Agenda — Tracy City Council, September 20, 2022 (part 1 of 2)

Date
Posted: September 15, 2022

THIS MEETING WILL BE OPEN TO THE PUBLIC FOR IN-PERSON AND REMOTE PARTICIPATION PURSUANT TO GOVERNMENT CODE SECTION 54953(e).

THE
CITY OF TRACY REMAINS UNDER A LOCAL EMERGENCY FOR COVID-19 AND IS NOW CONDUCTING TELECONFERENCE MEETINGS PURSUANT TO STATE LAW.

TELECONFERENCED LOCATIONS MAY INCLUDE VARIOUS LOCATIONS INCLUDING TRACY CITY HALL. IN ACCORDANCE WITH THE CALIFORNIA DEPARTMENT OF PUBLIC

HEALTH GUIDELINES, UNIVERSAL MASKING IS RECOMMENDED FOR ALL PERSONS

REGARDLESS OF VACCINATION STATUS AND SOCIAL DISTANCING PROTOCOLS WILL BE IN PLACE FOR TRACY CITY HALL.

MEM

BERS OF THE PUBLIC MAY PARTICIPATE REMOTELY IN THE MEETING VIA THE FOLLOWING METHOD:

As al
ways, the public may view the City Council meetings live on the City of Tracy’s website at CityofTracy.org or on Comcast Channel 26/AT&T U-verse Channel 99. To view from the City’s website, open the “Government” menu at the top of the City’s homepage and select “City Council Meeting Videos” under the “City Council” section.

If y
ou only wish to watch the meeting and do not wish to address the Council, the City requests that you stream the meeting through the City’s website or watch on Channel 26.

Remot
e Public Comment:

Duri
ng the upcoming City Council meeting public comment will be accepted via the options listed below. If you would like to comment remotely, please follow the protocols below:
• Comments via:
o Online by visiting https://cityoftracyevents.webex.com and using the following Event Number: 2554 865 6238 and Event Password: TracyCC o If you
would like to participate in the public comment anonymously, you may submit your comment in WebEx by typing “Anonymous” when prompted to provide a First and Last Name and inserting [email protected] when prompted to provide an email address.
o Join by phone by dialing +1-408-418-9388, enter 25548656238#8722922# Press *3 to raise the hand icon to speak on an item.
• Prot
ocols for commenting via WebEx:
o If you wish to comment on the “Consent Calendar”, “Items from the Audience/Public Comment” or “Regular Agenda” portions of the agenda:
 Listen for the Mayor to open that portion of the agenda for discussion, then raise your hand to speak by clicking on the Hand icon on the Participants panel to the right of your screen.
 If you no longer wish to comment, you may lower your hand by clicking on the Hand icon again.

TRACY CITY COUNCIL REGULAR MEETING AGENDA
Tuesday,
September 20, 2022, 7:00 P.M.

Tra
cy City Hall Chambers, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org TRACY CITY COUNCIL AGENDA 2 September 20, 2022
o Comm
ents for the “Consent Calendar” “Items from the Agenda/Public Comment” or “Regular Agenda” portions of the agenda will be accepted until the public comment for that item is closed.

Comments received on Webex outside of the comment periods outlined above will not be included in the record.

Americans With Disabilities Act - The City of Tracy complies with the Americans with Disabilities Act and makes all reasonable accommodations for the disabled to participate in Council meetings. Persons requiring assistance or auxiliary aids should call City Hall (209/831-6105) 24 hours prior to the meeting.

Addressing the Council on Items on the Agenda - The Brown Act provides that every regular Council meeting shall provide an opportunity for the public to address the Council on any item within its jurisdiction before or during the Council's consideration of the item, provided no action shall be taken on any item not on the agenda. To facilitate the orderly process of public comment and to assist the Council to conduct its business as efficiently as possible, members of the public wishing to address the Council are requested to, but not required to, hand a speaker card, which includes the speaker’s name or other identifying designation and address to the City Clerk prior to the agenda item being called. Generally, once the City Council begins its consideration of an item, no more speaker cards will be accepted. An individual’s failure to present a speaker card or state their name shall not preclude the individual from addressing the Council. Each citizen will be allowed a maximum of five minutes for input or testimony. In the event there are 15 or more individuals wishing to speak regarding any agenda item including the “Items from the Audience/Public Comment” portion of the agenda and regular items, the maximum amount of time allowed per speaker will be three minutes. When speaking under a specific agenda item, each speaker should avoid repetition of the remarks of the prior speakers. To promote time efficiency and an orderly meeting, the Presiding Officer may request that a spokesperson be designated to represent similar views. A designated spokesperson shall have 10 minutes to speak. At the Presiding Officer’s discretion, additional time may be granted. The City Clerk shall be the timekeeper.

Consent Calendar - All items listed on the Consent Calendar are considered routine and/or consistent wit h previous City Council direction. One motion, a second, and a roll call vote may enact the items listed on the Consent Calendar. No separate discussion of Consent Calendar items shall take place unless a member of the City Council, City staff or the public request discussion on a specific item.

Addressing the Council on Items not on the Agenda – The Brown Act prohibits discussion or action on items not on the posted agenda. The City Council’s Meeting Protocols and Rules of Procedure provide that in the interest of allowing Council to have adequate time to address the agendized items of business, “Items from the Audience/Public Comment” following the Consent Calendar will be limited to 15- minutes maximum period. “Items from the Audience/Public Comment” listed near the end of the agenda will not have a maximum time limit. A five- minute maximum time limit per speaker will apply to all individuals speaking during “Items from the Audience/Public Comment”. For non-agendized items, Council Members may briefly respond to statements made or questions posed by individuals during public comment; ask questions for clarification; direct the individual to the appropriate staff member; or request that the matter be placed on a future agenda or that staff provide additional information to Council. When members of the public address the Council, they should be as specific as possible about their concerns. If several members of the public comment on the same issue an effort should be made to avoid repetition of views already expressed.

Notice - A 90 day limit is set by law for filing challenges in the Superior Court to certain City administrative decisions and orders when those decisions or orders require: (1) a hearing by law, (2) the receipt of evidence, and (3) the exercise of discretion. The 90 day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge a City Council action in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised during the public hearing, or raised in written correspondence delivered to the City Council prior to or at the public hearing.

Full copies of the agenda are available on the City’s website: www.cityoftracy.org

TRACY CITY COUNCIL AGENDA 3 September 20, 2022

CALL TO ORDER

PLEDGE OF ALLEGIANCE

INVOCATION

ROLL CALL

PRESENTATIONS

1. Certificate of Appointment – San Joaquin County Mosquito Abatement District Board

2. Proclamation – National Hispanic Heritage Month

1. CONSENT CALENDAR

1.A. APPROVAL OF SEPTEMBER 6, 2022 CLOSED SESSION AND REGULAR MEETING

MINUTES

1.B. WAIVE SECOND READING OF FULL TEXT AND ADOPT AN ORDINANCE OMNIBUS AMENDMENT OF THE TRACY MUNICIPAL CODE TO (A) UPDATE CHAPTER 4.16, “REGULATIONS PERTAINING TO THE USE OF PARK AND RECREATION AREAS AND FACILITIES” AND CHAPTER 5.12, “CAMP CARS AND TRAILERS,” AND (B) ADD

PROVISIONS PROHIBITING CERTAIN ACTS, CAMPING, AND STORAGE OF

PERSONAL PROPERTY IN PARKS AND PUBLIC AREAS

1.C. ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT

WITH TOWNSEND PUBLIC AFFAIRS, INCORPORATED, FOR THE PERFORMANCE

OF FEDERAL ADVOCACY, INTERGOVERNMENTAL, AND GRANT SERVICES FOR AN INITIAL TERM OF FIVE-YEARS, SUBJECT TO THREE 5-YEAR EXTENSIONS, FOR AN ANNUAL AMOUNT NOT TO EXCEED $60,000 PER YEAR, A MAXIMUM TOTAL AGREEMENT AMOUNT NOT TO EXCEED $1,200,000, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE FUTURE AGREEMENT EXTENSIONS

1.D. ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF VEHICLES AND EQUIPMENT IN THE AMOUNT OF $1,606,536

2. ITEMS FROM THE AUDIENCE

3. REGULAR AGENDA

3.A. INTRODUCE AN ORDINANCE AMENDING SECTION 3.08.580 REGARDING SPECIAL

SPEED ZONES OF THE TRACY MUNICIPAL CODE TO UPDATE SPEED LIMITS AS

REQUIRED BY THE CALIFORNIA VEHICLE CODE

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

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

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

DEFERRAL OF CERTAIN IMPACT FEES FOR ELLIS TOWN AND COUNTRY (TRACT 4007)
TRACY CITY COUNCIL AGENDA 4 September 20, 2022

3.C. 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)

3.D. 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.

3.E. 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

3.F. 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

3.G. 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

4. ITEMS FROM THE AUDIENCE

5. STAFF ITEMS

6. COUNCIL ITEMS

7. ADJOURNMENT

TRACY CITY COUNCIL - SPECIAL MEETING MINUTES
September 6, 2022, 6:30 p.m.

Tracy City Hall, 333 Civic Center Plaza, Tracy, CA.

1. Mayor
Young called the meeting to order at 6:32 p.m.

2. Roll ca
ll found Council Members Arriola, Bedolla, Davis and Mayor Pro Tem Vargas present. Mayor Young absent from roll call.

3. ITEM
S FROM THE AUDIENCE – None

4. Request
to Conduct Closed Session
A. C onference with Legal Counsel – Existing Litigation (Gov. Code Section 54956.9(d)(1))
i. Case
Title: MARY MITRACOS, v. CITY OF TRACY, and SURLAND
COMMUNITIES, LLC, CASE NO. C093383; COURT OF APPEAL, STATE

OF CALIFORNIA THIRD APPELLATE DISTRICT
Counci
l Member Davis announced she will be recusing herself from discussion on Agenda Item 4.A due to real property in close proximity to the project.

ACTI
ON: Motion was made by Council Member Arriola and seconded by Council Member Bedolla to recess to closed session. Roll call found Council Members Arriola, Bedolla, Davis and Mayor Pro Tem Vargas in favor; all in favor; passed and so ordered. Mayor Young absent from roll call. Time: 6:36 p.m.

Mayor
Young joined the meeting at 6:56 p.m.

5. Reconv
ened to Open Session – Time: 7:19 p.m.

6. Report of Final Action – None

7. Council Items and Comments – Mayor Young acknowledged Corporal Bancroft’s birthday.

Special Meeting Minutes 2 September 6, 2022

8. Adjournment – Time: 7:21 p.m.

ACTION: Motion was made by Council Member Arriola and seconded by Mayor Pro Tem Vargas to adjourn. Roll call found all in favor; passed and so ordered.

The above agenda was posted at the Tracy City Hall on September 1, 2022. The above are action minutes. A recording is available at the office of the City Clerk.

____________________________
Mayor
ATTEST:

___________________________
City Clerk

TRACY CITY COUNCIL REGULAR MEETING MINUTES

September 6, 2022, 7:00 p.m.

City Hall, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org

Mayor Young called the meeting to order at 7:21 p.m.

