__

D. CHANGES TO MAXIMUM SP ECIAL TAXES
The Expected Maximum Facilities Special Tax Revenues were calculated based on the Expected La
nd Uses at the IA No. 2 Lien Date. The Administrator shall review Final Maps, Tentative Map revisions, and other changes to land uses proposed within Improvement Area No. 2 and compare the revised land uses to the Expected Land Uses to evaluate the impact on the Expected Maximum Faci
lities Special Tax Revenues.

1. Changes in Expected Land Uses
If, prior to the First Bond Sale, a Land Use Change is proposed that will result in a reduction in the Expected Maximum Facilities Special Tax Revenues, no action will be needed pursuant to this Se
ction D.1. Upon approval of the Land Use Change, the Administrator shall update Attachment 1 to show the reduced Expected Maximum Facilities Special Tax Revenues.

If, prior to the Final Bond Sale, a Land Use Change is proposed that will result in a reduction in the Expected Maximum Facilities Special Tax Revenues, no action will be needed pursuant to this Se
ction D.1 as long as the reduction does not reduce debt service coverage on outstanding Bonds bel
ow the Required Coverage. Upon approval of the Land Use Change, the Administrator shall updat
e Attachment 1 to show the reduced Expected Maximum Facilities Special Tax Revenues, whi
ch amount shall be used to size the Final Bond Sale.

If a Land Use Change is proposed after the Final Bond Sale, the following steps shall be applied:

Step
1: By reference to Attachment 1 (which will be updated by the Administrator each time a Land Use Change has been processed according to this Section D.1 and or pursuant to Section D.2), the Administrator shall identify the Expected Maximum Facilities Special Tax Revenues for Improvement Area No. 2.

Step
2: The Administrator shall calculate the Expected Maximum Facilities Special Tax Revenues that could be collected from property in Improvement Area No. 2 if the Land Use Change is approved.

Step 3: If the amount calculated in Step 2 is higher than that determined in Step 1, no further action is needed. If the revenues calculated in Step 2 are less than those calculated in Step 1, and if the landowner requesting the Land Use Change does not prepay the portion of the Expected Maximum Facilities Special Tax Revenues in an amount that corresponds to the lost revenue, then the Maximum Facilities Special Tax for each Parcel of Taxable Property in the area affected by the Land Use Change shall be increased proportionately until the aggregate Expected Maximum Facilities Special Tax Revenues that can be generated from the area affected by the Land Use Change is the same as it was prior to the Land Use Change.

Resolution 2022-__

If multiple Land Use Changes are proposed simultaneously by a single land owner (which may include
approval of multiple Final Maps at one time), the Administrator may consider the combi
ned effect of all the Land Use Changes to determine if there is a reduction in Expected Ma
ximum Facilities Special Tax Revenues. If there is a reduction, the Administrator shall increase the
Maximum Facilities Special Tax proportionately in all of the Final Maps being proposed by the
landowner until the aggregate amount that can be levied within the Final Maps is equal to t he a
mount that could have been levied prior to the proposed Land Use Changes. If Land Use Changes are proposed simultaneously by multiple landowners, the Administrator shall consider the propos
ed Land Use Changes individually.

2. Transfer of Expected Max imum Facilities Special Tax Revenues from One Village to Another
The Expected Maximum Facilities Special Tax Revenues were determined for each Village based on the Expected Land Uses within that Village. If the expected number of Residential Units is transferred from one Village to another, the City may, in its sole discretion, allow for a corresponding transfer of Expected Maximum Facilities Special Tax Revenues between the Villages. Such a transfer shall only be allowed if (i) all adjustments are agreed to in writing by the affected property owners and the City, and (ii) there is no reduction in the total Expected Maximum Facilities Special Tax Revenues as a result of the transfer.

3. Conversion of a Parcel of Public Property to Private Use If, in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel shall be subject to the levy of Special Taxes. The Maximum Special Taxes for each such Parcel shall be determined based on the average Maximum Special Taxes for Parcels with similar land use designations, as determined by the Administrator.

E. METHOD OF LEVY OF THE SPECIAL TAXES

1. Facilities Special Tax
Each Fiscal Year, the Administrator shall determine the Facilities Special Tax Requirement and levy the Facilities Special Tax on all Parcels of Taxable Property as follows:

Step
1: In the first twenty (20) Fiscal Years in which a Facilities Special Tax is levied within Improvement Area No. 2, the Maximum Facilities Special Tax shall be levied on all Parcels of Developed Property. In the first fourteen (14) Fiscal Years in which Facilities Special Taxes are collected, and in the 16 th, 17th, 18th,
19th and 20 th Fiscal Years in which Facilities Special Taxes are collected, Facilities Special Tax proceeds that are determined by the Administrator to be Remainder Taxes shall be deposited into the Improvement Fund to pay any Resolution 2022-__

costs associated with the acquisition of Authorized Facilities that were not paid with Bond proceeds or Facilities Special Taxes levied in prior Fiscal Years.

Any Remainder Taxes collected in the 15
th year in which Facilities Special
Taxes are levied shall be available to pay for Authorized Facil ities or Authorized Services as determined in the sole discretion of the City.

Begi
nning in the 21 st Fiscal Year in which a Facilities Special Tax is levied within Improvement Area No. 2 and continuing until the Trigger Event, the Facilities Special Tax shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Facilities Special Tax for each Parcel of Developed Property until the amount levied is equal to the Facilities Special Tax Requirement, the calculation of which will include funding for Recycled Water Facilities Costs and/or other Authorized Facilities designated for funding, as determined in the sole discretion of the City. After the Trigger Event, the Facilities Special Tax shall no longer be levied.

Step
2: If additional revenue is needed after Step 1 and after applying Capitalized Interest to the Facilities Special Tax Requirement, the Facilities Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Facilities Special Tax for each Parcel of Undeveloped Property.

Step
3: If additional revenue is needed after Step 2, the Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Welfare Exemption Property, up to 100% of the Maximum Facilities Special Tax for each Parcel of Taxable Welfare Exemption Property.

Step
4: If additional revenue is needed after Step 3, the Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable HOA Property, up to 100% of the Maximum Facilities Special Tax for each Parcel of Taxable HOA Property.

Step
5: If additional revenue is needed after Step 4, the Facilities Special Tax shall be levied Proportionately on each Parcel of Taxable Public Property, up to 100% of the Maxim um Facilities Special Tax for each Parcel of Taxable Public Property.

2. Servi
ces Special Tax
Each
Fiscal Year after the Trigger Event, the Administrator shall determine the Services Special Tax Requirement and levy the Services Special Tax on all Parcels of Taxable Property as follows:

Step
1: The Services Special Tax shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Services Special Tax for each Resolution 2022-__

Parcel of Developed Property until the amount levied is equal to the Services Special Tax Requirement.

Step
2: If additional revenue is needed after Step 1, the Services Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property, up to 100% of the Maximum Services Special Tax for each Parcel of Undeveloped Property.

Step
3: If additional revenue is needed after Step 2, the Services Special Tax shall be levied Proportionately on each Parcel of Taxable HOA Property, up to 100% of the Maximum Services Special Tax for each Parcel of Taxable HOA Property.

Step
4: If additional revenue is needed after Step 3, the Services Special Tax shall be levied Proportionately on each Parcel of Taxable Public Property, up to 100% of the Maximum Services Special Tax for each Parcel of Taxable Publi c Property.

F. MANNER OF COLLECTION OF SPECIAL TAXES
The
Special Taxes for Improvement Area No. 2 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that partial prepayments are permitted as set forth in Section H below and provided further that the City may directly bill the Special Taxes, may collect Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes through foreclosure or other available methods.

The F
acilities Special Tax shall be levied and collected until principal and interest on Bonds have been repaid, costs of constructing or acquiring Authorized Facilities from Facilities Special Tax proceeds have been paid, and all Administrative Expenses have been paid or reimbursed. However, in no event shall Facilities Special Taxes be levied for more than eighty (80) Fiscal Years. Under no circumstances may the Facilities Special Tax on a Parcel in residential use be increased in any Fiscal Year as a consequence of delinquency or default in payment of the Facilities Special Tax levied on another Parcel or Parcels by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. After the Trigger Event, the Services Special Tax may be levied and collected in perpetuity.

G. EXEMPTIONS
Any Pa
rcel that becomes HOA Property, Public Property, or Welfare Exemption Property prior to the First Bond Sale shall be exempt from both the Services Special Tax and the Facilities Special Tax; the Administrator shall reduce the Expected Maximum Facilities Special Tax Revenues to reflect any such exemption, and the First Bond Sale shall be sized based on the reduced Expected Maximum Facilities Special Tax Revenues. Any Parcel that becomes HOA Property, Public Property, or Welfare Exemption Property after the First Bond Sale shall be exempt from both the Resolution 2022-__

Services Special Tax and the Facilities S peci al Tax provided such Parcel is not Taxable H OA Property, Taxable Public Property or Taxable Welfare Exemption Property.

In addition, no Special Taxes shall be levied on (i) Parcels that are designated as permanent open space or common space on which no structure is permitted to be constructed, (ii) Parcels owned by a public utility for an unmanned facility, and (iii) Parcels subject to an easement that precludes any
use on the Parcel other than that permitted by the easement. Notwithstanding the foregoing, if
a Facilities Special Tax has been levied on a Parcel in any Fiscal Year, and the entire Parcel subsequently meets the criteria in (i), (ii) or (iii) above, the Parcel shall remain subject to the Facilities Special Tax levy, unless the First Bond Sale has not occurred, in which case such prope
rty shall be categorized as Public Property, and the Administrator shall recalculate the Expected Maximum Facilities Special Tax Revenues based on the corresponding loss in revenues.

H. PARTIAL PRE PAYMENT OF FACILITIES S PECIAL TAX
The following definitions apply to this Section H:
“Out
standing Bonds” means all Previously Issued Bonds which remain outstanding, with the following exception: if a Facilities Special Tax has been levied against, or already paid by, an Assessor’s Parcel making a prepayment, and a portion of the Facilities Special Tax will be used to pay a portion of the next principal payment on the Bonds that remain outstanding (as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal that remains outstanding, and the difference shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula. “Pre
viously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment.
“Pu
blic Facilities Requirements” means: (i) $28,730,000 in Fiscal Year 2022-23 dollars, which amount shall, on July 1, 2023 and on each July 1 thereafter, be increased by an amount equal to 2.0% of the amount in effect for the prior Fiscal Year, or (ii) such other number as shall be determined by the City to be an appropriate estimate of the net construction proceeds that will be generated from all Bonds that have been or are expected to be issued on behalf of Improvement Area No. 2.
“Re
maining Facilities Costs” means the Public Facilities Requirements (as defined above), minus public facility costs funded by Previously Issued Bonds (as defined above), Remainder Taxes, or prepayments.

A prope
rty owner may prepay up to 80% of the Facilities Special Tax obligation applicable to a Parcel in Improvement Area No. 2, thereby reducing the Maximum Facilities Special Tax applicable to the Parcel, provided that a prepayment may be made only if there are no delinquent Resolution 2022-__

Special Taxes with respect to such Parcel at the time of prepayment. An owner of a Parcel intending to prepay a portion of the Facilities Special Tax obligation shall provide the City with wr
itten notice of intent to prepay, which shall identify the percentage of the Maximum Facilities Spe
cial Tax that is to be prepaid. Within 30 days of receipt of such written notice, the City or its des
ignee shall notify such owner of the prepayment amount for such Parcel. Prepayment must be made not less than 50 days prior to any redemption date for Bonds to be redeemed with the proc
eeds of such prepaid Facilities Special Taxes.

The Prepayment Amount shall be calculated as follows ( capitalized ter ms as defined below):

Bond Re
demption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount
As
of the proposed date of prepayment, the Prepayment Amount for a Parcel shall be determined by application of the following steps:

Step

1. Determine the Maximum Facilities Special Tax that could be levied on the Parcel based on the Expected Land Uses for the Parcel at the time the prepayment is calculated.

Step

2. Divide the Maximum Facilities Special Tax computed pursuant to Step 1 by the E xpected Maximum Facilities Special Tax Revenues in that Fiscal Year.

Step

3. Multiply the quotient computed in Step 2 by the percentage of the Maximum Facilities Special Tax that the property owner wants to prepay, which percentage shall not exceed 80%.

Step

4. Multiply the quotient computed pursuant to Step 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).

Step

5. Compute the current Remaining Facilities Costs (if any).

Step 6. M
ultiply the quotient computed pursuant to Step 3 by the amount determined pursuant to Step 5 to compute the amount of Remaining Facilities Costs to be prepaid (the “Remaining Facilities Amount”).

Resolution 2022-__

Step 7. Multiply the Bond Redemption Amount computed pursuant to Step 4 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

Step

8. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the last Bond interest payment date on which interest has been or will be paid by Facilities Special Taxes already levied until the earliest redemption date for the Outstanding Bonds.

Step
9: Compute the amount of interest the City reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after which the prepayment has been received until the redemption date for the Outstanding Bonds.

Ste
p 10: Take the amount computed pursuant to Step 8 and subtract the amount computed pursuant to Step 9 (the “Defeasance Requirement”).

Ste
p 11. Determine the costs of computing the prepayment amount, redeeming Bonds, and recording any notices to evidence the prepayment and redemption (the “Administrative Fees and Expenses”).

Ste
p 12. If and to the extent so provided in the Indenture, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”).

Ste
p 13. The Facilities Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 4, 6, 7, 10, and 11, less the amount computed pursuant to Step 12 (the “Prepayment Amount”).

Ste
p 14. From the Prepayment Amount, the amounts computed pursuant to Steps 4, 7, and 10 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to Step 6 shall be deposited into the Improvement Fund. The amount computed pursuant to Step 11 shall be retained in the account or fund that is established to pay Administrative Expenses.

Once
a partial prepayment of a Facilities Special Tax has been received, an Amendment to Special Tax Lien shall be recorded against the Parcel to reflect the reduced Facilities Special Tax lien for the Parcel, which shall be equal to the portion of the Maximum Facilities Special Tax that was not prepaid. However, an Amendment to Spe cial Tax Lien shall not be recorded until all Facilities Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected. The Resolution 2022-__

prepayment of a po rtion of the Facilities Spe cial Tax shall not affect the pe rpetual obligation to pay the Services Special Tax.

Notwithstanding the foregoing, if at any point in time the Administrator determines that the Maximum Facilities Special Tax revenue that could be collected from Taxable Property that re
mains subject to the Facilities Special Tax after the proposed prepayment would be less than the Required Coverage on Bonds that will remain outstanding after defeasance or redemption of Bonds fr
om proceeds of the estimated prepayment, the amount of the prepayment shall be increased until the
amount of Bonds defeased or redeemed is sufficient to reduce remaining annual debt service to a
point at which Required Coverage is maintained.

I. INTERPRETATION OF SPECIAL TAX FORMULA
The City may interpret, clarify, and revise this RMA to correct any inconsistency, vagueness, or ambiguity, by resolution and/or ordinance, that does not create a material adverse effect on the le
vy and collection of the Special Taxes and any security for any Bonds.

Resolution 2022-__

ATTACHMENT 1
Improvement Area No. 2 of the
City of Tracy
Community Facilities District No. 2016-1
(Tracy Hills)
Exp
ected Land Uses and Expected Maximum Facilities Special Tax Revenues Village
Exp
ected
Land Uses
Maximum Facilities
Special Tax per Unit
FY 2022-23 /1
Expected Maximum
Facilities Special Tax
Revenues
FY 2022-23 /1
Village 9A 69 Residential Units $4,795 per Residential Unit $330,855 Village 9B 64 Residential Units $5,844 per Residential Unit $374,016 Village 10A 47 Residential Units $5,017 per Residential Unit $235,799 Village 10B 41 Residential Units $5,017 per Residential Unit $205,697 Village 10C 62 Residential Units $5,017 per Residential Unit $311,054 Village 11A 45 Residential Units $4,315 per Residential Unit $194,175 Village 11B 104 Residential Units $4,315 per Residential Unit $448,760 N/A 0 Acres of Other Property $47,285 per Acre $0
Total
432 Residential Units
and 0 Acres of
Other Property
N/A $2,100,356

1. On July 1, 2023 and each July 1 thereafter, the Maximum Facilities Special Tax per Residential Unit and the Expected Maximum Facilities Special Tax Revenues shall be increased by two percent (2%) of the amount in effect in the prior Fiscal Year.

Resolution 2022-__

ATTACHMENT 2
Improvement Area No. 2 of the
City of Tracy
Community Facilities District No. 2016-1
(Tracy Hills)
Expe
cted Lot Layout

Resolution 2022-__

EXHIBIT B
MAP

OF ANNEXATION PROPERTY

ATTACHMENT B

RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City Clerk
City of Tracy
333 Civic Center Plaza
Tracy, CA 95376

NOTICE OF SPECIAL TAX LIEN
IMPROV
EMENT AREA NO. 2 OF THE

CITY OF TRACY
COMMUNITY FACILITIES DISTRICT 2016-1
(TRACY HILLS)
Pursuant to the requirements of Sections 3114.5 and 3117.5 of the California Streets and Highways Code and Section 53328.3 of the California Government Code, the undersigned City Clerk of the City of Tracy, County of San Joaquin, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of Tracy, County of San Joaquin, on the property described in Exhibit C (the “Property”). The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds and other debt, the proceeds of which are being used to finance the acquisition and construction of all or a portion of the public facilities described in Exhibit A attached hereto and hereby made a part hereof, to pay the cost of the public facilities and the public services described in Exhibit A, and to pay the cost of administering Improvement Area No. 2 (defined below).

The City
Council of the City of Tracy previously formed the “ City of Tracy Community Facilities District 2016-1 (Tracy Hills)” (the “CFD”), including an improvement area within the CFD designated “Improvement Area No. 1 of the City of Tracy Community Facilities District 2016-1 (Tracy Hills )” (“Improvement Area No. 1”) , and the territory designated the “ City of Tracy Community Facilities District 2016-1 ( Tracy Hills ) (Future Annexation Area) ” (the “Future Annexation Area”); the boundaries of the CFD, Improvement Area No. 1 and the Future Annexation Area were set forth in the boundary map that was recorded on June 15, 2016 in the records of the San Joaquin County Recorder in Book 6 of Maps of Assessment and Community Facilities Districts at Page 84 as Document No. 2016-069400 (the “Original Boundary Map”).

Subsequent to
formation of the CFD, Improvement Area No. 1 and the Future Annexation Area, the City Council undertook change proceedings, and the boundaries of the CFD, Improvement Area No. 1 and the Future Annexation Area were amended, as set forth in the boundary map recorded on August 27, 2018 as Document No. 2018-095098 in Book 6 Page 134 of the Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder for the County of San Joaquin, State of California (the “Amended Boundary Map”).

An Amended and Res
tated Notice of Special Tax Lien was recorded for the territory included in Improvement Area No. 1 on August 27, 2018 as Document No. 2018-095091 in the office of the Recorder for the County of San Joaquin, State of California.

The Property w
as included in the Future Annexation Area. The Property has been annexed into the CFD and the owners of the Property have identified, specified and approved the designation of the Property as “Improvement Area No. 2 of the City of Tracy Community Facilities District 2016-1 ( Tracy Hills )” (“Improvement Area No. 2 ”), pursuant to separate Unanimous

ATTACHMENT C
- 2 -
Approvals of the owners of the Property dated August 12, 2022. The City Council of the City of Tracy approved the annexation of the Property to the CFD and desi gnated the Property as Improvement Area No. 2 pursuant to Resolution No. 2022-_____ adopted on August 16, 2022.

The special tax is authorized to be levied within Improvement Area No. 2 which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code.

The rate, method of apportionment, and manner of collection of the authorized special tax within Improvement Area No. 2 is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as set forth in said Exhibit B and hereby incorporated herein by this reference.

Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of San Joaquin the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within Improvement Area No. 2 in accordance with Section 3115.5 of the Streets and Highways Code of California.

The name(s) of the owner(s) and the assessor ’s tax parcel numbers of the Property and not exempt from the special tax are as set forth in Exhibit C attached hereto and hereby made a part hereof.

Reference is made to the Annexation Map No. 1 (the “Annexation Map”), which shows the boundaries of Improvement Area No. 2, which was recorded on _______________, 2022 at _______ _.m. in Book _____ of Maps of Assessment and Community Facilities Districts at Page _____, as Document No. _______________ in the office of the County Recorder for the County of San Joaquin, State of California, which Annexation Map is now the final boundary map of Improvement Area No. 2.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director, City of Tracy, 333 Civic Center Plaza, Tracy, California, 95376; Telephone:
(209) 831-6800.

Dated: As of August 16, 2022

By:

City Clerk,
City of Tracy

EXHIBIT A

EXHIBIT A

NOTICE OF SPECIAL TAX LIEN

IMPROVEMENT AREA NO. 2 OF THE

CITY OF TRACY
COMMUNITY FACILITIES DISTRICT 2016-1
(TRACY HILLS)

DESCRIPTION OF FACILITIES AND SERVICES TO BE FINANCED BY THE CFD

AND EACH IMPROVEMENT AREA THEREIN

FACILITIES

The CFD (and each Improvement Area therein, as originally designated and as designated in the future in conjunction with the annexation of the Future Annexation Area) shall be authorized to finance all or a portion of the costs of the acquisition, construction and improvement of facilities permitted under the Mello-Roos Act and that are required as conditions of development of the property within the CFD and the Future Annexation Area, including, but not limited to, the following:

• Roadway Improvements (and all curb and gutter, sidewalks, lighting, signalization, landscaping, monumentation, and dry and wet utilities) - including, but not limited to:
o Spine Road north of I-580.
o Spine Road south of I-580.
o Emergency Vehicle Access roads.
o Corral Hollow Road.
o Lammers Road.
o Linne Road.
o Tracy Boulevard.
o In-tract streets and roads.
o All streets within the City of Tracy impacted by the development of the Project Property.
o I- 580/Corral Hollow Road Interchange
o I- 580/Lammers Road Interchange

• Wastewater Treatment Facilities - including, but not limited to, a wastewater treatment facility and/or expansion, pump stations, force main and gravity lines.

• Water Facilities - including, but not limited to, a water treatment facility, pump stations, new water transmission lines, additional storage reservoirs or tanks with booster pumps, production wells, backup generators at existing wells, and pressure reducing valves.

• Reclaimed Water Facilities - including, but not limited to, reclaimed water treatment facilities, pump stations, new reclaimed water transmission lines, and additional storage reservoirs or tanks with booster bumps.

• Drainage Improvements - including, but not limited to, pipes, culverts, retention basins, drop inlets, and filtration areas.

EXHIBIT A

• Landscaping - including, but not limited to, entryways, streets, buffers, and slopes.

• Open Space Improvements

• Parks and Park Equipment - including, but not limited to, construction of parks, park equipment and structures.

• Public Safety Improvements - including, but not limited to:
o Constructing and equipping two firehouses.
o Police facilities and equipment.

• Soundwalls - including, but not limited to, the soundwall along I-580.

• Improvements Financed by City Master Plan and Public Benefit Payments - including, but not limited to:
o Public Benefit payments.
o Transportation Master Plan Fee.
o Wastewater Mater Plan Fee.
o Wastewater Conveyance Master Plan Fee.
o Water Treatment Master Plan Fee.
o Water Conveyance Mater Plan Fee.
o Water Treatment Master Plan Fee.
o Recycled Water Master Plan Fee.
o Public Safety Master Plan Fee.
o Public Facilities Master Plan Fee.
o Parks Master Plan Fee.

Any facility authorized to be financed by the CFD and its Improvement Areas may be financed through the construction and acquisition of the facility or through the payment of fees for such facility.

The facilities constructed or acquired may be located within or outside the CFD.

The facilities to be financed shall include all hard and soft costs associated with the facilities, including the costs of the acquisition of land and rights-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, costs related to landscaping and irrigation, soils testing, permits, plan check, and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing as further defined in one or more acquisition agreements with the developer of the Property in the CFD.

SERVICES

Special taxes collected in the CFD (and each Improvement Area therein, as originally designated and as designated in the future in conjunction with the annexation of the Future Annexation Area) may finance, in whole or in part, the following services (“services” shall have the meaning given that term in the Mello-Roos Community Facilities Act of 1982):

EXHIBIT A

• Maintenance and operation of the Facilities

OTHER

The CFD (and each Improvement Area therein, as originally designated and as designated in the future in conjunction with the annexation of the Future Annexation Area) may also finance any of the following:

1. Bond related expenses, including underwriters discount, reserve fund, capitalized interest, letter of credit fees and expenses, bond and disclosure counsel fees and expenses, bond remarketing costs, and all other incidental expenses.

2. Administrative fees of the City and the bond trustee or fiscal agent related to the CFD (and each Improvement Area therein, as originally designated and as designated in the future in conjunction with the annexation of the Future Annexation Area) and the Bonds.

3. Reimbursement of costs related to the formation of the CFD (and each Improvement Area therein, as originally designated and as designated in the future in conjunction with the annexation of the Future Annexation Area) advanced by the City, the landowner(s) in the CFD (and each Improvement Area therein, as originally designated and as designated in the future in conjunction with the annexation of the Future Annexation Area), or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, the landowner(s) in the CFD (and each Improvement Area therein, as originally designated and as designated in the future in conjunction with the annexation of the Future Annexation Area) or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the CFD (and each Improvement Area therein, as originally designated and as designated in the future in conjunction with the annexation of the Future Annexation Area).

