ANALYSIS
On September
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 agreement
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 Boar
d 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 Propert
y 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.C
September 20, 2022
Staff recommends that the City Council 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 (10) 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 209-2 30-029 and 209-230-030).
Prepared by: Karin Schnaider, Assistant City Manager
Reviewed by: Sara Cowell, Interim Finance Director
Midori Lichtwardt, Assistant City Manager
Approved by: Michael Rogers, City Manager
ATTACHMENTS:
Attachment A: Property Transfer Option and Sale Agreement with Joint Escrow Instructions
Agenda Item 3.C
September 20, 2022
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600.1
PROPERTY TRANSFER OPTION AND SALE AGREEMENT WITH JOINT ESCROW
INSTRUCTIONS
THIS P ROPERTY TRANSFER OPTION AND SALE AGREEMENT WITH JOINT ESCROW INSTRUCTIONS (this “ Agreement”) is entered into as of October ____, 2022 (“Effective Date”) by and between the City of Tracy ("Seller”) and the Tri-Valley—San Joaquin Valley Regional Rail Authority (“Buyer”). Seller and Buyer are hereinafter collectively referred to as the “Parties.”
RECITALS
WHEREAS, Sell er owns approximately 200 acres of re al property located in the City of Tracy, County of San Joaquin, State of California, commonly referred to as 15580 and 15178 W.
Schulte Road (APNs 209 -230-29 and 209-230-30) and more particularly described in Exhibit A attached hereto and incorporated herein (the “Property”); and WHEREAS, The Ca lifornia 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, also known as Buyer, hereunder; and
WHEREAS, Seller appoints a member to the Board of Directors governing Buyer; and WHEREAS, T o address regional economic and transportation challenges, Buyer 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 Buyer identified the City of Tracy as a location for a future Valley Link rail station and a proposed operations and maintenance facility (O & M Facility) on the Property; and
WHEREAS, the City Council of Tracy, pursuant to Resolution 2020-168, approved a term sheet for Buyer to acquire an option to acquire the Property , at nominal cost , as Seller’s full contribution towards the Valley Link Project; and
WHEREAS, Buyer is seeking federal funding and must demonstrate local match, which Seller’s Property will help satisfy; and
WHEREAS, Pursuant to the authority granted in Resolution 2022- ___, the City has declared the Property "exempt surplus property" pursuant to the term of the Surplus Land Act, as a transfer to another agency for that agency's use pursuant to California Government Code Section 54221(F)(1)(D).
WHEREAS, Pursuant to the authority granted in Resolution 2022-___, the City is willing to enter into this Agreement, as full satisfaction of Seller’s contribution to the Project, on the terms and conditions set forth herein.
ATTACHMENT A
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NOW, THEREFORE , in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Grant of Purchase O ption. Seller hereby grants to Buyer the exclusive and irrevocable option ( "Option") to purchase the Property, for the Option Term, in accordance with this Agreement. The Option shall be exercised as hereinafter set forth.
2. Option Payment. Notwithstanding anything in this Agreement to the contrary, Buyer shall deliver to Seller , within 30 days after the execution of this Agreement, One Hundred D ollars ($100) (the “Independent Consideration”), which amount has been bargained for and agreed to as consideration for Seller’s execution and delivery of this Agreement. The Independent Consideration is in addition to and independent of all other consideration provided for in this Agreement and is non-refundable in all events.
3. Term of Option. Th
e term of the Option will commence as of the Effective Date and will expire ten years after the Effective Date (the "Offer Expiration Date"). Buyer may exercise the Option to purchase the Property at any time during the Option Period pursuant to Section 5. After the Option Expiration Date, the Option will expire and become null and void, unless the Parties mutually agree to an extension of the term of the Option.
4. Compensation. Other than the Independent Consideration, Buyer shall pay no cash compensation for the Property. Transfer of the Property will constitute Seller’s full contribution to the Project.
5. Exercise of Option. The Option must be exercised by Buyer in Buyer's sole discretion, if at all, by giving notice of its exercise of the Option (" Exercise Notice"). The date the notice is provided to Seller is the "Exercise Notice Date."
6. Memorandum of Option. Bu yer and Seller shall execute and record in the Official Records of the County of San Joaquin a Memorandum of Option Agreement within 10 days after the Effective Date of this Agreement, in the form attached hereto as Exhibit B. If the Option becomes null or void, Buyer shall record a Quitclaim Deed and take any further actions necessary to remove any cloud on title due to the recordation of the Memorandum of Option.
7. Escrow; Escrow Instructions. No later than five (5) business days following the E xer cise
Notice Date the Parties shall open an escrow to consummate the purchase and sale of the Property pursuant to this Agreement at the office of ______________ (“Title Company” or “Escrow Agent”) or such other title company as may be mutually agreed upon by the Parties. Upon the opening of escrow, the Parties shall deposit with the Escrow Agent an executed copy of this Agreement, which shall serve as the joint escrow instructions of Buyer and Seller for this transaction, together with such additional instructions as may be executed by the Parties and delivered to the Escrow Agent.
8. Due Diligence. Buyer
shall have a ninety (90) day due diligence period starting as of the date of the Exercise Notice Date (“Due Diligence Period ”) to evaluate the legal, physical , and other conditions of the Property and determine if they are acceptable to Buyer. - 3 -
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a. Feasibility Studies. During the Due Diligence Period Buyer may, at no expense to Seller, undertake an inspection and review of the Property, including without limitation (i) a review of the physical condition of the Property, including but not limited to, inspection and examination of soils, environmental factors, Hazardous Materials (as defined in Section 20(a )(vii), and archeological information relating to the Property; (ii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and laws affecting the Property, and (iii) an evaluation of the Property to determine its feasibility for Buyer's intended use. All of the foregoing is hereinafter collectively referred to as “Feasibility Studies .” Buyer may consult with or retain civil engineers, contractors, soils and geologic engineers, architects and other specialists in its investigation, and may consult with or retain other consultants to determine if the Property is suitable for Buyer's intended use. Notwithstanding anything to the contrary stated herein, Buyer acknowledges and agrees that it perform a Phase II environmental report only upon completion of a Phase I report and advanced written approval by Seller that a Phase II investigation is necessary and of Buyer’s proposed sampling plan for such Phase II investigation. b. Other matters. D
uring the Due Diligence Period, Buyer shall have the right to perform due diligence regarding the investigation, assessment, and monitoring of the environmental condition of the Property, and Buyer may inspect, examine, survey and review any other matters concerning the Property, including without limitation, any and all studies or reports provided by Seller, all contracts, leases, rental agreements and other obligations relating to the Property, and the Property’s conformity with all applicable laws and regulations. All of the foregoing is hereinafter collectively referred to as “Due Diligence Materials .” Notwithstanding the foregoing, Buyer acknowledges and agrees that the foregoing shall not grant Buyer approval rights with respect to Seller’s use of the Property prior to Closing. c. Property Condition. Buy
er acknowledges and agrees that if Buyer purchases the
Property, then it shall acquire the Property subject to any and all deficiencies, defects and other matters referred to or otherwis e set forth in (i) the Feasibility Studies, (ii) the Due Diligence Materials, (iii) any and all documents, studies or reports provided by Seller , (iv) all contracts and other obligations relating to the Property delivered to or otherwise made available to Buyer. Seller makes no representations or warranties with respect to the adequacy or accuracy of any report, study or other information prepared by a third party for or on behalf of Seller and provided to Buyer. Except for any breach of the representations made by Seller herein as specified in Section 20, Seller shall have no liability with respect to any matters disclosed to Buyer or contained in the Feasibility Studies, Due Diligence Materials or other materials developed for or provided to Buyer.
Notwithstanding the foregoing, Buyer acknowledges that the City has an antennae and related equipment on the Property, which Buyer agrees to keep in its existing location or relocate to a suitable replacement site, at Buyer’s sole cost.
d. Disapproval of Property Condition. Should Buyer fa
il to approve the condition of
the Property or its feasibility for Buyer's intended use in writing within five (5) business days following the end of the Due Diligence Period, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow and terminate this Agreement. The exercise of this right by Buyer shall not constitute a waiver by B uyer of any other rights B uyer may have at law or in equity.
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9. Seller Documents. Seller agrees to make available to Buyer within five (5) business days following the Exercise Notice Date, any and all information, studies, reports, investigations, contracts and other obligations concerning or relating to the Property which are in Seller ’s possession or which are reasonably available to Seller , including without limitation surveys, studies, reports and investigations concerning the Property’s physical, environmental or geological condition, habitability, or the presence or absence of Hazardous Materials in, on or under the Property and its compliance with Environmental Laws (as defined in Section 20(a)(vii)).
10. Right of Entry. During the Due Diligence Period, Buyer and Buyer's agents and employees shall have the right, upon rea sonable written notice to Seller , to enter upon the Property for the purpose of inspecting, examining, surveying and reviewing the Property (the “ Due Diligence Inspections”). Buyer's inspection, examination, survey and review of the Property shall be at Buyer's sole expense. In addition to the terms set forth in Section 8a, Buyer shall obtain Seller's advance consent in writing to any proposed physical testing of the Property by Buyer or Buyer's contractors or agents, which consent shall not be unreasonably conditioned, withheld or delayed.