Roll call found Council Members Arriola, Bedolla, Davis, Mayor Pro Tem Vargas and Mayor Young present.

Mayor Young led the Pledge of Allegiance.

Pastor Doug Diestler, Mission City Church offered the invocation.

Michael Rogers, City Manager presented the Employee of the Month Award for September to Lacy Starling, Police Department.

Mayor Young presented a Certificate of Recognition to outgoing Transportation Advisory Commissioner Rajnish Khanna.

Mayor Young read a proclamation for Tracy Connects Day.

Mayor Young called for a moment of silence for Dino Margaros, Tracy City Center Association Executive Director who passed away.

1. CONSENT CALENDAR – Following the removal of Consent Item 1.G by Mary Mitracos motion was made Mayor Pro Tem Vargas and seconded by Council Member Arriola to adopt the consent calendar. Roll call found all in favor, passed and so ordered. Council Member Davis abstained from voting on agenda item 1.H.

1.A ADOPTION OF AUGUST 16, 2022 CLOSED SESSION AND REGULAR MEETING MINUTES – Minutes were adopted

1.B ADOPT A RESOLUTION MAKING FINDINGS AND RE-AUTHORIZING

REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL AND ALL

LEGISLATIVE BODIES OF THE CITY OF TRACY FOR THE PERIOD FROM SEPTEMBER 7, 2022 THROUGH OCTOBER 6, 2022 PURSUANT TO THE BROWN ACT – Resolution 2022–123 adopted the findings and re-authorized remote teleconferencing.

1.C ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF $255,000

FROM THE UNITED STATES DEPARTMENT OF JUSTICE BYRNE

DISCRETIONARY COMMUNITY PROJECTS GRANT FOR FUNDING THE
POLICE DEPARTMENT’S LICENSE PLATE READER PROGRAM,
APPROVING THE APPROPRIATION TO THE POLICE DEPARTMENT’S
OPERATIONAL BUDGET FOR FISCAL YEAR 22/23, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AWARD ACCEPTANCE– Resolution 2022-124 authorized the acceptance of the Grant.

Regular Meeting Minutes 2 September 6, 2022

1.D STAFF RECOMMENDS THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE MASTER PROFESSIONAL
SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR ON-CALL

PUBLIC OUTREACH SERVICES WITH A NOT-TO-EXCEED AMOUNT OF $200,000 PER YEAR AND EXTENDING THE AGREEMENT FROM ONE YEAR TO THREE YEARS – Resolution 2022-125 approved Amendment No. 1 to the Master Services Agreement with HDR Engineering, Inc.

1.E ADOPT A RESOLUTION AUTHORIZING SUBMISSION OF THE BETTER

CITIES FOR PETS GRANT APPLICATION FOR THE PROJECTED AMOUNT OF $20,000 TO PROVIDE LOW COST ALTERATIONS FOR CERTAIN DOG

BREEDS AND TO SENIOR CITIZEN OWNERS OF FELINES, AND

AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE
GRANT AGREEMENT, IF AWARDED– Resolution 2022-126 authorized the submission of the Better Cities for Pets Grant Application.

1.F ADOPT A RESOLUTION APPROVING A TWO-YEAR MASTER SERVICES AGREEMENT WITH FLOCK GROUP, INC. FOR THE INSTALLATION,

OPERATION, AND MAINTENANCE OF AUTOMATED LICENSE PLATE
READER TECHNOLOGY FOR A NOT TO EXCEED AMOUNT OF $255,000

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY AMENDMENTS– Resolution 2022-127 approved a two-year Master Services Agreement with Flock Group, Inc.

1.H WAIVE SECOND READING OF FULL TEXT AND ADOPT TWO ORDINANCES 1) RESCINDING ORDINANCE 1253 APPROVING SECOND AMENDMENT TO

AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TRACY AND SURLAND COMMUNITIES, LLC. AND 2) RESCINDING SECOND AMENDMENT TO AMENDED AND RESTATED

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TRACY AND SURLAND COMMUNITIES, LLC – Ordinance 1330 rescinded Ordinance 1253 approving second amendment to amended and restated Development Agreement. Council Member Davis abstained. Ordinance 1331 approved rescinding second amendment to amended and restated Development Agreement. Council Member Davis abstained.

1.I ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH TRINE INTEGRATED SERVICES, INC. FOR SECURITY SERVICES FOR A TOTAL AMOUNT NOT TO EXCEED $280,000 ($45,000

MONTHLY) FOR A TERM OF SIX MONTHS AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT AND ANY EXTENSIONS OR
AMENDMENTS FOR UP TO ONE YEAR – Resolution 2022-128 approved a Professional Services Agreement with Trine Integrated Services, Inc.

1.G STAFF RECOMMENDS THAT THE CITY COUNCIL ADOPT A LIST OF PROPOSED PROJECTS FOR FISCAL YEAR 2022-2023 FUNDED BY SENATE BILL 1 (SB 1): THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 – Resolution 2022-129 adopted a list of proposed projects for FY 2022-2023 funded by Senate Bill 1.

Regular Meeting Minutes 3 September 6, 2022

Mary Mitracos stated Beverly Place to Carlton Way and Walnut Street from 11th Street to Highland Avenue are both dead end streets and both streets extend beyond Beverly Place and Highland Avenue and asked if the pavement rehabilitation will extend in the half block of those streets.

Robert Armijo, City Engineer responded yes.

There were no Council comments.

City Council amended the previous motion made by Mayor Pro Tem Vargas and seconded by Council Member Arriola to adopt the Consent Calendar to also include adoption of Consent Item 1.G. Roll call found all in favor; passed and so ordered.

Council Member Davis abstained from voting on Consent Item 1.H.

Michael Rogers, City Manager requested Item 3.B be moved to after 3.G.

2. ITEMS FROM THE AUDIENCE – Ruth Esther spoke in support of Mayor Nancy Young.

Meena Saiprased spoke in support of Mayor Nancy Young.

Robert Tanner stated Council has failed citizens because of homeless, shelter delay, Aquatics Park, cost of trash for seniors, and cannabis. Going to have cannabis stores in the City with no rules and needs to be restricted in the downtown area. Mr. Tanner shared his concerns about sending Mayor Pro Tem Vargas to Miami when she is terming out.

Mayor Pro Tem Vargas disagreed with the previous speaker.

Dan Evans stated Council failed residents on the cannabis issue, is not against cannabis but is against terrible planning. The homeless situation is a terrible disaster. People are upset, and families at risk. Mr. Evans spoke about a mailer from an opponent regarding Council Member Davis and spoke in support of Council Member Davis.

Alice English echoed Mr. Tanner’s comments, stated Council has failed Tracy, shared concerns about the waste rate increase, spoke in support of Council Member Davis, added the City needs a policy for homeless and Council failed by not putting a policy on zoning in the cannabis ordinance. Ms. English urged Council to move item 3.E to second on the regular agenda.

Wilson Truong, California Mortgage Relief Program managed by California Mortgage Relief Corporation and part of California Housing and Finance Authority spoke about a State mortgage relief program. More information is available at: camortgagerelief.org

Karen Moore stated she couldn’t reset password on Tracy App and asked to have the main page of the website to link to more information and who to contact when having problems with GoTracy App. Also asked staff to look into the link to the most recent Instagram and Facebook posts. Ms. Moore stated Council voted to increase the waste pickup in July, have gotten nothing but have been paying for increased costs since July.

More education for the community is needed.

Regular Meeting Minutes 4 September 6, 2022

Tony spoke about the homeless and safety issues at El Pescadero Park, asked Council to provide solutions, and spoke about traffic hazards on Kavanagh at night with no Policing and suggested moving cars to cul-de-sac where it is much safer. Tony requested when the homeless are moved that the areas that homeless people have been living on be barricaded or remediated as the soil has biohazards, drugs, needles.

Jagadeesh stated his home is near a community park and asked if the Council meeting was the right place to request for a tennis court in the park or is it the builder.

Kalyan stated he is also a first-time homeowner in Tracy and spoke about changing pickleball court and opting for a tennis court.

Andrea Brown spoke about a meeting she had with the City Manager about what is happening in the park and enforcing the ordinances at the park, and was told he had never heard of these items before even though he has been to Council meetings. Ms.

Brown shared several situations with the homeless residents in the park that the children at North School are exposed to and asked if anyone cares adding the City should be arresting these people that are committing these crimes.

Council Member Bedolla asked if there was any interest in seeing how many members of the public are wanting to speak on certain items so Council can prioritize the items, so people do not have to wait. Council Member Davis supported the request.

James Osborne requested 3.E be moved to the top of the agenda.

Council Member Bedolla motioned to hear item 3.E first. Motion was seconded by Council Member Arriola.

Mayor Young confirmed item 3.A will be heard first and she will consider moving 3.E.

3. REGULAR AGENDA

3.A ADOPT A RESOLUTION: (1) APPROVING ANNEXATION OF PROPERTY INTO IMPROVEMENT AREA NO. 2 OF THE CITY OF TRACY COMMUNITY FACILITIES DISTRICT NO. 2016-1 (TRACY HILLS) (CFD); (2) CONFIRMING

THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF BONDS AND OTHER

DEBT AND THE ANNUAL APPROPRIATIONS LIMIT FOR IMPROVEMENT AREA NO. 2 AS $50,000,000; (3) CONFIRMING THE RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR IMPROVEMENT AREA NO. 2; AND (4) APPROVING, CONFIRMING, ORDERING AND DIRECTING RELATED

IMPLEMENTATION ACTIONS

Guadalupe Pena, Senior Accountant provided the staff report.

Council questions and comments followed.

There was no public comment.

Chris Lynch, Jones Halls Consultant responded to questions.

Regular Meeting Minutes 5 September 6, 2022

ACTION: Motion was made by Council Member Bedolla and seconded by Council Member Arriola to adopt Resolution 2022-130 (1) Approving Annexation of Property into Improvement Area No. 2 of the City of Tracy Community Facilities District No. 2016-1 (Tracy Hills) (CFD); (2) Confirming the maximum aggregate principal amount of bonds and other debt and the annual appropriations limit for Improvement Area No. 2 as $50,000,000; (3) Confirming the Rate and Method of Apportionment of the Special Tax for Improvement Area No. 2; and (4) Approving, confirming, ordering and directing related implementation actions.

Roll call found all in favor; passed and so ordered.

DEVIATION

3.E ADOPT AN URGENCY ORDINANCE MAKING FINDINGS AND

ESTABLISHING A TEMPORARY MORATORIUM PURSUANT TO
GOVERNMENT CODE 65858 ON THE PROCESSING OF CONDITIONAL

USE PERMITS FOR CANNABIS ESTABLISHMENTS UNDER CHAPTER

10.08 OF THE TRACY MUNICIPAL CODE, TO TAKE EFFECT

IMMEDIATELY UPON ADOPTION

Council Member Davis and Council Member Bedolla provided the staff report.

Council questions and comments followed.

William Dean, Assistant Development Services Director and Victoria Lombardo, Senior Planner responded to questions.

Cherise Bradley and dance students shared signs that show proximity to the dance studio, read out a letter from her niece and shared concerns regarding putting a cannabis dispensary next to dance studio.