EXHIBIT B

EXHIBIT B

NOTICE OF SPECIAL TAX LIEN

IMPROVEMENT AREA NO. 2 OF THE

CITY OF TRACY
COMMUNITY FACILITIES DISTRICT 2016-1
(TRACY HILLS)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

EXHIBIT C

EXHIBIT C

NOTICE OF SPECIAL TAX LIEN

IMPROVEMENT AREA NO. 2 OF THE

CITY OF TRACY
COMMUNITY FACILITIES DISTRICT 2016-1
(TRACY HILLS)

ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND
WITHIN IMPROVEMENT AREA NO. 2

Owner APN
AG Essential Housing CA 1, L.P., a
Delaware limited partnership
251-340-01 to 251-340-25, inclusive
251-340-43 to 251-340-45, inclusive
251-340-47 to 251-340-64, inclusive
251-340-68 to 251-340-78, inclusive
251-340-80
251-060-17
251-060-18
251-350-03
251-350-04
251-350-17 to 251-350-42, inclusive
251-350-46 to 251-350-76, inclusive
251-050-32 to 251-050-41, inclusive
251-060-21 (Portion)
251-050-43
251-050-42
251-060-26

Lennar Homes of California, LLC, a
California limited liability company
251-340-26 to 251-340-42, inclusive
251-340-46
251-340-65 to 251-340-67, inclusive
251-350-01
251-350-02
251-350-05 to 251-350-16, inclusive
251-350-43 to 251-350-45, inclusive
251-060-21 (Portion)

ATTACHMENT D
September 6, 2022
AGENDA ITEM 3.B

REQUEST

STAFF RECOMM

ENDS THAT THE CITY COUNCIL INTRODUCE AN ORDINANCE
AMENDING SECTION 3.08.580 REGARDING SPECIAL SPEED ZONES OF THE

TRACY MUNICIPAL CODE TO UPDATE SPEED LIMITS AS REQUIRED BY THE

CALIFORNIA VEHICLE CODE

EXECUTIVE SUMM
ARY
The proposed ordinance wil
l amend Section 3.08.580, Article 12 of the Tracy Municipal Code to establish speed limits on street segments in accordance with the requirements of the California Vehicle Code (CVC).

DISCUSSION
Section 3.08.580, Article 12, of the Tracy Municipal Code (TMC) establishes speed zones on various streets in the City. The speed limit on streets is established based on engineering and traffic surveys in accordance with the requirements of the California Vehicle Code section 40803 (CVC), and the applicable traffic engineering standards.

To allow Law Enforcement to enforce posted traffic speed on streets with use of radar equipment, it is necessary to establish speed limits in accordance with the requirements of the CVC. The CVC requires completion of engineering and traffic surveys to establish posted speeds once every five years. In December of 2021, staff completed engineeri
ng and traffic surveys to update speed limits on 21 segments of 16 arterial and col
lector streets in accordance with the CVC and California Manual of Uniform Traffic Control Devices (CAMUTCD) and recommends introducing an ordinance to amend special speed zones outlined in Section 3.08.580 of the Tracy Municipal Code.

The use of radar equipment is one of the most effective tools for enforcing speed limits and traffic safety on City streets. To allow law enforcement to fully utilize the equipment, it is necessary to establish speed limits in accordance with the requirements of the CVC.

In order to legally use radar equi pment for speed enforcement, engineering and traffic surveys are needed to establish posted speeds once every five years. Subsection (c) of California Vehicle Code Section 40803 provides that evidence of conducting a speed zone survey within the last five years to establish the prima facie speed for a local street or
road shall constitute a prima facie case that such local street or road is not a speed trap for the purposes of radar enforcement.

An engineering and traffic survey was completed on a total of 21 segments of the 16 arterial and collector streets by the Engineering Division. This survey will update the posted speeds and provide the basis for the proposed amendments of the Municipal Code, thu
s, resulting in continuation of special speed zones with updated speed limits on the street segments
listed in Attachment A. Attachment B provides a map where the speed surveys were conducted.

Agenda Item 3.B
September 6, 2022

This update to the C
ity’s traffic code will establish radar enforceable speed limit zones for arterial and collector streets for the following:
• Balboa Drive
• Beechnut Avenue
• Beverly Place
• Chester Drive
• Clover Road
• Corral Hollow Road
• Cypress Drive
• Eaton Avenue
• Henley Parkway
• Lankershire Drive
• Lowell Avenue
• Middlefield Drive
• Portola Way
• Richard Drive
• Tenth Street
• Third Street
The results
of the speed survey recommend that existing speed limits remain unchanged.

The recom
mendations are based upon the 85th percentile speed of surveyed moving vehicles on those streets with consideration given to the existing road site conditions such as street alignment, classification, collisions, etc. The CVC allows further adjustment of the surveyed speed based upon the above conditions. The research indicates that posting speeds lower than the closest 85th percentile speed does not lower the speed of motorists.

A copy of the pr
oposed Ordinance Amendment is provided as Attachment C.

Attachment D provides an update of the TMC section 3.08.580 special speed zone table.

A copy of all
engineering and traffic surveys certified as correct by the City Engineer will be maintained in the Engineering Division files with a duplicate copy on file with the Police Department.

It is observed that
some of the surveyed segments were sub-part of longer segments of the roadway in the Tracy Municipal Code for radar enforcement. To differentiate the speed limits on the surveyed segments, it is necessary to add the sub-parts separately and delete the larger segments. This will avoid confusion in establishing the speed limit signs for the various roadway segments and assist in better speed enforcement.

Agenda Item 3.B
September 6, 2022

Therefore, the foll
owing four roadway segments are recommended to be added to the ordinance for radar enforcement:

Street Segment Previously
Established
Newly
Established
Change
Clover Road West City limits to Tracy
Boulevard
25 25 No Change
Clover Road Holly Drive to Tracy
Boulevard
25 25 No Change
Eaton Avenue Richard Drive to Tracy
Boulevard
25 25 No Change
Eaton Avenue Tracy Boulevard to East
Street
25 25 No Change
The following fi
ve roadway segments are recommended to be removed from the ordinance for radar enforcement to avoid duplication of road segments:

Street Segment Previously
Established
Newly
Established
Change
Balboa Drive Portola Way to
Kavanagh Avenue
Delete
Clover Road West City limits to Holly
Drive
Delete
Eaton Avenue Richard Drive to East
Street
Delete
Portola Way Balboa Drive to Entrada
Way
Delete
Tenth Street Tracy Boulevard to
MacArthur Drive
Delete

FISCAL IMP
ACT
There will
be no fiscal impact to the General Fund. Enforcement of speed limits is a budgeted item and is the Police Department’s responsibility. The current speed survey does not require any signing or striping changes and hence there will be no impact to the existing traffic signing and signage operation budget.

COORDINATIO
N
The results
of the Engineering and Traffic Survey as shown in Attachments A & B, the updated Special Speed Zone Table in the TMC as shown in Attachment D, and the Speed Zone Report in Attachment E were coordinated with the Police Department and the Operations and Utilities Department. This assists the Police Department for speed enforcement and assists the Operations and Utilities Department to determine any speed limit sign updates in the field.

Agenda Item 3.B
September 6, 2022

CEQA DETERMINATION
The proposed item
is categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15301, which pertains to existing highways and streets. In accordance with CEQA Guidelines, no further environmental assessment is required.

STRATEG

IC PLAN
This agenda item
supports the City of Tracy’s Quality of Life Strategic Priority, which is to provide an outstanding quality of life by enhancing the City’s amenities, business mix and services and cultivating connections to promote positive change and progress in our community.

RECOMM

ENDATION
Staff recomm
ends that the City Council introduce an ordinance amending Section

3.08.580, regarding special speed zones of the Tracy Municipal Code to update speed limits as required by the California Vehicle Code.

Prepared by:

Anju Pillai, PE, Senior Civil Engineer
Reviewed by
: Robert Armijo, PE, City Engineer / Assistant Development Services Director Randall Bradley, Fire Chief, South San Joaquin County Fire Authority Kris Balaji, PMP, PE, Development Services Director
Sara Cowell, Interim Finance Director
Midori Lichtwardt, Assistant City Manager
Approved by:

Michael Rogers, City Manager

ATTACHM
ENTS
Attachment
A - Speed Survey Locations
Attachment B - Speed Survey Map
Attachment C - Ordinance
Attachment D - TMC Section Special Speed Zone Table 2021 Attachment E - Speed Zone Report December 2021
SR. NO. SEGMENT FROM TO

PREVIOUSLY

ESTABLISHED

SPEED LIMIT
85TH

PERCENTILE
SPEED

PROPOSED
SPEED
1 BALBOA DRIVE PORTOLA WAY CLOVER ROAD 25 32 25
2 BEECHNUT AVENUE SEQUOIA BLVD. TRACY BLVD. 30 36 30
3 BEVERLY PLACE LINCOLN BLVD. TRACY BLVD. 25 31 25
4 CHESTER DRIVE EATON AVENUE LOWELL AVENUE 25 30 25
5 CLOVER ROAD WEST CITY LIMITS TRACY BLVD. 25 30 25
6 CLOVER ROAD TRACY BLVD HOLLY DRIVE. 25 32 25
7 CORRAL HOLLOW
ROAD NORTH CITY LIMITS GRANT LINE ROAD 35 41 35
8 CYPRESS DRIVE CORRAL HOLLOW
ROAD SUMMER LANE 30 34 30
9 EATON AVENUE RICHARD DRIVE TRACY BLVD. 25 32 25
10 EATON AVENUE TRACY BLVD. EAST STREET 25 32 25
11 HENLEY PARKWAY BRIDLE CREEK DRIVE LOWELL AVENUE 35 38 35 12 LANKERSHIRE DRIVE MONTGOMERY LANE BYRON ROAD 25 32 25 13 LOWELL AVENUE TRACY BLVD. EAST STREET 25 29 25
14 LOWELL AVENUE LINCOLN BLVD. TRACY BLVD. 30 37 30
15 MIDDLEFIELD DRIVE CORRAL HOLLOW
ROAD WHISPERING WIND DRIVE 35 40 35
16 MIDDLEFIELD DRIVE WHISPERING WIND
DRIVE PEONY DRIVE 25 31 25
17 PORTOLA WAY HOLLY DRIVE ENTRADA WAY 25 31 25
18 RICHARD DRIVE LINCOLN BLVD. EATON AVENUE 25 26 25
19 TENTH STREET CIVIC CENTER DRIVE MACARTHUR DRIVE 25 28 25 20 TENTH STREET TRACY BLVD. EAST STREET 25 31 25
21 THIRD STREET CENTRAL AVENUE MT DIABLO AVENUE 25 32 25 ATTACHMENT A - CITY OF TRACY SPEED SURVEY LOCATIONS 2021

ATTACHMENT A
LEGEND

PROPOSED SPEED LIMITS
-----le= -
25 MPH
30 MPH
35 MPH
40 MPH
45 MPH
50 MPH
55 MPH
■.::::;-5 MPH SPEED LIMIT

INCREASE
TRAFFIC SPEED SURVEY 111-c=ET,---i --
TB.ACY
Think Inside the Trian
UPDATE 2021 ...!: ..

ATTACHMENT B
AP

VALPICO ROAD

LINNE ROAD
SHEET
1 OF 1 SHEET

CITY OF TRACY
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Cffl'tll'IIIC'f ____ ..,..�,..
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---

ATTACHMENT B
Attachment C

APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE

TRACY CIT

Y COUNCIL

ORDINAN
CE NO. ________________
AME
NDING SECTION 3.08.580 REGARDING SPECIAL SPEED ZONES OF THE TRACY

MUNICIPAL CODE TO UPDATE SPEED LIMITS AS REQUIRED BY THE CALIFORNIA

VEHICLE CODE
WHE
REAS, The use of radar equipment is one of the most effective tools for enforcing speed limits and traffic safety on City streets; and
WHE
REAS, Subsection (c) of California Vehicle Code Section 40803 provides that evidence of conducting a speed zone survey within the last five years to establish the prima facie speed for a local street or road shall constitute a prima facie case that such local street or road is not a speed trap for the purposes of radar enforcement; and WHE
REAS, City staff completed an Engineering & Traffic survey in December 2021 of 21 segments of 16 arterial and collector streets; and
WHE
REAS, The survey shows prima facie speed limits for all surveyed street segments remain unchanged; and
WHE
REAS, It is observed that the some of the surveyed segments were sub-part of longer segments of the roadway in the Tracy Municipal Code for radar enforcement; and WHE
REAS, In order to differentiate the speed limits on the surveyed segments, it is necessary to add the sub-parts separately and delete the larger segments; and NOW,

THEREFORE, THE CITY COUNCIL OF THE CITY OF TRACY DOES ORDAIN AS FOLLOWS:

SECT
ION 1. Incorporation of Recitals/Findings. The City Council finds and determines the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City.

SECTION 2. Amended Sections. Section 3.08.580 of Chapter 3.08 of Title 3 of the Tracy Municipal Code is hereby amended to add the four street portions described below and their established Declared Prima Facie Speed Limit (Miles per Hour) (with additions underlined, and deletions in strikethrough):

Name of Street and Portion Affected
Declared Prima Facie
Speed Limit
(Miles per Hour)
- Clover Road
West City limits to Tracy Boulevard 25
- Clover Road
Tracy Boulevard to Holly Drive 25
- Eaton Avenue
Richard Drive to Tracy Boulevard 25
- Eaton Avenue
Tracy Boulevard to East Street 25
SECT
ION 3. Amended Sections. Section 3.08.580 of Chapter 3.08 of Title 3 of the Tracy Municipal Code is hereby amended to delete the five street portions described below to avoid duplication of street segments:

Name of
Street and Portion Affected
Declared Prima Facie
Speed Limit
(Miles per Hour)
- Balboa Drive
Portola Way to Kavanagh Avenue 25
- Clover Road
West City limits to Holly Drive 25
- Eaton Avenue
Richard Drive to East Street 25
- Portola Way
Balboa Drive to Entrada Way 25
- Tenth Street
Tracy Boulevard to MacArthur Drive 25
SECTION 4. Remaining Sections. Except as herein added or changed, the remaining sections of the Tracy Municipal Code, including the Declared Prima Facie Speed Limit (Miles per Hour) for the portions of streets not set forth above, shall remain in full force.

SECTION 5. Constitutionality.

If any section, subsection, sentence, clause or phrase
of this Ordinance
is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.

Ordinance ______

SECTION 6. CEQA Determination. The City Council finds that this Ordinance is exempt from CEQA Guidelines in accordance with CEQA Guidelines section 15301, which pertains to existing highways and streets.

SECTION 7. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

SE
CTION 8. Effective Date. This ordinance shall bec ome effective upon the thirtieth (30th) day after final adoption.

SECTION 9. Publication. The City C lerk i s di rected to publish this or dinance i n a manner required by law.

SEC
TION 10. Codification. This Ordinance shall be codified in the Tracy Municipal Code.
* *
* * * * * * * * * * *
The foregoi
ng Ordinance ________ was introduced at a regular meeting of the Tracy City Council on the 6th day of September 2022, and finally adopted on the 20th day of September 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY
D. YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Date of Attestation:

Ordinance _____

NOTI

CE AND DIGEST

ORDINAN
CE AMENDING SECTION 3.08.580 REGARDING SPECIAL SPEED

ZONES OF THE TRACY MUNICIPAL CODE TO UPDATE SPEED LIMITS AS

REQUIRED BY THE CALIFORNIA VEHICLE CODE
This O
rdinance (Ordinance) amends Section 3.08.580 regarding special speed zones of the Tracy Municipal Code to update speed limits as required by the California Vehicle Code section 40803. Based on a Speed Zone Report, this Ordinance does not change any of the posted speed limits in the Special Speed Zones of the Tracy Municipal Code.

This Ordinance only breaks up Special Speed Zones to differentiate the speed limits on the surveyed segments, which is necessary to add sub-parts separately and delete the larger segments of Tracy Streets.

Ordinance ____

Attachment D

3.08.580 Special speed zone Table
Na
me of Street or Portion Affected Declared Prima Facie Speed Limit (Miles per Hour)
- Arbor Road
Holly Drive to MacArthur Drive 40
- Balboa Drive
Portola Way to Clover Road 25
Portola Way to Kavanagh Avenue 25
- Barcelona Drive
Cypress Drive to Schulte Road 25
- Beechnut Avenue
Sequoia Boulevard to Tracy Boulevard 30
- Beverly Place
Lincoln Boulevard to Tracy Boulevard 25
- Brichetto Road
Chrisman Road to east City limits 50
- Brookview Drive
Regis Drive to Reids Way 30
Reids Way to Glenbrook Drive 25
- Buthmann Avenue
Grant Line Road to Kavanagh Avenue 25
Kavanagh Avenue to Clover Road 25
- Byron Road
Corral Hollow Road to Lammers Road 45
- Central Avenue
Sycamore Parkway to Tracy Boulevard 35
Tracy Boulevard to Schulte Road 30
Schulte Road to Mount Diablo Avenue 30
Mount Diablo Avenue to Fourth Street 25
Fourth Street to Eleventh Street 25
Mount Diablo Avenue to Eleventh Street 25
- Chester Drive
Eaton Avenue to Lowell Avenue 25
- Chrisman Road
Valpico Road to north City limits 50
Grant Line Road to Paradise Avenue 40
Paradise Avenue to RR Tracks (south of Paradise Ave) 40 - Clover Road
West City Limits to Holly Drive 25
West City limits to Tracy Boulevard 25
Tracy Boulevard to Holly Drive 25
- Corral Hollow Road
Parkside Drive to Schulte Road 40
Eleventh Street to Lowell Avenue 40
Lowell Avenue to Grant Line Road 40
North City limits to Grant Line Road 35
Parkside Drive to Valpico Road (City limits) 40
Schulte Rd to Eleventh St 45
Valpico Road to Linne Road (City limits) 45
I-580 to south City Limits 55
1100’ south of Linne Road to I-580 50
- Crossroads Drive
Eleventh Street to Gaines Lane 25
Greystone Drive to Eleventh Street 30
- Cypress Drive
Corral Hollow Road to Summer Lane 30
Hickory Avenue to Corral Hollow Road 25
- Dominique Drive
Eastlake Circle to Elissagary Drive 30
- Dove Drive/Way
Sycamore Parkway to Starflower Drive 25
- East Lake Circle
Crater Place to Lakeview Drive (East side) 25
Crater Place to Lakeview Drive (West side) 25
- East Street
Grant Line Road to Eleventh Street 30
Eleventh Street to Sixth Street 25
- Eaton Avenue
Richard Drive to East Street 25
Richard Drive to Tracy Boulevard 25
Tracy Boulevard to East Street 25
- Eleventh Street
East Street to Beginning of Bridge 35
Beginning of Bridge to East City Limits 45
Corral Hollow Road to Lincoln Boulevard 35
Lammers Road to Corral Hollow Road 45
Lincoln Boulevard to Tracy Boulevard 30
Tracy Boulevard to East Street 30
West City limits to Lammers Road 55
- Entrada Way
Grant Line Road to Portola Way 25
- Fabian Road
Lammers Road to Mamie Anderson Lane 35
- Fourth Street
Tracy Boulevard to Central Avenue 35
- Glenbriar Drive
Valpico Road to Glenbriar Circle 30
- Glenbrook Drive
Brookview Drive to MacArthur Drive 25
- Grant Line Road
Corral Hollow Road to Tracy Boulevard 40
MacArthur Drive to Skylark Avenue 45
Skylark Avenue to Chrisman Road 45
Chrisman Road to east City Limits 45
Tracy Boulevard to MacArthur Drive 40
West City limits/Byron Road to I-205 40
I-205 to Corral Hollow Road 40
- Hansen Road
Schulte Road to I-205 (City Limits) 50
- Henley Parkway
Bridle Creek Drive to Lowell Avenue 35
- Holly Drive
Clover Road to the north City limits 35
Grant Line Road to Clover Road 30
Eleventh Street to Grant Line Road 25
- International Parkway
Berkeley Road to Schulte Road 45
I-205 (City Limits) to Berkeley Road 45
- Jackson Avenue
Crossroads Drive to Jefferson Parkway 25
- Jefferson Parkway
Eleventh Street to Jackson Avenue 30
- Joe Pombo Parkway
Lowell Avenue to Bridle Creek Drive 35
Bridle Creek Drive to Grant Line Road 35
- Kavanagh Avenue
Corral Hollow Road to Tracy Boulevard 25
Tracy Boulevard to Balboa Drive 25
- Lammers Road
Eleventh Street to Byron Road 40
Eleventh Street to City limits south of Jaguar Run 45
Redbridge Drive to Schulte Road (City
limits) 45
- Lankershire Drive
Montgomery Lane to Byron Road 25
- Larch Road
Tracy Boulevard to Holly Drive 35
- Lauriana Lane
Schulte Road to Cypress Avenue 30
- Lincoln Boulevard
Eleventh Street to Grant Line Road 30
- Linne Road
West City limits to East City limits 50
- Lowell Avenue
Blandford Lane to Orchard Parkway 30
Orchard Parkway to Corral Hollow Road 30
Corral Hollow Road to Lincoln Boulevard 30
Lincoln Boulevard to Tracy Boulevard 30
Tracy Boulevard to East Street 25
- MacArthur Drive
Eleventh Street to I-205 Interchange 40
Fair Oaks Drive to Valpico Road 45
Schulte Road to SPRR Tracks 40
South City limits to Fair Oaks Drive 40
SPRR Tracks to Eleventh Street 35
Valpico to Schulte Road 40
I-205 Interchange to north City limits 40
- Middlefield Drive
Corral Hollow Road to Whispering Wind Drive 35
Whispering Wind Drive to Peony Drive 25
- Mt. Diablo Avenue
Tracy Boulevard to Central Avenue 25
Central Avenue to MacArthur Drive 25
- Naglee Road
Grant Line Road to north City limits 35
- Orchard Parkway
Lowell Avenue to Grant Line Road 35
- Paradise Avenue
Grant Line Road to north City limits 45
- Paradise Road
Grant Line Road to Chrisman Road 40
- Parker Avenue
Eleventh Street to Grant Line Road 25
- Parkside Drive
Winter Lane to Corral Hollow Road 30
- Pescadero Avenue
MacArthur Drive to 2,500' east of MacArthur Drive 35 2,500' east of MacArthur Drive to east City limits 45 - Portola Way
Balboa Drive to Entrada Way 25
Holly Drive to Entrada Way 25
- Presidio Place
Jackson Avenue to Compton Place 25
- Richard Drive
Lincoln Boulevard to Eaton Avenue 25
- Schulte Road
Barcelona Drive to Mabel Josephine Drive 40
Corral Hollow Road to Barcelona Drive 35
Corral Hollow Road to Tracy Boulevard 40
International Parkway to Hansen Road 45
Hansen Road to east City limit 50
Tracy Boulevard to MacArthur Drive 40
- Sequoia Boulevard
Alden Glen Drive to Beechnut Avenue 30
- Sixth Street
Tracy Boulevard to Central Avenue 30
Central Avenue to MacArthur Drive 30
- Starflower Drive
Corral Hollow Road to Dove Drive/Way 25
- Summer Lane
Eleventh Street to Brittany Place 25
- Sycamore Parkway
Tracy Boulevard to Valpico Road 30
Valpico Road to Schulte Road 35
- Tennis Lane
Corral Hollow Road to Jill Drive 25
Tracy Boulevard to Corral Hollow Road 25
- Tenth Street
Civic Center Drive to MacArthur Drive 25
Tracy Boulevard to East Street 25
Tracy Boulevard to MacArthur Drive 25
- Third Street
Central Avenue to Mt. Diablo Avenue 25
- Tracy Boulevard
Grant Line Road to Larch Road 35
Larch Road to the north City limits 40
Linne Road to Valpico Road 45
Lowell Avenue to Grant Line Road 35
Schulte Road to Sixth Street 40
Sixth Street to Lowell Avenue 35
South City limits to Linne Road 45
Valpico to Schulte Road 45
- Valpico Road
Fairoaks Drive to east City limits 45
MacArthur Drive to Fairoaks Drive 40
Tracy Boulevard to MacArthur Drive 40
West City limits to Tracy Boulevard 40
-Western Pacific Way
West City Limits to Corral Hollow Road 50
- Whispering Wind Drive
St. Regis Drive to Tracy Boulevard 30
Tracy Boulevard to Middlefield Drive 30

The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except on the basis of an engineering and traffic survey. The provisions of this section shall not apply in respect to the twenty-five (25) mile per hour prima facie speed limit which is applicable when passing a school building or the grounds thereof City of Tracy
Engineering & Traffic Survey
Report
December 2021
Engi
neering Division
Development Services Department
Attachment E
1 I. Index

Sr.No Item Description Page

1 Index 1
2 Introduction 2
3 Study Procedures 3
4 Traffic & Engineering Studies 5
5 Engineering & traffic surveys recommendations 6
6 Speed Survey Data Sheets 22

2 December
2021

Engineering & Traffic Survey Report

II. INTRODUCTION

This report presents the results of Traffic and Engineering Surveys conducted in the year 2021. The surveys were conducted to establish safe and reasonable speed limits.

The findings of this report will enable the City to justify radar enforcement of speed limits in these roadways, as indicated in Section 40802 of the California Vehicle Code.