Buyer shall repair, restore and return the Property to its original condition after such physical testing, at Buyer’s sole expense. Buyer agrees to indemnify Seller and hold Seller harmless from and against all liability, loss, cost, damage and expense (including, without limitation, reasonable attorney’s fees and costs of litigation) resulting from entry upon the Property by Buyer or its employees, consultants, contractors or agents (other than mere discovery of pre -existing conditions), except to the extent that such liability, loss, cost, damage and expense arises as a result of the gross negligence or other wrongful conduct of Seller or its employees (while acting in the capacity of staff to Seller), consultants, contractors or agents.
11. Title Condi
tion.
a. Buyer shall have the right to approve any and all matters of and exceptions to title of the Property, including any surveys, the legal description, or other title matters, as disclosed by the following documents and instruments, which documents (collectively, “ Title Documents”) shall be delivered to Buyer no later than three (3) days from Exercise Notice Date: (A) a preliminary title report issued by Escrow Holder with respect to the Real Property ("Preliminary Report") and (B) copies of all documents, whether recorded or unrecorded, referred to in such Preliminary Report; provided, however, Seller shall not be obligated to provide separate copies of documents referenced in the Preliminary Report if such documents are accessible via hyperlinks incorporated into such Report, are not in Seller’s actual possession ; provided, however, in the event that Buyer requires additional information or is not satisfied with results, it shall be Buyer’s responsibility (at its sole cost and expense) to perform UCC lien searches or procure professional services for such services. Seller shall provide such documents within five (5) business days of the Exercise Notice Date.
b. The Real Property shall be conveyed to Buyer by Seller by grant deed, in the recordable form customarily used by Escrow Holder in the County (" Grant Deed"). Such Grant Deed shall convey fee simple title to the Real Property to Buyer, subject only to (a) a lien to secure payment of current real estate taxes, not delinquent; (b) the lien of current supplemental taxes, not delinquent; and (c) any liens, encumbrances, restrictions and charges against fee simple title which are expressly approved by Buyer or are Disapproved Exceptions in accordance with this Section 11 (collectively “Permitted Exceptions”).
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c. Title Objections. Within fifteen (15) days after recei pt of the specified Title Documents, Buyer shall give Seller written notice (“ Buyer’s Title Notice”) of Buyer's approval or disapproval of the legal description and every item or exception disclosed by the Title Documents, which approval or disapproval may be exercised by Buyer in its sole and absolute discretion. Buyer’s failure to provide Buyer’s Title Notice to Seller within the specified time period shall be deemed Buyer's approval of all liens, encumbrances, restrictions and claims against the Property reflected in the Title Documents. If Buyer so disapproves of any matter of title shown in the Title Documents, then within twenty (20) days of Buyer's receipt of such Title Documents, Seller may give Buyer written notice (“ Seller’s Title Notice”) of those disapproved exceptions that Seller is willing to eliminate or cure. Seller’s failure to deliver Seller’s Title Notice by the time set forth herein, shall be deemed Seller's refusal to remove the disapproved title matters (“Disapproved Exceptions”). If Seller is unable or unwilling to remove, or is deemed to refuse to remove, any of the title matters objected to by Buyer, Buyer may elect to either (1) purchase the Property subject to the Disapproved E xceptions, or (2) terminate this Agreement, provided s uch election is made before expiration of the Due Diligence Period. If no election is made, it shall be deemed to have been made so as to purchase the Real Property subject to the D isapproved Exceptions. Regardless of the foregoing, Seller must remove any Monetary Liens (if any) prior to Closing. If this Agreement is terminated pursuant to this Section 11(c), (x) any further obligations of the parties under this Agreement shall cease (except those obligations that are expressly intended to survive the ter mination of this Agreement); (y) all Deposits shall immediately be returned to Buyer, net of any escrow or title costs charged by the Title Company; and (z) Buyer shall return to Seller all Due Diligence Materials within five (5) business days from such termination date.
12. Title Policy.
Title Company will issue a title commitment for a n A LTA Extended Coverage Owner’s Title Insurance Policy (“Title Policy”) in the amount of $_________ for the benefit and protection of Buyer, showing title to the Property vested in Buyer, subject only to the Permitted Exceptions (as defined below), including such endorsements as may reasonably be requested by Buyer. Buyer shall be responsible for all costs for issuance of the Title Policy as well as any fees for the title search, title commitment, or costs associated with extended coverage or other endorsements or lenders' title policies. Notwithstanding the foregoing, Buyer may, in its sole discretion, elect not to obtain such Title Policy.
13. Conveyance of Title. A
t the close of escrow, Seller shall convey by Grant Deed to Buyer fee simple title to the Property, free and clear of all recorded and unrecorded liens, encumbrances, easements, and leases, except the Permitted Exceptions and a r ight of reversion to Buyer as follows: a) in the event that Buyer fails to use the Property as an O & M Facility within ten (10) years of Closing Date, then the entire Property shall revert back to Seller or, alternatively, (b) in the event only a portion of the Property is used as an O & M Facility, then such portion of the Property that is not used either to satisfy a grant match requirement and/or constitutes non-exempt surplus land under the Surplus Land Act (as currently adopted) shall revert back to Seller , either reversion to occur ten (10) years from the Closing Date . The Grant Deed shall contain a reversionary interest to Seller in the event the Property is not used for the Project within ten (10) years of the Close of Escrow. The specific wording of the reversionary interest shall be subject to review by federal grant -making agencies to ensure that it will not interfere with the use of the Property as a local match for potential federal aid for the Project. - 6 -
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14. Closing Documents.
a. Seller. No later than three (3) business days prior to the Closing Date, Seller shall deposit into escrow all of the following:
i. A Grant Deed, substantially in the form attached hereto as Exhibit C, duly executed, and acknowledged, sufficient to convey to Buyer good and marketable fee simple title to all of the Property, subject only to the Permitted Exceptions and a right of reversion to Seller reflecting the terms set forth in Section 13, the specific language for which terms the Parties shall negotiate and finalize for the Grant Deed before Closing; and ii. Such additional duly executed instruments and documents as the Escrow A
gent may reasonably require to consummate the transaction contemplated hereby. b. Buyer. No later than three (3) business days prior to the Closing Date, Buyer shall deposit into escrow all of the following:
i. Duly executed and acknowledged Certificate of Acceptance as required by G
overnment Code Section 27281; and
ii. Such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the transaction contemplated hereby.
15. Close of Escrow. As used in this Agreement, the “ C lose of Escrow ” or “Closing ” or “Close” shall mean the date the Grant Deed (“Grant Deed”) conveying fee title to the Property to Buyer is recorded in the Office of the Recorder of the County of San Joaquin, California (the “Official Records”) as provided for herein.
i. The Clos i ng must occur within sixty (60) days afte r the Due Diligence Period ends, provided all conditions to close have been met at least five (5) business days prior to Closing. The Parties shall execute such additional escrow instructions as may be customarily and reasonably requested by Escrow Holder to enable the Closing to proceed. At least one (1) Business Day prior to the scheduled Closing Date, Seller and Buyer shall each deposit with the Escrow Holder executed estimated closing statements consistent with this Agreement, in the form reasonably required by the Escrow Holder.
ii. The Escrow Agent shall close escrow by: (a) causing the Grant Deed to be recorded in the Official Records; (b) issuing the Title Policy and delivering same to Buyer (unless Buyer has waived this requirement); and ( d) delivering to Buyer a conformed copy of the Grant Deed, indicating recording information thereon. Possession of the Property shall be delivered to Buyer at the close of escrow.
16. Closing Costs. B
uyer shall pay all costs of title insurance and title reports, escrow fees (including the costs of preparing documents and instruments), recording fees, conveyance fees and transfer taxes (if any).
17. Prorations. At the close of escrow, the Escrow Agent shall make the following prorations:
property taxes (if any are applicable to the Property) shall be prorated as of the close of escrow - 7 -
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based upon the most recent tax bill available, including any property taxes which may be assessed after the close of escrow but which pertain to the period prior to the transfer of title to the Property to Buyer, regardless of when or to whom notice thereof is delivered.
18. Buyer's C
onditions to Closing. The close of escrow and Buyer's obligation to purchase the Property are conditioned upon: (i) the performance by Seller of each obligation to be performed by Seller under this Agreement within the applicable time period, or the waiver by Buyer of such obligations; (ii) Seller’s representations and warranties contained in this Agreement being true and correct as of the Close of \Escrow; (iii) the commitment by Title Company to issue and deliver the Title Policy, subject only to the Permitted Exceptions; and (iv) Buyer’s approval of the condition of the Property pursuant to Section 8.
Should any condition to closing fail to occur, excepting any such conditions that have been waived by Buyer, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow and terminate this Agreement, in which case Buyer shall recover any and all amounts paid by Buyer, as applicable, to Seller or deposited with the Escrow Agent by or on behalf of Buyer , net of any closing or escrow costs. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other rights Buyer may have at law or in equity.
19. Seller’ s Conditions to Closing. The Close of E scrow and Seller ’s obligation to sell the Property pursuant to this Agreement are conditioned upon: (i) the performance by Buyer of each obligation to be performed by Buyer under this Agreement within the applicable time period, or waiver by Seller of such obligation; and (ii) Buyer's representations and warranties contained in this Agreement being true and correct as of the Close of Escrow.