Karen Moore stated if we were going with four, density would not be an issue, but Council increased the number of dispensaries. Mr. Tanner expressed concerns previously about downtown density. Ms. Moore referred to previous discussion by Council and stated she was confused why now when Planning Commission can make decisions on density, we are asking for a moratorium. Does not seem like an emergency.

Council Member Bedolla responded to Ms. Moore’s comment.

Arabella McCreary shared information about retailers and urged Council to take into consideration and do retail only and not the other retail types. Stick to downtown area and limit to permit types, retail will address the concern about the concentration in the downtown area and exposure to the public and children.

Marcus Medina, downtown businessowner shared his concerns regarding the dispensary density issue downtown adding it is our job to protect youth.

Shared concerns regarding sensitive use stating it contradicts the code and suggested the last portion of code be removed so it can be addressed with the Planning Commission.

Regular Meeting Minutes 6 September 6, 2022

Zoe Schreiber, GOE Tracy provided information about the cannabis process and urged Council to reject the moratorium and rely on the City’s land use process to play out and grant approval and denial of individual projects based on the merits of the operation.

Joshua Dean stated there seems to be confusion about retail sites and some of applicants are delivery services. The four that have been approved have not yet opened. It is still a myth that it is drugs; it is natural medicine.

Chris Phillips, owner of Devonport Extracts stated they had to reach out to other areas to open their business because this is being stalled. The Council keeps adding more CUPs, should not have 12. Open four and get it going and move from there. Operators are bleeding us dry waiting for decisions that could have been made 18 months ago.

Dale Schafer, Attorney for three cannabis candidates in Tracy stated they have been following the rules, it has been difficult to find real estate and is against the moratorium but send to Planning Commission to address density. Children are not allowed in the businesses and urged Council not to adopt the ordinance.

Devon Julian, Inside the Culture Triangle stated there were four permits originally. On October 15, 2021, the number was increased from four to 11.

Spoke about it being an election period and those running introducing this emergency ordinance to hold back companies that have invested, and urged Council not to move forward with the moratorium.

Quinn Brady, Megan’s Organic Market, one of the original permit winners stated their team is listening and have made amendments to their project, shared information about Megan’s and experience with cannabis and hoped to keep the process fair and supported the original permit winners.

A caller stated a lot of the emotions being expressed are not facts. Need to educate your own children and need to let people that applied open their business.

Devon stated there are a few working diligently with staff through the CUP process that are not located in the downtown area and requested to not stop the processing of locations that are compliant and properly zoned outside of the downtown area. A moratorium would be an additional delay.

James Osborne, Attorney disputed the order of business, stated his firm represents Byron Alvarez, asked Council to consider a 45-day moratorium or longer. Mr. Osborn does not oppose dispensaries, but zoning ordinance should address density issues and location, proposed a one-mile buffer between dispensaries and 500-1000 feet from youth centered locations and change the definition.

Regular Meeting Minutes 7 September 6, 2022

Elizabeth Villarreal shared her concerns regarding dispensaries downtown stating it is going against the City’s mission, and do not want cannabis row downtown.

Troy Ermish stated it is disturbing that after 30 meetings Council has gained no traction. It is unfortunate that staff is unable to foresee these issues; the problem is density and he hoped 45 days is enough time to come up with a plan to eliminate density.

Michaela Toscas, Inspire Positive LLC aka Higher Elevation stated they received a permit from the City. Have been open for seven years and are happy to relocate facility to Tracy but have been paying rent for two years while waiting to open a warehouse in Tracy. Concerns regarding the downtown dispensaries should have been addressed in the ordinance and requested if Council decides to adopt a moratorium not to affect other business who are trying to locate elsewhere in the City.

Deborah Skinner, Academy of Performing Arts owner stated this is a colossal mistake. Have 500 students through her studio a week and does not think it will be safe downtown now, and shared concerns about bringing dispensaries downtown.

Faith Roe read a letter from Katie Borncamp: DARE envisioned a world against violence, substance use and other dangerous behavior. Should be adding family friendly things and keep away from family spaces.

Daniel Helm stated he did not think cannabis facilities are appropriate for downtown. Dispensaries deal in cash; do we want armed robberies going on.

Council Member Arriola objected to Mr. Helm’s characterization.

Andrew Wood appreciated the concerns about introduction of cannabis dispensaries, but people may not have visited dispensaries, and shared the process of entering a dispensary stating they are secure and did not support the moratorium.

Rachael Knight Scott asked Council about their long-term intentions for the downtown area, shared her concerns regarding density of dispensaries downtown and spoke about tax revenue for City.

Greg Cose, TCCA spoke about the loss of Dino Margaros and reiterated what Dino had said at the Planning Commission meeting. People who started paying rent did so at their own risk. Mr. Cose asked Council to consider adding perimeters of spacing and capping the number of dispensaries in the central business district at two.

Dan Evans stated he is not against cannabis but is against poor planning and talked about coming up with zoning ordinance. If five liquor stores go up in the downtown, they should also have restrictions and asked Council to implement the moratorium.

Regular Meeting Minutes 8 September 6, 2022

Ken Cefalo, Main Street Music stated he did not want retail sales of cannabis in downtown Tracy. He voted for Council and hoped they would make good decisions for the City. Need to look at definition of youth center and requested Council consider the moratorium.

Robert Tanner stated there was a moratorium before under Mayor Rickman at the 205 for 45 days. Hope this Council does the same thing so we can get something done within 90 days and spoke about mortgages on locations. There is too much concentration downtown or central business district and suggested to take time to do it right.

Mike Shober stated the City needs to take the time because children are involved. Need to protect children and get it right.

Hailey Andrew, Operator of a dispensary in Dixon shared her experience with going before the Dixon City Council, and opposition from the community. Have been there 4.5 years, have won awards in Dixon because of community commitment and urged Council to look at who your operators will be.

Mike Souza asked Council to be fair to those who want to be part of this business and not be downtown and not penalize those that are not trying to go downtown and asked if the Planning Commission can continue items that are downtown so Council can continue to look at it to come back with emergency ordinance.

Nick Andre, Megan’s Organic Market stated they are one of the four original permit winners. Issue of density is going from four to 11. Let the four original winners proceed and deal with density issues for the remaining. Mr.

Andre added they made an application to amend the CUP with a revised plan to move the entry to B Street and are trying to solve the problem.

Dana stated Livermore is thriving and there are zero dispensaries downtown and asked why the Planning Commission and Council doesn’t have the guts and common sense to say no to six dispensaries in our downtown. Dana stated she is not opposed to dispensaries in Tracy, only in the downtown.

Alice English stated they are going to move the entrance on B Street but what about residents; families that live on 9th Street and who is protecting them. Council failed in June. Need the 45 days, to protect residents and need buffer, and zoning. The store on 11th Street is more than enough to serve downtown and need a moratorium for our community.

Erwin asked what the amount of sales tax and impacts are of having a dispensary in certain locations and asked what the impacts on residents are, crime rates, business impacts. Eleven is too much.

Dotty Nygard, Co-partner Megan’s Organic Market stated there is a large population in town that look forward to this opening up for health reasons.

Understand safety concerns and addressed what they heard at Planning Regular Meeting Minutes 9 September 6, 2022

Commission. Ms. Nygard stated they came to Council before about density issues and offered solutions.

Tim Silva stated the bigger issue is how did we get to this point. Had over 30 meetings and we’re still talking about zoning and density. How is it fair to business people and residents to endure this and how are we so ineffective and not able to come up with comprehensive resolution for everyone.

Jennifer Toscas stated cannabis has replaced all her pharmaceutical, is not in favor of a moratorium and delaying opening of cannabis stores and is tired of having to travel outside of Tracy.

Megan Roe stated she is not against cannabis or dispensaries but there are better locations for them and shared concerns regarding dispensaries downtown and requested Council take into consideration the 45-day moratorium.

Deanna Garcia stated by removing regulated and legal cannabis you are removing the education that is needed as well as safety, security, and tax dollars. They are scheduled for their CUP hearing next week. The process has cost $240,000 so far. Let’s keep this item going as is with no postponement and requested Council vote no on a moratorium.

Alex Monceaux stated he was pro cannabis. His business is not store front or downtown and would love to move back but with tax rates it is better to keep in other towns. This is a knee jerk reaction from four to 11 because of inadequate scoring process.

Burnell Shull stated she was not against cannabis but against it being downtown and asked who is in charge of seeing who is paying taxes since it is all cash. Ms. Schull was upset that the City would give a corporation the first cannabis store when people from Tracy have wanted to open a store.

Michele True, Tracy Cannabis Collective shared events and benefits of cannabis, understands the public concerns. Their location is outside of TCCA district and they do not want the moratorium.

Cecile Hines stated she is not against dispensaries but totally against being downtown. Modesto has a buffer around their downtown. Council needs to put the community first as they are talking about changing the culture of downtown and take the time the moratorium gives you.

Megan Souza, Megan’s Organic Market stated they invested significant resources based on the ordinance that Council approved. The ordinance works for four dispensaries, it does not work for 11 or 12 and agreed overconcentration is an issue. This is a concern that Council considered potential solutions but went ahead anyway. Two would be appropriate.

Kimberly Cargile, Tracy Cannabis Collective asked Council to vote no on the moratorium. Heard concerns from other towns because people are afraid of unknown.

Regular Meeting Minutes 10 September 6, 2022

Dennis Chang, Tracy Cannabis Collective spoke about the security and safety of employees and community is paramount and provided highlights of cannabis businesses. This is a highly regulated industry.

Mayor Young clarified with staff which items can be moved to the next Council meeting due to the late hour.

Kevin Sheridan, Valley Link suggested item 3.F be taken as it starts the 30 day clock and the other item can be handled later.

Motion was made by Council Member Arriola and seconded by Council Member Bedolla to table all items other than 3.D and 3.F to the next meeting. Roll call found all in favor; passed and so ordered.

Karin Schnaider, Assistant City Manager confirmed Council will come back and finish the discussion and action on Item 3.E. and then go to Item 3.D and Item 3.F and that will be all for the evening.

Mayor Young called for a recess at 11:45 p.m.

Mayor Young reconvened the meeting at 12:04 a.m. September 7, 2022.

Council questions and comments continued.

Council Member Arriola supported directing staff to bring back three specific proposed ordinance amendments that considers 1) Limited number of permits for business district 2) Buffer zones including density applicant proximity to one and another and 3) Definition of youth center. Council Member Bedolla supported the suggestion.

Adrianne Richardson, City Clerk read the title of the proposed ordinance.

ACTION: Motion was made by Council Member Arriola and seconded by Council Member Bedolla to waive the reading of the full text and adopt proposed Ordinance and also direct staff to return with specific proposed ordinance amendments 1) Limited number of permits for business district, 2) Buffer zones including density applicant proximity to one and another and 3) Definition of youth center.

Mayor Pro Tem Vargas made a second motion to direct staff to do an amendment to Title 10 to look into the amendment of limited amount of dispensaries per district, to define buffer zones and also define the youth center with the same timeline and not do a moratorium. Mayor Young seconded the motion. Roll call found Mayor Pro Tem Vargas and Mayor Young in favor. Council Members Arriola, Bedolla and Davis opposed.