Segments of the following City streets were investigated:

• B alboa Drive – Portola Way to Clover Road
• B eechnut Avenue – Sequoia Boulevard to Tracy Boulevard • B everly Place – Lincoln Boulevard to Tracy Boulevard • Chester Drive – Eaton Avenue to Lowell Avenue
• C lover Road – West City Limits to Tracy Boulevard
• C lover Road – Holly Drive to Tracy Boulevard
• Corral Hollow Road – North City Limits to Grant Line Road • Cypress Drive – Corral Hollow Road to Summer Lane
• Eaton Avenue – Richard Drive to Tracy Boulevard
• Eaton Avenue – Tracy Boulevard to East Street
• Henley Parkway – Bridle Creek Drive to Lowell Avenue
• Lankershire Drive – Montgomery Lane to Byron Road
• Lowell Avenue – Tracy Blvd. to East Street
• Lowell Avenue – Lincoln Boulevard to Tracy Boulevard
• Middlefield Drive – Corral Hollow Road to Whispering Wind Drive • Middlefield Drive – Whispering Wind Drive to Peony Drive • Portola Way – Holly Drive to Entrada Way
• Richard Drive – Lincoln Boulevard to Eaton Avenue
• Tenth Street – Civic Center Drive to MacArthur Drive
• Tenth Street – Tracy Boulevard to East Street
• T hird Street – Central Avenue to Mt. Diablo Avenue

3 III. STUDY PROCEDURES

Section 22352, of the California Vehicle Code (CVC) requires a 25 mph prima facie speed limit on streets in residential or business district, 15 mph at railroad grade crossings, highway intersections with sight restrictions and in any alley. However, upon the basis of an Engineering and Traffic survey, a local authority may declare speed limits of 30, 35, 40, 45, 50, 55, 60, or a maximum of 65 mph in order to facilitate the orderly movement of traffic. Section 22356 of CVC currently sets the maximum speed limit at 65 mph. Also, except as provided in Section 22356, it is also required to comply with Section 22349 (b) which states that “Notwithstanding any other provisions of law, no person may drive a vehicle upon a two lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for higher speed by local agency on the bases of an e ngineering and traffic survey ”. Prima facie speed limits can be posted without the need for engineering and traffic surveys.

The required elements in such Engineering and Traffic Survey are outlined in Section 627 of the C VC. This report adopts the afor ementioned guidelines in formulating the recommendations in this report.

The principal elements in this study of the selected streets are highlighted below:

Radar Check

Each street was divided into segments to account for its differing roadway characteristics. Variations in roadway segm ents include street width, and other significant geometric factors and constraints. One speed check was made in each section from an inconspicuously parked, unmarked vehicle. Every effort was made to ensure that the prese nce of the vehicle does not affec t the driving behavior of other motorists. A minimum of 100 samples were taken for each section of roadway. All field data was coded onto forms for subsequent computer analysis.

Data Analysis

For each survey section, computer analysis and calculations were performed on the field data to obtain several key parameters. The computer analysis printouts are included in the appendix of this report. A list of these parameters and a brief discussion of each follow:

50 th Percentile Speed. The 50th percentile speed is the speed above and below which 50 percent of the observed vehicles are trav elling. This is also known as the median or middle speed.

85th Percentile Speed. The 85th percentile speed, or the critical speed, is the speed at or below which 85 per cent of the observed vehicles are traveling.

Traffic engineers generally consider that at least 85 percent of all motorists will drive at speeds that are reasonable and prudent for the prevailing conditions, 4 without the benefit of posted speed limits, si gns, or enforcement. Therefore, the 85th percentile speed is a good preliminary indicator of the appropriate speed limit that can be imposed, after taking into consideration all other secondary factors such as historical collision occurrence, traffic volumes, road features, and other special constraints.

Pace Speed. The pace speed is the ten- mile-per-hour increment that contains the greatest number of observed vehicles. In general, the 85 th percentile speed and the recommended speed limit should lie wi thin the upper range of the pace.

This parameter is also a good indicator of a reasonable and appropriate speed limit.

Range of Speeds. The range of speeds is simply the speeds of the fastest and slowest vehicles obse rved. A large range of speeds, say in excess of 30 mph, indicates unfavorable road conditions that lead to inconsistent traffic stream and great likelihood of traffic collisions.

Average speed. The average speed is a simple arithmetic mean of all speeds observed in a single sample.

Collision Review

After the computer analysis, a good initial estimate of the appropriate speed limit for each of the street sections was determined. However, as a first check, it was necessary to validate these estimates b y carefully reviewing the historical collision occurrences within the last two years. The location and severity of collision occurrences, as well as their frequency were considered before a final speed limit was recommended for each road section.

Field Check

After performing the radar checks, data analyses, and collision review, a final field check was made. While performing a field check, the speed surveyor is fully cognizant of the before mentioned parameters and particularly cogni zant of the 85 th percentile
speeds and the pace speed. The speed surveyor evaluated the appropriateness of these values and noted the significance of other factors such as roadside development, driveways, parked vehicles, emergency shoulder areas, schools and playgrounds, pedestrians, roadway alignment, control, and numerous other intangible factors. These elements were given serious consideration in the determination of a reasonable and safe speed limit.

Reasonable limits are speeds at which motorists would drive without the effects of enforcement of signs.

5 IV. TRAFFIC AND ENGINEERING STUDIES

The following sections present the findings of the Engineering and Traffic surveys .

The 85 th percentile speed and the recommended speed limits for the surveyed roadways are included.
6 V. ENGINEERING & TRAFFIC SURVEY RECOMMENDATIONS

• Balboa Drive

Portola Way t o Clover Road

This segment of B alboa Drive is a two-lane Northbound and Southbound residential collector road. The segment is approximately 0.41 miles in length and 38 feet in width. There are driveways that front the roadway and permitted on street parking. The previously established speed limit in this section is 25 mph.

There were 6 r eported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 23 mph. - 32 mph.
85 th percentile speed 32 mph.
50th percentile speed 28 mph.

The 85
th percentile speed indicates a speed of 32 mph. The presence of residential area, intersections in this segment justifies the downgrading of the 85th p ercentile spe ed by 5 mph. Therefore, it is recommended t hat the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph.

7 • Beechnut Avenue

Sequoia Boulev ard to Tracy Boulevard

This segment of Beechnut Avenue is a two- lane East bound and Westbound residential collector. The segment is approximately 0.28 miles in length and 36 feet i n width. There are driveways that front the roadway and intermediate intersections. The previously established speed limit in this section is 30 mph.

There were 8 reported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 28 mph. - 37 mph.
85 th percentile speed 36 mph.
50th percentile speed 33 mph.

The 85
th percentile speed indicates a speed of 3 6 mph. The presence of driveways, residential area, and intersections in this segment justifies the downgrading of the 85th percentile speed by 5 mph. Therefore, it is recommended that the posted speed limit remains at 30 mph.

The recommended speed limit for this section therefore is 30 mph.

8 • Beverly Place

Lincoln Boulevard to Tracy Boulevard

This segment of Beverly Place is a two-lane Eastbound and Westbound residential collector. The segment is approximately 0.45 miles in length and 38 feet in width. There are driveways that front the roadway and permitted on street parking. The previously established speed limit in this section is 25 mph.

There were 3 reported collisi ons on this roadway from January 2019 to December 2021.

10 mph pace speed 23 mph. - 32 mph.
85 th percentile speed 31 mph.
50th percentile speed 28 mph.

The 85
th percentile speed indicates a speed of 31 mph. The presence driveways, residential area, intersections, curve, and collisions in this segment justifies the downgrading of the 85th percentile speed by 5 mph. Therefore, it i s recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph. 9 • Chester Drive

Eaton Avenue to Low ell Avenue

This segment of Chester Dr ive is a two -lane Northbound and Southbound residential collector. The segment is approximately 0.33 miles in length and 38 feet in width. There are driveways that front the road way, schools, parks, and permitted on street parking. The previously established speed limit in this section is 25 mph.

There were 3 reported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 20 mph. - 29 mph.
85 th percentile speed 30 mph.
50th percentile speed 25 mph.

The 85
th percentile speed indicates a speed of 30 mph. The presence of residential driveways, intersections, collisions , parking, school, and parks in this segment justifies the downgrading of the 85 th percentile speed by 5 mph.

Therefore, it is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph.

10 • Clover Road

West City Limits to Tr acy Boulevard

This segment of Clover Road is a two-lane Eastbound and Westbound residential/commercial collector. The segment is approximately 0.24 miles in length and 37 feet in width. There are driveways and intersections that front the roadway. The previously established speed limit in this section is 25 mph.

There were 32 reported collisions on this roadway fr om January 2019 to December 2021.

10 mph pace speed 21 mph. - 30 mph.
85 th percentile speed 30 mph.
50th percentile speed 26 mph.

The 85
th percentile speed indicates a speed of 30 mph. The presence of residential and commercial driveways, collisions, and intersections in this segment justifies the downgrading of the 85 th percentile speed by 5 mph.

Therefore, it is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph.

Tracy Boulevard to Holly
Drive

This segment of Clover Road is a two -lane Eastbound and Westbound residential/commercial collector. The segment is approximately 0. 49 miles in length and 36 feet in width. There is on street parking and driveways that front the roadway. The previously established speed limit in this section is 25 mph.

There were 42 reported collisions on this roadway fr om January 2019 to December 2021.

10 mph pace speed 23 mph. - 32 mph.
85 th percentile speed 32 mph.
50th percentile speed 28 mph.

The 85
th percentile speed indicates a speed of 32 mph. The presence of residential and commercial driveways, collisions, and intersections in this segment justifies the downgrading of the 85 th percentile speed by 5 mph.

Therefore, it is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph.

11 • Corral Hollow Road

North City Limits to G rant Line Road

This segment of Corral Hollow Road is a four-lane Northbound and Southbound major arterial. The segment is approximately 0. 25 miles in length and 72 feet in width. There are bike lanes, lane mergers, lane drops in this segment. The previously established speed limit in this section is 35 mph.

There were 41 reported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 32 mph. - 41 mph.
85 th percentile speed 41 mph.
50th percentile speed 37 mph.

The 85
th percentile speed indicates a sp eed of 41 mph. The presence of residential driveways, bike lane, intersections, lane merging, and collisions in this segment justifies the downgrading of the 85 th percentile speed by 5 mph.

Therefore, it is recommended that the posted speed limit remains at 35 mph.

The recommended speed limit for this section therefore is 35 mph.

12 • Cypress Drive

Corral Hollow Road to S ummer Lane

This segment of Cypress Drive is a two-lane Eastbound and Westbound residential collector. The segment is approximately 0.37 miles in length and 40 feet in width. There are bike lanes, residential area, and parks. The previously established speed limit in this section is 30 mph.

There were 9 reported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 26 mph. - 35 mph.
85 th percentile speed 34 mph.
50th percentile speed 30 mph.

The 85
th percentile speed indicates a speed of 34 mph. The presence of bike lanes, park s, residential driveways, curves in this segment justifies the downgrading of the 85th percentile speed by 5 mph. Therefore, it is recommended that the posted speed limit remains at 30 mph.

The recommended speed limit for this section therefore is 30 mph.

13 • Eaton Avenue

Richard Drive t o Tracy Boulevard

This segment of Eaton Av enue is a two-lane Eastbound and Westbound residential collector. The segment is approximately 0. 30 miles in length and 37 feet in width. There are residential driveways that front the roadway and permitted on street parking. The previously established speed limit in this section is 25 mph

There were 12 reported collisions on this roadway fr om January 2019 to December 2021.

10 mph pace speed 23 mph. - 32 mph.
85 th percentile speed 32 mph.
50th percentile speed 28 mph.

The 85
th percentile speed indicat es a speed of 32 mph. The Presence of residential driveways, intersections, curve, collisions, parking in this segment justifies downgrading of the 85 th percentile speed by 5 m ph. Therefore, it is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph.

Tracy Boulevard to Eas
t Street

This segment of Tracy Boulevard is a two -lane East bound and Westbound collector roadway. The segment is approximately 0. 71 miles in length and 3 8 feet in width. There are residential driveways that front the roadway, schools, parks, library, hospital and permitted on street parking. The previously established speed limit in this section is 25 mph.

There were 28 reported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 24 mph. – 33 mph.
85 th percentile speed 32 mph.
50th percentile speed 29 mph.

The 85
th percentile speed indicates a speed of 32 mph. The Presence of residential driveways, intersections, schools, collisions, parking, library in this segment justifies downgrading of the 85th percentile speed by 5 m ph. Therefore, it is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph. 14 • Henley Pa rkway

Bridle Creek Drive to L
owell Avenue

This segment of Henley Parkway is a two-lane Nor thbound and Southbound major collector. The segment is approximately 0.35 miles in length and 36 feet in width. There are bike lanes and a curve on the roadway. The previously established speed limit in this section is 35 mph.

There were 2 r eported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 30 mph. - 39 mph.
85 th percentile speed 38 mph.
50th percentile speed 34 mph.

The 85
th percentile speed indicates a speed of 38 mph. The presence of intersections, bike lan e, curve, park , collisions in this segment justifies downgrading of the 85th percentile speed by 5 mph. Therefore, it is recommended that the posted speed limit remains at 35 mph.

The recommended speed limit for this section therefore is 35 mph.

15 • Lankershire Drive

Montgomery Lane to Byron Road

This segment of Lankershire Drive is a two -lane Northbound and Southbound residential collector. The segment is approximat ely 0.30 miles in length and 44 feet in width. There are driveways, intersect ions, parks, on street parking and curves present in the segment. The previously established s peed limit in this section is 25 mph.

There were 7 reported collisions on this roa dway from January 2019 to December 2021.

10 mph pace speed 23 mph. - 32 mph.
85 th percentile speed 32 mph.
50th percentile speed 27 mph.

The 85
th percentile speed indicates a speed of 32 mph. The presence of residential driveways, intersections , curve, collisions, and park in this segment justifies downgrading of the 85 th percentile speed by 5 mph. Therefore, it is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph.

16 • Lowell Avenue

Tracy Boulevard to Ea st Street

This segment of Lowell Avenue is a two -lane Eastbound and Westbound residential collector. The segment is approximately 0.70 miles in length and 3 6 feet in width. There are driveways, on street parking, and speed humps present in the segment. The previously established speed limit in this section is 25 mph.

There were 33 reported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 21 mph. - 30 mph.
85 th percentile speed 29 mph.
50th percentile speed 24 mph.

The 85
th percentile speed indicates a s peed of 29 mph. The presence of intersections, residential driveways, parking in this segment justifies the downgrading of the 85th percentile speed by 5 m ph. Therefor e, it is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph.

Lincoln Boulevard t
o Tracy Boulevard

This segment of Lowell Avenue is a four-lane Eastbound and Westbound minor arterial. The segment is approximately 0.46 miles in length and 62 feet in width.

There are driveways, on street parking, school, and park present in the segment.

The previously established speed limit in this section is 30 mph.

There were 25 reported collision s on this roadw ay from January 2019 to December 2021.

10 mph pace speed 299 mph. - 38 mph.
85 th percentile speed 37 mph.
50th percentile speed 34 mph.

The 85
th percentile speed indicates a speed of 37 mph. The presence of residential driveways, int ersections, school , collisions, parking, and park in this segment justifies the downgrading of the 85 th percentile speed by 5 mph.

Therefore, it is recommended that the posted speed limit remains at 30 mph.

The recommended speed limit for this section therefore is 30 mph. 17 • Middlefield Drive

Corral Hollow Road to Whi spering Wind Drive

This segment of Middlefield Drive is a two-lane Eastbound and Westbound major collector roadway . The segment is approximately 0. 33 miles in length and 48 feet in width. T here are bike lanes along the segment . The previously established speed limit in this section is 35 mph.

There were 7 reported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 31 mph. - 40 mph.
85 th percentile speed 40 mph.
50th percentile speed 36 mph.

The 85
th percentile speed indicates a speed of 40 mph. The presence of bike lanes, intersections, collisions, and curve in this segment justifies the downgrading of the 85th percentile speed by 5 mph. Therefore, it is recommended that the posted speed limit remains at 35 mph.

The recommended speed limit for this section therefore is 35 mph.

Whispering Win
d Drive to Peony Drive

This segment of M iddlefield Drive is a two-lane Eastbound and Westbound residential collector roadway. The segment is approximately 0.19 miles in length and 48 feet in width. There are residential driveways and on street parking along the segment. The previously established speed limit in this section is 25 mph.

There were 4 reported coll isions on this roadway from January 2019 to December 2021.

10 mph pace speed 22 mph. - 31 mph.
85 th percentile speed 31 mph.
50th percentile speed 26 mph.

The 85
th percentile speed indicates a speed of 31 mph. The presence of driveways, residential area, intersections in this segment justifies the downgrading of the 85th percentile speed by 5 mph. Therefore, it is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph.

18 • Portola Way

Holly Drive to En trada Way

This segment of P ortola Way is a two-lane Northbound and S outhbound residential collector. The segment is approximately 0. 26 miles in length and 38 feet in width. There are intersections and on street parking along the segm ent.

The previously established speed limit in this section is 25 mph.

There were 10 reported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 23 mph. - 32 mph.
85 th percentile speed 31 mph.
50th percentile speed 28 mph.

The 85
th percentile speed indicates a speed of 31 mph. The presence of residential driveways, intersections, justifies the downgrading of the 85th percentile speed by 5 mph. Therefore, it is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph. 19 • Richard Drive

Lincoln Boulevard t o Eaton Avenue

This segment of Richard Drive is a two -lane Eastbound and Westbound residential collector. The segment is approximately 0. 14 miles in length and 36 feet in width. There are driveways and on street parking along the segment. The previously established speed limit in this section is 25 mph.

There was 1 reported collision on this roadway from January 2019 to December 2021.

10 mph pace speed 18 mph. - 30 mph.
85 th percentile speed 26 mph.
50th percentile speed 22 mph.

The 85
th percentile speed indicates a speed of 26 mph. It is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph.

20 • Tenth S treet

Civic Center Drive to MacArthur Drive

This segment of Tenth Street is a two-lane Eastbound and Westbound collector roadway. The segment is approximately 0.15 miles in length and 40 feet in width.

There are industrial businesses and driveways along the segment . The previously established speed limit in this section is 25 mph.

There were 2 reported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 19 mph. - 28 mph.
85 th percentile speed 28 mph.
50th percentile speed 24 mph.

The 85
th percentile speed indicates a speed of 28 mph. The presence of driveways in this segment justifies the downgrading of the 85th percentile speed by 5 mph. Therefore, it is recommended that the posted speed li mit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph.

Tracy Boulevard to East Str
eet

This segment of Tenth Street is a two-lane Eastbound and Westbound residential collector. The segment is approximately 0.83 miles in length and 32-56 feet in width. T here are driveways and parking permitted along the segment. The previously established speed limit in this section is 25 mph.

There were 28 reported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 22 mph. - 31 mph.
85 th percentile speed 31 mph.
50th percentile speed 27 mph.

The 85
th percentile speed indicates a speed of 31 mph. The presence of residential driveways, intersections, school , collisions, parking, downtown in this segment justifies the downgrading of the 85 th percentile speed by 5 mph.

Therefore, it is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph.

21 • Third Street

Central Avenue t
o Mt. Diablo Avenue

This segment of Third Street is a two -lane Northbound and Southbound residential collector. The segment is approximately 0.45 miles in length and 3 6 feet in width. There are residential driveways, on street parking, and driveways on the roadway. The previously established speed limit in this section is 25 mph.

There wer e 4 reported collisions on this roadway from January 2019 to December 2021.

10 mph pace speed 25 mph. - 34 mph.
85 th percentile speed 32 mph.
50th percentile speed 30 mph.

The 85
th percentile speed indicates a speed of 32 mph. The presence of residential driveways, intersections , curve, collisions, and park in this segment justifies the downgrading of the 85th percentile speed by 5 mph. Therefore, it is recommended that the posted speed limit remains at 25 mph.

The recommended speed limit for this section therefore is 25 mph. 22 VI. SPEED SURVEY DATA SHEETS

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 18 5
End Time: Land use: 19 0
Day: Type: 20 0
Weather: Posted Limit: 21 3
22 1
23 8
24 4
28 25 12
18 50 32 26 13
23 32 27.91 27 6
28 7
29 9
30 8
31 7
32 9
33 3
34 0
35 0
36 2
37 4
38 1
39 1
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 1
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
Total 104
Total 6 Collisions
Recommended speed limit = 25 MPH
85th percentile indicates speed of 32 MPH
Presence of residential area, intersections
in this segment justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane Residential Collector (0.41 Mi, 38') Volume (if known)
Parking Considerations Parking permitted in this segment Other Considerations Residential Area, Intersections

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 104 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
12:40 PM Residential
Tuesday Collector
10:00 AM NB/SB
Sunny and Clear 25

SUMMARY STATISTICS
8/31/2021 ET
Balboa Drive between Portola Way and Clover Road DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 0
Day: Type: 22 0
Weather: Posted Limit: 23 2
24 1
25 2
26 2
33 27 1
23 43 36 28 8
28 37 32.39 29 9
30 8
31 8
32 8
33 17
34 7
35 12
36 9
37 2
38 4
39 2
40 0
41 1
42 1
43 1
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 105
Total 8 Collisions
Recommended speed limit = 30 MPH
85th percentile indicates speed of 36 MPH
Presence of driveways, residential area, intersections
in this segment justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane Residential Collector (0.28 Mi, 36') Volume (if known)
Parking Considerations Parking permitted in this segment Other Considerations Residential Driveways, Intermediate intersecitons

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 105 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
4:00 PM Residential
Thursday Collector
2:40 PM EB/WB
Sunny and Clear 30

SUMMARY STATISTICS
7/8/2021 ET
Beechnut Avenue between Tracy Blvd and Sequoia Blvd DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 3
Day: Type: 22 2
Weather: Posted Limit: 23 6
24 11
25 9
26 19
28 27 5
21 39 31 28 23
23 32 27.98 29 10
30 16
31 10
32 9
33 3
34 2
35 0
36 1
37 1
38 0
39 2
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 132
Total 3 Collisions
Recommended speed limit = 25 MPH
85th percentile indicates speed of 31 MPH
Presence of driveways, residential area, intersections
curve and collisions in this segment justifies
downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane residential collector roadway (0.45 Mi, 38') Volume (if known)
Parking Considerations Parking permitted in this segment Other Considerations Residential driveways, intermediate intersections,

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 132 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
3:00 PM Resdiential
Tuesday Residential Collector
1:30 PM EB/WB
Sunny and Clear 25

SUMMARY STATISTICS
1/11/2022 ET
Beverly Place between Tracy Blvd. and Lincoln Blvd. DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 012345678910111213141516171819202122232425
Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 12
End Time: Land use: 21 11
Day: Type: 22 7
Weather: Posted Limit: 23 10
24 16
25 13
26 8
25 27 10
20 40 30 28 9
20 29 25.70 29 4
30 7
31 4
32 7
33 2
34 3
35 0
36 1
37 0
38 0
39 0
40 1
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 125
Total 3 Collisions
Recommended speed limit = 25 MPH
85th percentile indicates speed of 30 MPH
Presence of residential driveways, intersections, collisions parking, school and park in this segment justifies
downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane residential collector (0.33 Mi, 38') Volume (if known)
Parking Considerations Parking permitted on both sides
Other Considerations Schools in vicinity, resdientail driveways

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 125 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
5:00 PM Residential
Wednesday Residential Collector
2:50 PM NB/SB
Sunny and Clear 25

SUMMARY STATISTICS
10/13/2021 ET
Chester Drive between Eaton Avenue and Lowell Avenue DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 19 0
End Time: Land use: 20 0
Day: Type: 21 3
Weather: Posted Limit: 22 2
23 7
24 8
25 10
28 26 9
21 38 32 27 15
23 32 28.20 28 9
29 16
30 17
31 7
32 9
33 2
34 2
35 2
36 2
37 1
38 2
39 0
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
Total 123
Total 42 Collisions
Recommended speed limit = 25 MPH
85th percentile indicates speed of 32 MPH
Presence of residential and commercial driveways,
collisions, and intersections in this segment justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout 2-Lanes Collector, resid. and comm. dwy(0.49 Mi, 36') Volume (if known)
Parking Considerations On street parking along major portion permitted Other Considerations Residential Area

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 123 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
11:25 AM Residential/Commercial
Tuesday Collector
10:00 AM EB/WB
Sunny and Clear 25

SUMMARY STATISTICS
7/14/2021 ET
Clover Road between Holly Drive and Tracy Blvd. DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 12
Day: Type: 22 11
Weather: Posted Limit: 23 7
24 11
25 15
26 13
26 27 8
21 37 30 28 9
21 30 26.09 29 11
30 4
31 5
32 3
33 2
34 1
35 0
36 1
37 2
38 0
39 0
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 115
Total 32 Collisions
Recommended speed limit = 25 MPH
85th percentile indicates speed of 30 MPH
Presence of residential and commercial driveways,
collisions, and intersections in this segment justifies downgrading speed limit by 5 mph.

Date Period 1/1/2019 - 12/31/2021
Street layout 2-Lanes Collector, resid. and comm. dwy(0.24 Mi, 37') Volume (if known)
Parking Considerations No Parking permited in major portion of the segment Other Considerations Residential driveways, Commercial driveways

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 115 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
4:40 PM Residential/Commerical
Tuesday Collector
2:15 PM EB/WB
Sunny and Clear 25

SUMMARY STATISTICS
7/20/2021 ET
Clover Road between West City Limits and Tracy Blvd. DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 0
Day: Type: 22 0
Weather: Posted Limit: 23 0
24 0
25 0
26 0
37 27 0
28 51 41 28 2
32 41 37.08 29 0
30 3
31 3
32 4
33 3
34 12
35 14
36 13
37 11
38 6
39 5
40 13
41 8
42 3
43 1
44 5
45 1
46 0
47 1
48 0
49 0
50 0
51 1
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 109
10:45 AM NB/SB
Sunny and Clear 35

SUMMARY STATISTICS
7/8/2021 ET
Corral Hollow Road between Grant Line Road and North City Limits DATA COLLECTED 11:45 AM Residential
Thursday Major Arterial
Total Observed (vehicles) 109 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout 4-lane major arterial rd w/wide med. island(0.25 Mi, 72') Volume (if known)
Parking Considerations No Parking permitted in this segment Other Considerations Bike Lane, Lane Merge, Lane drop, intersecitons, Mall entry

RECOMMENDATIONS & NOTES
Number of Accidents Total 41 Collisions
Recommended speed limit = 35 MPH
85th percentile indicates speed of 41 MPH
Presence of residential driveways, bike lane, intersections lane merging, and collisions this segment justifies
downgrading speed limit by 5 mph.