20. Seller's Representations and Warranties.
a. Seller hereby represents and warrants that to Seller's actual knowledge, except as disclosed in writing to Buyer, as of the Close of Escrow:
i. That Seller owns fee title to the Property. Seller has not previously sold, transferred, or conveyed the Property that would affect or impair Seller’s ability to perform under this Agreement, and Seller has not entered into any executory contracts for the sale of the Property (other than this Agreement), nor do there exist any rights of first refusal or options to purchase the Property.
ii. Except for any Permitted Exceptions and any agreements that have been disclosed to Buyer in writing, there are no leases, licenses, contracts or other agreements relating to the Property which will be in force after the Closing Date. iii. There is no pending (nor has Seller received notice of any threatened) action, litigation, condemnation or other proceeding against the Property or against Seller with respect to the Property.
iv. Seller has not received written notice from any government al authority having jurisdiction over the Property to the effect that the Property is not in compliance with applicable laws and ordinances (including any laws concerning the use, generation, handling, disposal or storage of Hazardous Materials (as defined below)). - 8 -
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v. Seller has not received written notice of any action, suit or proceeding pending, and Seller has no actual knowledge of any threatened against or affecting all or any portion of the Property, or relating to or arising out of the ownership, management, development, proposed development or operation of the Property, or which would affect Seller’s ability to perform its obligations under this Agreement in any court or arbitration or other quasi -judicial proceeding or before or by any governmental or quasi-government authority. vi. Seller has not received any notice from any insurer of defects or conditions relating to the Property that must be corrected.
vii. There has been no release of any Hazardous Material at, under or upon the P
roperty, in an amount which would, as of the date hereof, give rise to an Environmental Compliance Cost (as defined below). The term “ Hazardous Material ” shall mean asbestos, petroleum products, and any other hazardous waste or substance which has, as of the date hereof, been determined to be hazardous or a pollutant by the U.S. Environmental Protection Agency, the U.S. Department of Transportation, or any State or Federal instrumentality authorized to regulate substances in the environment which has jurisdiction over the Property ( each being referred to herein as an “Environmental Agency”) which substance causes the Property (or any part thereof) to be in material violation of any applicable Environmental Law, and shall include, but not be limited to: (A) a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 (14), Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. §1321; (B) a “hazardous waste” pursuant to Section 1004 or Section 3001 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6903, 6921; (C) a toxic pollutant under Section 307(a)(1) of the Federal Water Pollution Control Act, 33 U.S.C. §1317(a)(1); (D) a “hazardous air pollutant” under Section 112 of the Clean Air Act, 42 U.S.C. §7412; (E) a “hazardous material” under the Hazardous Materials Transportation Uniform Safety Act of 1990, 49 U.S.C. App. §1802(4); (E) a “hazardous material” pursuant to the California Health & Safety Code; or (F) toxic or hazardous pursuant to regulations promulgated under the aforementioned laws (all of the foregoing laws, rules and regulations as any may be amended from time to time being collectively referred to herein as “Environmental Laws”); provided, however, that the term “Hazardous Material” shall not include (x) motor oil and gasoline contained in or discharged from vehicles not used primarily for the transport of motor oil or gasoline, or (y) materials which are stored, used, held, or disposed of in compliance with all applicable Environmental Laws. The term “ Environmental Compliance Cost ” means any out -of-pocket cost, fee or expense reasonably incurred directly to satisfy any requirement imposed by an Environmental Agency to bring the Property into compliance with applicable Environmental Laws directly relating to the existence on the Property of any Hazardous Material but excepting therefrom any costs resulting actions or omissions of Buyer caused by Buyer or its agents, either from its Feasibility Studies or otherwise.
b. Seller f
urther represents and warrants that this Agreement and all other documents delivered or to be delivered in connection herewith prior to or at the close of escrow shall at the time of their delivery: (a) have been duly authorized, executed, and delivered by Seller; (b) be the binding obligations of Seller; (c) collectively be sufficient to transfer all of Seller’s right, title and interest in and to the Property; and (d) not be in violation of the provisions of any agreement to which Seller is a party or which affects the Property. Seller further represents and warrants that the persons who have executed this Agreement on behalf of Seller are authorized to do, that Seller - 9 -
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has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that this Agreement is enforceable against Seller in accordance with its terms. c. Seller shall notify B uyer of any facts that would cause any of the representations contained in this Agreement to be untrue as of the close of escrow. If Buyer reasonably believes that any such fact materially and adversely affects the Property, B uyer shall have the option to terminate this Agreement by delivering written notice thereof to Seller. In the event Buyer elects to terminate this Agreement, all funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate.
21. Seller’ s Covenants. Seller covenants that from the Notice Exercise Date and through the Close of Escrow, Seller: (i) shall not permit any liens, encumbrances, or easements to be placed on the Property other than Permitted Exceptions; and (ii) shall not enter into any agreement regarding the sale, lease, rental, management, repair, improvement, or any othe r matter affecting the Property that would be binding on Buyer or the Property after the Close of Escrow without the prior written consent of Buyer, which may be given or withheld in Buyer’s reasonable discretion.(.
22. Buyer's Representations, Warranties and Covenants. Buyer represents, warrants and covenants that this Agreement and all other documents delivered in connection herewith, prior to or at the Close of Escrow shall at the time of their delivery: (i) have been duly authorized, executed, and delivered by Buyer; (ii) be the binding obligations of Buyer; and (iii) not be in violation of the provisions of any agreement to which Buyer is a party. Buyer further represents and warrants that the persons who have executed this Agreement on behalf of B uyer have been duly authorized to do, that Buyer has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that Agreement is enforceable against Buyer in accordance with its terms.
23. Buyer's Post-Cl osing Obligations. If the Property is not used for the Project within ten (10) years of the Close of Escrow, Buyer's interest in the Property shall terminate and the Property will revert to Seller pursuant to Seller's Power of Termination, as detailed in the Grant Deed . Buyer shall remain obligated under this Section after the transfer of the Property, and the restrictions on use and conditions for continued ownership by Buyer contained in this Section 23 shall be contained in the Grant Deed and survive closing.
24. Condemnation. If prior to Close of Escrow, any por tion of the Property is taken by eminent
domain (or an action of eminent domain has been commenced against all or any portion of the Property) (excluding for purposes of this Section , the exercise of any eminent domain powers by Buyer), upon Seller’s receipt of notice thereof Seller shall promptly notify Buyer of such fact, and Buyer shall have the option to terminate this Agreement upon notice to Seller given not later than twenty (20) days after B uyer's receipt of Seller ’s notice. If B uyer elects to terminate this Agreement, all funds and documents deposited into escrow by or on behalf of B uyer shall be returned to Buyer, net of any escrow or title costs, and all rights and obligations hereunder shall terminate.
25. Notices. Exc ept as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
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a. personal delivery, in which case notice is effective upon delivery; b. certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; c. nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or
To Seller: City of Tracy
City Attorney
333 Civic Center Plaza
Tracy, CA 95376
To Buyer: Tri-Valley – San Joaquin Valley Regional Rail Authority 2600 Kitty Hawk Road, Suite 103
Livermore, CA 94551
Attn. Executive Director
With a copy to: Michael N. Conneran
Hanson Bridgett LLP
1676 N. California Blvd., Suite 620
Walnut Creek, CA 94596
26. No Brokers. B
uyer hereby represents and warrants to Seller that Buyer has retained no broker or other party on behalf of Buyer to whom a commission or finder’s fee is due with respect to the transactions contemplated hereby. Buyer shall defend, indemnify and hold Seller harmless from and against all claims, expenses, costs, or arising in connection with a breach of this warranty and representation by Buyer. Seller hereby represents and warrants to the Buyer that Seller has retained no broker or other party on behalf of Seller to whom a commission or finder’s fee is due with respect to the transactions contemplated hereby. Seller shall defend, indemnify and hold Buyer harmless from and against all claims, expenses, costs, or arising in connection with a breach of this warranty and representation by Buyer . T he terms of this Paragraph shall survive the expiration or earlier termination of this Agreement.
27. Expenses. Except as otherwise provided herein, each party will bear their own expenses associated with this Agreement, the acquisition and other transactions contemplated herein, including, without limitation, legal, accounting, due diligence and other fees and disbursements of consultants and advisors.
28. Attorneys’ Fees.
If either Party fails to perform any of its obligations under this Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation of any provision hereof, then the prevailing party in any proceeding in connection with such dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys’ fees and disbursements.
- 11 -
18863600.1
29. Survival. The representations and warranties in this Agreement and all indemnification obligations shall survive the Closing. The obligation to perform those provisions of this Agreement that are not to be performed until after Close of Escrow shall survive the Close of Escrow until such time as all obligations described in this Agreement have been fully performed (and all payments and costs described herein shall have been fully paid) by the responsible party.