Motion failed.

Roll call on the first motion on the item found Council Members Arriola, Bedolla and Davis in favor. Mayor Pro Tem Vargas and Mayor Young opposed. Motion failed.

Regular Meeting Minutes 11 September 6, 2022

3.B STAFF RECOMMENDS THAT THE CITY COUNCIL INTRODUCE AN ORDINANCE AMENDING SECTION 3.08.580 REGARDING SPECIAL

SPEED ZONES OF THE TRACY MUNICIPAL CODE TO UPDATE SPEED LIMITS AS REQUIRED BY THE CALIFORNIA VEHICLE CODE – Item moved to September 20, 2022 Council meeting.

3.C STAFF RECOMMENDS THAT THE CITY COUNCIL ADOPT THE

FOLLOWING RESOLUTIONS TO FURTHER COMPLY WITH THE
JUDGMENT AND PEREMPTORY WRIT OF MANDATE IN MITRACOS V.

CITY OF TRACY, ET AL., SAN JOAQUIN COUNTY SUPERIOR COURT CASE NO. STK-CV-UWM-2018-5531: (1) A RESOLUTION RESCINDING RESOLUTION NO. 2020-154 APPROVING FINAL AQUATIC CENTER
CONCEPTUAL PLAN WITH A NOT-TO-EXCEED AMOUNT OF $65
MILLION INCLUDING CONTINGENCY AND SOFT COSTS; (2) A
RESOLUTION RESCINDING RESOLUTION NO. 2019-78 APPROVING

THE AGREEMENT FOR DEFERRAL OF CERTAIN IMPACT FEES FOR
ELLIS GARDENS PHASE 1- 3 (TRACT 3877, TRACT 3906, AND TRACT 3907); AND (3) A RESOLUTION RESCINDING RESOLUTION NO. 2021- 116 APPROVING THE AGREEMENT FOR DEFERRAL OF CERTAIN
IMPACT FEES FOR ELLIS TOWN AND COUNTRY (TRACT 4007) – Item moved to September 20, 2022 Council meeting.

3.D STAFF RECOMMENDS THAT CITY COUNCIL INTRODUCE AN ORDINANCE

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

PROHIBITING CERTAIN ACTS, CAMPING, AND STORAGE OF PERSONAL

PROPERTY IN PARKS AND PUBLIC AREAS

Sekou Millington, Police Chief introduced Ana Contreras, Code Enforcement Manager, and Lieutenant Miguel Contreras who provided the staff report and responded to questions.

A resident shared her concerns regarding the homeless community at El Pescadero. Tracyites helping them by giving food, water, shelter, laundry service, birth control is perpetuating a lifetime of bad choices and not teaching them to be survivors. The code needs to be enforced immediately.

Damian Gray shared her experiences and concerns with living near El Pescadero Park. The City has allowed the behavior at the park. People being accountable for their illegal actions will make them accountable.

Karen Moore stated when a law is made people find a way around it, is concerned that people may think this is going to be a solution, but it may not and believes the City is working diligently on a solution.

Regular Meeting Minutes 12 September 6, 2022

John Oh stated the ordinance has been worked on for some time and appreciated the Police Department’s involvement and spear heading of this directive. Dealt with vagrancy downtown for quite some time. Eventually our vendors may take away certain activities or events downtown and they may not want to come back.

Adrianne Richardson, City Clerk read the title of the proposed ordinance.

ACTION: Motion was made by Council Member Bedolla and seconded by Council Member Davis to waive the reading of the full text and introduce an Ordinance making an omnibus amendment to Tracy Municipal Code to (A) update Chapter 4.16. “Regulations Pertaining to the Use of Park and Recreation Areas and Facilities” and Chapter 5.12, “Camp Cars and Trailers,” and (B) Add provisions prohibiting certain acts, camping, and storage of personal property in parks and public areas. Roll call found all in favor; passed and so ordered.

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

Karin Schnaider, Assistant City Manager provided the staff report.

Council questions and comments followed.

Daniel Helms spoke about the City giving away 200 acres and asked if the City is hoping to get a maintenance yard or something with economic impact or just right of way.

Mary Mitracos provided a history on how the City acquired the property and the restriction on the uses and stated if the City can get rid of this land, do it.

Alice English stated it is not up to us to use for other purposes. That location, Ellis Development, maybe Redbridge that connection is the biggest pipeline in California. This should not be approved and asked how can the City think of putting hydrogen plant over that big pipeline. Let’s wait until we have more information.

Karen Moore stated she lives close to the piece of land and have been attending Valley Link meetings and is excited to see Tracy on the map about green energy. Whoever gets that land will have to work with PG&E and hoped that Council votes for this.

ACTION: Motion was made by Council Member Arriola and seconded by Mayor Pro Tem Vargas to adopt Resolution 2022-131 declaring 200 acres of City- owned land located at 15580 and 15178 West Schulte Road (APNs 209- 230-029 and 209-230-030) as exempt surplus property under Government Code Section 54221 (F)(1)(D). Roll call found Council Members Arriola, Bedolla, Mayor Pro Tem Vargas and Mayor Young in favor; passed and so ordered. Council Member Davis opposed.

Regular Meeting Minutes 13 September 6, 2022

3.G 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) – Item moved to September 20, 2022 Council meeting.

4. ITEMS FROM THE AUDIENCE – Karen Moore stated during the different agenda items emails were not asked about and asked if they are not part of the discussion anymore.

Mayor Young responded we do have them on the dais and do make mention of them.

Alex Monceax apologized for swearing and was just frustrated.

5. STAFF ITEMS – Michael Rogers, City Manager stated the heat warning is still in effect until Friday at 8:00 p.m. If anybody needs to, they can call 211 for the nearest cooling station and a ride with the Tracer bus which will be free to beat the heat. Mr. Rogers also announced there is a vacancy on Transportation Advisory Commission. We would like for those who are residents of the City who have a background in mobility and transportation to consider this particular commission.

6. COUNCIL ITEMS – Council Member Arriola requested a second look at incentives for cannabis applicants to move to another location. Mayor Pro Tem Vargas seconded the request.

7. ADJOURNMENT – Time: 1:47 a.m. Wednesday, September 7, 2022.

ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Arriola to adjourn. Roll call found all in favor; passed and so ordered.

The above agenda was posted at the Tracy City Hall on September 1, 2022. The above are action minutes. A recording is available at the office of the City Clerk.

____________________________
Mayor

ATTEST:

__________________________
City Clerk
Septembe r 20, 2022
Agenda Item 1.B

RECOMMENDATION
Staff recommends that the City Council waive second reading of full text and adopt an ordinance omnibus amendment of the Tracy Municipal Code to (a) update chapter 4.16, “regulations pertaining to the use of park and recreation areas and facilities” and chapter

5.12, “camp cars and trailers,” and (b) add provisions prohibiting certain acts, camping, and storage of personal property in parks and public areas

EXECUTIVE SUMMARY
The proposed amendments to the Tracy Municipal Code will update Chapter 4.16, “Regulations Pertaining to the Use of Park and Recreation Areas and Facilities” and Chapter 5.12, “Camp Cars and Trailers” to current language and practices. The amendments will also expand t he City of Tracy’s enforcement t ools for unlawful acts in parks and public areas, camping, and storage of personal property. Lastly, the amendments will increase penalties for certain violations to misdemeanors.

BACKGROUND AND LEGISLATIVE HISTORY
At the regular City Council meeting on May 17, 2022, City staff provided an informational report to City Council previewing proposed amendments to t he Tracy Municipal Code to update and expand Chapter 4.16, Regulations Pertaining to the Use of Park and Recreation Areas and Facilities, and Chapter 5.12, Camps Cars and Trailers. On August 4, 2022, the proposed amendments were presented at the Parks and Community Services Commission meeting for input and discussion. During that time, the Parks and Community Services Commission pr
ovided feedback on the proposed amendments. On August 22, 2022, the Homeless Advisory Committee also reviewed and commented on the proposed amendments. Upon conclusion of its discussion, the Homeless Advisory Committee voted to forward the draft amendments for City Council consideration. The objective of these amendments is t o clarify pr ohibited acts regularly encountered by the City and establish related enforcement authority currently not provided for in the Tracy Municipal Code.

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

Agenda Item 1.B
September 20, 2022

Page 2 ends

Amendments to Chapter 5.12, Camp Cars and Trailers
The proposed
amendments will more clearly define and prohibit camping in parks and public areas. The amendments will also prohibit camping within certain distances of certain areas and restrict storage of personal property in parks and public areas. Violations of certain sections will be subject to a misdemeanor. The City’s ability to enforce the proposed amendments prohibiting camping will be subject to the satisfaction of relevant constitutional and state laws. The following is a summary of the amendments to Chapter 5.12:
• Prohibits any person to enter or remain in a City park between the hours of 10:00 p.m. and 6:00
a.m.
• Prohibits camping within certain distances to specific locations, including, driveways, building entrances/exits, public
or private property fencing, fire hydrants or other fire department connections, and restricts camping within 1,000 feet of schools, day care centers, recreational facilities or sports fields, shelters, and areas that obstruct or interfere with City activities. A violation of this section shall be charged as a misdemeanor
offense.
• Prohibits storage of personal property in parks or public areas and allows the City to immediately remove personal property in certain circumstances (such as when the property
is evidence of a crime or immediate threat to health and safety of the public). • Provides
the procedure for the City’s removal and storage of personal property.

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

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

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

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

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

Agenda Item 1.B
September 20, 2022

Page 3 ends

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council waive second reading of full text and adopt an ordinance omnibus amendment of the Tracy Municipal Code to (a) update chapter 4.16, “regulations pertaining to the use of park and recreation areas and facilities” and chapter 5.12, “camp cars and trailers,” and (b) add provisions prohibiting certain acts, camping, and storage of
personal property in parks and public areas.