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 0
Day: Type: 22 0
Weather: Posted Limit: 23 2
24 6
25 2
26 7
30 27 7
23 42 34 28 15
26 35 30.53 29 10
30 8
31 6
32 8
33 8
34 11
35 3
36 2
37 2
38 1
39 0
40 2
41 3
42 1
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 104
Total 9 Collisions
Recommended speed limit = 30 MPH
85th percentile indicates speed of 34 MPH
Presence of bikelane, residential driveways, intersections curve, collisions, and park in this segment justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout 2 lane collector with wide median island (0.37 Mi, 40') Volume (if known)
Parking Considerations No Parking permitted in this segment Other Considerations Bike Lane, Park, Residential Area, Intersections, Curve

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 104 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
5:40 PM Residential
Thursday Collector
4:20 PM EB/WB
Sunny and Clear 30

SUMMARY STATISTICS
7/8/2021 ET
Cypress Drive between Corral Hollow Road and Summer Lane DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 3
Day: Type: 22 3
Weather: Posted Limit: 23 2
24 8
25 17
26 6
29 27 8
21 36 32 28 7
24 33 28.18 29 14
30 9
31 8
32 15
33 3
34 3
35 1
36 2
37 0
38 0
39 0
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 109
Total 28 Collisions
Recommended speed limit = 25 MPH
85th percentile indicates speed of 32 MPH
Presence of residential driveways, intersections, schools collisions, parking, library in this segment justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane collector roadway (0.71 Mi, 38') Volume (if known)
Parking Considerations Parking permitted in this segment Other Considerations Schools, Library, Hospital, Intermed. intersections, park

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 109 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
11:45 AM Residential/Commercial
Thursday Collector
9:25 AM EB/WB
Sunny and Clear 25

SUMMARY STATISTICS
7/29/2021 ET
Eaton Avenue between Tracy Blvd. and East Street DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 1
End Time: Land use: 21 5
Day: Type: 22 1
Weather: Posted Limit: 23 9
24 7
25 1
26 11
28 27 7
20 39 32 28 16
23 32 28.28 29 13
30 11
31 6
32 8
33 4
34 2
35 3
36 2
37 0
38 2
39 1
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 110
Total 12 Collisions
Recommended speed limit = 25 MPH
85th percentile indicates speed of 32 MPH
Presence of residential driveways, intersections
curve, collisions, and hospital in this segment justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two lane with residential driveways (0.30 Mi, 37') Volume (if known)
Parking Considerations On Streeet Parking allowed
Other Considerations Residential area , interemdiate intersections

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 110 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
3:05 PM Resdiential/Commercial
Wednesday Residential Collector
1:30 PM EB/WB
Sunny and Clear 25

SUMMARY STATISTICS
10/20/2021 ET
Eaton Avenue between Tracy Blvd. and Richard Avenue DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 0
Day: Type: 22 0
Weather: Posted Limit: 23 0
24 0
25 2
26 2
34 27 0
25 42 38 28 3
30 39 34.03 29 4
30 8
31 14
32 11
33 7
34 7
35 7
36 10
37 11
38 8
39 5
40 5
41 1
42 3
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 108
Total 2 Collisions
Recommended speed limit = 35 MPH
85th percentile indicates speed of 38 MPH
Presence of intersections, bike lane, curve, park
collisions in this segment justifies
downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane, Curve, Bike Lane (0.35 Mi, 36') Volume (if known)
Parking Considerations No on street parking
Other Considerations Residential Subdivisions

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 108 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
11:30 AM Resdiential/Commercial
Tuesday Major Collector
10:10 AM NB/SB
Sunny and Clear 35

SUMMARY STATISTICS
7/13/2021 ET
Henley Parkway Between Lowell Avenue and Bridle Creek Drive DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 2
End Time: Land use: 21 6
Day: Type: 22 2
Weather: Posted Limit: 23 4
24 9
25 7
26 16
27 27 12
20 39 32 28 7
23 32 27.69 29 11
30 10
31 5
32 10
33 2
34 1
35 0
36 2
37 2
38 1
39 1
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 110
Total 7 Collisions
Recommended speed limit = 25 MPH
85th percentile indicates speed of 32 MPH
Presence of residential driveways, intersections
curve, collisions, and park in this segment justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane residential collector (0.30 Mi, 44') Volume (if known)
Parking Considerations Parking permitted in this segment Other Considerations Residential Area, Driveways, Intersections, Park, Curve

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 110 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
11:00 AM Residential
Tuesday Collector
10:00 AM NB/SB
Sunny and Clear 25

SUMMARY STATISTICS
11/16/2021 ET
Lankershire Drive between Montgomery Lane and Byron Road DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 0
Day: Type: 22 0
Weather: Posted Limit: 23 0
24 1
25 0
26 2
34 27 3
24 43 37 28 2
29 38 33.85 29 6
30 8
31 11
32 15
33 15
34 18
35 18
36 8
37 16
38 4
39 6
40 3
41 1
42 2
43 1
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 140
Total 25 Collisions
Recommended speed limit= 30 MPH
85th percentile indicates speed of 37 MPH
Presence of residential driveways, intersections, school collisions, parking, and park in this segment justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Four Lane Road, Residential Driveways (0.46 Mi, 62') Volume (if known)
Parking Considerations Parking permitted
Other Considerations Schools and Park frontage, No median left turn lane

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 140 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
10:40 AM Residential
Tuesday Minor Arterial
9:20 AM EB/WB
Sunny and Clear 30

SUMMARY STATISTICS
8/3/2021 ET
Lowell Avenue between Lincoln Blvd. and Tracy Blvd. DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 19 6
End Time: Land use: 20 0
Day: Type: 21 16
Weather: Posted Limit: 22 10
23 13
24 13
25 9
24 26 6
19 36 29 27 4
21 30 24.77 28 7
29 6
30 6
31 1
32 0
33 0
34 2
35 0
36 3
37 0
38 0
39 0
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
Total 102
Total 33 Collisions
Recommended speed limit = 25 MPH
85th percentile indicates speed of 29 MPH
Presence of intersections, residential driveways, parking in this segment justifies downgrading
speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout 2 Lane, Residential collector, Res. Dwys (0.70 Mi, 36') Volume (if known)
Parking Considerations Parking on both sides of the Roadway Other Considerations Speed Humps, Residential Area

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 102 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
3:30 PM Resdiential
Wednesday Collector
2:00 PM EB/WB
Sunny and Clear 25

SUMMARY STATISTICS
10/6/2021 ET
Lowell Avenue between Tracy Blvd. and East Street DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 0
Day: Type: 22 0
Weather: Posted Limit: 23 0
24 0
25 0
26 1
36 27 0
26 48 40 28 1
31 40 35.89 29 3
30 3
31 9
32 7
33 3
34 12
35 16
36 15
37 8
38 11
39 9
40 8
41 6
42 3
43 0
44 1
45 1
46 0
47 0
48 1
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 118
Total 7 Collisions
Recommended speed limit= 35 MPH
85th percentile indicates speed of 40 MPH
Presence of bike lanes, intersections, collisions, and curve justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane Major Collector Roadway, Curve (0.33 Mi, 48') Volume (if known)
Parking Considerations No Parking permitted in the segment Other Considerations Bike Lane, Residential Subdivisions

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 118 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
3:00 PM Residential
Wednesday Major Collector
1:50 PM EB/WB
Sunny and Clear 35

SUMMARY STATISTICS
8/11/2021 ET
Middlefield Drive between Corral Hollow Rd. and Whispering Wind Dr. DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 18 5
End Time: Land use: 19 1
Day: Type: 20 0
Weather: Posted Limit: 21 5
22 5
23 7
24 7
26 25 7
18 41 31 26 17
22 31 26.53 27 10
28 11
29 4
30 5
31 9
32 3
33 2
34 1
35 1
36 0
37 0
38 0
39 0
40 0
41 2
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
Total 102
Total 4 Collisions
Recommended speed limit = 25 MPH
85th percentile indicates speed of 31 MPH
Presence of driveways, residential area, intersections
in this segment justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane residential collector, curve (0.19 Mi, 48') Volume (if known)
Parking Considerations Parking permitted in this segment Other Considerations Residential Driveways,

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 102 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
5:30 PM Residential
Friday Collector
3:10 PM NB/SB
Sunny and Clear 25

SUMMARY STATISTICS
9/1/2021 ET
Middlefield Drive between Whispering Wind Drive and Peony Drive DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 4
Day: Type: 22 2
Weather: Posted Limit: 23 6
24 8
25 15
26 12
28 27 6
21 40 31 28 15
23 32 27.63 29 5
30 17
31 6
32 3
33 1
34 1
35 5
36 0
37 0
38 1
39 0
40 1
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 108
Total 10 Collisions
Recommended speed limit = 25 MPH
85th percentile indicates speed of 31 MPH
Presence of residential driveways, intersections, justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane residential collector (0.26 Mi, 38') Volume (if known)
Parking Considerations Parking permitted in this segment Other Considerations Residential Area, intersections,

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 108 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
5:05 PM Residential
Wednesday Collector
3:05 PM NB/SB
Sunny and Clear 25

SUMMARY STATISTICS
7/7/2021 ET
Portola Way between Holly Drive and Entrada Way DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 15 0
End Time: Land use: 16 0
Day: Type: 17 3
Weather: Posted Limit: 18 6
19 7
20 15
21 13
22 22 16
17 30 26 23 13
18 27 22.51 24 17
25 5
26 5
27 5
28 4
29 2
30 2
31 0
32 0
33 0
34 0
35 0
36 0
37 0
38 0
39 0
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
Total 113
Total 1 Collision
Recommended speed limit = 25 MPH
85th percentile indicates speed of 26 MPH

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane residential collector (0.14 Mi, 36') Volume (if known)
Parking Considerations Parking permitted in this segment Other Considerations Residential Area, Driveways

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 113 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
5:30 PM Residential
Wednesday Collector
3:15 PM EB/WB
Sunny and Clear 25

SUMMARY STATISTICS
12/8/2021 ET
Richard Drive between Lincoln Blvd. and Eaton Avenue DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 15 0
End Time: Land use: 16 1
Day: Type: 17 1
Weather: Posted Limit: 18 3
19 7
20 10
21 6
24 22 13
16 33 28 23 10
19 28 23.83 24 15
25 12
26 4
27 5
28 11
29 1
30 1
31 3
32 3
33 1
34 0
35 0
36 0
37 0
38 0
39 0
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
Total 107
Total 2 Collisions
Recommended speed limit= 25 MPH
85th percentile indicates speed of 28 MPH
Presence of driveways in this segment justifies
downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane collector roadway (0.15 Mi, 40') Volume (if known)
Parking Considerations No Parking permitted in this segment Other Considerations Industrial, Trucks, Pedestrians

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 107 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
12:00 PM Industrial/Commercial
Wednesday Collector
10:00 AM EB/WB
Sunny and Clear 25

SUMMARY STATISTICS
10/27/2021 ET
Tenth Street between Civic Center Drive and MacArthur Drive DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 4
Day: Type: 22 9
Weather: Posted Limit: 23 7
24 12
25 16
26 9
27 27 12
21 36 31 28 17
22 31 26.96 29 8
30 10
31 6
32 7
33 5
34 0
35 1
36 1
37 0
38 0
39 0
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 124
Total 28 Collisions
Recommended speed limit= 25 MPH
85th percentile indicates speed of 31 MPH
Presence of residential driveways, intersections, school collisions, parking, downtown in this segment justifies downgrading speed limit by 5 mph.

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane residential collector (0.83 Mi, 32-56') Volume (if known)
Parking Considerations Parking permitted in this segment Other Considerations Angled parking, residential area, interections, Downtown

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 124 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
3:10 PM Downtown Business/Resident
Thursday Collector
1:45 PM EB/WB
Sunny and Clear 25

SUMMARY STATISTICS
10/27/2021 ET
Tenth Street between Tracy Blvd. and East Street DATA COLLECTED

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 Cumulative Percentages
Speed of Vehicles
Number of Vehicles

VEHICLE SPEED SURVEY REPORT
Location:

Date: Recorder: Speed Samples
Begin Time: Direction: 20 0
End Time: Land use: 21 1
Day: Type: 22 2
Weather: Posted Limit: 23 0
24 4
25 8
26 8
30 27 6
21 38 32 28 9
25 34 29.47 29 12
30 13
31 20
32 17
33 5
34 5
35 1
36 0
7/27/2021 37 1
38 1
39 0
40 0
41 0
42 0
43 0
44 0
45 0
46 0
47 0
48 0
49 0
50 0
51 0
52 0
53 0
54 0
55 0
56 0
57 0
58 0
59 0
60 0
61 0
62 0
63 0
64 0
65 0
Total 113
Total 4 Collisions
85th percentile indicates speed of 32 MPH
Presence of residential driveways, intersections
curve, collisions, and park in this segment justifies downgrading speed limit by 5 mph.

Recommended speed limit = 25 MPH

ANALYSIS INFORMATION
Date Period 1/1/2019 - 12/31/2021
Street layout Two Lane residential collector (0.45 Mi, 36') Volume (if known)
Parking Considerations Parking Permitted in the area
Other Considerations Residential Area, Park, Driveways, intersections

RECOMMENDATIONS & NOTES
Number of Accidents
Total Observed (vehicles) 113 50th Percentile (mph)
Speed Range (mph) 85th Percentile (mph)
10 Mph Pace (mph) Average Speed (mph)

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED
11:25 PM Residential
Tuesday Collector
9:25 PM North/South
Sunny and Clear

SUMMARY STATISTICS
7/27/2021 ET
Third Street between Mt. Diablo and Central Avenue DATA COLLECTED 25 0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%
100.0%
110.0%
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
Cumulative Percentages
Speed of Vehicles
Number of Vehicles

September 6, 2022
AGENDA ITEM 3.C

RECOMMENDA
TION
STAFF

RECOMMENDS THAT THE CITY COUNCIL ADOPT THE FOLLOWING

RESOLUTIONS TO FURTHER COMPLY WITH THE JUDGMENT AND PEREMPTORY WRIT OF MANDATE IN MITRACOS V. CITY OF TRACY, ET AL., SAN JOAQUIN COUNTY SUPERIOR COURT CASE NO. STK-CV-UWM-2018-5531:
(1) A RESOLUTION RESCINDING RESOLUTION NO. 2020-154 APPROVING FINAL

AQUATIC CENTER CONCEPTUAL PLAN WITH A NOT-TO-EXCEED AMOUNT OF $65 MILLION INCLUDING CONTINGENCY AND SOFT COSTS;
(2) A RESOLUTION RESCINDING RESOLUTION NO. 2019-78 APPROVING THE

AGREEMENT FOR DEFERRAL OF CERTAIN IMPACT FEES FOR ELLIS GARDENS PHASE 1- 3 (TRACT 3877, TRACT 3906, AND TRACT 3907); AND (3) A RESOLUTION RESCINDING RESOLUTION NO. 2021-116 APPROVING THE

AGREEMENT FOR DEFERRAL OF CERTAIN IMPACT FEES FOR ELLIS TOWN AND COUNTRY (TRACT 4007)

EXECUTIVE

SUMMARY
This agenda item is to request the City Council to take certain actions with respect to the unwinding of the Second Amendment, to further comply with the Judgment and Peremptory Writ of Mandate (Writ) in Mitracos v. City of Tracy, et al., San Joaquin County Superior Court Case No. STK-CV-UWM-2018-5531. Specifically, the actions requested in this agenda item are that the City Council adopt three Resolutions that would, together, rescind the Conceptual Plans for the Aquatic Center as designed by Surland Communities, LLC (Surland) pursuant to the Second Amendment and two fee deferral agreements authorized by the Second Amendment.

On August 16, 2022, the City Council introduced Ordinances to rescind Ordinance 1253 and the 2018 Second Amendment to the Development Agreement. The adoption of these two Ordinances is on the consent calendar for this same Septem ber 6, 2022 meeting. The City remains obligated to take additional actions to further comply with the Judgment and Writ, including to rescind and unwind actions previously taken to implement the invalidated Second Amendment. The City must also inform the Superior Court of actions it has taken to comply with the Judgment and Writ. As such, City staff and the
City Attorney are conferring with Surland to attempt to align on an orderly path forward to accomplish the required unwinding actions, without either party suffering any unintended or unlawful consequences.

City staff and the City Attorney are continuing to evaluate additional actions that may need to be taken to rescind and unwind the Second Amendment and will return to Council at future meetings, for consideration and approval of these actions as needed.

Agenda Item 3.C
September 6, 2022

BACKGROUND
The City
of Tracy (City) and Surland have been parties with one another in a longstanding development agreement, dating as far back as 2009, with respect to Surland’s development of real property located in the Ellis Specific Plan area. The original development agreement was invalidated during a court proceeding, and in 2013, the City Council adopted an ordinance approving an Amended and Restated Development Agreement with Surland Communities, LLC (2013 Development Agreement), and subsequently, the City entered into the 2013 Development Agreement with Surland.

In 2018, t
he City Council adopted Ordinance 1253 (Ordinance 1253), an Ordinance of the City of Tracy Approving the Second Amendment to the Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC, and subsequently the City entered into the Second Amendment to the 2013 Development Agreement (2018 Second Amendment to Development Agreement).

The 2018 Second A
mendment to Development Agreement provided a process by which Surland could ask the City Council to exercise its legislative discretion to approve a further amendment to the 2013 Development Agreement to add additional property, which properties could be eligible for Residential Growth Allotments (RGAs) under the 2013 Development Agreement.

In additi
on, the 2018 Second Amendment to the Development Agreement revised the City’s and Surland’s respective responsibilities, rights, and obligations with respect to the development of a public swim center (Aquatic Center), providing, among other things, that Surland would facilitate design and construction services for the Aquatic Center, in lieu of making certain monetary payments to the City, and dedicate land for the Aquatic Center, and the City would provide fee deferrals and credits to Surland and its assignees.

Mary Mitra
cos filed a lawsuit against the City and Surland challenging the legality of Ordinance 1253 and the 2018 Second Amendment to Development Agreement.

In 2020, t
he San Joaquin County Superior Court entered Judgment (Judgment) in Ms.

Mitracos’ favor and issued a Peremptory Writ of Mandate (Writ) ordering the City (i) to rescind and set aside Ordinance 1253 and the 2018 Second Amendment to Development Agreement, (ii) not to take any action to implement the Second Amendment, and (iii) to rescind any actions that were taken to implement Ordinance 1253 and the Second Amendment. The City and Surland appealed. In May 2022, the Court of Appeal denied the appeal and affirmed the Superior Court, and in July 2022 remitted the case back to the Superior Court.

As noted
above, on August 16, 2022, the City Council introduced two Ordinances to rescind, respectively, Ordinance 1253 and the 2018 Second Amendment to the Development Agreement. The adoption of these two Ordinances is on the consent calendar for this same September 6, 2022 Council meeting. The City remains obligated to take additional actions to further comply with the Judgment and Writ, including rescinding and unwinding actions previously taken to implement the invalidated Second Agenda Item 3.C
September 6, 2022

Amendment. The City must also inform the Superior Court of actions it has taken to comply with the Judgment and Writ. As such, City staff and the City Attorney are conferring with Surland to attempt to align on an orderly path forward to accomplish the required unwinding actions, without either party suffering any unintended or unlawful consequences.

City staff now recommends that the City Council a dopt the recommended Resolutions.

City staff and the City Attorney continue to evaluate additional actions that may need to be taken to fully unwind the 2018 Second Amendment to Development Agreement and Ordinance 1253. Staff will return to the City Council for additional approval, as may be neces
sary to fully “unwind” the 2018 Second Amendment to Development Agreement.

Staff will return to the City Council for appr oval, as needed, to implement any such additional actions.

ANALYSIS
The City
is obligated to comply with the Judgment and Writ—which are final and not subject to further appeal—and to return to the Superior Court to inform the Court as to the actions taken to comply and ask the Court to discharge the Writ.

In addition
to obligating the City to set aside, rescind, and vacate Ordinance 1253 and the 2018 Second Amendment to Development Agreement, and not to take any action to implement the Second Amendment, the Judgment and Writ obligate the City to rescind (“unwind”) any actions that were taken to implement Ordinance 1253 and the Second Amendment.

The City
has already acted to set aside, rescind, and vacate Ordinance 1253 and the 2018 Second Amendment to Development Agreement, and has not taken and will not take any action to implement the Second Amendment.

The City
must also take necessary recession actions, including the rescission actions now proposed, in particular to rescind the City’s approval of the Conceptual Plan for Surland to design and construct the Swim Center, and the two fee deferral agreements.

FISCAL
IMPACT
Surland i
s responsible to cover all City costs and expenses associated with this lawsuit pursuant to a hold harmless and indemnity provision of the Development Agreement.

As to
the rescission of the Conceptual Plan for the Aquatic Center, any new plans for the Aquatic Center would have to be funded by the City.

As to
the rescission of the Fee Deferral Agreements, the City will receive immediately fees that previously were deferred for two major projects within the Ellis Specific Plan.

PUBLIC

OUTREACH/ INTEREST
Not applic
able, as this is a court proceeding.

Agenda Item 3.C
September 6, 2022

COORDINATION
Multipl
e departments of the City are working together to identify the requisite actions that need to be taken to fully unwind the 2018 Second Amendment to Development Agreement.

CEQA DETE

RMINATION
Adoption of
the proposed resolutions is not a project within the meaning of the California Environmental Quality Act (“CEQA”), including as the term “project” is defined by section 15378 of the CEQA Guidelines, including without limitation because the adoption of the resolutions is a ministerial action not subject to and exempt from CEQA (see section 15268 of the CEQA Guidelines), and that even if it were a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.

STRATEGI
C PLAN
Not applicable, as this is a court proceeding.

ACTION

REQUESTED OF THE CITY COUNCIL
Staff
recommends that the City Council adopt the following Resolutions to further comply with the Judgment and Peremptory Writ of Mandate in Mitracos v. City of Tracy, et al., San Joaquin County Superior Court Case No. STK-CV-UWM-2018- 5531:

1. A Resolution Rescinding Resolution No. 2020-154 Approving Final Aquatic Center Conceptual Plan with a Not-to-Exceed Amount of $65 Million Including Contingency and Soft Costs;

2. A Resolution Rescinding Resolution No. 2019-78 Approving the Agreement for Deferral of Certain Impact Fees for Ellis Gardens Phase 1- 3 (Tract 3877, Tract 3906, and Tract 3907); and

3. A Resolution Rescinding Resolution No. 2021-116 Approving the Agreement for Deferral of Certain Impact Fees for Ellis Town and Country (Tract 4007).

Respectful
ly submitted,
Bijal
M. Patel
City Attorney

APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE
TRACY

CITY COUNCIL
RESOL
UTION NO. 2022-___
RESOL
UTION RESCINDING RESOLUTION NO. 2020-154 APPROVING FINAL

AQUATIC CENTER CONCEPTUAL PLAN WITH A NOT-TO-EXCEED AMOUNT OF $65 MILLION INCLUDING CONTINGENCY AND SOFT COSTS
WHEREAS, on March 19, 2013, the City Council adopted Ordinance 1182 (Ordinance 1182), an Ordinance of the City of Tracy Approving an Amended and Restated Development Agreement with Surland Communities, LLC, with respect to the development of real property in the Ellis Specific Plan area; and
WHEREAS, pursuant to Ordinance 1182, the City of Tracy (City) and Surland Communities, LLC (Surland) executed and entered into the Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC, dated April 18, 2013 (“2013 Development Agreement”); and WHEREAS, the 2013 Development Agreement provided that, among other things:

Surland would pay the City $10 Million—by an initial first installment of $2 Million followed by a second installment of $8 Million—to fund the design and construction of the Aquatic Center and offer to
dedicate 16 acres of land for the Aquatic Center; and
WHEREAS, Surland has paid the first installment of $2 Million and provided an Irrevocable Land Dedication Offer, which the City recorded; and WHEREAS, on June 3, 2014, the City Council adopted Ordinance 1194 (Ordinance 1194), an Ordinance of the City of Tracy Approving First Amendment to Amended and Restated Development Agreement with the Surland Communities, LLC; and WHEREAS, pursuant to Ordinance 1194, the City and Surland executed and entered into the First Amendment to Amended and Restated Development Agreement By and Between the
City of Tracy and Surland Communities, LLC, dated July 3, 2014; and WHEREAS, on April 3, 2018, the City Council adopted Ordinance 1253 (Ordinance 1253), an Ordinance of the City of Tracy Approving the Second Amendment to the Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC, which became effective 30 days later, on May 3, 2018; and WHEREAS, pursuant to Ordinance 1253, the City and Surland executed and entered into the Second Amendment to Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC, dated May 3, 2018 (2018 Second Amendment to Development Agreement or 2018 DA); and
Resolution ________

WHEREAS, the Second Amendment to the 2013 Development Agreement revised the City’s and Surland’s respective responsibilities, rights, and obligations with respect to the Aquatic Center, including by providing that in lieu of paying the City $8 Million of the $10 Million owed under the 2013 Development Agreement, Surland would facilitate design and construction services for the Aquatic Center; and
WHEREA
S, as to design and construction, the 2018 Second Amendment to the Development Agreement added a new section 1.01(j) which provided, among other things, that Surland would “retain and compensate consultants to design the Swim Center with input from the community and City staff and with direction from the City Council,” and that before Surland prepared construction improvement plans the City Council would approve a final conceptual plan; and
WHEREA
S, on May 11, 2018, Mary Mitracos, as Petitioner and Plaintiff, filed a lawsuit against the City, as Respondent and Defendant, and Surland, as Real Party in Interest, challenging the legality of Ordinance 1253 and the 2018 Second Amendment to the Development Agreement, Mitracos v. City of Tracy, et al., San Joaquin County Superior Court Case No. STK-CV-UWM-2018-5531; and
WHEREA
S, on September 30, 2020, the San Joaquin County Superior Court entered Judgment (Judgment) for Plaintiff Mitracos and against the City and Surland, and issued a Peremptory Writ of Mandate (Writ), each of which was served on the City on October 8, 2020; and
WHEREA
S, the Judgment served on October 8, 2020 includes the following rulings (the Judgment refers to the 2018 Second Amendment to the Development Agreement as the “2018 DA”):

IT IS SO ORDERED, DECREED AND ADJUDGED that:

1. Judgment granting a Peremptory Writ of Mandate is entered in favor of Petitioner Mitracos in this proceeding. Judgment is entered because the Court finds that Respondent committed a prejudicial abuse of discretion in taking the following actions:
(a) Adopting, approving and entering into the Second
Amendment to Amended and Restated Development
Agreement by and between the City of Tracy and Surland
Communities, LLC" ("2018 DA").
(b) Adopting Ordinance 1253[.]