30. General Provisions.
a. Entire Agreement. This Agreement, together with Exhibits A through C constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior negotiations and agreements with respect thereto.
b. No Merger. The obligations stated herein that are intended to operate after the Closing shall not merge with the transfer of title to the Property but shall remain in effect until fulfilled as provided herein.
c. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. d. Interpretation; Captions. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiati on and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. e. Exhibits. Exhi
bits A through C attached hereto are incorporated herein by this reference and made a part of this Agreement.
f. No Th ird-Party Beneficiaries. Nothing contained in this Agreement is intended by the Parties, nor shall any provision of this Agreement be deemed or construed by the Parties or by any third person, to be for the benefit of any third party, nor shall any third party have any right to enforce any provision of this Agreement or be entitled to damages for any breach by Buyer or Seller of any of the provisions of this Agreement, except as expressly provided herein with respect to Buyer.
g. Amendments. Thi
s Agreement may be modified or amended only by an instrument in writing executed by both Buyer and Seller.
h. Assignment Prohibited. This Agreement and the rights conferred her eunder may not be assigned by operation of law or otherwise absent the express written consent of the Parties, except as otherwise expressly provided herein.
i. Escrow Cancellation Charges. I f the escrow fails to close by reason of a default by Buyer, or Seller hereunder, such defaulting party shall pay all escrow or other Title Company charges. If the escrow fails to close for any reason other than default by Buyer or Seller, then Buyer and Seller shall each pay one-half of such charges. - 12 -
18863600.1
j. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original, and all of which taken together shall constitute one agreement. This Agreement may be executed and transmitted by facsimile, or may be executed, scanned and transmitted by e -mail, and when so transmitted shall be a binding obligation on the party that signed and transmitted the document and shall be deemed to be in full compliance with the provisions of California Civil Code §1624.
k. Further Assurances. S
eller and Buyer each agree to undertake such other actions as may reasonably be necessary to carry out the intent of this Agreement, including without limitation, the execution of any additional documents which may be required to effectuate the transactions contemplated hereby.
l. Severability. I
f any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby.
m. Non-Li
ability of Officials, Employees and Agents. No member, official, employee or agent of Buyer or Seller shall be personally liable in the event of any default or breach hereunder by either Party.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Dat
e.
CITY OF TRACY TRI-VALLEY – SAN JOAQUIN
VALLEY REGIONAL RAIL
AUTHORITY
By: B y:
Name: Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Exhibit A – Page 1 2/6/2019
18863600.1
EXHIBIT A
DESCRIPTION OF PROPERTY
Exhibit C – Page 1 2/6/2019
18863600.1
EXHIBIT B
MEMORANDUM OF OPTION
Exhibit C – Page 2 2/6/2019
18863600.1
EXHIBIT C
DRAFT FORM OF GRANT DEED
Exhibit C – Page 3 2/6/2019
1886
3600.1
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO:
)
)
)
)
)
)
)
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
EXEMPT FROM DOCUMENTARY TRANSFER TAX
PER REV. AND TAXATION CODE §11922
APN: ____________________
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, the City of Tracy, a muni
cipal corporation of the State of California (“Grantor”) hereby grants to the Tri-Valley – San Joaquin Valley Regional Rail Authority, a _____, as “Grantee”, all that real property located in the County of San Joaquin and more particularly described in Exhibit A attached hereto and incorporated herein by reference (“Property”), subject to a right of reversion to Seller reflecting the terms set forth in Section 13, the specific language for which terms the Parties shall negotiate and finalize for the Grant Deed before Closing.
IN WITNESS WHEREOF , Gra
ntor has executed this Grant Deed as of
_______________, 20___.
GRANTOR
CITY OF TRACY
By:
ATTEST:
APPROVED AS TO FORM:
APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE
TRACY CIT
Y COUNCIL
RESOLUTION NO. _______________
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)
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 the new 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 (Authority); and
WHEREAS, The City appoints a member to the Boar d of Directors gove rning the 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 the 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- 168, approving a term sheet for an option contract to convey the Property to the Authority, which desires to use the Property for an Operations and Maintenance Facility (O&M Facility); and WHEREAS, Pursuant to Government Code Section 54221(b)(1) of the California Surplus Land Act (SLA), the City must declare the Property as either surplus or exempt surplus prior to beginning the disposition process; and
WHEREAS, The California Housing and Community Development (HCD) Guidelines for the Surplus Land Act requires a city to transmit any declaration of exempt surplus to HCD and to wait for 30 days prior to disposition of any such property declared surplus; and
WHEREAS,
Pursuant to Government Code Section 54221( f)(1)(D), property that is transferred to another public agency for its use is "exempt surplus land"; and WHEREA
S, The Authority intends to use the Property as the O&M Facility for the Project; and
WHEREAS, The Authority is seeking federal funding and must demonstrate local match, which the City’s Property will satisfy; and
WHEREAS, On September 6, 2022, pursuant to Resolution 2022- ___, the City Council declared the Property as exempt surplus land i n accordance with the SLA Government Code Section 54221(f)(1)(D); and
WHEREAS, In accordance with HCD Guidelines for the SLA, the City of Tracy transmitted Resolution 2022-___ to HCD; and
WHEREAS, As effectuation of the Council’s intent reflected in Resolution 2022- 168, staff has negotiated an option agreement with the following key provisions:
• 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 ten (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 either is not used for a grant match or constitute surplus land under the SLA will revert back to the City.
WHEREAS, the specific terms and conditions of the proposed option agreement are set forth in the form of agreement attached hereto as Exhibit A and referred to as the “Property Transfer Option and Sale Agreement with Joint Escrow Instructions” (Agreement); and WHEREAS, the Board of Directors of Valley Link Authority will consider this same form of agreement for approval at its September 14, 2022 meeting; and WHEREA
S, On May 12, 2021, pursuant to the California Environmental Quality Act (CEQA), the Board of Directors of Valley Link 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; now, therefore, be it
Resolution 2022-
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 approves the Agreement and finds that consummation of such Agreement, on the terms and conditions set forth therein, shall constitute full satisfaction of the City’s contribution to the Project; and be it further
RESOLVED
: That the City Council authorizes the execution of the Agreement upon satisfaction of the California SLA and the HCD Guidelines; and be it further
RESOLVED
: 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 Resolution, and, each as a separate and independent basis, that the actions authorized by this Resolution were fully analyzed by the FEIR for the Project, which included the O&M Facility certified by the Board of Directors of Valley Link Authority on May 12, 2021, and their adopted Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and are exempt from additional review and analysis under CEQA and the CEQA Guidelines (Cal. Code Regs., title 14, section 15000 et seq.). Each of the foregoing provides a separate and independent basis for CEQA compliance and, when viewed collectively, provides an overall basis for CEQA compliance.
* * * * * * * * * * * *
* *
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 20, 2022
Agenda Item 3.D
RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving the Mayor’s Community Youth Support Network (MCYSN) Reconnecting Our Youth (ROY) Grant Program for fiscal year 2022-2023 in the total amount of $175,000 to eight local non- profit organizations and authorize the City Manager to execute the funding agreements.
EXECUTIVE SUMMARY
The City of Tracy’s Mayor’s Community Youth Support Network (MCYSN) Reconnecting our Youth ( ROY) grant program is entering its fourteenth year of programming, referred to as Cycle 14. This progra m has served thousands of loc al youths, as a grant matching program, through prevention, interv ention and crisis suppression services offered in partnership with local non-profits.
Staff is requesting that Council review and appr ove the recommendations from the MCYSN ROY Grant Scoring Committee, and award grant funding in the total amount of $175,000 to eight local non-profits to support youth programs in Tracy.
BACKGROUND AND LEGISLATIVE HISTORY
During the Fall of 2006, Tracy community members voiced concerns about increases in school fights, vandalism
in city parks, graffiti on property, and growing gang activity in the city. Following these growing concerns, community stakeholders, City officials and City staff partnered to form the Mayor’s Community Youth Support Network (MCYSN). The objectives of
the program are to reconnect youth to their families, schools, and community and to
develop a gang
prevention strategy that targeted at-risk youth.
Shortly following formation, MCYSN began meeting regularly to organize communication and formulate a strategic plan to guide the program. The MCYSN Strategic Plan was drafted in 2007 and focused on the four priority areas: 1) assessing current youth service gaps, 2)
funding strategies, 3) creating a crisis response protocol and 4) developing a service delivery system. The MCYSN program was intended to partner with local non- profits to
provide services such as counseling, mentoring, case management, after school tutoring, career
preparation, technology training, life skills training, parent workshops, and gang intervention and prevention
workshops.
On February 19, 2008, the City Council approved the MCYSN Strategic Plan and allocated $1 million to kick-start the program. The allocation funded personnel to carry out the goals and objectives of the MCYSN program, which included: one Management Analyst in the City Manager’s Office to oversee the MCYSN program, one Administrative Assistant, one part-time Recreation Coordinator, six part-time Recreation Leaders, and two sworn School Resource Officers. The funding was also utilized for contracted services via the MCYSN - Reconnecting Our Youth (ROY) Grant Program, recreation programs (after school programs and “Rolling Rec” Truck), educational workshops, marketing and promotions, and operational supplies.
Following the economic downturn
in 2009, the City initiated a pivot in resources which
eliminated several positions and programs under MCYSN. The MCYSN program budget changed to $200,000 annually. Historically, approximately $25,000 of the program budget is allocated
to provide administrative support to the program, and the remaining $175,000 funds community youth programs in alignment with the strategic priorities and objectives of MCYSN.
In 2018,
the MCYSN program transitioned from the City Manager’s Office to the Parks and Recreation Department in order align the program with appropriate staff. During the 2020-2021 grant period, MCYSN was temporarily suspended in response to the COVID-19 pandemic. In 2021, City Council approved the return of the MCYSN grant program for Cycle 13.