Respect
fully submitted,
Necy
Lopez
Deputy City Clerk
Attach
ments:

Attachment A: Ordinance Amending Chapter 4.16 and Chapter 5.12 with Notice and Digest

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

TRACY CITY

COUNCIL
ORDINANCE NO. ________________

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

CAMPING, AND STORAGE OF PERSONAL PROPERTY IN PARKS AND

PUBLIC AREAS
WHEREAS, cert
ain unlawful acts, camping, and unlimited storage of personal property in parks and public areas create unsafe and unsanitary conditions throughout the City of Tracy; and WHEREAS, these conditions interfere with the use of parks and public areas for their intended purpose and impact the health and safety of the public; and WHEREAS, these conditions cause blight throughout the community and damage to public property; and
WHEREAS, throughout the last several years, the City has experienced an increase in illegal activity, camping, and storage of personal property throughout parks and public areas, and the Tracy Municipal Code provides limited enforcement opportunities to address these growing issues; and WHEREAS, in
order to protect the health and safety of the community and the conditions of parks and public areas, amendments to the Tracy Municipal Code are necessary to provide the City with additional enforcement tools; and
WHEREAS, the proposed amendments will allow the City to address specific activities within parks and public areas that are currently not prohibited under the Tracy Municipal Code, and will increase penalties for certain activities to misdemeanors; and WHEREAS, these
changes will increase enforcement opportunities and deter illegal activities in parks and public areas; and
WHEREAS, such
additional enforcement tools are specifically amendments to Chapter 4.16, “Regulations Pertaining to the Use of Park and Recreation Areas and Facilities” and Chapter 5.12, “Camp Cars and Trailers” of the Tracy Municipal Code, as more specifically described in Exhibit A attached hereto and incorporated herein (Amendments); and

ATTACHMENT A
WHEREAS, the City’s Parks and Community Services Commission considered and provided input on the Amendments to Chapter 4.16 on August 4, 2022; and WHEREAS, the City’s Homeless Advisory Committee considered and provided input on the entirety of the Amendments on August 22, 2022; and
WHEREAS, the Amendments are necessary to expand the City’s enforcement tools to address unlawful acts, camping, and storage of personal property in parks and public areas in order to protect the health and safety of the community and conditions of parks and public areas in the City; and WHEREAS, as supported by substantial evidence in the record and for the reasons set forth in this Ordinance, and, each as a separate and independent basis, that the actions authorized by this Ordinance are exempt from additional review and analysis under the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines (Cal. Code Regs., title 14, section 15000 et seq.) under CEQA Guidelines Section 15307 (Protection of Natural Resources), Section 15308 (Protection of the Environment), and/or Section 15061(b)(3) (Common Sense Exemption), and/or Section 15321 (Enforcement Actions); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TRACY DOES ORDAIN AS FOLLOWS:

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

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

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

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

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

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

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

Page 2 ends

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

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:

ATTEST:

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

Ordinance ____

Page 3 ends

NOTICE AND DIGEST
OMNI

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

CAMPING, AND STORAGE OF PERSONAL PROPERTY IN PARKS AND

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

Ordinance ____

Page 4 ends

EXHIBIT A

AND STORAGE OF PERSONAL PROPERTY IN PARKS AND PUBLIC AREAS

Chapter 4.16 REGULATIONS PERTAINING TO THE USE OF PARKS AND RECREATION AREAS

PUBLIC AREAS AND FACILITIES
Sections:

4.16.010 Name of chapter.

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

4.16.020 Purpose.

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

4.16.030 Definitions as used in this chapter.
"Amplified sound" means music or speech projected or transmitted by electronic equipment, in cluding but not limited to amplifier, loudspeakers or any similar device. "City Manager" means and refers to the City Manager or his their designee. "Director" means and refers to the Director of the Department of Parks and Recreation Department or his their designee.
"Exclusive use" means the right to use a park or public area, or area thereof, for any activity at a specified time, to the exclusion of all others.
"Facility permit" means written permission by the Director for a specified use of a park or public area or area thereof, including a community building, community ground, barbecue pit area, City pool, athletic facility or any other park public facility.
"Parade" means an organized march or procession of persons, animals or vehicles or combination thereof whose march route crosses park or public property.
"Park" means all City parks, community buildings and grounds, athletic facilities, open space areas and other grounds and facilities owned or operated by the City for park, recreation or open space purposes.

“Parks and Recreation Department” means the Parks and Recreation Department of the City of Tracy. "Permit application fee" means the nonrefundable fee to be paid by an applicant for a facility permit. The fee shall be set by the City Council and shall cover the full cost (or portion thereof) of processing and investigating the application, and administering the park facility permit program. "Permittee" means the person or group which has been granted a facility permit. “Public,” “Public Property,” "Public Area" or "Public Areas" means all real property that is owned or controlled by the City of Tracy and shall include, but not be limited to, any street, median strip, sidewalk, parking lot, building, or structure.
"Publicize" means to inform the public of a planned activity by means of newspaper articles, notices, radio or television notices, announcements at public places, leafletting, posting si gns or written notices in places used by the public, social media, or by any other means calculated to notify the public of any activity. (Prior code § 4-4.03)

4.16.040 Certain park and public areas restricted to specific users.

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

4.16.050.
(Prior code § 4-4.04)

4.16.050 Facility permit required.

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

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

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

4.16.070 Facility permit application.

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

4.16.080 Action or permit application.

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

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

4.16.090 Grounds for permit denial.

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

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

4.16.100 Park Facility permit conditions.

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

4.16.110 Fees and deposits.

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

4.16.120 Indemnification.

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

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

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

4.16.140 Sale of goods and merchandise.

No person, other than a concessionaire with a current and valid contract with the City for the provision of concession services, shall sell or offer for sale any goods, wares, merchandise or beverages without the prior written approval of the Director. The Director shall determine whether to approve, conditionally approve or deny an application for a vendor permit within seven (7) days after receiving a completed application on a form prescribed by the Director. Written permission shall not be granted by the Director excepting for sales by non- profit organizations in connection with an organized activity whose primary purpose is First Amendment

expression and not private profit. The Park Director may impose reasonable conditions of the issuance of a permit as authorized by section 4.16.160 of this chapter. This section shall not apply to the solicitation of donations for distribution of material by individuals for the primary purpose of First Amendment expression and not private profit.
(Ord. 1096 § 1, 2006: prior code § 4-4.14)

4.16.150 Amplified sound.

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

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

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

4.16.180 Unlawful acts in parks and public areas.

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

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

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

The City will remove leftover charcoal and ashes as needed; (or camp, except in places designated as such by official action of the City;
(l) Ride or drive any horse or other animal or any motorized vehicle, cycle, go cart or scooter elsewhere than on the roads or drives provided for such purpose, or drive a motor vehicle in an erratic or hazardous manner on any park roads, public areas, paths or parking areas; (m) Enter, remain or stay in the swimming pools in the public parks or the enclosures surrounding the pools at any time when the pools are not open to the public with a lifeguard on duty; (n) Play or engage in model aircraft flying or boats, driving of golf balls, archery, hardball or any similar games of a hazardous nature except at such places as are especially set apart for such purposes; (o) Throw or place on or in any park or public area any paper, rubbish, garbage or refuse matter of any kind, unless in or adjacent to a receptacle designed for the purpose; but no person shall deposit household rubbish and garbage in any City park, public area, rubbish receptacles or in garbage receptacles;
(p) Urinate or defecate in a park, public area, or recreation facility except in proper fixtures in a restroom facility designed for the purpose;
(q) To sell refreshments, food stuffs or novelties in any park or on any street immediately adjacent thereto without the prior written permission of the Director or the City Council; (r) Use or possess any glass beverage container within the boundaries of any park or public area; (s) Alcoholic beverages are prohibited in mini and neighborhood parks adjacent to joint use areas of elementary schools. It shall be unlawful and a misdemeanor to consume any alcoholic beverage, in any park without first obtaining the permission of the City Council or a permit from the Parks and Recreation Department. It shall be unlawful to possess any can, bottle or other receptacle containing any alcoholic beverage as defined by the Alcoholic Beverage Control Act of the State of Ca lifornia that has been opened, or a seal broken or the contents of which have been partially removed in any park without first obtaining the permission of the City Council or a permit from the Parks and Recreation Department. Signs will be posted and shall read "ALCOHOL CONSUMPTION OR POSSESSION PROHIBITED IN CITY PARK WITHOUT A PERMIT BY T.M.C. 4.16.180(s)"; (t) No person shall go upon any surface in a park with any skateboard, roller skate, rollerblade, in -line skate, coaster, or any similar device, when appropriate signs giving reasonable notice thereof are posted at the park;
(u) A person shall be permitted to use a skateboard in a park only if: (1) the City Council has adopted a resolution which identifies the park at which skateboarding is permitted; and (2) signs are posted at the park affording reasonable notice that: (i) any person riding a skateboard in the park is undertaking

a "hazardous recreational activity" pursuant to California Health and Safety Code section 115800; and (ii) the person must wear a helmet, elbow pads, and knee pads; and (iii) that any person failing to do so will be subject to citation pursuant to this section;
(v) Under no circumstances may persons store or dispose of waste water (i.e. from baths, sinks, washing machines, and/or other kitchen appliances) or sewage water onto parks or public areas not intended for such disposal;
(w) Parks and public areas shall not be used for storage or a dumping location for any personal items, including without limitation, car parts, bicycle parts, bicycles, furniture, appliances, generators, propane tanks, or combustible materials; and
(x) Under no circumstances may persons create unpermitted electrical or gas connections.

The following subsections under this section shall be a misdemeanor: subsections (d), (e), (h), (i), (j), (k), (l), (o), (p), (v), (w).

(Ord. 1074 § 2, 2005; Ord. 990 § 1, 1999; prior code § 4-4.18; Ord. No. 1229, § 1, 1-3-2017)

4.16.190 Park closing hours.

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

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

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

Any area to remain open shall be posted on a separate sign located within such area. (b) Each park shall be posted in the following manner:
(1) If the park does not contain any lineal dimension exceeding 350 feet, by posting signs at each corner of the area and at intervals not exceeding 150 feet, and, if such property has a definite entrance or entrances, at each such entrance;

(2) If the park has lineal dimensions exceeding 350 feet, by posting signs at each corner of the area and at intervals not exceeding 300 feet, and if such property has a definite entrance or entrances, at each such entrance.
(c) For alcoholic restriction, each park shall be posted as follows: "ALCOHOL CONSUMPTION OR POSSESSION PROHIBITED IN CITY PARK WITHOUT A PERMIT BY TMC 4.16.180(s)". (Ord. 1109 § 2, 2007: prior code § 4-4.20)

Chapter 5.12 CAMP CARS AND TRAILERS, TENT SPACES, AND STORAGE OF

PERSONAL PROPERTY IN PARKS AND PUBLIC AREAS
Sections:

5.12.010 Definitions.

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

5.12.020 Building Inspector.

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

5.12.030 Permit to locate a campground or tent space required.

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

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

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

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

5.12.040 Money to city treasurer.

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

5.12.050 Revocation or suspension of permit.

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

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

The notice shall be sent by registered mail, postage prepaid, return receipt requested, to the person owning or operating the campground or tent space as such person's name and address appears on the last equalized assessment roll or as known to the Building Inspector. A copy of said notice shall also be posted conspicuously on the campground or tent space alleged to be in violation of this or any other law of the City or of the State. The Building Inspector upon giving notice as aforesaid, shall file an affidavit thereof with the City Clerk certifying to the time and the manner in which such notice was given. There shall also be filed therewith any receipt cards which may have been returned in acknowledgement of the receipt of such notices by registered mai l. The failure of any owner or operator to receive notice shall not affect in any manner, the validity of any proceedings taken hereunder. At the time and place mentioned in said notice, the person holding said permit shall have the right to appear in person or by counsel, and to introduce such evidence as he they may desire, and the Council shall

confront said permit holder with any charges that said Council may have against him them, and after said hearing, the Council may at its discretion, revoke or suspend the permit. (Prior code § 5-3.05)

5.12.060 Responsibility of owner or operator.

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

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

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

5.12.080 Drainage of premises.

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

5.12.090 Water supply.

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

5.12.100 Removal of wheels or similar devices.

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

5.12.110 Dogs not allowed at large.

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

5.12.120 Water closets.

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

5.12.130 Baths.

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

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

5.12.140 Garbage receptacles.

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

5.12.150 Slop sinks.

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

5.12.160 Refuse and sewage disposal.

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

5.12.170 Lighting.

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

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

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

5.12.190 Fire protection.

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

5.12.200 Use of camp cars and/or trailers or tents.
(a) It shall be unlawful to occupy any camp car and/or trailer or erect and/or occupy a tent for living or sleeping purposes in any public area, the City for a period longer than twenty-four (24) hours unless the same is located upon a campground or tent space licensed under the provisions of this chapter. provided, however, that temporary permits therefor, limited to seventy-two (72) hours including the first twenty-four (24) hour period, may be granted by the Building Inspector. No permits shall be issued for any camp car and/or trailer or tent occupancy which will constitute a nuisance or a health menace.
(b) It shall be unlawful to occupy a camp car and/or trailer or tent for living or sleeping purposes on in any public area public streets, alleys, or ways in the City at any time. (b) Without limiting the application of subsection (a) above, it shall be unlawful to occupy a camp car and/or trailer or erect and/or occupy a tent as follows:

(1) Within twenty (20) feet of any driveway;
(2) Within five (5) feet of any building entrance or exit; (3) Within ten (10) feet of any fence located on public or private property; (4) Within two (2) feet of any fire hydrant, fire plug, or other fire department connection; (5) Within (1,000) feet of any public building, park playground, homeless shelter facility, school, day care center, recreational facility, or sports field; and
(6) In an area that obstructs or interferes with an activity for which the City has issued a permit.