2. The Court finds the 2018 DA does not comply with
Government Code Sections 65865(b) and 65865.2 and is
therefore void ab initio.

3. A Preemptory Writ of Mandate direct[ed] to Respondents shall issue under seal of this Court, ordering Respondents to vacate and set aside, within (30) days from service of the Writ of Mandate, all approvals and adoptions of the 2008 DA and Ordinance 1253, as described in paragraph 2 above in their entirety and all other actions taken by Respondents to approve or implement the Development Agreement. Respondent City is Resolution ________

ordered to:
(a) Set aside, rescind, and vacate the "Second
Amendment to Amended and Restated Development
Agreement by and between The City of Tracy and Surland
Communities, LLC" ("2018 DA").
(b) Set aside, rescind, and vacate Ordinance 1253.
(c) Set aside, rescind, and vacate any actions taken
pursuant to the "Second Amendment to Amended and
Restated Development Agreement by and Between the
City of Tracy and Surland Communities, LLC" ("2018 DA") and Ordinance 1253.

4. Respondent City shall file a return to the Peremptory Writ of Mandate within 10 days of completion of the actions mandated by this judgment. This Court shall retain jurisdiction over Respondents' proceedings by way of the return to the Peremptory Writ of Mandate until the Court has determined that Respondent has complied with the directives of this Court.

5. Petitioner shall be awarded its costs of suit. Petitioner is the successful party pursuant to Code of Civil Procedure § 1021.5.

The Court reserves jurisdiction to determine entitlement to attorneys' fees and litigation expenses, pursuant to any properly and timely filed motion which Petitioner Mitracos may make.

6. Injunctive relief is granted consistent with this ruling.

Respondents, Real Parties in Interest, and their respective agents, employees, and persons acting in concert with them are
permanently enjoined from any and all actions to further implement the 2018 Development Agreement as described in paragraph 1(a) above.
and
WHEREA
S, the Writ served on October 8, 2022 includes the following commands:

YOU ARE HEREBY COMMANDED to comply with the following:

1. Within thirty (30) days from service of this Writ, set aside, rescind, and vacate the "Second Amendment to Amended and Restated Development Agreement by and between the City of Tracy and Surland Communities, LLC" ("2018 DA");

2. Within thirty (30) days from service of this Writ, set aside, rescind, and vacate Ordinance 1253;

3. Within thirty (30) days from service of this Writ, set aside, rescind, and vacate any actions taken pursuant to the "Second Amendment to Amended and Restated Development Agreement By and Between The City of Tracy and Surland Communities, LLC" ("2018 DA") and Ordinance 1253.

4. Respondent City shall file a return to the Peremptory Writ of Mandate within 10 days of completion of the actions mandated by this Writ. This Court shall retain jurisdiction over Respondent's proceedings by way of the return to the Peremptory Writ of Mandate until the Court has determined that Respondents have Resolution ________

complied with the directives of this Court.
and

WHEREAS,
on November 6, 2020 (which was within 30 days of service of the Judgment and Writ), the Superior Court extended the compliance deadline to November 12, 2020, and then on November 12, 2020, extended the compliance deadline to January 22, 2021; and WHEREA
S, on October 23, 2020, the City and Surland filed a joint motion for a new trial, or in the alternative, to set aside and vacate the judgment and enter a new judgment, which was denied by operation of law on or about December 22, 2020; and WHEREA
S, on January 15, 2021, the City and Surland appealed to the California Court of Appeal, Third District, which stayed any obligation to comply with the Judgment and Writ unless and until the Judgment was affirmed by a final decision on appeal; and WHEREA
S, on May 16, 2022, the Third District Court of Appeal issued an unpublished opinion denying the appeal and affirming the Judgment, which decision became final 30 days thereafter; and
WHEREA
S, on July 18, 2022, the Court of Appeal issued a Remittitur, returning the lawsuit to the Superior Court; and
WHEREA
S, Surland is responsible to cover all City costs and expenses associated with the Mitracos lawsuit pursuant to a hold harmless and indemnity provision of the 2013 Development Agreement; and
WHEREA
S, the City is obligated to comply with the Judgment and Writ, and is doing so; and
WHEREA
S, on August 16 and September 6, 2022, the City Council introduced and adopted, respectively, Ordinances rescinding Ordinance 1253 and the 2018 Second Amendment to Development Agreement; and
WHEREA
S, the City has not taken any action to implement the 2018 Second Amendment to Development Agreement since well before the Court of Appeal issued its May 16, 2022 opinion denying the appeal and affirming the Judgment; and WHEREA
S, the City understands that it may not take any action to implement the 2018 Second Amendment; and
WHEREA
S, the City remains obligated to rescind and unwind actions previously taken to implement Ordinance 1253 and the Second Amendment; and WHEREA
S, on August 18, 2020, the City Council adopted, pursuant to the Second Amendment, Resolution 2020-154 Approving Final Aquatic Center Conceptual Plan with a Not- to-Exceed Amount of $65 Million Including Contingency and Soft Costs; and WHEREA
S, City staff is evaluating what additional actions need to be taken to set aside, rescind and vacate any actions previously taken to implement Ordinance 1253 and the Second Amendment; now, therefore, be it
Resolution ________

RESOLVED: the City Council hereby rescinds , in its entir ety, Resolution 2020- 154 Approving Final Aquatic Center Conceptual Plan with a Not -to-Exceed Amount of $65 Million Including Contingency and Soft Costs; and be it

FURTHER
RESOLVED: City staff shall further evaluate additional actions that may need to be t aken to fully unwind the 2018 Second Amendment to Development Agreement and Ordinance 1253; and be it

FURTHER
RESOLVED: City staff shall pursue development of the Aquatic Center, as originally intended under the 2013 Development Agreement, as modified by the First Amendment and the Tolling Agreements; and be it

FURTHER
RESOLVED: the City Council finds and determines that the adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act (“CEQA”), including as the term “project” is defined by section 15378 of the CEQA Guidelines, including without limitation because the adoption of this Resolution is a ministerial action not subject to and exempt from CEQA (see section 15268 of the CEQA Guidelines), and that even if it were a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.
* * * * *
* * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on __________, by the following vote:

AYES: COUNCI
L MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D.

YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California

APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE
TRACY

CITY COUNCIL
RESOL
UTION NO. NO. 2022-___
RESOL
UTION RESCINDING RESOLUTION NO. 2019-78 APPROVING THE

AGREEMENT FOR DEFERRAL OF CERTAIN IMPACT FEES FOR ELLIS GARDENS PHASE 1- 3 (TRACT 3877, TRACT 3906, AND TRACT 3907) WHEREA
S, on March 19, 2013, the City Council adopted Ordinance 1182 (Ordinance 1182), an Ordinance of the City of Tracy Approving an Amended and Restated Development Agreement with Surland Communities, LLC, with respect to the development of real property in the Ellis Specific Plan area; and
WHEREA
S, pursuant to Ordinance 1182, the City of Tracy (City) and Surland Communities, LLC (Surland) executed and entered into the Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC, dated April 18, 2013 (“2013 Development Agreement”); and WHEREA
S, on June 3, 2014, the City Council adopted Ordinance 1194 (Ordinance 1194), an Ordinance of the City of Tracy Approving First Amendment to Amended and Restated Development Agreement with the Surland Communities, LLC; and WHEREA
S, pursuant to Ordinance 1194, the City and Surland executed and entered into the First Amendment to Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC, dated July 3, 2014; and WHEREA
S, on April 3, 2018, the City Council adopted Ordinance 1253 (Ordinance 1253), an Ordinance of the City of Tracy Approving the Second Amendment to the Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC; and
WHEREA
S, pursuant to Ordinance 1253, the City and Surland executed and entered into the Second Amendment to Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC, dated May 3, 2018 (2018 Second Amendment to Development Agreement or 2018 DA); and
WHEREA
S, on May 11, 2018, Mary Mitracos, as Petitioner and Plaintiff, filed a lawsuit against the City, as Respondent and Defendant, and Surland, as Real Party in Interest, challenging the legality of Ordinance 1253 and the 2018 Second Amendment to the Development Agreement, Mitracos v. City of Tracy, et al., San Joaquin County Superior Court Case No. STK-CV-UWM-2018-5531; and
Resolution ________

WHEREAS, on September 30, 2020, the San Joaquin County Superior Court entered Judgment (Judgment) for Plaintiff Mitracos and against the City and Surland, and issued a Peremptory Writ of Mandate (Writ), each of which was served on the City on October 8, 2020; and
WHEREA
S, the Judgment served on October 8, 2020 includes the following rulings (the Judgment refers to the 2018 Second Amendment to the Development Agreement as the “2018 DA”):

IT IS SO ORDERED, DECREED AND ADJUDGED that:

1. Judgment granting a Peremptory Writ of Mandate is entered in favor of Petitioner Mitracos in this proceeding. Judgment is entered because the Court finds that Respondent committed a prejudicial abuse of discretion in taking the following actions:
(a) Adopting, approving and entering into the Second
Amendment to Amended and Restated Development
Agreement by and between The City of Tracy and Surland
Communities, LLC" ("2018 DA").
(b) Adopting Ordinance 1253[.]

2. The court finds the 2018 DA does not comply with
Government Code Sections 65865(b) and 65865.2 and is
therefore void ab initio.

3. A Preemptory Writ of Mandate direct[ed] to Respondents shall issue under seal of this Court, ordering Respondents to vacate and set aside, within (30) days from service of the Writ of Mandate, all approvals and adoptions of the 2008 DA and Ordinance 1253, as described in paragraph 2 above in their entirety and all other actions taken by Respondents to approve or implement the Development Agreement. Respondent City is ordered to:
(a) Set aside, rescind, and vacate the "Second
Amendment to Amended and Restated Development
Agreement by and between The City of Tracy and Surland
Communities, LLC" ("2018 DA").
(b) Set aside, rescind, and vacate Ordinance 1253.
(c) Set aside, rescind, and vacate any actions taken
pursuant to the "Second Amendment to Amended and
Restated Development Agreement by and Between the
City of Tracy and Surland Communities, LLC" ("2018 DA") and Ordinance 1253.

4. Respondent City shall file a return to the Peremptory Writ of Mandate within 10 days of completion of the actions mandated by this judgment. This Court shall retain jurisdiction over Respondents' proceedings by way of the return to the Peremptory Writ of Mandate until the Court has determined that Respondent has complied with the directives of this Court.

Resolution ________

5. Petitioner shall be awarded its costs of suit. Petitioner is the successful party pursuant to Code of Civil Procedure § 1021.5.

The Court reserves jurisdiction to determine entitlement to attorneys' fees and litigation expenses, pursuant to any properly and timely filed motion which Petitioner Mitracos may make.

6. Injunctive relief is granted consistent with this ruling.

Respondents, Real Parties in Interest, and their respective agents, employees, and persons acting in concert with them are
permanently enjoined from any and all actions to further implement the 2018 Development Agreement as described in paragraph 1(a) above.
and
WHEREA
S, the Writ served on October 8, 2022 includes the following commands:

YOU ARE HEREBY COMMANDED to comply with the following:

1. Within thirty (30) days from service of this Writ, set aside, rescind, and vacate the "Second Amendment to Amended and Restated Development Agreement by and between the City of Tracy and Surland Communities, LLC" ("2018 DA");

2. Within thirty (30) days from service of this Writ, set aside, rescind, and vacate Ordinance 1253;

3. Within thirty (30) days from service of this Writ, set aside, rescind, and vacate any actions taken pursuant to the "Second Amendment to Amended and Restated Development Agreement By and Between The City of Tracy and Surland Communities, LLC" ("2018 DA") and Ordinance 1253.

4. Respondent City shall file a return to the Peremptory Writ of Mandate within 10 days of completion of the actions mandated by this Writ. This Court shall retain jurisdiction over Respondent's proceedings by way of the return to the Peremptory Writ of Mandate until the Court has determined that Respondents have complied with the directives of this Court.
and
WHEREA
S, on November 6, 2020 (which was within 30 days of service of the Judgment and Writ), the Superior Court extended the compliance deadline to November 12, 2020, and then on November 12, 2020, extended the compliance deadline to January 22, 2021; and WHEREA
S, on October 23, 2020, the City and Surland filed a joint motion for a new trial, or in the alternative, to set aside and vacate the judgment and enter a new judgment, which was denied by operation of law on or about December 22, 2020; and WHEREA
S, on January 15, 2021, the City and Surland appealed to the California Court of Appeal, Third District, which stayed any obligation to comply with the Judgment and Writ unless and until the Judgment was affirmed by a final decision on appeal; and WHEREA
S, on May 16, 2022, the Third District Court of Appeal issued an unpublished opinion denying the appeal and affirming the Judgment, which decision became final 30 days thereafter; and
Resolution ________

WHEREAS, on July 18, 2022, the Court of Appeal issued a Remittitur, returning the lawsuit to the Superior Court; and
WHEREA
S, Surland is responsible to cover all City costs and expenses associated with the Mitracos lawsuit pursuant to a hold harmless and indemnity provision of the 2013 Development Agreement; and
WHEREA
S, the City is obligated to comply with the Judgment and Writ, and is doing so; and
WHEREA
S, on August 16 and September 6, 2022, the City Council introduced and adopted, respectively, Ordinances rescinding Ordinance 1253 and the 2018 Second Amendment to Development Agreement; and
WHEREA
S, the City has not taken any action to implement the 2018 Second Amendment to Development Agreement since well before the Court of Appeal issued its May 16, 2022 opinion denying the appeal and affirming the Judgment; and WHEREA
S, the City understands that it may not take any action to implement the 2018 Second Amendment; and
WHEREA
S, the City remains obligated to rescind and unwind actions previously taken to implement Ordinance 1253 and the Second Amendment; and WHEREA
S, the 2018 Second Amendment to the Development Agreement revised responsibilities, rights, and obligations with respect to payment of City fees, including impact fees. It added a new section 1.07(g)(iii) that provided, among other things:
“all
development impact fees and other fees and contributions identified in the EFIP [Ellis Specific Plan Finance and Implementation Plan], or agreed upon by the City and [Surland] in other finance plans such as the City Master Plans, or any other Fee Programs, or other impact fee, agreed to by the City and [Surland] and attributable to a structure shall be due and payable through close of escrow for a home builder to a home buyer for a residential structure, and upon a final inspection approval for a commercial structure for the noticed Project. The process for such payment is attached hereto and incorporated herein by this reference as Exhibit C” (a form of agreement for deferral of fees); and WHEREAS, on April 16, 2019, under the authority of the 2018 Second Amendment to the Development Agreement, the City Council adopted Resolution No. 2019-78 Approving the Agreement for Deferral of Certain I mpact Fees for Ellis Gardens Phase 1- 3 (Tract 3877, Tract 3906, and Tract 3907), and authorized the City Clerk to file the Agreement with the Office of the San Joaquin County Recorder; and
WHEREAS, City staff is evaluating what additional actions need to be taken to set aside, rescind and vacate any actions previously taken to implement Ordinance 1253 and the Second Amendment; now, therefore, be it
Resolution ________

RESOLVED: the City Council hereby rescinds, in its entirety, Resolution No. 2019-78 Approving the Agreement for Deferral of Certain Impact Fees for Ellis Gardens Phase 1- 3 (Tract 3877, Tract 3906, and Tract 3907); and be it
FURTHER RESOLVED: the City Clerk shall record this Resolution or other notice with the San Joaquin County Recorder; and be it
FURTHER RESOLVED: City staff shall further evaluate additional actions that may need to be taken to fully unwind the 2018 Second Amendment to Development Agreement and Ordinance 1253, including to provide notice to the parties and the public to the Agreement entered into pursuant to Resolution No. 2019-78, and to ensure that all fees that were subject thereto are timely and fully paid, including as originally intended under the 2013 Development Agreement, as modified by the First Amendment and the Tolling Agreements; and be it FURTHER RESOLVED: the City Council finds and determines that the adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act (“CEQA”), including as the term “project” is defined by section 15378 of the CEQA Guidelines, including without limitation because the adoption of this Resolution is a ministerial action not subject to and exempt from CEQA (see section 15268 of the CEQA Guidelines), and that even if it were a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.
* * * * * *
* * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on __________, by the following vote:

AYES: COUNCIL M
EMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YO
UNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California

APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE
TRACY

CITY COUNCIL
RESOL
UTION NO. ____________
RESOL
UTION RESCINDING RESOLUTION NO. 2021-116 APPROVING THE

AGREEMENT FOR DEFERRAL OF CERTAIN IMPACT FEES FOR ELLIS TOWN AND COUNTRY (TRACT 4007)
WHEREA
S, on March 19, 2013, the City Council adopted Ordinance 1182 (Ordinance 1182), an Ordinance of the City of Tracy Approving an Amended and Restated Development Agreement with Surland Communities, LLC, with respect to the development of real property in the Ellis Specific Plan area; and
WHEREA
S, pursuant to Ordinance 1182, the City of Tracy (City) and Surland Communities, LLC (Surland) executed and entered into the Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC, dated April 18, 2013 (“2013 Development Agreement”); and WHEREA
S, on June 3, 2014, the City Council adopted Ordinance 1194 (Ordinance 1194), an Ordinance of the City of Tracy Approving First Amendment to Amended and Restated Development Agreement with the Surland Communities, LLC; and WHEREA
S, pursuant to Ordinance 1194, the City and Surland executed and entered into the First Amendment to Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC, dated July 3, 2014; and WHEREA
S, on April 3, 2018, the City Council adopted Ordinance 1253 (Ordinance 1253), an Ordinance of the City of Tracy Approving the Second Amendment to the Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC; and
WHEREA
S, pursuant to Ordinance 1253, the City and Surland executed and entered into the Second Amendment to Amended and Restated Development Agreement By and Between the City of Tracy and Surland Communities, LLC, dated May 3, 2018 (2018 Second Amendment to Development Agreement or 2018 DA); and
WHEREA
S, on May 11, 2018, Mary Mitracos, as Petitioner and Plaintiff, filed a lawsuit against the City, as Respondent and Defendant, and Surland, as Real Party in Interest, challenging the legality of Ordinance 1253 and the 2018 Second Amendment to the Development Agreement, Mitracos v. City of Tracy, et al., San Joaquin County Superior Court Case No. STK-CV-UWM-2018-5531; and
Resolution ________

WHEREAS, on September 30, 2020, the San Joaquin County Superior Court entered Judgment (Judgment) for Plaintiff Mitracos and against the City and Surland, and issued a Peremptory Writ of Mandate (Writ), each of which was served on the City on October 8, 2020; and
WHEREA
S, the Judgment served on October 8, 2020 includes the following rulings (the Judgment refers to the 2018 Second Amendment to the Development Agreement as the “2018 DA”):

IT IS SO ORDERED, DECREED AND ADJUDGED that:

1. Judgment granting a Peremptory Writ of Mandate is entered in favor of Petitioner Mitracos in this proceeding. Judgment is entered because the Court finds that Respondent committed a prejudicial abuse of discretion in taking the following actions:
(a) Adopting, approving and entering into the Second
Amendment to Amended and Restated Development
Agreement by and between The City of Tracy and Surland
Communities, LLC" ("2018 DA").
(b) Adopting Ordinance 1253[.]

2. The court finds the 2018 DA does not comply with
Government Code Sections 65865(b) and 65865.2 and is
therefore void ab initio.

3. A Preemptory Writ of Mandate direct[ed] to Respondents shall issue under seal of this Court, ordering Respondents to vacate and set aside, within (30) days from service of the Writ of Mandate, all approvals and adoptions of the 2008 DA and Ordinance 1253, as described in paragraph 2 above in their entirety and all other actions taken by Respondents to approve or implement the Development Agreement. Respondent City is ordered to:
(a) Set aside, rescind, and vacate the "Second
Amendment to Amended and Restated Development
Agreement by and between The City of Tracy and Surland
Communities, LLC" ("2018 DA").
(b) Set aside, rescind, and vacate Ordinance 1253.
(c) Set aside, rescind, and vacate any actions taken
pursuant to the "Second Amendment to Amended and
Restated Development Agreement by and Between the
City of Tracy and Surland Communities, LLC" ("2018 DA") and Ordinance 1253.

4. Respondent City shall file a return to the Peremptory Writ of Mandate within 10 days of completion of the actions mandated by this judgment. This Court shall retain jurisdiction over Respondents' proceedings by way of the return to the Peremptory Writ of Mandate until the Court has determined that Respondent has complied with the directives of this Court.

Resolution ________

5. Petitioner shall be awarded its costs of suit. Petitioner is the successful party pursuant to Code of Civil Procedure § 1021.5.

The Court reserves jurisdiction to determine entitlement to attorneys' fees and litigation expenses, pursuant to any properly and timely filed motion which Petitioner Mitracos may make.

6. Injunctive relief is granted consistent with this ruling.

Respondents, Real Parties in Interest, and their respective agents, employees, and persons acting in concert with them are
permanently enjoined from any and all actions to further implement the 2018 Development Agreement as described in paragraph 1(a) above.
and
WHEREA
S, the Writ served on October 8, 2022 includes the following commands:

YOU ARE HEREBY COMMANDED to comply with the following:

1. Within thirty (30) days from service of this Writ, set aside, rescind, and vacate the "Second Amendment to Amended and Restated Development Agreement by and between the City of Tracy and Surland Communities, LLC" ("2018 DA");

2. Within thirty (30) days from service of this Writ, set aside, rescind, and vacate Ordinance 1253;

3. Within thirty (30) days from service of this Writ, set aside, rescind, and vacate any actions taken pursuant to the "Second Amendment to Amended and Restated Development Agreement By and Between The City of Tracy and Surland Communities, LLC" ("2018 DA") and Ordinance 1253.