ANALYSIS
This year, the City of Tracy’s Mayor’s Community Youth Support Network (MCYSN) is entering its 14th year of programming. The MCYSN Reconnecting Our Youth (ROY) Grant Program aims at supporting local programs that develop skills and competencies resulting in healthy and thriving youth and families. MCYSN’s approach is to prevent and intervene on issues of youth violence via a network of community service providers.
The MCYSN ROY
Grant application for FY 2022-23 was made available on June 27, 2022. This year the MCYSN application process was converted to an online application using the grant website, eCivis. A mandatory pre-submittal conference was held on July 12, 2022, and the grant application deadline was July 29, 2022. Eligible service areas for the ROY grant
include youth outreach and education; substance abuse prevention and intervention; bullying prevention (physical, verbal, cyber); alternative after school and evening activities; gang prevention and intervention services; family or individual youth case management; behavioral health services (prevention and intervention). MCYSN ROY Grant contracts
may not exceed $75,000. The term of the FY 2022-23 contracts is from October 1, 2022, through June 30, 2023.
Funding recommendations
for the MCYSN ROY Grant are made by an external review
committee. Staff held the MCYSN ROY Grant Scoring Committee meeting on August 11, 2022. The scoring committee consisted of two Parks Commissioners, two Youth Advisory Commissioners, one
Adult Commissioner, and one representative from Tracy Unified School District.
The City received eight eligible applications for the MCYSN ROY Grant, which are summarized
in Attachment “A.” Each Committee member scored each application using the MCYSN Scoring Sheet, example template provided in Attachment “B”.
Agenda Item 3.D
September 20, 2022
Each applicant received a score based off specific criteria such as organizational experience and reliability, program design, staffing plan and qualifications, program evaluation, and cost proposal. After careful review and discussion, the MCYSN Grant Scoring Committee made the following funding recommendations:
Organization
Amount
Requested
by Applicant
Amount
Recommended by
MCYSN Scoring
Committee
Total Score
out of 800
Boys and Girls Club of
Tracy – Teen Program $50,000 $45,000 785
Tracy Chamber
Foundation – Hire Me
First Program
$45,000 $40,000 785
Give Every Child a
Chance – After School
Tutoring Program
$30,000 $25,000 785
ITIFAQ Afghan Soccer
Club – Youth Soccer
Outreach Program
$10,595 $10,000 750
UNeed2. Inc. – Youth
and Family
Technology Training
Center
$74,935 $16,198 700
Improve Your
Tomorrow – College
Academy Program
$75,000 $16,197 700
Tracy African
American Association
– Tracy African
American Association
Outreach
$60,000 $13,500 550
Tracy Earth Project,
Inc.- Tracy Bike Life
Youth Program
$24,815 $9,105 500
TOTAL $370,345 $175,000
Feedback from
Grant Scoring Committee included:
- Boys and Girls Club of Tracy, Tracy Chamber Foundation, and Give Every Child a Chance all scored the highest based off their application. All three applications were well organized with details about the services they offer at Agenda Item 3.D
September 20, 2022
different school sites, they provided all the required documents based off the Request for Proposals (RFP) requirements, and each organization provided a detailed timeline for their programs.
- Improve Your Tomorrow requested the highest amount of $75,000 and the amount recommended
by the scoring committee is $16,197 because their
application had very strong outcomes for the program and their budget was well organized and easy to understand but Improve Your Tomorrow is a new organization within the City of Tracy and were unable to provide details of succession of their program.
- UNeed2, Inc
. was the second organization to request the highest amount of $74,935 and the
amount recommended by the scoring committee is $16,198
because the program
has been around since 2011 but the review committee
wanted to see a more detailed timeline of exactly what the program entails. - Tracy Earth Project, Tracy African American Association, and ITIFAQ Afghan Soccer Club
were all new organizations to apply for the MCYSN grant this year.
The three applications proposed programming for a wide age range for youth, but the review committee wanted to see a more detailed staffing plan and financial budget.
Each organiz
ation received funding based off their initial budget request which was less than the amount being requested.
FISCAL IMPACT
The MCYSN
program budget of $200,000 has been allocated and approved as part of the Fiscal Year 2022-23 budget.
PUBLIC OUTREACH/ INTEREST
A public outr
each meeting for MCYSN was held on July 12, 2022, to inform service providers about the background of MCYSN and a training on how to apply using the new application process, eCivis. Before this meeting, three (3) emails were sent to local businesses, non-profits, and schools advertising MSCYN and informing the community about the outreach meeting. Multiple social media posts to advertise MCYSN were also posted on Instagram and Facebook. Many non-profits that saw the emails and social media posts responded positively, acquiring more information about MCYSN and how to apply.
COORDINATION
N/A
CEQA DETERMINATION
N/A
Agenda Item 3.D
September 20, 2022
STRATEGIC PLAN
This agenda ite
m supports the City’s Quality of Life Strategic Plan and specifically implements the following goal:
Quality of Life Strategy
Goal 2: Promote public health, safety, and community welfare throughout the community.
ACTION REQUESTED OF THE CITY COUNCIL
Staff
recommends that the City Council adopt a Resolution approving the Mayor’s Community Youth Support Network (MCYSN) Reconnecting Our Youth (ROY) Grant Program for fiscal year 2022-2023 in the total amount of $175,000 to eight local non- profit organizations and authorize the City Manager to execute the funding agreements.
Respectfully submitted,
Katie Akre____
Recreation Program Coordinator
Attach
ments:
Attach
ment “A” - Summary of MCYSN ROY Grant Scoring Committee funding recommendations and comments.
Attach
ment “B” - MCYSN ROY Grant, Scoring Sheet Template
Agenda Item 3.D
September 20, 2022
ATTACHMENT “A”
MCYSN ROY Grant Scoring Committee Funding Recommendations – Cycle 14 Organization
Name
Program Name
and Description
# of youth
proposing
to serve
Funding
Request
Recommended
Award Amount
Scoring Committee Comments
Boys and Girls
Club of Tracy
Teen Program 600 $50,000 $45,000
• Reliable, known organization
• Outcomes of programs are strong
• Culturally diverse staff and serves diverse
population of students
• Parent/student evaluation for pre/posttests
records
• Budget is organized and easy to understand
• Financial Report Detailed
Organization
Name
Program Name
and Description
# of youth
proposing
to serve
Funding
Request
Recommended
Award Amount
Scoring Committee Comments
Tracy Chamber of
Commerce
Hire Me First Program 2,500 $45,000 $40,000
• Long standing program with success rate
• Student participants continue to increase
• Strong connection with business community
• Preparing juniors and seniors for workforce
• Program should consider targeting at-risk youth
• Offer programs in other locations in Tracy
• Collaborate with other non-profits
ATTACHMENT “A”
Organization
Name
Program Name
and Description
# of youth
proposing
to serve
Funding
Request
Recommended
Award Amount
Scoring Committee Comments
Give Every Child A
Chance
After School Tutoring
Program
120 $30,000 $25,000
• 24 years of service and an established
organization
• Staff is experienced
• Services offered at local school sites
• Tutors speak different languages
• Detailed graph on student standards and timeline
• Assists low-income families, and any students
with falling grades
• Expanded services with Tracy Family Resource
Center and two school districts
• Communication between parent, child, and tutor
is a plus
• Reasonable requested amount
Organization
Name
Program Name
and Description
# of youth
proposing
to serve
Funding
Request
Recommended
Award Amount
Scoring Committee Comments
Uneed2, Inc. Youth and Family
Technology Center
80 $74,935 $16,198
• Program mission and vision is unique/ positive
• Provide technical training and internships to
students
• Serving community since 2011
• STEM based and targets low-income youth
• Certify kids and adults in computers and
computer safety
• They should elaborate on how they target at-risk
youth
• Organization gives refurbished computers to
low-income households
• Follow-up with students after they’re done
• Program timeline was not detailed
ATTACHMENT “A”
Organization
Name
Program Name
and Description
# of youth
proposing
to serve
Funding
Request
Recommended
Award Amount
Scoring Committee Comments
Improve Your
Tomorrow
College Academy
Program
75 $75,000 $16,197
• Since 2013, has served predominantly first-
generation students
• Serve highschoolers and young men of color
• Operates at 53 school sites across five counties
• Program will consist of family engagement,
college tours, mentorships, and study hall
• Detailed organizational chart
• Funding is for student incentive
Organization
Name
Program Name
and Description
# of youth
proposing
to serve
Funding
Request
Recommended
Award Amount
Scoring Committee Comments
Tracy African
American
Association
Tracy African
American Association
Outreach
80 $60,000 $13,500
• Organization was founded in 1994
• A great source to educate the community on
diverse cultures
• Supports multiple events such as Martin Luther
King Jr. Breakfast, Black History Month,
Juneteenth, and provides college scholarships
• Program mission and vision is positive
• Budget is organized and easy to understand
ATTACHMENT “A”
Organization
Name
Program Name
and Description
# of youth
proposing
to serve
Funding
Request
Recommended
Award Amount
Scoring Committee Comments
ITIFAQ Afghan
Soccer Club
Youth Soccer
Outreach Program
45 $10,595 $10,000
• Proposed to serve 8-18 years old’s
• Organization wants to build youth confidence in a
healthy competitive environment
• Staff is experienced and all volunteers
• Services offered at local sport complexes
• Assists low-income families
• Serving youth for over 25 years
• Reasonable requested amount
Organization
Name
Program Name
and Description
# of youth
proposing
to serve
Funding
Request
Recommended
Award Amount
Scoring Committee Comments
Tracy Earth
Project, Inc.