(c) Any person who violates the provisions of this section is subject to criminal prosecution of a misdemeanor. (Prior code § 5-3.21)

5.12.210 Unlawful Storage of Personal Property.
(a) No person shall store any personal property in a public area that constitutes an immediate threat to the health or safety of the public or is evidence of a crime or contraband, which may include, but is not limited to:
(1) Personal property that obstructs or interferes with the flow of pedestrian, bicycle, or vehicle traffic, on any portion of any street, sidewalk, or other public right of way; and

(2) Attachment of any personal property to any public area or public property, including but not limite d to, a building, bus shelter, the ground, a bench, a fence, pole, trash can, mailbox, sign, tree, or plant, without the City's prior written consent.
(b) The City may remove personal property that is in violation of this Chapter without prior notice. Any person that obstructs or interferes with the City’s removal of property under this Chapter will be subject to a misdemeanor.

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

Septembe r 20, 2022
Agenda Item 1.C

RECOMME

NDATION
Adopt a Reso
lution Approving a Professional Services Agreement with Townsend Public Affairs, Incorporated, for the Performance of Federal Advocacy, Intergovernmental, and Grant Services for an initial term of Five-Years, Subject to Three 5-year Extensions, for an Annual Amount Not to Exceed $60,000 Per Year, a Maximum Total Agreement Amount Not to Exceed $1,200,000 and Authorizing the City Manager to Execute Future Agreement Extensions.

EXECUTI

VE SUMMARY
Adopting
the proposed resolution will provide federal advocacy, intergovernmental, and grant services that protect and promote the City’s interests before the Congress of the United States and federal funding agencies. If adopted, a Professional Services Agreement (see Attachment No. 1) with Townsend Public Affairs, Inc., (TPA) will be executed by the Mayor, and at the direction of the City Manager TPA shall assist the City in preparing its annual legislative priorities and platform; advise, counsel, and represent the City in legislative matters; and may be called upon to pursue federal funding by assisting the City with grant writing services (see Exhibit A to Attachment No.1).

BACKG

ROUND AND ANALYSIS
Each year
since 2008, the City of Tracy City Manager has entered into Professional Services Agreements (PSA) with Patricia Jordan and Associates to assist the City with furthering its interests regarding transportation, social welfare, housing, environment, and other municipal interests at the federal level.

Desir
ing to further enhance the City’s presence with federal agencies and legislators in order to effect legislation that will either positively or negatively impact the City’s objectives; and to enhance the City’s opportunities to position itself in an ever-increasing competitive environment of federal funding and grants, a Request for Qualifications and Proposals (RFQ/P) was issued to provide, not only federal advocacy services, but also for federal grant procurement services—something that the City already utilizes at the state level.

On June
3, 2022, notices for services were advertised in multiple locations including the Tracy Press and the City’s Website. The original deadline for responses was June 30, 2022, but was extended on June 30th to July 7, 2022 by an amendment to the solicitation notice.

The City
received twelve inquiries to its solicitation notice and qualifications and proposals were received by six firms:

Townsend Public Affairs California, Washington D.C.

The Ferguson Group Washington D.C.

C.J. Lake, LLC
Washington D.C.

Tai Ginsberg & Associates, LLC Washington D.C.; Chicago, Illinois Foley & Lardner, LLP Washington D.C.

Rojas Communications Group California
Following reviews and evaluations by Assistant City Manager s Karin Schnaider and Midori Lichtwardt, Development Services Department Director Kris Balaji, and Finance Department Management Analyst
II, Anne Bell, three firms stood out as having provided superior qualifications and proposals. Townsend Public Affairs, C.J. Lake, LLC., and The Ferguson Group were invited to partake in interviews with the evaluation panel. The interviews took place on July 20, 2022.

A qualification-based process considered the following criteria when evaluating the proposals and int
erviewing the shortlisted candidates:
• Experience, expertise, and knowledge of legislative process • Experience representing
cities and/or counties
• References indicating ability to work effectively with legislators from both political parties and with clients
• Record of no legal/regulatory violations
• Familiarity with
the City of Tracy
• Ability to represent Tracy on a broad range of issues without significant conflicts
of interest
• Experience, expertise, and knowledge of grant procurement • Fee Proposals (although
fees could be considered, they were not
considered as
a deciding factor)
Townsend Publi
c Affairs (TPA) was selected after the interviews. Since May of 2019, the City of Tracy has been under a separate contract with TPA for State lobbying and grant writing services. This PSA has the added benefit of efficiencies and economies of scale by utilizing TPA for both State and Federal lobbying and grant services.

FISCAL IM
PACT
The Agreement
allows for an initial term of five-years, subject to three 5-year extensions, for an annual amount not to exceed $60,000 per year, a maximum total agreement amount not to exceed $1,200,000. The funding is provided through Central Administrations operating budget in the General Fund.

TPA curren
tly serves as the City of Tracy’s State Advocate. For the duration of the Agreement in which TPA provides both Federal and State Advocacy and Grant Writing services, TPA will offer a bundled discount price for Federal Services of $2,000 per month ($24,000 per Year). If TPA serves only as the City of Tracy’s Federal Advocate and provides only Federal Grant Writing services, the monthly fee shall at that time revert to the prorated undiscounted amount Agenda Item 1.C
September 20, 2022

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of $60,000 per year ($5,000 per month). TPA chooses not to include an annual inflationary escalator.

PUBLIC OUTREACH/ INTEREST
Not Applicable.

COORDINATION
Assistant City Managers Karin Schnaider and Midori Lichtwardt; Development Services Department Director, Kris Balaji; and Finance Department Management Analyst II, Anne Bell were the staff members involved in the selection process and contributed to the recom
mendation being presented in this staf f report.

CEQA DETERMINATION
The action of approving an Agreement with a federal advocate and grant writer will not pose any environmental impact and is not subject to CEQA. Projects benefiting from the consultant’s services will be subject to CEQA deter mination at the time of project approval.

STRATEGIC PLAN
Council’s action addresses and contributes to its Strategic Priority of Governance, Goal No. 2 “Ensure Short and Long-term Fiscal Health".

ACTION REQUESTED OF THE CITY COUNCIL
Adopt a Resolution approving a Professional Services Agreement with Townsend Public Aff airs, Incorporated for the performance of federal advocacy, intergovernmental, and grant services for an initial term of five-years, subject to three 5-year extensions for an annual amount not to exceed $60,000 per year,
for a maximum total agreement amount not to exceed $1,200,000 and Authorizing the City Manager to execute future agreement extensions.

Respectfully
submitted,
Karin Schnaider
As
sistant City Manager
ahb
Attachments:

Prof
essional Services Agreement Between the City of Tracy and Townsend Public Affairs, Incorporated
Agenda Item 1.C
September 20, 2022

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City of Tracy -- Professional Services Agreement with Townsend Public Affairs, Inc.

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CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT WITH

TOWNSEND PUBLIC AFFAIRS, INCORPORATED
This Profes
sional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and Townsend Public Affairs, Incorporated, a California Corporation (Consultant). City and Consultant are referred to individually as “Party” and collectively as “Parties.” Recitals
A. City desires
to retain Consultant to perform federal advocacy, intergovernmental, and grant services to engage decision-makers on legislative and quasi-legislative actions on behalf of the City and to assist the City with its federal grant procurement program.

B. On June 3,
2022, City issued a Request for Qualifications and Proposals for Federal Advocacy, Intergovernmental, and Grant Services (Project). On June 30, 2022, before the response deadline of July 7, 2022, Consultant submitted its qualifications and proposal for the Project to the City. Following an interview on June 20, 2022, City determined that Consultant possesses the skills, experience, and certification required to provide the requested services.

C. The Parties
have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.

D. This Agreemen
t is being executed pursuant to Resolution No. ____ approved by Tracy City Council on September 20, 2022.

Now theref
ore, the Parties mutually agree as follows:

1. Scope of Work. Consul
tant shall perform the services described in Exhibit “A” attached and incorporated by reference. The services shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative: Ben Goldeen. Consultant shall not replace its Authorized Representative, nor shall Consultant replace any of the personnel listed in Exhibit “A,” nor shall Consultant use or replace any subcontractor or subconsultant, without City’s prior written consent. A failure to obtain the City’s prior written consent for any change or replacement in personnel or subcontractor/subconsultant may result in the termination of this Agreement.

2. Time of Per
formance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Any services for which times for performance are not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant.

Consultant shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.

2.1 Term. The term of this Agreement shall begin on the date of execution by the City of Tracy Mayor, and end on September 21, 2027, unless terminated in accordance with Section 6. This Agreement may be extended for three additional five-year terms by the City Manager following a written determination that Consultant has satisfactorily met all the requirements of this Agreement.

ATTACHMENT 1
City of Tracy -- Professional Services Agreement with Townsend Public Affairs, Inc.

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3. Compensation . City shall pay Consultant at the billing rates set forth in Exhibit “B,” attached and incorporated by reference for services performed under this Agreement.

3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement shall not exceed $1,200,000.00 as specified in Exhibit “B “of this Agreement. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City’s prior written approval.

3.2 Invoices. Consultant shall submit an annual invoice for the total annual payment to the City that describe the services performed, including the names of persons performing the services.

3.2.1 If Consultant is providing services in response to a development application, separate invoice(s) must be issued for each application and each invoice shall contain the City’s designated development application number.

3.2.2 Consultant’s failure to submit invoice(s) in accordance with these requirements may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.

3.3 Payment. Within 30 days after the City’s receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s) and approved by the City.

4. Indemn
ification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Consultant’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence or willful misconduct of the City.

In t
his section, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.
(The du
ty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782.8.)
The provi
sions of this section survive completion of the services or the termination of this Agreement and are not limited by the provisions of Section 5 relating to insurance.