4. Respondent City shall file a return to the Peremptory Writ of Mandate within 10 days of completion of the actions mandated by this Writ. This Court shall retain jurisdiction over Respondent's proceedings by way of the return to the Peremptory Writ of Mandate until the Court has determined that Respondents have complied with the directives of this Court.
and
WHEREA
S, on November 6, 2020 (which was within 30 days of service of the Judgment and Writ), the Superior Court extended the compliance deadline to November 12, 2020, and then on November 12, 2020, extended the compliance deadline to January 22, 2021; and WHEREA
S, on October 23, 2020, the City and Surland filed a joint motion for a new trial, or in the alternative, to set aside and vacate the judgment and enter a new judgment, which was denied by operation of law on or about December 22, 2020; and WHEREA
S, on January 15, 2021, the City and Surland appealed to the California Court of Appeal, Third District, which stayed any obligation to comply with the Judgment and Writ unless and until the Judgment was affirmed by a final decision on appeal; and WHEREA
S, on May 16, 2022, the Third District Court of Appeal issued an unpublished opinion denying the appeal and affirming the Judgment, which decision became final 30 days thereafter; and
Resolution ________

WHEREAS, on July 18, 2022, the Court of Appeal issued a Remittitur, returning the lawsuit to the Superior Court; and

WHEREAS,
Surland is responsible to cover all City costs and expenses associated with the Mitracos lawsuit pursuant to a hold harmless and indemnity provision of the 2013 Development Agreement; and

WHEREAS,
the City is obligated to comply with the Judgment and Writ, and is doing so; and

WHEREAS,
on August 16 and September 6, 2022, the City Council introduced and adopted, respectively, Ordinances rescinding Ordinance 1253 and the 2018 Second Amendment to Development Agreement; and

WHEREAS,
the City has not taken any action to implement the 2018 Second Amendment to Development Agreement since well before the Court of Appeal issued its May 16, 2022 opinion denying the appeal and affirming the Judgment; and

WHEREAS,
the City understands that it may not take any action to implement the 2018 Second Amendment; and

WHEREAS,
the City remains obligated to rescind and unwind actions previously taken to implement Ordinance 1253 and the Second Amendment; and

WHEREAS,
the 2018 Second Amendment to the Development Agreement revised responsibilities, rights, and obligations with respect to payment of City fees, including impact fees. It added a new section 1.07(g)(iii) that provided, among other things:
“all devel
opment impact fees and other fees and contributions identified in the EFIP [Ellis Specific Plan Finance and Implementation Plan], or agreed upon by the City and [Surland] in other finance plans such as the City Master Plans, or any other Fee Programs, or other impact fee, agreed to by the City and [Surland] and attributable to a structure shall be due and payable through close of escrow for a home builder to a home buyer for a residential structure, and upon a final inspection approval for a commercial structure for the noticed Project. The process for such payment is attached hereto and incorporated herein by this reference as Exhibit C” (a form of agreement for deferral of fees); and WHEREAS, on August 17, 2021, under the authority of the 2018 Second Amendment to the Development Agreement, the
City Council adopted Resolution No. 2021-116 Approving
the Agreement for Deferral of Certain Impact Fees for Ellis Town and Country (Tract 4007), and authorized the City Clerk to file the Agreement with the Office of the San Joaquin County Recorder; and
WHERE
AS, City staff is evaluating what additional actions need to be taken to set aside, rescind and vacate any actions previously taken to implement Ordinance 1253 and the Second Amendment; now, therefore, be it
Resolution ________

RESOLVED: the City Council hereby rescinds , in its entirety, Resolution No. 2021-116 Approving the Agreement for Deferral of Certain Impact Fees for Ellis Town and Country (Tract 4007); and be it

FURTHER
RESOLVED: the City Clerk shall record this Resolution or other notice with the San Joaquin County Recorder; and be it

FURTHER
RESOLVED: City staff shall further evaluate additional actions that may need to be taken to fully unwind the 2018 Second Amendment to Development Agreement and Ordinance 1253, including to provide notice to the parties and the public to the Agreement entered into pursuant to Resolution No. 2021-116, and to ensure that all fees that were subject thereto are timely and fully paid, including as originally intended under the 2013 Development Agreement, as modified by the First Amendment and the Tolling Agreements; and be it

FURTHER
RESOLVED: the City Council finds and determines that the adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act (“CEQA”), including as the term “project” is defined by section 15378 of the CEQA Guidelines, including without limitation because the adoption of this Resolution is a ministerial action not subject to and exempt from CEQA (see section 15268 of the CEQA Guidelines), and that even if it were a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.
* * * * *
* * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on __________, by the following vote:

AYES: COUNCI
L MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D.

YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
September 6 , 2022
AGENDA ITEM 3.D
RECOM
MENDA
TION

STAFF RECOMMENDS THAT CITY COUNCIL INTRODUCE AN ORDINANCE EFFECTUATING

AN OMNIBUS AMENDMENT OF THE TRACY MUNICIPAL CODE TO (A) UPDATE CHAPTER

4.16, “REGULATIONS PERTAINING TO THE USE OF PARK AND RECREATION AREAS AND FACILITIES” AND CHAPTER 5.12, “CAMP CARS AND TRAILERS,” AND (B) ADD

PROVISIONS PROHIBITING CERTAIN ACTS, CAMPING, AND STORAGE OF PERSONAL

PROPERTY IN PARKS AND PUBLIC AREAS

EXECUTIVE SUMMARY
The proposed amendments to the Tracy Municipal Code will update Chapter 4.16, “Regulations Pertaining to the Use of Park and Recreation Areas and Facilities” and Chapter 5.12, “Camp Cars and Trailers” to current language and practices. The amendments will also expand the City of Tracy’s enforcement tools for unlawful acts in parks and public areas, camping, and storage of personal property. Lastly, the amendments will increase penalties for certain violations to misdemeanors.

BACKGROUND AND LEGISLATIVE HISTORY
At the regular City Council meeting on May 17, 2022, City staff provided an informational report to City Council previewing proposed amendments to the Tracy Municipal Code to update and expand Chapter 4.16, Regulations Pertaining to the Use of Park and Recreation Areas and Facilities, and Chapter 5.12, Camps Cars and Trailers. On August 4, 2022, the proposed amendments were presented at the Parks and Community Services Commission meeting for input and discussion.

During that time, the Parks and Community Services Commission provided feedback on the proposed amendments. On August 22, 2022, the Homeless Advisory Committee also reviewed and commented on the proposed amendments. Upon conclusion of its discussion, the Hom eless Advisory Committee voted to forward the draft amendments for City Council consideration.

The objective of these amendments is to clarify prohibited acts regularly encountered by the City and establish related enforcement authority currently not provided for in the Tracy Municipal Code.

ANALYSIS
Cert
ain acts, camping, and unlimited storage of personal property in parks and public areas create unsafe and unsanitary conditions throughout the City of Tracy. As a result, these conditions in
ter
fere with the use of parks and public areas for their intended purposes and impact the health and safety of the public. Fur thermore, these conditions cause blight th roughout the community and damage to public
property.

Throughout the last several years, the City has experienced an increase in illegal activity, camping, and storage of personal property throughout parks and public areas. Due to these activities, the City continues to devote significant time and resources to address ongoing health and safety issues and calls for service at parks and public areas. However, the current Tracy Municipal Code provides limited enforcement opportunities. The proposed amendments will allow the City to combat specific activities within parks and public areas currently unavaila ble and will increase penalties for certain activities to misdemeanors. These changes will increase enforcement Agenda Item 3.D
September 6, 2022

opportunities, and an increase in potential penalties will provide a deterrent mechanism not currently available under the Tracy Municipal Code.

The proposed amendments will update Chapter 4.16 and Chapter 5.12 of the Tracy Municipal Code to provide the City with additional enforcement tools to address these conditions that impact the health and safety of parks and public areas.

Amendments to Chapter 4.16, Regulations Pertaining to Use of Park and Recreation Areas and Facilities
The proposed amendments to Chapter 4.16 expand application to all public areas, update existing regulations that currently apply to parks to also include public areas, and prohibit additional acts in parks and public areas. In addition, certain acts will be subject to a misdemeanor. A summary of the a
mendments to Chapter 4.16 are as follows:
• Prohibits
open fires in parks and public areas.
• Prohibits
storage and disposal of wastewater and sewage water in parks and public areas. • Prohibits
storage and dumping of personal items in parks and public areas. • Restrict
s unpermitted electrical and gas connections in parks and public areas.

Amendments to Chapter 5.12, Camp Cars and Trailers
The proposed amendme
nts will more clearly define and prohibit camping in parks and public areas. The amendments will also prohibit camping within certain distances of certain areas and restrict storage of personal property in parks and public areas. Violations of certain sections will be subject to a misdemeanor. The City’s ability to enforce the proposed amendments prohibiting camping will be subject to the satisfaction of relevant constitutional and state laws. The following is a summary of the amendments to Chapter 5.12:
• Prohibits any person to enter or remain in a City park between the hours of 10:00 p.m. and
6:00 a.m.
• Prohibits
camping within certain distances to specific locations, including, driveways, building entrances/exits, public or private property fencing, fire hydrants or other fire department connections, and restricts camping within 1,000 feet of schools, day care centers, recreational facilities or sports fields, shelters, and areas that obstruct or interfere with City activities. A violation of this section shall be charged as a misdemeanor offense. • Prohibits
storage of personal property in parks or public areas and allows the City to immediately remove personal property in certain circumstances (such as when the property is evidence of a crime or immediate threat to health and safety of the public). • Provides t
he procedure for the City’s removal and storage of personal property.

Agenda Item 3.D
September 6, 2022

These amendments w ill provide additional enforcement mechanisms that do not exist within the City’s existing code and w ill improve the City’s ability to address t he health, safety, and general welfare of the community and reduce the deg radation and destruction of Ci ty parks and public areas. The entirety of t h e proposed amendments is attached to this report as Exhibit A .

FISCAL IMPACT
This item has no direct fiscal impact to the General Fund. However, there are undetermined costs and sta
ff time associated with the enforcement of the proposed amendments. Each call for service related to the proposed amendments will be absorbed within existing operations and bu dgets.

PUBLIC OUTREACH/INTEREST
The proposed ordinance was presented to the City’s Parks and Community Services Commission and H
omeless Advisory Committee m eetings for public input.

COORDINATION
Preparation of this item involved coordination between the Police Department, Code Enforcement Division, Parks and Recreation Department, Public Works Department, City Manager’s Office, and City Attorney’s Office.

CEQA DETERMINATION
The proposed amendments are exempt under S ections 15307 and 15308 of the Guidelines for the Implementation of the California Environmental Quality Act and under Section 15061(b)(3) of the California Code of Regulations.

STRATEGIC PLAN
This item relates to the City Council's strategic plan in the area of Public Safety.

ACTION REQUESTED OF THE CITY COUNCIL
Staff requests that the City Council introduce an ordinance effectuating an omnibus amendment of the Tracy Municipal Code to (a) update Chapter 4.16, “Regulations Pertaining to the Use of Park and Recreation Areas and Facilities” and Chapter 5.12, “Camp Cars and Trailers,” and (b) add provisions prohibiting certain acts, camping, and s torage of personal property in parks and public areas.

Prepared by: Ana Contreras, Community Preservation Manager Reviewed by: Karin Schnaider, Ass
istant City Manager
Approved by: Michael Rogers, City Manager
ATTACHMENTS:

Exhibit “A” – Draft Ordinance Amending Chapter 4.16 and Chapter 5.12

EXHIBIT A

OMNIBUS AMENDMENT OF THE TRACY MUNICIPAL CODE TO (A) UPDATE CHAPTER 4.16, “REGULATIONS PERTAINING TO THE USE OF PARK AND RECREATION AREAS AND FACILITIES” AND CHAPTER 5.12, “CAMP CARS AND TRAILERS,” AND (B) ADD PROVISIONS TO PROHIBIT CERTAIN ACTS, CAMPING,

AND STORAGE OF PERSONAL PROPERTY IN PARKS AND PUBLIC AREAS Chapter 4.16 REGULATIONS PERTAINING TO THE USE OF PARKS AND RECREATION AREAS

PUBLIC AREAS AND FACILITIES
Sections:

4.16.010 Name of chapter.

This chapter shall be known as the "Tracy Parks and Public Areas Ordinance". (Prior code § 4-4.01)

4.16.020 Purpose.

The purpose of this chapter is to regulate the use of City parks and other public areas, and establishes the standards for issuance of park permits so that all persons may enjoy and make use of such parks and public areas and to protect the rights of those in the surrounding areas. (Prior code § 4-4.02)

4.16.030 Definitions as used in this chapter.
"Amplified sound" means music or speech projected or transmitted by electronic equipment, including but not limited to amplifier, loudspeakers or any similar device. "City Manager" means an d refers to the City Manager or his their designee. "Director" means and refers to the Director of the Department of Parks and Recreation Department or his their designee.
"Exclusive use" means the right to use a park or public area, or area thereof, for any activity at a specified time, to the exclusion of all others.
"Facility permit" means writ ten permission by the Director for a specified use of a park or public area or area thereof, including a community building, community ground, barbecue pit area, City pool, athletic facility or any other park public facility.
"Parade" means an organized march or procession of persons, animals or vehicles or combination thereof whose march route crosses park or public property.
"Park" means all City parks, community buildings and grounds, athletic facilities, open space areas and other grounds and facilities owned or operated by the City for park, recreation or open space purposes. “Parks and Recreation Department” means the Parks and Recreation Department of the City of Tracy. "Permit application fee" means the nonrefundable fee to be paid by an applicant for a facility permit. The fee shall be set by the City Council and shall cover the full cost (or portion thereof) of processing and investigating the application, and administering the park facility permit program. "Permittee" means the person or group which has been granted a facility permit. “Public,” “Public Pr operty,” "Public Area" or "Public Areas" means all real property that is owned or controlled by the City of Tracy and shall include, but not be limited to, any street, median strip, sidewalk, parking lot, building, or structure.
"Publicize" means to inform the public of a planned activity by means of newspaper articles, notices, radio or television notices, announcements at public places, leafletting, posting signs or written notices in places used by the public, social media, or by any other means calculated to notify the public of any activity. (Prior code § 4-4.03)

4.16.040 Certain park and public areas restricted to specific users.

The Director may designate in writing and/or by posting at the site, certain parks, park facilities, public areas, or areas thereof, which are available for exclusive use only upon obtaining a facility permit pursuant to Section

4.16.050.
(Prior code § 4-4.04)

4.16.050 Facility permit required.

A facility permit must be obtained from the Parks and Recreation Department prior to sponsoring or conducting any of the following activities in a park or public area:
(a) For the exclusive use of any park area or, facility, or public area which has been designated by the Director pursuant to Section 4.16.040 as requiring a facility permit; (b) For any organized activity in which fifty (50) or more persons are expected to participate or attend, or which i
s publicized prior to the date of the activity, or which requires special City services. Such activity includes, but is not limited to the following: A picnic, rally, group meeting, festival, fair, parade, play, musical event, art show or other show or exhibition;
(c) Any activity involving the erection or placement on park or publi c property of stages, booths, platforms, sculptures and other art works, or other similar structures; (d) For the sale or barter of any goods, wares, merchandise, food or bev era ges (see Section 4.16.140); (e) For any activity involving the use of amplified sound (see Section 4.16.150); or (f) A permit is required to possess or consume any alcoholic beverage in desi gnated City parks or public areas and may only occur in designated parks and public areas. (Prior code § 4-4.05)

4.16.060 Facility permit applications.
(a) Any person applying for a facility permit shall file an application on a form provided by the Director Parks and Recreation Department, not less than twenty (20) days, nor more than one year (365 days) prior to the proposed use of the park or public area. The Director may waive the application deadline for good cause if sufficient time remains to process the application, and for the City to prepare for the requested use. Good

cause can be demonstrated by the applicant, and shall be determined by the Director, sho wing that the circumstances which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed and the proposed activity is for the purpose of exercising the right of free speech. (b) All applications for t he facility permit must be signed or cosigned by a person twenty-one (21) years of age or older who shall agree to be responsible for the requested use of the park or public area. (Prior code § 4-4.06)

4.16.070 Facility permit application.

The application for a park facility permit shall be completed on a form provided by the Park s and Recreation Department and shall provide the following information:
(a) The name, address, and telephone numbers of the permit applicant, organiz at ion sponsoring the activity (if any) and person who shall be in charge of the activity; (b) Park, pu blic area, or facility or area thereof requested; (c) Any additional park equipment or personnel requested; (d) The type of activity planned;
(e) The starting and finishing time of the a ctivity;
(f) The number of persons expected to attend the activity; (g) The type of equipment or structures (if any) which shall be erected or placed on park or public property;
(h) Whether the activity will involve amplified sound and the nature thereof; (i) Type
and amount of insurance coverage for the event; and
(j) Any supplemental information the Director shall find reasonably necessary to determine whether to approve the permit application pursuant to Section 4.16.160. (Prior code § 4-4.07)

4.16.080 Action or permit application.

The Director shall approve, conditionally approve or deny a facility permit application for any of the grounds specified in section 4.16.090. Such action shall be taken no later than seven (7) days after receipt of a completed application. Notice of the Director's decision shall be mailed or emailed to the applicant's address or email address.

If the application is denied the Director shall state the grounds for denial in writing and inform the applicant of his/her their right of appeal. If a change in the time or location of the proposed activity would allow approval of the application, the Director shall propose an alternative location or time for the activity. (Prior code § 4-4.08)

4.16.090 Grounds for permit denial.

The Director may deny a facility permit application if they determines from a consideration of the application or other pertinent information, that any of the following conditions exist:
(a) Information contained in the application or supplemental information requested from the applicant, is found to
be false in any material detail;

(b) The applicant failed to complete the application form after having been notified of the additional information or documents required;
(c) The proposed activity would conflict with a previously planned City- sponsored activity; (d) The applicant refuses in writing to comply with all terms and conditions of the permit; (e) A prior application for a permit to use the same location at a conflicting time has been received and such application has been or will be approved;
(f) The nature or size of the activity wo
uld be reasonably likely to injure persons or damage park or public property, or property adjacent to the park or public property; provided, that the Director shall not consider the content of expression which is proposed or anticipated at the activity; (g) The proposed activity is prohibited by law;
(h)
The proposed activity is inconsistent with the purpose for which the facility, or pa rk, or public area has been established or designated pursuant to section 4.16.040; (i) The sole purpose of the activity is advertising or sale of any product, goods, wares or merchandise and is de
signed to be held for private profit and not for First Amendment expression; or (j) That the proposed activity would require the assignment of so great a number of City police officers to properly police the park or public area activity, or areas contiguous thereto, as to prevent normal police protection to the rest of the City. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of police officer s available to police the event. The determination as to whether a park permit shall be denied for this ground shall be made by the Chief of Police after conferring with the Director. (Prior code § 4-4.09)

4.16.100 Park Facility permit conditions.

The Director may impose reasonable conditions on approval of a park facility permit application respecting the time, place, and manner of use of the park or public area. Such conditions may be imposed to ensure the safety of persons, public and private property, the control of noise, and to ensure that other activities at the park will not be unduly disturbed by the proposed activity of the applicant. Such conditions, however, shall not unreasonably restrict the right of free speech. Permit conditions may include, but are not limited to the following:
(a) Alteration of the time or location of the proposed activity; (b)
Requirements for the use of security personnel or monitors; (c) Requirements that the applicant obtain any legally required permit or license; (d) Requirements for notifying the activity participants of park and public area rul es and the terms and conditions of the permit;
(e) Inspection and approval by City personnel of stages, booths or other structures erected or placed in the park o
r public area in connection with the activity; and
(f) Restrictions on the use of alcohol.
(Prior code § 4-4.10)

4.16.110 Fees and deposits.

Upon the granting of a permit under this chapter, any fees or deposits which are adopted by the City for the use of City personnel, buildings, equipment, parks, public areas and facilities, shall be contained in the permit and the fees and deposits shall be paid by the applicant prior to the receipt of the permit. (Prior code § 4-4.11)

4.16.120 Indemnification.

Prior to the issuance of the facility permit, the permit applicant and authorized officer of the sponsoring organization (if any) must sign an agreement to reimburse the City for all costs incurred by it in repairing damage occurring in connection with the permitted activity and caused by the permittee/sponsoring organization, its officers, employees or agents, or any other person who was or reasonably should have been under the permittee's or sponsoring organization's control. The agreement shall also provide that the permittee/sponsoring organization shall indemnify the City against, and indemnify and hold the City harmless from, any loss, damage, liability or expense which may arise in any way in connection with the permitted activity caused by the actions of the permittee/sponsoring organizations, its officers, employees or agents, or any person who was or reasonably should have been under the permittee's or sponsoring organization's control. (Prior code § 4-4.12)

4.16.130 Insurance.
(a) The applicant/sponsor of any activity which requires a facility permit pursuant to section 4.16.050 must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the activity.

Such insurance shall name on the policy or by endorsement as additional insured the City, its officers, employees and agents. Insurance coverage must be maintained for the duration of the activity. (b) Coverage shall be a comprehensive general liability insurance policy in an amount prescribed by City resolution. The insurance coverage afforded by the policy shall provide at a minimum the equivalent of insurance coverage provided by Insurance Services Office (ISO) comprehensive general liability insurance coverage. If food or non-alcoholic beverages will be sold or distributed at the activity the comprehensive general liability coverage must include products liability coverage. If alcoholic beverages will be sold or distributed at the activity, the policy must also include coverage for liquor liability, along with the required Alcoholic Beverage Control permit as required by the permit process. (c) A copy of the policy or certificate of insurance along with all necessary endorse ments must be filed with the Director no less than twenty (20) days prior to the event, unless the Director for good cause waives the filing deadline.
(Prior code § 4-4.13)

4.16.140 Sale of goods and merchandise.

No person, other than a concessionaire with a current and valid contract with the City for the provision of concession services, shall sell or offer for sale any goods, wares, merchandise or beverages without the prior written approval of the Director. The Director shall determine whether to approve, conditionally approve or deny an application for a vendor permit within seven (7) days after receiving a completed application on a form prescribed by the Director. Written permission shall not be granted by the Director excepting for sales by non- profit organizations in connection with an organized activity whose primary purpose is First Amendment expression and not private profit. The Park Director may impose reasonable conditions of the issuance of a permit as authorized by section 4.16.160 of this chapter. This section shall not apply to the solicitation of donations for distribution of material by individuals for the primary purpose of First Amendment expression and not private profit.
(Ord. 1096 § 1, 2006: prior code § 4-4.14)

4.16.150 Amplified sound.

The use of amplified sound in a park or public area is forbidden unless a facility permit has first been obtained pursuant to section 4.16.050. The Director, upon granting a permit for use of any amplified sound system, may impose reasonable conditions concerning the location of the sound system, and the maximum decibel level for the sound system to minimize the amount of amplified sound audible in adjacent park and public areas and neighborhoods.
(Prior code § 4-4.15

4.16.160 Appeal procedure.
(a) The applicant shall have the right to appeal to the Parks and Recreation Community Services Commission a permit denial, permit condition, the Director's refusal to waive the filing deadline, or the Director's decision pertaining to fees or insurance coverage required under this chapter. Notice of appeal shall be made on a form prescribed by the Parks and Recreation Director and shall be filed with the Parks and Recreation Director stating the grounds for appeal. Regular meetings of the Parks and Recreation Community Services Commission are scheduled in accordance with section 2.04.020 of this Code (usually the first Thursday of each month). The appeal must be filed no later than noon on Thursday a week preceding the Parks and Recreation Community Services Commission meeting to be placed on the next regular meeting's agenda. The decision of the Parks and Recreation Community Services Commission may be appealed to the City Council, whicho has final authority.
(b) If there is insufficient time for a timely appeal to be heard by the Parks and Recreation Community Services Commission prior to the date on which the event is scheduled, the applicant may, at his or her their option, request the Parks and Recreation Director to schedule the appeal to be heard before the City Manager under section 1.12.010. The City Manager shall attempt to hold a hearing no later than three (3) business days after the filing of the appeal, and shall render his their decision no later than two (2) business days after hearing the appeal. If the appeal is heard before the City Manager, the City Manager's decision is final. (Ord. 1111 § 4 Exh. A (part), 2007: prior code § 4-4.16)

4.16.170 Duties of permittee/sponsor.
(a) Each permittee/sponsor of an activity shall comply with all terms and conditions of the permit issued under this chapter.
(b) Each permittee/sponsor of an activity shall ensure that the person in charge of the activity shall carry the permit issued under this chapter on his person during the duration of the activity. (c) Each permittee/sponsor of an activity shall ensure that the park or pub lic area or building used for the
permitted activity is cleaned and restored to the same condition as existed prior to the activity. (Prior code § 4-4.17)

4.16.180 Unlawful acts in parks and public areas.

No person, other than authorized City personnel, shall do any of the following unless written permission has been obtained from the Director:
(a) Play or engage in any game or contest in any park or public area exc ept in such places suited, specially specifically provided or designated for that purpose;
(b) Play upon any tennis courts wearing shoes other than those having vulcanized soles and heels, commonly known as tennis shoes. In-line skating, skateboards, or other wheeled items and dogs are prohibited on tennis courts, basketball courts or similar multi-use courts; (c) Use any tennis courts for tennis tournaments, team practices or other special events of any kind without the prior written permission of the Director;
(d) Cut, break, injure, deface or disturb any plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or make or write upon any building, monument, fence, bench or other s tructure; (e) Cut or remove any wood, turf, grass, soil, rock, sand or gravel, or any found object, whether above or below the ground;

(f) Lead or let loose any farm animals of any kind. Dogs are permitted subject to regulations and section

5.08.130 of this Code. Owners are responsible for picking up after their animals while on/in parks, parkways, trails or other public areas;
(g) Post, place or erect any bills, notice, paper or advertising device of any kind on park or public equipment;
(h) Tear down, def ace or destroy any sign posted pursuant to this chapter; (i) Willfully tamper with or damage any water or gas pipes, hydrant, stopcock, sewer, basin or other co
nstruction in any park or public area;
(j) Carry any firearms, air gun, slingshot or archery equipment; (k) Make or kindle any op en fire, such as camp fires, bonfires, burning of garbage, or portable outdoor fireplaces in any public area, except in picnic stoves permanent charcoal grills provided for that purpose by the City. Users of permanent charcoal grills must extinguish charcoal in the grill after use.