Program Name
Tracy Bike Life Youth
Program
Desc
ription
120te
Funding
$24,815
Recommended$
$9,105unt
• Serving a range of 6–17-year old’s
• Program utilized curriculum that introduces
students to S.T.E.M
• Youth learn bicycle safety, repair, and
maintenance
• Provides community services hours to youth at
TUSD schools
• Youth get to keep the bike they built at the end of
the 8-week program
• Reasonable requested amount
MCYSN Cycle XIV (14) -Evaluation Criteria Score Sheet
1 | Page
Last update 9/22/2021
Service Provider Name: Name of Reviewer:
Criteria Notes Score
(20 pt. max)
Organizational Experience & Reliability:
• Experience providing services to high-risk youth
• List of current and recent contracts
• Description of outcomes
• Financial capacity
• Client recordkeeping system
• Current year organization budget/audited
financial statements
• Reference sheet
Program Design:
• Describe community’s need for services,
including local data
• Describe target population & geography;
numbers to be served
• Describe ending based program model
• Describe activities & dosage
• Describe how program will be cultural
competent
• Describe how program will collaborate and
communicate with City of Tracy
• Provide detailed timeline
ATTACHMENT "B"
MCYSN Cycle XIV (14) -Evaluation Criteria Score Sheet
2 | Page
Last update 9/22/2021
Staffing Plan & Qualifications:
• Provide staffing plan, Include titles, number of
full time employees, qualifications
• Justify number, full time employees and types
of positions, including job expectations
• Describe how project will include
staff/volunteers with experiences similar to
target populations
• Attached: Organization chart
• Attached: Resumes
• Attached: Job descriptions
Program Evaluation:
• List expected outcomes
• Describe how program will measure outcomes,
including validated measurement tools
• Describe how program will track activities,
participants, units of service
• Describe data system
Cost Proposal:
• Attached: Line item budget
• Includes all costs to be reimbursed
• Indirect costs, overhead
Overall comments about program:
ATTACHMENT "B"
APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE
TRACY CIT
Y COUNCIL
RESOLU
TION NO. _______________
APPROVING THE MAYOR’S COMMUNITY YOUTH SUPPORT NETWORK
(MCYSN) RECONNECTING OUR YOUTH (ROY) GRANT PROGRAM FOR
FISCAL YEAR 2022 -2023 IN THE TOTAL AMOUNT OF $175,000 TO EIGHT
LOCAL NON- PROFIT ORGANIZATIONS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FUNDING AGREEMENTS
WHEREAS, The MCYSN ROY Grant Program is a matching grant program that helps fund local youth services, and is budgeted pending appropriation and approval by the City Council; and
WHEREAS, The MCYSN ROY Grant application for FY 2022- 2023 was made available on June 27, 2022, with an application deadline of July 29, 2022; and WHEREAS, MCYSN ROY Grant contracts may not
exce ed $75,000 with a term for the
FY 2022-23 contracts being from October 1, 2022, through June 30, 2023; and WHEREAS, The City of Tracy received eight eligible grant applications, and an external grant scoring
committee reviewed the applications and recommended that all eight be funded based
on the MCYSN ROY Grant scoring criteria, for a total award amount of $175,000; and now
therefore be it
RESOLVED: That the City Council of the City of Tracy hereby awards MCYSN ROY Grant funding for fiscal year 2022-2023 the following awardees:
ORGANIZATION AWARD AMOUNT
Boys and Girls Club of Tracy $45,000
Tracy Chamber of Commerce – Hire Me First $40,000
Give Every Child a Chance $25,000
UNeed2, Inc. $16,198
Improve Your Tomorrow $16,197
Tracy African American Association $13,500
ITIFAQ Afghan Soccer Club $10,000
Tracy Earth Project, Inc. $9,105
Total Funding Award $175,000
FURTHER RESOLVED: That City Manager is authorized to execute the MCYSN ROY Grant funding agreements for fiscal year 2022-2023.
* * * * * * * * *
* * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on September 20, 2022, by the following vote:
AYES: CO
UNCIL 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-
Septembe r 20, 2022
AGENDA ITEM 3.E
REQUEST
ADOPT A RESOLUTION DECLARING CITY OWNED PROPERTY LOCATED AT 729/741 N. CENTRAL AVENUE (APN 235-068-06) AS SURPLUS PROPERTY UNDER GOVERNMENT CODE SECTION 54222 AND ISSUE NOTICE OF AVAILABILITY FOR
LEASE OR PURCHASE TO PARTIES DESIGNATED IN THE SURPLUS LANDS ACT
EXECUTIVE SUMMARY
This item for consideration by the City Council is a Resolution declaring real property (the Property) located at 729/741 N. Central Avenue (APN 235-068-06) as “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 land” or “exempt surplus land” before the agency can take any action (sale or lease) to dispose of the property. The City of Tracy had determined that the Property is no longer needed for any City public purpose.
Should the Council adopt the recommended resolution, staff will file a Notice of Availability regarding the declaration of the property as 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 AND ANALYSIS
The City of Tracy is the owner of the downtown property known as the Westside Market located at 729/741
Central Avenue, APN 235-0 68-06. The City purchased the Westside Market Property with redevelopment funds prior to the program being eliminated by the State of California in 2012; the Property was later reverted to the General Fund (City) through the dissolution process. On September 7, 2021, the City Council directed staff
to proceed with issuing a Request for Proposals (RFP) for disposition of the Property to developers and/or operators that would create economic activity and attract more visitors to Downtown Tracy.
On M a
rch 29, 2022, Staff recommended Council receive an update on the RFP and disposition effort for the Westside Market, select Gill Hospitality/Souza Realty & Development, Inc. as the top candidate, and authorize staff to negotiate an Exclusive Negotiating Rights Agreement with the top candidate. The RFP process came to the attention of the new City Attorney, who then informed the Economic Development Division that the disposition of the Westside Market property is subject to the California Surplus Land Act and related Guidelines issued by California Housing and Community Development (HCD) and the statute, as amended along with the guidelines are collectively referred to as the SLA. This process had not been completed prior to the commencement of the RFP process. Based on this information, staff informed the selected developers that the City needed to take the necessary specific actions to comply with the SLA.
The California Surplus Land Act has been in existence since 1968 and has been modified and interpreted over the years by case law and legislative amendments. Generally, the purpose of the SLA is to promote affordable housing development on unused or underutilized public land throughout the State to respond to the existing affordable housing crisis. In October of 2019, Governor Brown signed into law Assembly Bill 1486 & 1255 which amended the SLA in substantial ways. Specifically, the amendments strengthened the SLA in three basic ways: clarified the definitions regarding surplus property and exemptions; required a more specific process that agencies must complete before disposition of surplus properties; and empowered the HCD to administer the SLA, including promulgating guidelines. The amendments to the SLA adopted with AB 1486 and AB 1255 became effective January 1, 2020.
Surplus
land is defined as land owned by any local agency (city, county, or district) that is no longer necessary for the agency’s use. The SLA also requires that surplus land be declared as either “surplus land” or “exempt surplus land” by the respective legislative body, as an initial step. Once a legislative body has adopted such a declaration (either as a resolution or ordinance), it must be sent to HCD and no disposition can occur, even if a property is declared exempt surplus property, earlier than 30 days from the date of that transmittal. If a City-owned property is deemed to be “exempt,” the City could proceed with disposition after the end of the thirty-day period.
If City-ow
ned land is deemed non- exempt surplus land (i.e., the City no longer uses the property and it is not covered by an exemption), then prior to the sale or lease of the property, it must be offered for housing, park, and/or school use through the Notice of Availability (NOA) process outlined in the SLA. The Westside Market property is considered non-exempt surplus land and is subject to the provisions of the SLA, which require the following actions:
1) Offer the
property for development of affordable (moderate, low, or very-low) housing, open space, and schools by providing a NOA of surplus land for lease or purchase on the California Housing and Community Development Department website for 60 days.
2) The City
must then negotiate in good faith with those parties who have expressed interest for a minimum amount of 90 days. The City is not required to accept less than Fair Market Value for the property. Council can provide direction to staff on price and terms of a sale in closed session.
3) After
90 days, if an agreement is not reached, then the City may proceed forward with other disposition plans for the property.
Estimated Timeline for Westside Market Disposition under the Surplus Land Act Currently, the estimated timeline for the Westside Market Property disposition under the Surplus Land Act is as follows:
• September 20, 2022: Pr esent item before the City Council to authorize the declaration of Westside Market as surplus property, under the SLA. • October 2022: Release Notice of Availability (NOA) to housing sponsors that have notified the California Housing and Community Development Department of their interest in surplus land that is in the County or throughout the state. • October – December 2022: Entities that are interested in developing the land must submit a notice of interest to the City of Tracy within 60 days of the NOA.
Agenda Item 3.E
September 20, 2022
• December 2022: If no notice of interest is received from an eligible entity, then the City’s Request for Proposal process can resume.