5. Insurance
. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

5.1 Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

5.2 Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

5.3 Workers’ Compensation coverage shall be maintained as required by the State of California.

5.4 Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.

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5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”

5.5.2 For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.

5.6 Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.

5.7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

5.8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.

5.9 Substitute Certificates. Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.

5.10 Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

6. Termination. The City may terminate this Agreement by giving ten days’ written notice to Consultant. Upon termination, Consultant shall give the City all original documents, including preliminary drafts and supporting documents, prepared by Consultant for this Agreement. The City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.

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

7.1 Each Party shall designate a senior management or executive level representative to negotiate the dispute.

7.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

7.3 If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

7.4 The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person as mediator, shall be commenced within thirty (30) days and shall be concluded within fifteen (15) days from the commencement of the mediation.

7.5 The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

7.6 The dispute resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.

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8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Consultant’s services, or upon demand from the City. No such documents shall be revealed or made available by Consultant to any third party without the City’s prior written consent.

9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Consultant is not City’s employee and Consultant shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Consultant is free to work for other entities while under contract with the City.

Consultant, and its agents or employees, are not entitled to City benefits.

10. Conflicts of Interest. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant’s conflicting interest.

11. Rebates, Kickbacks, or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

To City: To Consultant:

Michael Rogers Christopher Townsend

City Manager President

City of Tracy Townsend Public Affairs, Incorporated

333 Civic Center Plaza 925 L Street, Suite 1404

Tracy, California 95376 Sacramento, California 95814

With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

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13. Miscellaneous.

13.1 S tandard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant’s services shall be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

13.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

13.3 Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

13.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s written consent. Any attempt to do so shall be void.

City’s consent to one assignment shall not be deemed to be a consent to any subsequent assignment.

13.5 Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.

13.6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.

13.6.1 Prevailing Wage Laws. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates; employment of apprentices (§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

13.6.2 Non-discrimination. Consultant represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.

Consultant shall also comply with all applicable anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).

13.7 Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended corporation. If Consultant is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.

13.8 Business License. Before the City signs this Agreement, Consultant shall obtain a City of Tracy Business License. Consultant shall maintain an active City of Tracy Business License during the term of this Agreement.

13.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13.10 Construction of Agreement. Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

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13.11 Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

13.12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto, and Consultant’s proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Consultant’s proposal (if any), the Exhibits shall control.

13.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed. This Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.

14. Signat
ures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Consultant.
[SI
GNATURES ON FOLLOWING PAGE]
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The Parties agree to the full performance of the terms set forth here.

City of Tracy
_____________________________
By:

Nancy Young
Title
: Mayor
Date:
_______________________
Attes
t:
____________________________
A
drianne Richardson, City Clerk
Approv
ed as to form:
_________________________________
Bijal M. Patel, City Attorney
Townsend Public Affairs, Incorporated,
a California Corporation
By: C
hristopher Townsend
Title
: President
Date:
9/6/2022
Federal
Employer Tax ID No. 91-1929265
By: C
hristopher Townsend __________
Titl
e: Secretary
Date:
9/6/2022
Exh
ibits:

A Scope of Work, including personnel and time of performance (See Agreement sections 1 and 2)
B Compensation (See Agreement section 3)
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EXHIBIT A - Scope of Work
Pers
onnel assigned to City and areas of responsibility:
• Alex
Gibbs, Grants Manager, Grant Writing and Management
• Christine Rose, Senior Associate, Grant Writing
• Anastasia Heaton, Associate, Grant Writing
• Christopher Townsend, President, Strategic Support, Leveraging Relationships • Ben Goldeen, Federal Advocacy Manager, Managing Federal Advocacy Activities • Sammi Maciel, Associate, Supporting Federal Advocacy Activities FEDER

AL LEGISLATIVE ADVOCACY SCOPE OF SERVICES
Obje
ctive: Maximize the City’s legislative and funding advocacy successes and elevate the City’s presence in Washington, D.C.

A. Conduct
Detailed Orientation: Conduct onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.

B. Develop
Legislative Strategy: Utilizing the information gathered during the onboarding process, Consultant shall coordinate with the City to develop an official legislative platform and strategy that represents the City’s priorities in Washington, DC. This blueprint shall be shared with key stakeholders in the Congress and the Executive Administration, elected members of the U.S.

Congress, policymakers, legislative support staff, other Advocates, the Governor and staff, other municipal leaders and associations, Council of Governments, community groups or any other designated entity engaging in efforts that may impact the operations or success of the City of Tracy.

C. Imp
lement the Legislative Strategy: Consultant shall advocate for the City’s legislative agenda utilizing the following methods:

1. Buil
d and Strengthen Relevant Relationships: Consultant has cultivated a network of valuable relationships that shall be leveraged to promote the City’s legislative agenda.

2. Leverage Relationships for Strategic Advocacy Plan: Consultant shall engage various techniques to leverage their network of key relationships on behalf of the City:
i. Schedule meetings for the City to discuss relevant legislation. ii. Prepare all briefing materials and talking points for the City. iii. Brief legislative offices and stakeholders on the City’s legislative agenda. iv. Follow-up on meetings to ensure commitments and deliverables are being met.

3. Coordinate Advocacy Trips: Consultant shall work with the City to coordinate advocacy trips to Washington, D.C on behalf of the City as often as requested to meet with the City’s City of Tracy -- Professional Services Agreement with Townsend Public Affairs, Inc.

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legislative delegation, as well as legislators that serve on committees relevant to the City’s agenda. Furthermore, whenever possible:
i. Consultant shall also schedule site visits by legislators to the City. ii. Consultant shall construct and execute an itinerary that includes meetings with Members of Congress, staff from the President’s Administration, and relevant federal funding and regulatory agencies.
iii. Consultant shall guide the City’s representatives throughout these trips and ensure that the meetings continue swiftly.
iv. Consultant shall work closely with the City’s delegation to prepare briefing documents and deliverables to share with the targeted offices, identified through Consultant staff recommendations with input from City staff. Delegation members shall be provided with detailed itineraries and talking points and have at least one member of the Consultant team coordinating all meetings to ensure that the delegation is able to stay on time and travel from each meeting in an efficient manner.
v. Consultant shall ensure that the delegation is provided with detailed notes after the trip, summarize the visit and provide guidance on next steps. vi. After the advocacy trip, Consultant shall draft thank you letters with pertinent follow up action items from every meeting to keep the momentum alive with federal offices, drive next steps, and ensure deliverables are met.
vii. Whenever possible, Consultant shall schedule site visits by legislators to the City, and any additional in state meetings that may arise from a federal office’s recommendations.

4. Track Relevant Legislation, Regulatory Changes, and Studies: Consultant shall identify, analyze, and monitor all bill introductions, amendments, rollover bills, vetoes, and key studies relevant to the City’s legislative platform and assess their potential impact on the City.

5. Track Appropriations Process: Consultant shall identify, analyze, and monitor the Federal Appropriations Process for funding programs and various opportunities that could have an impact on the City’s budget.

6. Craft Testimony and Position Letters: Consultant shall prepare and submit written and verbal testimony regarding legislation relevant to the City. Consultant shall also draft and deliver position letters to legislators and key officials on specific bill language.

7. Communications Strategy: Consultant shall provide strategic advice on effective communication tools (letters, calls, office visits, etc.) and support the City’s recognition as a fiscally responsible, contemporary city. Consultant shall draft, review, and advise on all federal communications and documents.

8. Attend and Report on Meetings: Consultant shall monitor and attend meetings of the relevant federal agencies and congressional legislative committees. As necessary, Consultant shall provide written and verbal updates on pertinent information discussed during the meetings.

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9. Draft Bill Language: Consultant shall draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.

10. Federal
Earmark Opportunities: In an effort to maximize federal funding, Consultant shall work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. Consultant shall coordinate with the City to develop supporting materials for the earmark request. Consultant shall also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.

D. Provi
de Progress Reports: Consultant shall confer regularly with the City on Consultant’s activities. Consultant shall provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, Consultant shall be available to the City for conference calls, in-person briefings, and meetings.

E. Prepare and File Lobbying Disclosure Reports: Consultant shall prepare and file, on behalf of the City, all applicable federal lobbying disclosure reports.

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GRANT FUNDING SCOPE OF SERVICES
Consul
tant shall utilize the following strategic and comprehensive approach to provide grant funding services to the City:

A. Conduct
Detailed Orientation: Consultant shall conduct a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.

B. Craf
t Strategic Funding Plan: Utilizing the information gathered during the onboarding process, Consultant shall coordinate with the City to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan shall do more than simply identify City projects; it shall outline and prioritize multiple funding options for each project and develop a specific plan of work tailored for each project. It shall also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity.

C. Identi
fy, Research, and Monitor Grant Funding Opportunities: Consultant shall utilize list- serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’s projects. Consultant shall then share these opportunities with the City for further assessment and determination if a grant application is warranted. The City shall also receive a grant matrix of funding programs that is updated regularly as new opportunities arise.

D. Gran
t Application Development and Submittal: Consultant shall develop, draft, submit, and follow up on each City grant application through the following process:

1. Establ
ishment of Clear Accountabilities: Consultant shall coordinate with the City to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided, and the City is burdened as little as possible while Consultant pursues a grant opportunity.

2. Provi
de Overview of Full Application Requirements: For each grant application, Consultant shall provide the City with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the City’s project. This shall include:
i. Appli
cation timeline
ii. Eligible project types
iii. Funding availability and award maximum and minimums iv. List of application components, including proposal questions and any required attachments

3. Assemble Project Background and Details: Consultant shall conduct a detailed informational interview with City staff most involved with each project to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions.

4. Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and cost-benefit City of Tracy -- Professional Services Agreement with Townsend Public Affairs, Inc.

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analyses, Consultant shall coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the application.

5. Draft Written Proposal: Consultant shall fully draft all narrative components of the application and, when applicable, shall indicate where additional input or project detail from the City could be provided during the proposal review process.

6. Advise on and Coordinate Strategic Support for Applications: As necessary, Consultant shall determine if letters of support are required or advantageous and shall work to secure letters. Additionally, Consultant shall write, gather, and compile all other required certifications and documents for successful application submittal.

7. Incorporate Feedback to Finalize Proposal: Well ahead the of the application deadline, Consultant shall provide the City with a full draft for review and feedback.

Consultant shall incorporate any additional details or revisions provided during this process to finalize the grant application and shall obtain City approval for the final version of the application prior to submission.

8. Submit Completed Application: Consultant shall ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, Consultant shall print and package applications according to submission instructions and shall ship applications through a reliable carrier service such as FedEx in order to provide the City with tracking and delivery confirmation for the application. Consultant shall also obtain a receipt for proof of submission and provide the City with a final copy of all submitted application documents.

9. Funding Advocacy: Throughout grant application process Consultant shall leverage relationships with relevant officials and program officers in various federal funding agencies to ensure that City grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and well-positioned for funding.

E. Post-Grant Submittal Advocacy: Consultant shall frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This shall include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, Consultant shall work with legislators to reach out to individual granting agencies to provide background on City’s projects and convey their support for those projects.