The City will remove leftover charcoal and ashes as needed; (or camp, except in places designated as such by official action of the City;
(l) Ride or drive any horse or other animal or any motorized vehicle, cycle, go cart or scooter elsewhere than on the roads or drives provided for such purpose, or drive a motor vehicle in an erratic or hazardous manner on any park roads, public areas, paths or parking areas; (m) Enter, remain or stay in the swimming pools in the public parks or the enclosures surrounding the pools at any time when the pools are not open to the public with a lifeguard on duty; (n) Play or engage in model aircraft flying or boats, driving of golf balls, archery, hardball or any similar games of a hazardous nature except at such places as are especially set apart for such purposes; (o) Throw or place on or in any park or public area any paper, rubbish, garbage or refuse matter of any
kind, unless in or adjacent to a receptacle designed for the purpose; but no person shall deposit household rubbish and garbage in any City park, public area, rubbish receptacles or in garbage receptacles;
(p) Urinate or defecate in a park, public area, or r ecreation facility except in proper fixtures in a restroom facility designed for the purpose;
(q) To sell refreshments, food stuffs or novelties in any park or on any street immediately adjacent thereto wi
thout the prior written permission of the Director or the City Council; (r) Use or possess any glass beverage container within the boundaries of any pa rk or public area; (s) Alcoholic beverages are prohibited in mini and neighborhood parks adjacent to joint use areas of elementary schools. It shall be unlawful and a misdemeanor to consume any alcoholic beverage, in any park without first obtaining the permission of the City Council or a permit from the Parks and Recreation Department. It shall be unlawful to possess any can, bottle or other receptacle containing any alcoholic beverage as defined by the Alcoholic Beverage Control Act of the State of California that has been opened, or a seal broken or the contents of which have been partially removed in any park without first obtaining the permission of the City Council or a permit from the Parks and Recreation Department. Signs will be posted and shall read "ALCOHOL CONSUMPTION OR POSSESSION PROHIBITED IN CITY PARK WITHOUT A PERMIT BY T.M.C. 4.16.180(s)"; (t) No person shall go upon any surface in a park with any skateboard, roller skate, rollerblade, in- line skate, coaster, or any similar device, when appropriate signs giving reasonable notice thereof are posted at the park;
(u) A person shall be permitted to use a skateboard in a park only if: (1) the City Council has adopted a resolution which identifies the park at which skateboarding is permitted; and (2) signs are posted at the park affording reasonable notice that: (i) any person riding a skateboard in the park is undertaking a "hazardous recreational activity" pursuant to California Health and Safety Code section 115800; and (ii) the person must wear a helmet, elbow pads, and knee pads; and (iii) that any person failing to do so will be subject to citation pursuant to this section;
(v) Under no circumstances may persons sto re or dispose of waste water (i.e. from baths, sinks, washing machines, and/or other kitchen appliances) or sewage water onto parks or public areas not intended for such disposal;
(w) Parks and public areas shall not be used for storage or a dumping location for any personal items, including without limitation, car parts, bicycle parts, bicycles, furniture, appliances, generators, propane tanks, or combustible materials; and
(x) Under no circumstances may persons create unpermitted electrical or gas connections.

The following subsections under this section shall be a misdemeanor: subsections (d), (e), (h), (i), (j), (k), (l), (o), (p), (v), (w).
(Ord
. 1074 § 2, 2005; Ord. 990 § 1, 1999; prior code § 4-4.18; Ord. No. 1229, § 1, 1-3-2017)

4.16.190 Park closing hours.

It is unlawful and a misdemeanor for any person to enter or remain in a City park, whose closing times have been posted pursuant to section 4.16.200, between dusk and dawn 10:00 pm and 6:00 am, or such other time as is posted by the City Manager or his or her their designee. The City Manager is authorized to designate those parks which shall be closed between the hours of dusk and dawn 10:00 pm and 6:00 am, or such other time as determined by the City Manager, to allow for optimal park use, to preven t potential destruction of public property, to prevent potential nuisance to the residents of adjoining areas, or to prevent hazards to persons using park property. This section shall not apply to the following:
(a) Any Peace Officer or City employee acting wit hin the course and scope of his their employment; (b) Any City-sponsored functions or programs; or
(c) Any person who has received a facility permit or other written authorization from the Director for use of the park after closing hours.
(Ord. 1109 § 1, 2007: prior code § 4-4.19)
(Ord. No. 1204, § 1, 12-15-2015)

4.16.200 Posting of signs.
(a) The signs posting closing hours shall be not less than one square foot in area and upon which, in lettering not less than one-half inch in height, appear the time the park is closed with words such as "ENTERING OR REMAINING IN THIS PARK BETWEEN DUSK AND DAWN 10:00 PM AND 6:00 AM FORBIDDEN BY LAW TMC

4.16.190" or such other times as the City Manager may designate pursuant to section 4.16.190 of this Code.

Any area to remain open shall be posted on a separate sign located within such area. (b) Each park shall be po
sted in the following manner:
(1) If the park does not contain any lineal dimension exceeding 350 feet, by posting signs at each corner of the area and at intervals not exceeding 150 feet, and, if such property has a definite entrance or entrances, at each such entrance;
(2) If the park has lineal dimensions exceeding 350 feet, by posting signs at each corner of the area and at intervals not exceeding 300 feet, and if such property has a definite entrance or entrances, at each such entrance.
(c) For alcoholic restriction, each park shall be posted as follows: "ALCOHOL CONSUMPTION OR POSSESSION PROHIBITED IN CITY PARK WITHOUT A PERMIT BY TMC 4.16.180(s)". (Ord. 1109 § 2, 2007: prior code § 4-4.20)
Chapter 5.12 CAMP CARS AND TRAILERS, TENT SPACES, AND STORAGE OF

PERSONAL PROPERTY IN PARKS AND PUBLIC AREAS
Sections:

5.12.010 Definitions.

For the purpose of this chapter, certain words and phrases are defined as follows and certain provisions shall be construed as herein set forth, unless it shall be apparent from their context that they have a different meaning:
(a) "Camp car and/or trailer" is any unit used for living or sleeping purposes and which is equipped with wheels or similar devices used for the purpose of transporting it from place to place, whether by motive power or other means, and said unit, so equipped, shall be capable of be ing safely operated as a vehicle over the public thoroughfares of the States. Any such vehicle that is incapable of such safe operation, as aforesaid, is hereby declared to be a dwelling as defined in the State Housing Act and shall be subject to the provisions thereof relating to dwelling; (b) "Campground" is defined to mean any place, area or tract of land upon which is located any camp car and/or trailer;
(c) "Personal Property" means any tangible property used b y any person, and includes, without limitation,
sleeping bags, tents, clothes, toiletries, furniture, storage containers, and bicycles; (d) "Public Area" or "Public Areas" means all property that is owned, managed, or maintained by the City and shall include, but not be limited to, any park, street, parking lot, median strip, sidewalk, building, or structure;
(e) "Tent" means a collapsible shelter mad e of any material, including fabric or plastic, used for living habitation and/or storage of personal property; and
(c)(f) “Tent space" is defined as any place, area or tract of land upon which is located any tent . used for living or sleeping purposes.
(Prior code § 5-3.01)

5.12.020 Building Inspector.

It shall be the duty of the Building Inspector to enforce all the provisions of this chapter and for the purpose of securing enforcement thereof, the Building Inspector or any of his duly authorized representatives or agents, shall have the right and are hereby empowered to enter upon the premises of any campground or tent space now operating or which may hereafter be operated within the City to inspect the same and all accommodations connected therewith.
(Prior code § 5-3.02)

5.12.030 Permit to locate a campground or tent space required.

No campground or tent space hereafter established shall be located within the City until the location thereof is approved by the Council.

Upon completion of any such campground or tent space, and prior to the use thereof, the owner or tenter of such campground or tent space shall make application to the Building Inspector for a permit to occupy or use such campground or tent space. The application to occupy shall be in writing upon a form provided by the Building Inspector and shall contain such information as may be required by said Building Inspector w ith respect to the operation of the campground or tent space. It shall be filed with the City Clerk not less than five (5) days, nor more than fifteen (15) days before the campground or tent space is made ready for use, and it shall be accompanied by an inspection fee of Five ($5.00) Dollars.

The Building Inspector shall thereupon make an inspection of the campground or tent space referred to in said application, and if it is found to be in conformity with the requirements of this and all other laws of the City and the laws of the State, said Building Inspector shall issue to the owner or operator thereof a written permit to occupy, which permit shall at all times be posted at a conspicuous place in said campground or tent space. The permit to occupy shall expire one calendar year from date of issue, and may be renewed upon written application, accompanied by an inspection fee of Five ($5.00) Dollars, to the City Clerk.

It shall be unlawful for any person to operate or maintain any campground or tent space within the confines of the City, as herein set forth without first applying for and receiving from the Building Inspector a permit to occupy and without complying with all of the provisions of this chapter and the laws of the State. (Prior code § 5-3.03)

5.12.040 Money to city treasurer.

All moneys received by the City Clerk under provisions of this chapter shall be paid into the City Treasury and placed in the General Fund.
(Prior code § 5-3.04)

5.12.050 Revocation or suspension of permit.

Whenever it is found that any campground or tent space is not being conducted in conformity with the provisions of this chapter or the laws of the State, the permit to operate same shall be subject to revocation or suspension by the Council in the following manner, to wit:

Upon instruction of the Council a notice shall be served by the Building Inspector on the person holding said permit
, specifying wherein he they has have failed to comply with this chapter, and ordering him them to appear before the Council, at a day and hour therein specified, not less than five (5) days after the service of said notice on such permit holder, requiring him to show cause at said time and place why said permit should not be revoked or suspended.

The notice shall be sent by registered mail, postage prepaid, return receipt requested, to the person owning or oper
ating the campground or tent space as such person's name and address appears on the last equalized assessment roll or as known to the Building Inspector. A copy of said notice shall also be posted conspicuously on the campground or tent space alleged to be in violation of this or any other law of the City or of the State. The Building Inspector upon giving notice as aforesaid, shall file an af fidavit thereof with the City Clerk certifying to the time and the manner in which such notice was given. There shall also be filed therewith any receipt cards which may have been returned in acknowledgement of the receipt of such notices by registered mail. The failure of any owner or operator to receive notice shall not affect in any manner, the validity of any proceedings taken hereunder. At the time and place mentioned in said notice, the person holding said permit shall have the right to appear in person or by counsel, and to introduce such evidence as he they may desire, and the Council shall confront said permit holder with any charges that said Council may have against him them, and after said hearing, the Council may at its discretion, revoke or suspend the permit. (Prior code § 5-3.05)

5.12.060 Responsibility of owner or operator.

Every person owning or operating a campground or tent space shall maintain such campground or tent space, and all permanent equipment in connection therewith, in a clean and sanitary condition and shall maintain said equipment in a state of good repair.
(Prior code § 5-3.07)

5.12.070 Ground area for camp cars and/or trailers and tents.

No camp car and/or trailer or tent used for living or sleeping purposes in any campground or tent space now existing, or that may hereafter be established, shall be located within ten (10′) feet of any other camp car and/or trailer, tent, or structure, nor shall any camp car and/or trailer or tent be located within eight (8′) feet of any lot line. Camp cars and/or trailers and tents, as aforesaid, shall be arranged in rows abutting or facing on a driveway or clear unoccupied space of not less than fifteen (15′) feet in width, which space shall have unobstructed access to a public street or alley.
(Prior code § 5-3.08)

5.12.080 Drainage of premises.

Every campground or tent space hereafter established shall be located on a well drained area and the premises of every such ground or tent space or any existing campground or tent space shall be maintained in a sanitary condition and shall be properly graded so as to prevent the accumulation of storm or casual waters. (Prior code § 5-3.09)

5.12.090 Water supply.

An adequate supply of pure water for drinking and domestic purposes shall be suppli ed to meet the requirements of said campground or tent space. Said water supply shall be obtained from faucets only conveniently located in said campground and no dipping vessels or common cups shall be permitted. (Prior code § 5-3.10)

5.12.100 Removal of wheels or similar devices.

It shall be unlawful for any person owning or operating a camp car and/or trailer located in a campground to remove or cause to have removed the wheels, or any similar transporting devices from said camp car and/or trailer or to otherwise permanently fix it to the ground in a manner that would prevent the ready removal of said camp car and/or trailer, or to alter it in any way so as to make it incapable of being safely operated over the public thoroughfares of the State witho ut first obtaining a permit so to do from the Building Inspector. Any alteration to any camp car and/or trailer, as above set forth, shall be construed as removing it from the requirements of this chapter and converting it into a dwelling and it shall thereupon be subject to the requirements of the Building Code of the City and the State Housing Act of California. (Prior code § 5-3.11)

5.12.110 Dogs not allowed at large.

Dogs shall not, at any time, be permitted to run at large in any campground or tent space. (Prior code § 5-3.12)

5.12.120 Water closets.

There shall be provided in every existing campground or tent space and every campground or tent space which may hereafter be established, one water closet for each sex, one of such water closets shall be distinctly marked "For Men" and one of such water closets shall be distinctly marked "For Women" and there shall be provided an additional water closet for each sex for every ten (10) tents, camp cars and/or trailers or fractional part thereof in excess of ten (10) tents, camp cars and/or trailers.
(Prior code § 5-3.13)

5.12.130 Baths.

There shall be provided in every existing campground or tent space and every campground or tent space which may hereafter be established, a stationery bathtub or shower bath equipped with hot and cold running water for each sex. Such bathtubs or shower baths shall be installed in a separate compartment from any water closet unit and there shall be provided additional bathtubs or shower baths for each sex, for every twenty (20 ) tents, camp cars and/or trailers or fractional part thereof in excess of twenty (20) tents, camp cars and/or trailers in said campground and/or tent space.

The Building Inspector may exempt any campground or tent space existing September 1, 1942, from fully complying with the provisions of sections 5.12.120 and 5.12.130 when, in his discretion, such deviation will not be detrimental to the health of persons occupying said campground or tent space or to the proper sanitation of the premises. The floors of every water closet, bathtub or shower bath compartment hereafter installed shall be constructed of cement or some other nonabsorbent material; the walls shall be a smooth waterproof material, and the interiors of all water closets, bathtub or shower compartments shall be maintained in a sanitary condition at all times. (Prior code § 5-3.14)

5.12.140 Garbage receptacles.

There shall be provided in every campground or tent space heretofore or hereafter established, such number of metal receptacles with close fitting metal covers, or other receptacles satisfactory to the Building Inspector for garbage, refuse, ashes and rubbish as may be deemed necessary by the Building Inspector and such receptacles shall at all times be maintained in a clean and sanitary condition.
(Prior code § 5-3.15)

5.12.150 Slop sinks.

There shall be provided in every campground or tent space heretofore or hereafter established one or more slop sinks properly connected with the City sewer system or a cesspool or septic tank, such sinks to be conveniently located at no greater distance than one hundred (100') feet from any camp car and/or trailer, or tent. (Prior code § 5-3.16)

5.12.160 Refuse and sewage disposal.

It shall be unlawful to deposit any waste water, drainage or material from plumbing fixtures, including any such fixtures within any camp car and/or trailer on the surface of any campground or tent space. All such fixtures, when in use, must be connected to the City sewer system, or, in lieu thereof, they may be connected to a cesspool or septic tank constructed in a manner satisfactory to the Building Inspector. (Prior code § 5-3.17)

5.12.170 Lighting.

Every campground or tent space heretofore or hereafter established shall be provided with means of lighting the same at night and all public water closets and bath units shall be provided with sufficient lighting facilities which shall b e kept lighted during the time from one-half hour after sunset until one-half hour before sunrise. (Prior code § 5-3.18)

5.12.180 Facilities now available not to be construed with any hereafter required.

Any water faucets, toilets, garbage receptacles, or other equipment required by the provisions of this chapter in campgrounds or tent spaces or which may hereafter be required by any rules and regulations of the Building Inspector pertaining to campgrounds or tent spaces shall not be construed to mean water faucets, toilets, garbage receptacles or other equipment now or hereafter located in or adjacent to campgrounds or tent spaces and which may already or hereafter be required under provisions of other laws or regulations. (Prior code § 5-3.19)

5.12.190 Fire protection.

Every campground shall be equipped with at least one fire extinguisher for each ten thousand (10,000) square feet of campground area and such additional extinguishers as may be required by the Chief of the Fire Department. Location and type of extinguishers shall be approved by the said Fire Chief. (Prior code § 5-3.20)

5.12.200 Use of camp cars and/or trailers or tents.
(a) It shall be unlawful to occupy any camp car and/or trailer or erect and/or occupy a tent for living or sleeping purposes in any public area, the City for a period longer than twenty-four (24) hours unless the same is located upon a campground or tent space licensed under the provisions of this chapter. provided, however, that temporary permits therefor, limited to seventy-two (72) hours including the first twenty-four (24) hour period, may be granted by the Building Inspector. No permits shall be issued for any camp car and/or trailer or tent occupancy which will constitute a nuisance or a health menace.
(b) It shall be unlawful to occupy a camp car and/or trailer or tent for living or sleeping purposes on in any public area public streets, alleys, or ways in the City at any time. (b) Without limiting the application of subsection (a) above, it shall be unlawful to occupy a camp car and/or trailer or erect and/or occupy a tent as follows:
(1) Within twenty (20) feet of any driveway;
(2) Within five (5) feet of any building entrance or exit; (3) Within ten (10) feet of any fence located on public or private property; (4) Within two (2) feet of any fire hydrant, fire plug, or other fire department connection; (5) Within (1,000) feet of any public building, park playground, homeless shelter facility, school, day care center, recreational facility, or sports field; and
(6) In an area that obstructs or interferes with an activity for which the City has issued a permit. (c) Any person who violates the provisions of this section is subject to criminal prosecution of a misdemeanor. (Prior code § 5-3.21)

5.12.210 Unlawful Storage of Personal Property.
(a) No person shall store any personal property in a public area that constitutes an immediate threat to the health or safety of the public or is evidence of a crime or contraband, which may include, but is not limited to:
(1) Personal property that obstructs or interferes with the flow of pedestrian, bicycle, or vehicle traffic, on any portion of any street, sidewalk, or other public right of way; and (2) Attachment of any personal property to any public area or public property, including but not limited to, a building, bus shelter, the ground, a bench, a fence, pole, trash can, mailbox, sign, tree, or plant, without the City's prior written consent.
(b) The City may remove personal property that is in violation of this Chapter without prior notice. Any person that obstructs or interferes with the City’s removal of property under this Chapter will be subject to a misdemeanor.

5.12.220 Property Storage and Disposal.
(a) The City shall store impounded personal property for a period of time reasonably determined by the Director of the Public Works Department. If the personal property is not claimed within such designated time frame, it may be discarded. The City shall not be required to undertake any search for, or return of, any impounded personal property stored for longer than the period of time reasonably determined by the Director of the Public Works Department.
(b) The City shall maintain a record of the date any impounded personal property was discarded.

APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
TRACY

CITY COUNCIL
ORDINANCE NO. ________________

OMNIBUS AMENDMENT OF THE TRACY MUNICIPAL CODE TO (A) UPDATE CHAPTER 4.16, “REGULATIONS PERTAINING TO THE USE OF PARK AND RECREATION AREAS AND FACILITIES” AND CHAPTER 5.12, “CAMP CARS AND TRAILERS,” AND (B) ADD PROVISIONS PROHIBITING CERTAIN ACTS,

CAMPING, AND STORAGE OF PERSONAL PROPERTY IN PARKS AND

PUBLIC AREAS
WHEREA
S, certain unlawful acts, camping, and unlimited storage of personal property in parks and public areas create unsafe and unsanitary conditions throughout the City of Tracy; and WHEREAS, these conditions interfere with the use of parks and public areas for their intended purpose and impact the health and safety of the public; and WHEREAS, these conditions cause blight throughout the community and damage to public property; and
WHEREAS, throughout the last several years, the City has experienced an increase in illegal activity, camping, and storage of personal property throughout parks and public areas, and the Tracy Municipal Code provides limited enforcement opportunities to address these growing issues; and WHEREA
S, in order to protect the health and safety of the community and the conditions of parks and public areas, amendments to the Tracy Municipal Code are necessary to provide the City with additional enforcement tools; and
WHEREAS, the proposed amendments will allow the City to address specific activities within parks and public areas that are currently not prohibited under the Tracy Municipal Code, and will increase penalties for certain activities to misdemeanors; and WHEREA
S, these changes will increase enforcement opportunities and deter illegal activities in parks and public areas; and
WHEREA
S, such additional enforcement tools are specifically amendments to Chapter 4.16, “Regulations Pertaining to the Use of Park and Recreation Areas and Facilities” and Chapter 5.12, “Camp Cars and Trailers” of the Tracy Municipal Code, as more specifically described in Exhibit A attached hereto and incorporated herein (Amendments); and WHEREAS, the City’s Parks and Community Services Commission considered and provided input on the Amendments to Chapter 4.16 on August 4, 2022; and WHEREAS, the City’s Homeless Advisory Committee considered and provided input on the entirety of the Amendments on August 22, 2022; and
WHEREAS, the Amendments are necessary to expand the City’s enforcement tools to address unlawful acts, camping, and storage of personal property in parks and public areas in order to protect the health and safety of the community and conditions of parks and public areas in the City; and WHEREAS, as supported by substantial evidence in the record and for the reasons set forth in this Ordinance, and, each as a separate and independent basis, that the actions authorized by this Ordinance are exempt from additional review and analysis under the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines (Cal. Code Regs., title 14, section 15000 et seq.) under CEQA Guidelines Section 15307 (Protection of Natural Resources), Section 15308 (Protection of the Environment), and/or Section 15061(b)(3) (Common Sense Exemption), and/or Section 15321 (Enforcement Actions); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TRACY DOES ORDAIN AS FOLLOWS:

SECTIO
N 1. Incorporation of Recitals/Findings. The City Council finds and determines the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City.

SECTION 2. Full Text. The City Council hereby approves the Amendments to Chapter 4.16 , “Regulations Pertaining to the Use of Park and Recreation Areas and Facilities” and Chapter 5.12, “Camp Cars and Trailers” of the Tracy Municipal Code, which are specifically described on Exhibit A.

SECTION 3. CEQA Determination. That the City Council hereby finds and determines, after independent review and consideration, as supported by substantial evidence in the record and for the reasons set forth in this Ordinance, and, each as a separate and independent basis, that the actions authorized by this Ordinance are exempt from additional review and analysis under the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines (Cal. Code Regs., title 14, section 15000 et seq.) under CEQA Guidelines Section 15307 (Protection of Natural Resources), Section 15308 (Protection of the Environment), and/or Section 15061(b)(3) (Common Sense Exemption), and/or Section 15321 (Enforcement Actions). Each of the foregoing provides a separate and independent basis for CEQA compliance and, when viewed collectively, provides an overall basis for CEQA compliance.

SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance shall become effective upon the thirtieth (30 th) day
after final adoption.

SECTION 6. Publication. The City Clerk is directed to publish this ordinance in a manner required by law.

SECTION 7. Codification. This ordinance shall be codified in the Tracy Municipal Code. * * * * * * * * * * * * *
Ordinance _____

The foregoing Ordinance ________ was introduced at a regular meeting of the Tracy City Council on the 6th day of September 2022, and finally adopted on the day of , 202_, by the following vote:
___________________________________________
NANCY
D. YOUNG
Mayor of the City of Tracy, California
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:

ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Date of Attestation:

Ordinance ____

NOTICE AND DIGEST
OMNI

BUS AMENDMENT OF THE TRACY MUNICIPAL CODE TO (A) UPDATE CHAPTER 4.16, “REGULATIONS PERTAINING TO THE USE OF PARK AND RECREATION AREAS AND FACILITIES” AND CHAPTER 5.12, “CAMP CARS AND TRAILERS,” AND (B) ADD PROVISIONS PROHIBITING CERTAIN ACTS,

CAMPING, AND STORAGE OF PERSONAL PROPERTY IN PARKS AND

PUBLIC AREAS
This O
rdinance (Ordinance) amends Chapter 4.16, “Regulations Pertaining to the Use of Park and Recreation Areas and Facilities” and Chapter 5.12 , “Camp Cars and Trailers” and adds provisions prohibiting certain acts, camping, and storage of personal property in parks and public areas. The Ordinance will provide the City of Tracy with additional enforcement tools to protect the health and safety of the community and conditions in parks and public areas . Lastly, the Ordinance will increase the penalties for violations of certain sections to misdemeanors.

Ordinance ____

September 6, 2022

AGENDA ITEM 3.E

ADOPT AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM PURSUANT TO GOVERNMENT CODE 65858 ON

THE PROCESSING OF CONDITIONAL USE PERMITS FOR CANNABIS
ESTABLISHMENTS UNDER CHAPTER 10.08 OF THE TRACY MUNICIPAL CODE,

TO TAKE EFFECT IMMEDIATELY UPON ADOPTION

This item is for the City Council to pass an urgency ordinance to establish a temporary moratorium pursuant to Government Code 65858 on the processing of conditional use permits for cannabis establishments under the Tracy Municipal Code. On December 3, 2019, the City Council adopted Ordinance 1277 establishing local regulations on commercial cannabis activity in the City of Tracy, which regulations are codified in Chapters 6.36 and 10.08.3196 of the Tracy Municipal Code (Code). The Code requires applicants to obtain both Cannabis Business Permits under Chapter 6.36 and Cannabis Conditional Use Permits under Chapter 10.08, in order to establish a retail site in the City

A total of seventeen retail Cannabis Business Permits have been granted under Chapter

6.36 of the Code. Of these, twelve are for retail storefronts and the City has received a total of eleven Cannabis Conditional Use Permits to be processed under Chapter 10.08 of the Code.

Six of the eleven Conditional Use Permits are proposing locations within the Downtown area of the City.

The Downtown area in Tracy is much smaller than other cities. The City has long tried to promote economic development in this area, so the City can have a vibrant Downtown area that attracts residents of all ages. In fact, young children frequent the Downtown area for various classes and food establishments. The Code, as adopted in 2019, does not regulate the maximum number of Cannabis establishments that may exist within any particular zone, the proximity of each establishment to each other or the distance from such establishments from other uses, other than youth centers.

At the Planning Commission meeting of August 24, 2022, and various City Council Meetings in the past, many residents also have expressed their concerns about the potential concentration of cannabis establishments in the Downtown area. We urge our colleagues on the Council to consider this urgency ordinance, as additional Cannabis Conditional Use Permits located in the Downtown Area are scheduled to be heard by the Planning Commission on September 14, 2022.

Absent the adoption of this interim urgency ordinance, it is likely that the establishment and operation of cannabis locations within the City, without appropriate controls in place to regulate the number of such establishments and their relative proximity to each other and other uses will result in harmful effects to the businesses, property owners and residents of the downtown zoning district as well as the overall City. We agree with all of the residents of the City who have expressed these concerns and, again, urge our colleagues to adopt this ordinance, so that the staff can analyze potential regulations or amendments to the Code that could mitigate these issues.