• December 2022 – March 2023: If the City receives a timely notice of interest from an eligible entity, then a 90-day, good faith negotiation period will begin. • March 2023: If price or terms cannot be agreed upon with an eligible entity after the full 90-day good faith negotiation period, the City may dispose of the surplus land without further regard to the SLA with some provisions. One provision being that at least 15 percent of the total number of residential units developed on the parcels shall be sold or rented as affordable housing.
Based on this estimated timeline, the earliest the developer would be able to enter into agreement
with the City to acquire the land would be December 2022 if no letters of interest are submitted through the NOA process, and March 2023, if no agreement can be made with an eligible entity after good faith negotiations. If either of these scenarios happen, then the RFP process for the disposition of the Westside Market property would not have to be repeated and the City could proceed with contract negotiations with the developer.
The proposed declaration of Surplus Land does not authorize the lease or sale of the affected properties. Once the above process is complete, the Property transaction is required to come before the City Council for approval.
FISCAL IMPACT
The value of
the Property will be determined by the sale of the Property at fair market value.
STRATEGIC PLAN
This agenda it
em supports the City of Tracy’s Economic Development Strategic Priority.
RECOMMENDATION
Staff
recommends that the City Council adopt a resolution declaring City owned property located at 729/741 N. Central Avenue ( APN 235-068-06) as surplus property under Government Code section 54222 and issue a Notice of Availability for lease or purchase to parties designated in the Surplus Lands Act.
Prepared
by: Ed Wanket, Economic Development Management Analyst
Review
ed by: Vanessa Carrera, Assistant to the City Manager
Sara Cowell, Interim Finance Director
Karin Schnaider, Assistant City Manager
Approved
by: Michael Rogers, City Manager
Agenda Item 3.E
September 20, 2022
APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY’S OFFICE
TRACY CITY COUNCIL
RESOLUTION NO.
RESOLUTION DECLARING CITY OWNED PROPERTY LOCATED AT 729/741 N. CENTRAL AVENUE (APN 235-068-06) AS SURPLUS PROPERTY UNDER GOVERNMENT CODE SECTION 54222 AND ISSUE NOTICE OF AVAILABILITY FOR LEASE OR PURCHASE TO PARTIES
DESIGNATED IN THE SURPLUS LANDS ACT
WHEREAS, The City of Tracy is the owner of the downtown property known as the Westside Market located
at 729/741 Central Avenue, APN 235-068-06; and
W
HEREAS, On September 7, 2021, the City Council directed staff to proceed with issuing a Request for Proposals (RFP) for disposition of the Property to developers and/or operators that would create economic activity and attract more visitors to Downtown Tracy; and WHEREAS, On March 29, 2022, Staff recommended Council receive an update on the RFP and disposition effort for the Westside Market, select Gill Hospitality/Souza Realty & Development, Inc. as the top candidate, and authorize staff to negotiate an Exclusive Negotiating Rights Agreement with the top candidate; and
WHEREAS, The disposition of the Westside Market property is subject to the California Surplus Land Act (SLA) and related Guidelines issued by California Housing and Community Development (HCD) and the statute, as amended along with the guidelines are collectively referred to
as the SLA; and
WHEREAS, The purpose of the SLA is to promote affordable housing development on unused or underutilized public land throughout the State to respond to the existing affordable housing crisis; and
WHEREAS,
The Westside Market property is considered non -exempt surplus land and is subject to the provisions of the SLA, which require the following actions:
1) Offer
the property for development of affordable (moderate, low, or very-low) housing, open space, and schools by providing a NOA of surplus land for lease or purchase on the California Housing and Community Development Department website for 60 days. 2) The City
must then negotiate in good faith with those parties who have expressed interest for a minimum amount of 90 days. The City is not required to accept less than Fair Market Value for the property. Council can provide direction to staff on price and terms of a sale in closed session.
3) After
90 days, if an agreement is not reached, then the City may proceed forward with other disposition plans for the property; and
Resolution 2022-
WHEREAS, The earliest the developer would be able to enter into agreement with the City to acquire the land would be December 2022 if no letters of interest are submitted through the NOA process, and March 2023, if no agreement can be made with an eligible entity after good faith negotiations; and
WHEREAS, If either of these scenarios happen, then the RFP process for the disposition of the Westside Market property would not have to be repeated and the City could proceed with contract negotiations with the developer; and
WHEREAS, Once the above process is complete, the Property transaction is required to come before the City Council for approval; 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; and be it further
RESOLVED: That the City Council adopt a resolution declaring the Property located at 729/741 N. Central Avenue ( APN 235-068-06) as surplus property under Government Code section 54222 and issue a Notice of Availability for lease or purchase to parties designated in the Surplus Lands Act; 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. * * * * * * * * * * * * * *
The foregoing Resolution 2022- was adopted by the Tracy City Council on September 20, 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
September 20, 2022
Agenda Item 3.F
REQUEST
Adopt a Resolution declaring, as exempt surplus property under Government Code Section 54221(G), the following two properties owned by the City of Tracy:
1) 275.43 acres of land located at 5749 South Tracy Blvd, APN 25311031/25311016 at commonly known as the Tracy Airport; and 2) 393.99 acres of land located at 505 E. Durham Ferry Road, APN 25527008 and commonly known as the New Jerusalem Airport
EXECUTIVE SUMMARY
The California
Surplus
Land Act codified as California Government Code Section 54221 et seq. (SLA) requires that a legislative body must declare public property to be “surplus land” or “exempt
surplus land” before the legislative body can take any action (sale or lease) to dispose of such property.
This item for consideration by the City Council of a Resolution declaring as exempt surplus property under Section 54221(G) of the SLA the following two properties owned by the City of Tracy (collectively, the Properties) :
1) 275.43 acres of land located at 5749 South Tracy Blvd, APN 25311031/25311016 at commonly known as the Tracy Airport (Tracy Airport); and 2) 393.99 acres
of land located at 505 E. Durham Ferry Road, APN 25527008 and commonly known as the New Jerusalem Airport (New Jerusalem Airport).
Each of the prope
rties has recorded deed restrictions that have been imposed by third parties, which restrictions expressly prohibit any long term uses other than the current uses on the Properties. Pursuant to Section 54221(G) of the SLA, the City Council can determine exempt any “surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site.” There are no feasible methods to mitigate or avoid the prohibition of residential uses on the Properties. As such, staff recommends the City Council declare the Properties as "exempt surplus land" pursuant to Section 54221(G).
Should the Council
adopt the recommended resolution, staff will file a notice of exemption specifically regarding the declaration of the Properties as exempt surplus lands and provide a copy of the adopted Resolution to California Department of Housing and Community Development’s (HCD), as required under the SLA.
BACKGROUND &
ANALYSIS
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(G) of the SLA, the City Council can determine exempt any “surplus land that is subject to valid legal restrictions”.
Each of
the properties has recorded deed restrictions imposed by third parties that expressly prevent uses other than the current uses of the Properties. Specifically, the deed restrictions are as follows:
1) Tracy
Airport: Refer to Attachment “A” – Instrument of Transfer 2) New Jerusalem Airport: Refer to Attachment “B” – Quitclaim Deed The SLA des
ignates to HCD to administer and enforce the requirements of the SLA. As a part of this authority, HCD adopted guidelines that clarify and strengthen reporting and enforcement provisions of the SLA. One of these requirements is that a city must submit the formal declaration of surplus to HCD, after the legislative body has made such a written declaration.
FISCAL
IMPACT
There is no fiscal impact associated with this action.
STRATEG
IC PLAN
This agenda item supports the City of Tracy’s Quality of Life Strategic Priority.
RECOMM
ENDATION
Staff recommends that the City Council adopt a Resolution declaring, as exempt surplus property under Government Code Section 54221(G), the following two properties owned by the City of Tracy: 1) 275.43 acres of land located at 5749 South Tracy Blvd, APN 25311031/25311016 at commonly known as the Tracy Airport; and 2) 393.99 acres of land located at 505 E. Durham Ferry Road, APN 25527008 and commonly known as the New Jerusalem Airport.
Prepared
by: Karin Schnaider, Assistant City Manager
Review
ed by: Sara Cowell, Interim Finance Director
Approved
by: Michael Rogers, City Manager
ATTACH
MENTS:
Attac
hment “A” – Tracy Municipal Airport – Instrument of Transfer Attachment “B” – New Jerusalem Airport – Quitclaim Deed Agenda Item 3.F
September 20, 2022
Attachment "A"
Attachment "B"
APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRAC
Y CITY COUNCIL
RES
OLUTION NO. _______________
RES
OLUTION DECLARING, AS EXEMPT SURPLUS PROPERTY UNDER
GOVERNMENT CODE SECTION 54221(G), THE FOLLOWING TWO
PROPERTIES OWNED BY THE CITY OF TRACY: 1) 275.43 ACRES OF LAND LOCATED AT 5749 SOUTH TRACY BLVD, APN 25311031/25311016 AND COMMONLY KNOWN AS THE TRACY AIRPORT; AND 2) 393.99 ACRES OF LAND LOCATED AT 505 E. DURHAM FERRY ROAD, APN 25527008 AND
COMMONLY KNOWN AS THE NEW JERUSALEM AIRPORT
WHER
EAS, The City of Tracy (City) is the owner of the following two properties: totaling 1) 275.43 a cres Of Land Located At 5749 South Tracy Blvd, A PN 25311031/25311016 and commonly known as the Tracy Airport (Tracy Airport); and 2) 393.99 acres of land located at 505 E. Durham Ferry Road, APN 25527008 and commonly known as the New Jerusalem Airport (New Jerusalem Airport); and
WHER
EAS, The Tracy Airport and the New Jerusalem Airport shall be collectively referred to as Properties; and
WHER
EAS, The Tracy Airport was acquired by the City from the United States in 1946 per Instrument of Transfer and has a recorded deed restriction that requires the property to be used only for public airport purposes; and
WHER
EAS, The New Jerusalem Airport was acquired by the City from the United States in 1948 per the Quitclaim Deed and has a recorded deed restriction that requires the property to be used only for public airport purposes; and
WHEREAS,
The City of Tracy received the land that comprises of the Tracy Municipal Airport from the federal government as part of a war of the deed that the land must only be used for aviation and airport purposes. If the land is used for anything but airport purposes, the land can be taken from the city and returned to the federal government.