Council Member Bedolla
Council Member Davis

APPROVED AS TO FORM AND LEGALITY

___________________________
CITY ATTORNEY’S OFFICE

TRACY CITY COUNCIL

URGENCY ORDINANCE NO. ________________

INTRODUCED BY COUNCIL MEMBERS BEDOLLA AND DAVIS

AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM PURSUANT TO GOVERNMENT CODE 65858 ON

THE PROCESSING OF CONDITIONAL USE PERMITS FOR CANNABIS
ESTABLISHMENTS UNDER CHAPTER 10.08 OF THE TRACY MUNICIPAL

CODE, TO TAKE EFFECT IMMEDIATELY UPON ADOPTION

WHEREAS, the City of Tracy (City) has an interest in planning and regulating the use of property within the City. Implicit in any plan or regulation is the City's interest in maintaining the quality of urban life and the character of the City's neighborhoods; and

WHEREAS, without stable, well-planned neighborhoods, sections of the City can quickly deteriorate, with tragic consequences to social, environmental, and economic values; and

WHEREAS, in June 2017, the State Legislature adopted Senate Bill 94 creating a new statewide comprehensive regulatory system for medical and adult use commercial cannabis activity, and

WHEREAS, on December 3, 2019, the City Council adopted Ordinance 1277 establishing local regulations on commercial cannabis activity in the City of Tracy, which regulations are codified in Chapters 6.36 and 10.08.3196 of the Tracy Municipal Code (TMC); and

WHEREAS, TMC Section 6.36.040 establishes the number of each type of cannabis business that shall be permitted to operate in the City at any one given time (Cannabis Business Permits); and

WHEREAS, the total number of Cannabis Business Permits issued under TMC Section

6.36.040 is seventeen (17) retailers, of which twelve (12) are retail storefront dispensaries, and five (5) are non-storefront cannabis businesses; and

WHEREAS, in addition to the Cannabis Business Permits, applicants must also obtain a Conditional Use Permit under Chapter 10.08 of the TMC (Cannabis CUPs), and;

WHEREAS, TMC Section 10.08.3196(c) outlines specific zones where cannabis use is allowed within the City, which, generally, are all commercial and industrial zones in the City, with the further restriction that in any permitted zone a cannabis operation may not exist within 600 radius feet of schools, day care centers, or youth centers, as such activities are defined in the TMC; and

Ordinance ___

WHEREAS, as of August 31, 2022, two (2) Cannabis CUPs have been issued, one of which is located in the Central Business District (CBD) zone of the City;

WHEREAS, the CBD zone is a very small geographic area of the City, generally consisting of the area between A Street and East Street and 11th Street to 6th Street, and is commonly referred to as the “downtown” (Downtown Area); and

WHEREAS, nine (9) other applicants await further processing of their Cannabis CUP applications; and

WHEREAS, five (5) of the nine (9) remaining Cannabis CUP applications being processed are proposing sites within the Downtown Area of the City and are located either half a block or a full block apart of each other; and

WHEREAS, the TMC currently does not regulate the maximum number of Cannabis establishments that may exist within any particular zone, the proximity of each establishment to each other or the distance from such establishments from other uses, other than youth centers; and

WHEREAS, on August 24, 2022, during the hearing for a Cannabis CUP, the Planning Commissioners heard various residents of the City express concerns about the potential concentration of the cannabis establishments in the Downtown Area; and

WHEREAS, at various City Council Meetings, many residents also have expressed their concerns about the potential concentration of cannabis establishments in the Downtown Area; and

WHEREAS, the Downtown Area is frequented by not only adult residents of the City but also young children who walk down the streets to attend dance classes or frequent retail and coffee shops in the area; and

WHEREAS, the Downtown Area is a key area of economic development for the City, which seeks to encourage a vibrant and healthy Downtown Area that offers a variety of activities and establishments for all ages in the City to enjoy; and

WHEREAS, the concentration of cannabis establishments in the Downtown Area poses a threat to the economic, public health, safety and welfare of the City; and

WHEREAS, absent the adoption of this interim urgency ordinance, it is likely that the establishment and operation of cannabis locations within the City, without appropriate controls in place to regulate the number of such establishments and their relative proximity to each other and other uses will result in harmful effects to the businesses, property owners and residents of the downtown zoning district as well as the overall City; and

WHEREAS, Article XI, Section 7 of the California Constitution provides that a city may make and enforce within its limits all local police, sanitary and other ordinances and regulations not in conflict with general laws; and

WHEREAS, Government Code Section 65858(a) provides that the legislative body of a city may, to protect the public safety, health and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, Ordinance ___

specific plan, or zoning proposal the City Council is considering or studying or intends to study within a reasonable time; that adoption of such urgency measures requires a four-fifths vote of the legislative body; that such measures shall be of no effect 45 days from the date of adoption, and may be extended a maximum of two times for a total duration of two years; and

WHEREAS, under the City Council’s Rules of Procedure (Rule 4.3.1), any item that a Council Member seeks to add to an agenda must be requested at a Council meeting and have a second vote, for such item to be included in a subsequent meeting; an exception is provided under Rule 4.3.1.1, when two Council Members request the City Manager to add to a future meeting a time sensitive matter; and

WHEREAS, the Planning Commission is scheduled to hear three (3) Cannabis CUPs at its September 14, 2022 meeting; and

WHEREAS, Council Members Bedolla and Davis, each separately, requested the City Manager to schedule this Urgency Ordinance on the September 6 th Council meeting, prior to the
scheduled Planning Commission meeting of September 14th; and

WHEREAS, the City desires to address community concerns regarding the establishment of cannabis establishments within the City and intends to (1) study the potential impacts that the unregulated number, location and proximity of cannabis establishments within certain districts of the City may have on the public health, safety and welfare, (2) determine what local regulations, including but not limited to amendments to existing zoning regulations, may be appropriate to limit the negative impacts of such unregulated standards for cannabis establishments, and (3) determine appropriate controls for the protection of public health, safety and welfare; and

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

SECTION 1. Incorporation of Recitals/Findings. The City Council finds and determines the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City.

SECTION 2. Moratorium. The City Council hereby imposes a temporary moratorium for 45 days on the intake, processing and approval of any Cannabis CUP applications, and staff is directed to take all necessary actions to implement the purpose of this moratorium, including suspending any further intakes of new Cannabis CUP applications, remov ing from the Tracy Planning Commission agenda any scheduled Cannabis CUP applications , or process ing any Cannabis CUP applications that have been recently submitted; and

SECTION 3. Analysis of Amendments/Regulations. The City Council directs to the City Manager to (1) study the potential impacts that the unregulated number, location and proximity of cannabis establishments within the Downtown Area and other districts of the City may have on the public health, safety and welfare, (2) determine what local regulations, including but not limited to amendments to existing zoning regulations, may be appropriate to limit the negative impacts of such unregulated standards for cannabis establishments, and (3) determine appropriate controls for the protection of public health, safety and welfare, and to return with such information to the City Council prior to the expiration of this moratorium.

Ordinance ___

SECTION 4. Effect of Ordinance. For the term of this Ordinance, as set forth in Section 2 hereof, the provisions of this Ordinance shall govern, and to the extent there is any conflict between the provisions of this Ordinance and the provisions of any other City code, ordinance, resolution or policy, all such conflicting provisions shall be suspended; and SECTI
ON 5. CEQA Determination. The City Council finds and determines the adoption this Ordinance is not a project within the meaning of the California Environmental Quality Act (CEQA), including as the term “project” is defined by section 15378 of the CEQA Guidelines, and that even if it were a project under CEQA, it is subject to the CEQA exemptions contained in CEQA Guidelines Sections 15061(b)(3), 15183, and/or 15308, each of which provides a separate and independent basis for a CEQA exemption and when viewed collectively provides an overall basis for a CEQA exemption; and

SECTI
ON 6. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional; and SECTI
ON 7. Effective Date. In accordance with Government Code Section 65858, this Ordinance shall be in full force and become effective immediately as an interim urgency ordinance, in order to protect the public health, safety and welfare, for a period of 45 days from the date of its adoption. This 45- day period may be extended by the City Council in accordance with the provisions of California Government Code Section 65858; and SECTIO
N 8. Publication. The City Clerk is directed to certify to the passage and adoption of this Ordinance causing it to be posted, as required by law, and it shall thereafter be in full force and effect; and
SECTIO
N 9. Codification. This Ordinance shall not be codified in the Tracy Municipal Code.
* * * * * * * * * * * * *
The foregoing Ordinance ________ was introduced at a regular meeting of the Tracy City Council on the ___ day of ________ 2022, and finally adopted on the day of , 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of
the City of Tracy, California
Date of Attestation:

September 6, 2022
AGENDA ITEM 3.F

REQUEST
ADOPT A RESOLUTION DECLARING 200 ACRES OF CITY-OWNED LAND LOCATED AT 15580 AND 15178 WEST SCHULTE ROAD (APNs 209-230-029 AND 209-230-030) AS EXEMPT SURPLUS PROPERTY UNDER GOVERNMENT CODE SECTION 54221(F)(1)(D)

EXECUTIVE SUMMARY
This item for consideration by the City Council of a Resolution declaring real property (the Property) located at 15580 and 15178 West Schulte Road (APNs 209-230-029 and 209
-230-030) as “exempt surplus” property under Government Code Section 54221. The Surplus Lands Act (SLA) of California (Government Code Section 54221 et seq.) requires that a legislative body must declare city-owned property to be “ surplus l and” or “exempt surplus land” before the city can take any action (sale or lease) to dispose of the property. The City of Tracy had determined that t he Property is no longer needed for any City public pur pose , except for the siting of an antennae, which use shall remain in place on the property upon any future disposition.

The Cal
ifornia Legislature adopted Assembly Bill (AB) 758 in 2017 to establish the Tri - Valley-San Joaquin Valley Regional Rail Authority, known as Valley Link, “to plan and help deliver a cost-effective connection from t he San Joaquin Valley to the Bay Area Rapid Transit District’s rapid transit system and the Al tamont Corridor Express in the Tri- Valley, to address regional economic and transportation challenges” (Project). On September 15, 2020, the City Council adopted Resolution 2020-168 , approving a term sheet for an option agreement for Valley Link to acquire the Prope rty for an Operations and Maintenance Facility (O&M Facility). Valley Link and the City are ready to enter into such an option agreement. Pursuant to Section 54221(f)(1)(D) of the SLA, a property that is transferred to another public agency for i ts use is "exempt surplus land".

S
hould the Council adopt the recommended resolution, staff will file a notice of exemption specifically regarding the declaration of the property as exempt surplus land and provide a copy of the adopted resolution to California Department of Housing and Community Development (HCD), as required under the SLA.

BACKGROUND & ANALYSIS
The California Legisl
ature adopted Assembly Bill (AB) 758 in 2017 to establish the Tri- Valley-San Joaquin Valley Regional Rail Authority, known as Valley Link, “to plan and help deliver a cost-effective connection from the San Joaquin Valley to the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express in the Tri- Valley, to address regional economic and transportation challenges.” A board of directors representing the following fifteen entities governs Valley Link: Bay Area Rapid Transit District (BART); the San Joaquin Regional Rail Commission; the Livermore Amador Valley Transit Authority; the Mountain House Community Services District; the counties of Alameda and San Joaquin; and the cities of Dublin, Lathrop, Livermore, Manteca, Pleasanton, Stockton, Danville, San Ramon and Tracy.

The Project Feasibility Report prepared by Valley Link identified a need for an Operation and Maintenance (O&M) Facility to serve Valley Link trains, tracks, and associated equipment. The O&M Facility is projected to create about 400 jobs.

In September 2020, Valley Link approached the City about the Property, commonly referred to as the “Old Antenna Farm,” as a potential site for the O&M Facility. The City acquired the Property in 2006 from the United States Department of Energy, of which 150.18 acres were deed restricted for educational or recreational purposes. In 2020, the City acquired 300 acres in north Tracy from the Wastewater Fund to transfer the deed restriction of educational and recreational uses from the Property to a portion of the property now serving as Legacy Fields and t he future Nature Park. During the 2020 deed restriction conveyance, the City determined that the Property is no longer needed for any City public purpose . The only current use of the Property by the City is an antennae, which use would either remain in place on the Property upon conveyance to Valley Link or be relocated to a new location by Valley Link, at its cost.

On May 12, 2021, pursuant to the California Environmental Quality Act, the Board of Directors of Valley Link certified a Final Environmental Impact Report (FEIR) for the Project, which included the O&M Facility, and also adopted appropriate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.

Concurrently with this agenda, the City Council is considering an option agreement with Valley Link (pursuant to Resolution 2020-168) that will allow Valley Link to acquire the Property at nominal cost as satisfaction of the City’s full contribution toward the Valley Link Project.

This land conveyance would also be used to demonstrate a local match to grant funding being sought by Valley Link for the P roject .

As noted above, pursuant to Government Code Section 54221(b)(1), the City must declare property to be “surplus land” before the City can take any action (sale or lease) to dispose of the Property. Surplus real property is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use;” Pursuant to Section 54221(f)(1)(D) of the SLA , property that is transferred to another public agency for its use is "exempt surplus land". As a result, the California Department of Housing and Community Development (HCD) adopted guidelines to increase compliance with the SLA that clarify and strengthen reporting and enforcement provisions of the Act. This includes submitting a resolution from the City declaring the Property as “exempt surplus land.”

FISCAL IMPACT
The value of the Property will be determined prior to the exercise of the Option by Valley Link and as indicated above the value will constitute the City’s full contribution to the Valley Link Project.

Agenda Item 3.F
September 6, 2022

STRATEGI
C PLAN
This agenda item supports the City of Tracy’s Economic Development Strategic Priority :

Goal #2, Continue to Support Valley Link.

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution declaring 200 acres of City-Owned
land located at 15580 and 15178 West Schulte Road (APNs 209-2 30-029 and 209-230-030) as exempt surplus property under Government Code Section 54221.

Prepared by: Karin Schnaider, Assistant City Manager
Reviewed by: Sara Cowell, Interim Finance Director
Approved by: Michael Rogers, City Manager
Agenda Item 3.F
September 6, 2022

APPROVED AS TO FORM AND LEGALITY
________________________

CITY ATT
ORNEY’S OFFICE

TRACY CITY

COUNCIL
RESOLUTION NO. _______________
WHEREAS, The City of Tracy (City) is the owner of two parcels totaling approximately 200 acres located on 15580 and 15178 West Schulte Road (APNs 209-230-029 and 209-230-030) (Property); and
WHEREAS, In 2006, the City acquired the Property from the United States Department of Energy, of
which 150.18 acres were deed restricted for educational or recreational purposes; and WHEREAS, In
2020, the City acquired 300 acres of recreation land in North Tracy from the Wastewater Fund to transfer the deed restriction of educational and recreational use from the Property to Legacy Fields and the future Nature Park; and

WHEREAS
, The Property has not been utilized by the City for any public purpose other than for
the siting of public safety antennae; and
WHEREAS, The California Legislature adopted Assembly Bill (AB) 758 in 2017 to establish a regional rail authority known as the Tri -Valley -San Joaquin Valley Regional Rail Authority (Valley Link Authority); and
WHEREAS, The City appoints a member to the Board of Directors governing the Valley Link Authority; and
WHEREAS, To address regional economic and transportation challenges, the Valley Link Authority is planning and intends to deliver transit connectivity between the San Francisco Bay Area Rapid
Transit District's system and the Altamont Corridor Express commuter service through a new 42-mile, 7-station passenger rail project known as “Valley Link”” (the "Project"); and WHEREAS, The Valley Link Feasibility Report prepared by Valley Link Authority identified the City of Tracy as a location for a future Valley Link rail station and a proposed operations and maintenance facility on the Property; and

WHEREAS,
On September 15, 2020, the City Council adopted Resolution 2020-1 68, approving a term sheet for an option agreement to convey the Property to the Valley Link Authority, which
desires to use the Property for an Operations and Maintenance Facility (O & M Facility);
and
RESOLUTION DECLARING 200 ACRES OF CITY-OWNED LAND LOCATED AT 15580 AND 15178 WEST SCHULTE ROAD (APNs 209-230-029 AND 209-230-030) AS EXEMPT SURPLUS PROPERTY UNDER GOVERNMENT CODE SECTION 54221(F)(1)(D) WHEREAS, On May 12, 2021, pursuant to the California Environmental Quality Act, the Board of Directors of Valley Link certified a Final Environmental Impact Report (FEIR ) for the Project, which included the O & M Facility, and also adopted appropriate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; and WHEREA
S, Valley Link Authority is actively pursuing federal funding for the Project and desires to enter into the option agreement with the City; and WHEREA
S, Pursuant to Government Code Section 54221( b)(1), the City must declare the Property as either surplus or exempt surplus prior to beginning the disposition process; and WHEREA
S, Pursuant Section 54221(f)(1)(D), property that is transferred to another public agency for its use is "exempt surplus land"; and
WHEREA
S, The Valley Link Authority intends to use the Property as the O&M Facility for the Project; and
WHEREA
S, The Property is not (i) within a coastal zone, (ii) adjacent to a historical unit of the State Parks System, (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places or (iv) within the Lake Tahoe region as defined in Government Code section 66905.5, and therefore no notice of the availability of the Property for open space purposes is required pursuant to GC 54211(f)(2); now, therefore, be it

RESOLVED
: That the City Council of the City of Tracy hereby adopts the Recitals as findings; and be it further

RESOLVED
: That the City Council hereby finds that the Property is no longer needed for any City public purpose, except for the siting of the antennae, which use shall remain in place on the Property upon any future disposition or be relocated to a different site by Valley Link Authority at its sole cost; and be it further

RESOLVED
: That the City Council hereby finds that the Property is considered exempt surplus land pursuant to Government Code Section 54221(f)(1)( D), as long as such Property is conveyed to the Valley Link Authority for its intended use as an O & M Facility for the Project; and be it further

RESOLVED
: That the City Council hereby finds that this action is not a “project” under CEQA and further discretionary actions will be needed before any foreseeable environmental impacts may occur; and be it further

RESOLVED
: That the City Council directs the City Manager to transmit a copy of this Resolution to the California Department of Housing and Community Development no later than thirty (30) days prior to the disposition of the Property.

Resolution 2022-

* * * * * * * * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on __________, by the following vote:

AYES: COUNCI
L MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D.

YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Resolution 2022-

September 6, 2022
AGENDA ITEM 3.G

REQUEST

ADOPT A RESOLUTION APPROVING THE PROPERTY TRANSFER OPTION

AND SALE AGREEMENT WITH JOINT ESCROW INSTRUCTIONS GRANTING TRI-VALLEY – SAN JOAQUIN VALLEY REGIONAL RAIL AUTHORITY A TEN

YEAR OPTION TO PURCHASE, FOR INDEPENDENT CONSIDERATION OF $100 FOR APPROXIMATELY 200 ACRES OF CITY-OWNED EXEMPT
SURPLUS LAND LOCATED AT 15580 AND 15178 WEST SCHULTE ROAD (APNs 209-230-029 AND 209-230-030)

EXECUTIVE SUMMARY
With this item, staff recommends that the City Council adopt a resolution approving an option agreement to transfer real property located at 15580 and 15178 West Schulte Road (APNs 209-230-029 and 209-230-030), formerly known as the “Old Antenna Farm” (Property). This item is an effectuation of the intent expressed by the City Council on Sept
ember 15, 2020, through Resolution 2020-168, in which the City Council approved a term sheet for an option contract to convey the Property to the Tri-Valley – San Joaquin Valley Regional Rail Authority (Authority). The Authority desires to use t he Property for an Operations and Maintenance Facility (O&M Facility) for the Authority’s future 42- mile
, 7-station passenger rail project known as “Valley Link” that will provide transit connectivity in the Tri-Valley between the San Francisco Bay Area Rapid Transit District's system and the Altamont Corridor Express commuter (Project).

Concurrent with this item, the Council will be taking an action to declare the Property exe
mpt surplus land pursuant to the California Surplus Land Act. Such a declaration is based on
the City’s determination that the Property is no longer needed for any City public purpose, except for the siting of a City antennae facility. This facility will either remain in place if the Property is conveyed to the Authority for the Project or be relocated by the Authority to a new location, at its cost. The option agreement will provide the Authority ten (10) years to exercise its option to purchase and close escrow on the Property. If the Authority uses less than the full portion of the Property for either the O & M Facility or a grant match, then such portion of the Property will revert back to the City. If the Authority fails to consummate the transaction within ten (10) years or fails to complete the O & M Facility within ten (10) years after closing, then the entire Property will revert back to the City.

BACKGROUND
The California Legis
lature adopted Assembly Bill (AB) 758 in 2017 to establish the Tri- Valley-San Joaquin Valley Regional Rail Authority, known as Valley Link, “to plan and help deliver a cost-effective connection from the San Joaquin Valley to the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express in the Tri- Valley, to address regional economic and transportation challenges.” A board of directors representing the following fifteen entities governs Valley Link: Bay Area Rapid Transit District (BART); the San Joaquin Regional Rail Commission; the Livermore Amador Valley Transit Authority; the Mountain House Community Services District; the counties of Alameda and San Joaquin; and the cities of Dublin, Lathrop, Livermore, Manteca, Pleasanton, Stockton, Danville, San Ramon and Tracy. To address regional economic and transportation challenges, Valley Link is planning and intends to deliver transit connectivity in the Tri-Valley between the San Francisco Bay Area Rapid Transit District's system and the Altamont Corridor Express commuter service through a new 42-mile, 7-station passenger rail project known as “Valley Link”.

The Projec
t Feasibility Report prepared by the Authority identified a need for an Operations and Maintenance Facility (O&M Facility) to serve Valley Link trains, tracks, and associated equipment. The O&M Facility is projected to create about 400 jobs. In September 2020, the Authority approached the City about two City-owned parcels totaling approximately 200 acres (APNs 209-230- 029 and 209-230-030), commonly referred to as the “Old Antenna Farm” as a potential site for the O&M Facility. The Authority is seeking federal funding and must demonstrate local match, which the City’s Property will satisfy.

The City
acquired the Property in 2006 from the United States Department of Energy, of which 150.18 acres were deed restricted for educational or recreational purposes. In 2020, the City acquired 300 acres in north Tracy from the Wastewater Fund to transfer the deed restriction of educational and recreational uses from the Property to the current Legacy Fields site and the future Nature Park. At that time, the City determined that the Property is no longer needed for any City public purpose, except for the siting of an antennae, which use shall remain in place on the property upon any future disposition.

On May 12,
2021, pursuant to the California Environmental Quality Act, the Board of Directors of the Authority certified a Final Environmental Impact Report (FEIR) for the Project, which included the O&M Facility, and also adopted appropriate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.

Pursuant to
the California Surplus Land Act (SLA) Government Code Section 54221(b)(1), the City must declare the Property to be “surplus land” before the City can take any action (sale or lease) to dispose of the property. Surplus real property is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” Pursuant Section 54221(f)(1)(D), property that is transferred to another public agency for its use is "exempt surplus land".

Concurrently with this agenda item, the Council is considering a Resolution declaring the Property to be exempt surplus land in accordance with the SLA.

The Califor
nia Department of Housing and Community Development (HCD) adopted guidelines to increase compliance with the SLA that clarify and strengthen reporting and enforcement provisions of the Act. This includes submitting the Resolution adopted by the Council declaring the Property as “exempt surplus land” and a requirement that no disposition occur until thirty (30) days after such Resolution has been sent to HCD.

Agenda Item 3.G
September 6, 2022

ANALYSIS
On Septem
ber 15, 2020, the City Council approved Resolution 220-168, which approved the option agreement term sheet with the Authority and authorized the City Manager to execute the term sheet.

An option agreem
ent provides a party with the option to lease or purchase a property. In this case, the parties have discussed entering into an option agreement through which the Authority will be granted an exclusive option to “purchase” the Property.

The following are
key provisions of the option agreement:
• City will grant an exclusive option to the Authority to purchase the Property. • There is no cost to the Authority for the purchase value of the Property, except that the
Authority must pay $100 of Independent Consideration for the Option and all closing costs, as well as the cost to relocate the existing antenna facility to a suitable site if the Authority does not wish to keep it at the Property. The value of
the Property will be considered an in-kind contribution by the City to the Authority to be leveraged for additional grant funding, and the consummation of the conveyance will
constitute the City’s full contribution to the Project. • The Authority will
have a term of ten years to exercise the Option.
• If the Property is not used by the Authority within 10 years of the purchase date, the Property
will revert to the City; and if less than the entire Property is used for the O&M
Facility, then such portion that is not either used for a grant match or constitute surplus land under the SLA will revert to the City.

The Authority
Board will be considering the proposed agreement at its meeting on September 14, 2022. As noted above, the HCD Guidelines require that any disposition occur only after 30 days of sending a declaration of exempt surplus to HCD. As the option agreement is binding on the parties, the City and the Authority may execute the contract in early October 2022, subject to approvals by the Authority Board and the Council.

FISCAL IMPACT
The book value of the Pr
operty is approximately $1.2 million per the acreage swap at Legacy Fields. The market value will be determined prior to the exercise of the Option by the Authority, to serve as the true value of the City’s contribution to the Project.

STRATEGIC PLAN
This agenda item supports the City of Tracy’s Economic Development Strategic Priority :

Goal #2, Continue to Support Valley Link.

RECOMMENDATION
Agenda Item 3.G
September 6, 2022