WHER
EAS, Pursuant to Government Code Section 54221(b)(1) of the California Surplus Land Act (SLA), the City must declare the Property as either surplus or exempt surplus prior to beginning the disposition process; and
WHEREAS, The SLA designates the California Housing and Community Development (HCD) to administer and enforce the requirements of the SLA; and WHEREAS, As a part of its authority, HCD adopted guidelines that clarify and strengthen reporting and enforcement provisions of the SLA (Guidelines); and WHEREAS, The Guidelines define a lease of more than five years as a “disposition” that must comply with the SLA; and
WHEREAS,
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
WHEREAS,
Pursuant Section 54221( G), the City Council can determine exempt any “surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site”; and
WHEREAS, Ther
e are no feasible methods to mitigate or avoid the prohibition of residential uses on the Properties, and a violation of the deed restrictions would require the City to return to the federal government at least two of the properties; and WHEREAS, The SLA requires a city to transmit any declaration of exempt surplus to HCD; and
NOW THEREFORE BE IT:
RESOLVED: Tha
t 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 Properties are declared exempt surplus lands pursuant to Government Code Section 54221(G); 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. * * * * * * * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on September 20, 2022, 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
Resolution 2022-
Septembe r 20, 2022
Agenda Item 3.G
RECOMME
NDATION
Staff recommends that the City Council appoint, by motion, a subcommittee of two Council Members, and an alternate, to interview applicants to fill one term vacancy on the Transportation Advisory Commission.
EXECUTIVE SUMMARY
This item requests that Council appoint two members of the City Council, and an alternate, to a subcommittee to interview applicants to fill a term vacancy on the San Joaquin County Mosquito Abatement District Board. This action can be completed by a motion on the floor.
BACKGROUND AND LEGISLATIVE HISTORY
On August 8, 2022, the current City of Tracy representative on the Transportation Advisory Commission resigned. A recruitment was opened on August 24, 2022 and ended on September 16, 2022.
ANALYSIS
In accordance with Resolution No. 2021-200, a two-member subcommittee of Council Members, and an alternate, needs to be appointed to interview the applicants and make a recommendation to the full Council.
FISCAL IMPACT
None
PUBLIC OUTREACH/ INTEREST
Notification of Transportation Advisory Commission recruitment has been posted on the City’s Social Media pages, Tracy Press, the City’s website, and Channel 26.
COORDI
NATION
Not Applicable
CEQA DETERMINATION
Not Applicable
STRATEGIC PLAN
This item is a routine operational it em and does not relate to any of the Council’s strategic plans.
Agenda Item 3.G
September 20, 2022
ACTION REQUESTED OF THE CITY COUNCIL
It is recommended that Council appoint, by motion, a two-member subcommittee of two Council Members, and
one alternate, to interview applicants to fill one term vacancy on the Transportation Advisory Commission.
Respect
fully submitted,
Necy
Lopez
Deputy City Clerk
Attach
ments:
A- Resolution 2021-200
Tx. Y A> t[] f i6Z I7
ADOPTING A COUNCIL POLICY ESTABLISHING A SELECTION PROCESS FOR APPOINTMENTS TO CITY ADVISORY BODIES AND REPEALING RESOLUTION NO. 2021- 131
WHEREAS, On September 7, 2021, the Tracy City Council adopted Resolution 2021- 131 establishing a policy for the selection process for appointments to City advisory Bodies and repealing Resolution 2020-009;
WHEREAS, The current policy states that Council shall appoint two Council Members to serve on a subcommittee to review applications, interview applicants and recommend a candidate for appointment to the board, commission or committee, and WHEREAS, Council wishes to amend the language of Section 2 ( D)( 1) to state that Council shall appoint two members and an alternate to serve on a subcommittee to review applications, interview applicants and recommend a candidate for appointment to the board, commission or committee.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Tracy hereby adopts the Council Policy Establishing a Selection Process for Appointments to City Advisory Bodies, attached as Exhibit A, and thereby repeals and supersedes Resolution No. 2021- 131.
The foregoing Resolution 2021- 200 was passed and adopted by the Tracy City Council on the 21 st day of December, 2021, by the following vote:
AYES: COUNCIL MEMBERS: ARRIOLA, BEDOLLA, DAVIS, VARGAS, YOUNG NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
YO, L ( 0.
MAYOR
ATTEST:
l
CITY CLERK
ATTACHMENT A
COUNCIL POLICY ESTABLISHING A SELECTION PROCESS FOR APPOINTMENTS TO
CITY ADVISORY BODIES
Exhibit " A" to Resolution No. 2021- 200)
SECTION 1: PURPOSE
To establish a selection process for appointments to City advisory bodies including defining residency requirements, in accordance with Government Code sections 54970 et seq.
SECTION 2: SELECTION PROCESS FOR APPOINTEE BODIES
A. On or before December 31st of each year, the City Clerk shall prepare an appointment list of all regularandongoingboards, commissionsandcommitteesthat areappointedby the City Council of the City of Tracy. The list shall contain the following information:
1. A list of all appointee terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of the appointment, the date the term expires and the necessary qualifications for the position.
2. A list of all boards, commissions and committees whose members serve at the pleasure of the Council and the necessary qualifications of each position.
3. The list of appointments shall be made available to the public for a reasonable fee that shall not exceed actual cost of production. The Tracy Public Library shall receive a copy of the list.
B. Whenevera vacancyoccursin any board, commissionor committee, whetherdueto expiration of an appointee' s term, resignation, death, termination or other causes, a special notice shall be posted in the office of the City Clerk, The Tracy Public Library, the City website, and in other places as directed within twenty ( 20) days after the vacancy occurs.
Final appointment to the board, commission or committee shall not be made by the City Council for at least ten (10) working days after the posting of the notice in the Clerk's office.
If Council finds an emergency exists, the Council may fill the unscheduled vacancy immediately.
C. Appointments shall be made for the remainder of the term created by the vacancy except as follows:
1. If appointee will fill an un -expired term with six months or less remaining, the appointment shall be deemed to be for the new term.
2. If the vacancy is filled by an emergency appointment the appointee shall serve only on an acting basis until the final appointment is made pursuant to section 2.
D. The Council shall use the following selection process to provide an equal opportunity for appointment to a board, commission or committee:
1. Council shall appoint two Council members and an alternate to serve on a subcommittee to review applications, interview applicants and recommend a candidate for appointment to the board, commission or committee.
2. If the Council subcommittee determines there are multiple qualified candidates, the subcommittee may recommend the Council establish an eligibility list that will be used to fill vacancies that occur in the following twelve (12) months.
3. At the Council subcommittee' s discretion, the chair ( or designee) of the board, committee or commission for which a member will be appointed, can participate in the interviews.
E. An individualalreadyservingon a Cityof Tracyboard, committeeor commissionmaynotbe appointed to serve on an additional City of Tracy board, committee, or commission concurrently.
SECTION 3: DEFINITION OF RESIDENCY REQUIREMENTS
A. Thefollowingdefinitionsshallbe usedto determinewhetherresidencyrequirementsare met for boards and commissions to which the Tracy City Council appoints members:
1. TracyPlanningArea meansthegeographicalareadefinedinthe Cityof TracyGeneral Plan and any amendments thereto.
2. City of Tracy means within the city limits of the City of Tracy.
3. Citizen means a resident of the City of Tracy.
4. TracySchoolDistrictmeansthe geographicalareaservedbythe TracyUnifiedSchool District.
5. Sphereof Influenceshallbethe geographicalareaapprovedbythe LocalAgency Formation Commission (LAFCo) of San Joaquin County and any amendments thereto.
B. Residency, as defined above and as set forth in the applicable bylaws for each board or commission, shall be verified annually by the City Clerk. The residency must be verifiable by any of the following means:
1. Voter registration,
2. Current California Driver' s License or Identification,
3. Utility bill information ( phone, water, cable, etc.),
4. Federal or State tax returns.
2 C. Members of boards or commissions shall notify the City Clerk in writing within thirty (30) days of any change in residency. If the change in residency results in the board member or commissioner no longer meeting the residency requirements, the member shall tender their resignation!to the City Clerk who shall forward it to the City Council. 3