F. Post-Aw
ard Grant Administration and Compliance: Consultant shall also assist, as needed, with post-award administration and compliance for all grant applications submitted by Consultant on behalf of the City. This assistance shall include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports, evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.

G. Comprehensi
ve Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In the instances where grant applications are unsuccessful, Consultant shall work with the relevant federal funding agencies to set up in- person or telephone debriefing sessions to discuss the grant applications and how to best revise City of Tracy -- Professional Services Agreement with Townsend Public Affairs, Inc.

Page 13 of 14 ends

the grant applications for the next funding round to ensure success.

H. Provide Monthly Progress Reports: Consultant shall confer regularly with the City on activities. Consultant shall provide timely electronic monthly reports on the status of all funding activity, such current funding opportunities, current applications, submitted applications, and post-grant submittal advocacy. In addition to written reports, Consultant shall be available to the City for conference calls, in-person briefings, and meetings.

City of Tracy -- Professional Services Agreement with Townsend Public Affairs, Inc.

Page 14 of 14 ends

EXHIBIT B – Compensation

APPROVED AS TO FORM AND LEGALITY
________________________

CITY AT
TORNEY’S OFFICE

TRACY CITY

COUNCIL

RESOLUT
ION NO. _______________

RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT

WITH TOWNSEND PUBLIC AFFAIRS, INCORPORATED, FOR THE

PERFORMANCE OF FEDERAL ADVOCACY, INTERGOVERNMENTAL, AND

GRANT SERVICES FOR AN INITIAL TERM OF FIVE -YEARS, SUBJECT TO THREE 5-YEAR EXTENSIONS, FOR AN ANNUAL AMOUNT NOT TO EXCEED $60,000 PER YEAR, A MAXIMUM TOTAL AGREEMENT AMOUNT NOT TO EXCEED $1,200,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE

FUTURE AGREEMENT EXTENSIONS
WHEREAS, To further enhance the City’s presence with federal agencies and legislators to effect
legislation that will either positively or negatively impact the City’s objectives; and to enhance the City’s opportunities to position itself in an ever-increasing competitive environment of federal
funding and grants, a Request for Qualifications and Proposals was issued to provide federal advocacy services and federal grant procurement services; and WHEREAS, On June 3, 2022, notices for services were advertised in multiple locations including the Tracy Press and the City’s Website. The original deadline for responses was June 30, 2022
but was extended on June 30 th to July 7, 2022 by an amendment to the solicitation notice; and
WHEREAS, The City of Tracy received twelve inquiries to its solicitation notice and qualifications and proposals were received by six firms: Townsend Public Affairs, Incorporated C.J.

Lake,
Limited Liability Company, The Ferguson Group, Tai Ginsberg & Associates, Limited Liability Company, Foley & Lardner, Limited Liability Company, and Rojas Communications Group; and WHEREAS, Following evaluations by Assistant City Managers Karin Schnaider and Midori Lichtwardt, Development
Services Department Director Kris Balaji, and Finance Department Management Analyst
II, Anne Bell, three firms stood out as having provided superior qualifications and proposals (Townsend Public Affairs, Incorporated, C.J. Lake, Limited Liability Company, and The Ferguson Group) and were invited to partake in interviews with the evaluation panel which took place on July 20, 2022; and
WHEREAS, Townsend
Public Affairs, Incorporated was considered to be the firm that could best successfully represent the City’s interests and objectives based on the evaluation criteria; and
now, therefore, be it
RESOLVED: That the City Council of the City of Tracy hereby approves a Professional Services Agreement between the City of Tracy and Townsend Public Affairs, Incorporated, a California Corporation to provide federal advocacy, intergovernmental, and grant services per Exh
ibit “A” of the attachment to this resolution for an initial five-year term in the amount listed in Exhibit “B” of the attachment; and be it
FURTHER RESOLVED: That the City Council of the City of Tracy authorizes the City of Tracy City Manager
to execute future extensions of the Agreement for three additional five-year extensions per the terms of the Agreement and per the amount listed in Exhibit “B” of the Agreement.
* * * * * * * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on September 20, 2022, by the following vote:

AYES: COUNCIL MEMBER
S:

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
Attachm
ent: Professional Services Agreement Between the City of Tracy and Townsend Public Affairs, Incorporated
Resolution 2022-

Page 2 ends

September 20, 2022
Agenda Item 1.D

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution authorizing the purchase of vehicles and equipment in the amount of $1,606,536.

EXECUTIVE SUMMARY
A current need exists to replace antiquated vehicles and equipment for the operation and maintenance of City infrastructure. This request seeks authorization to make the necessary purchases pursuant to an existing cooperative purchasing agreement.

BACKGROUND AND LEGISLATIVE HISTORY
Sourcewell (formerly National Joint Powers Alliance (NJPA) is a municipal contracting gov
ernment agency that serves education and government agencies nationally through competitively bid and awarded contract purchasing solutions. The City of Tracy is an established customer with Sourcewell (customer number 18531). The City is authorized to make purchases using the Sourcewell cooperative purchasing a greements, per Tracy Municipal Code section 2.20. 220.

ANALYSIS
The Operations Department is responsible for managing most of the City’s vehicle and equipment fleet. Various divisions of the Operations Department and Development Services Departments have an existing need to replace antiquated equipment. The Operations Fleet Division received authorization through the Fiscal Year 2022-2023 budget process for the replacement and purchase of the antiquated equipment. Staff requested bids from Sourcewell (formerly National Joint Powers Alliance NJPA).

Below is a list of the vehicles and equipment that will be purchased and the vendors that will be used.

Description Vendor Cost Reason for award
Vac-Con VE311HE/1300
Sewer and Drain Cleaner
Municipal
Maintenance
Equipment $582,291
Sourcewell (NJPA)
101221-VAC
John Deere 310SL Backhoe
Loader PAPE Machinery $153,941
Sourcewell (NJPA)
032119-JDC
John Deere 310SL Backhoe
Loader PAPE Machinery $153,941
Sourcewell (NJPA)
032119-JDC
MV607 5 Yard Dump Peterson Trucks $177,312
Sourcewell (NJPA)
060920-NVS
Wirtgen W60Ri Asphalt
Grinder
Nixon -Egli
Equipment $331,424
Sourcewell (NJPA)
032119-JDC-1
HV607 10 Yard Dump Peterson Trucks $207,627
Sourcewell (NJPA)
060920-NVS
Total $1,606,536

Agenda Item 1.D
September 20, 2022

Page 2 ends

The total purchase amount per vendor for the items are as follows:

Municipal Maintenance Equipment – Sacramento, CA $ 582,291 PAPE Machinery– Stockton, CA $ 307,882
Peterson Trucks- San Leandro, CA $ 384,939
Nixon-Egli -Tracy, CA $ 331,424
Total: $1,606,536

FISCAL IMPACT
Funding was budgeted and is available in the fiscal year 2022-2023 equipment replacement budget for the acquisition of this equipment.

STRATEGIC PLAN
This agenda item supports the City’s Governance Strategic Priority:

Governance Strategy
Goal 2: Ensure short and long-term fiscal health
Objective 7: Initiate Cost Allocation Study; create replacement schedules for Vehicles and Equipment; building maintenance; Information Technology

ACTION REQUESTED OF THE CITY COUNCIL
That City Council, by resolution, authorize the purchase of vehicles and equipment in the amount of $1,606,536.

Respectfully submitted,
James Thompson
Fleet Supervisor

APPROVED AS TO FORM AND LEGALITY
________________________

CITY ATTO
RNEY’S OFFICE

TRACY CITY

COUNCIL
RESOLU
TION NO. _______________

AUTHORIZING THE PURCHASE OF VEHICLES AND EQUIPMENT IN THE AMOUNT OF $1,606,536
WHEREAS, as part of the equipment purchasing and replacement program for the City of Tracy, there are multiple vehicles and equipment needing replacement which are funded in the Fiscal Year 2022-2023 budget; and
WHEREAS, in August 2022, the City requested bids for the vehicles and equipment from Sourcewell (formerly National Joint Powers Alliance (NJPA) pursuant to an existing cooperative purchasing agreement, and to ensure that the best price is received for each unit; and
WHEREAS, multiple vendors will be used for the purchas e of the replacement vehicles and equipment, which includes Municipal Maintenance Equipment, Nixon-Egli Equipment, PAPE Machinery, and Peterson Trucks; and
WHEREAS, the City is authorized to make purchases under the current cooperative purchasing agreements under Tracy Municipal Code Section 2.20.220; now, therefore be it RESOLVED: That the City Council of the City of Tracy hereby authorizes the purchase of vehicles and equipment in the amount of $1,606,536.
* * * * * * * * * * * * * *
The foregoing Resolution ________ was adopted by the Tracy City Counc il on the 20th day of September 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
September 20, 2022
AGENDA ITEM 3.A

REQUEST

STAFF RECOMMENDS

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

TRACY MUNICIPAL CODE TO UPDATE SPEED LIMITS AS REQUIRED BY THE

CALIFORNIA VEHICLE CODE

EXECUTIVE SUMMARY
The proposed ordinance will am
end Section 3.08.580, Article 12 of the Tracy Municipal Code to establish speed limits on street segments in accordance with the requirements of the California Vehicle Code (CVC).

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

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

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

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

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

Agenda Item 3.A
September 20, 2022

Page 2 ends

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

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

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

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

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

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

Agenda Item 3.A
September 20, 2022

Page 3 ends

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

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

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

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

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

Agenda Item 3.A
September 20, 2022

Page 4 ends

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

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

RECOMMENDAT
ION
Staff recommends
that the City Council introduce an ordinance amending Section

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

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

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

PREVIOUSLY

ESTABLISHED

SPEED LIMIT
85TH

PERCENTILE
SPEED

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

ATTACHMENT A
LEGEND

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

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

ATTACHMENT B
AP

VALPICO ROAD

LINNE ROAD
SHEET
1 OF 1 SHEET

CITY OF TRACY
,..,..,., ,_ caawumaN ....:I' 10 'H DID..,.._
Cffl'tll'IIIC'f ____ ..,..�,..
_. MD/tit c:aaamt 1HIII' !Mr K flMIDlf ON 1MElt PIML
---

ATTACHMENT B
Attachment C

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

TRACY CIT

Y COUNCIL

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

MUNICIPAL CODE TO UPDATE SPEED LIMITS AS REQUIRED BY THE CALIFORNIA

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

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

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

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

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

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

SECTION 5. Constitutionality.

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

Ordinance ______

Page 2 ends

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

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

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

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

SECTI
ON 10. Codification. This Ordinance shall be codified in the Tracy Municipal Code.
* * *
* * * * * * * * * *
The foregoing Ordinance ________ was introduced at a regular meeting of the Tracy City Council on the 20th day of September 2022, and finally adopted on the 4th day of October 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D.

YOUNG
Mayor of the City of Tracy, California
ATTEST:

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

Ordinance _____

Page 3 ends

NOTI

CE AND DIGEST

ORDINAN
CE AMENDING SECTION 3.08.580 REGARDING SPECIAL SPEED

ZONES OF THE TRACY MUNICIPAL CODE TO UPDATE SPEED LIMITS AS

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

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

Ordinance ____

Page 4 ends

Attachment D

3.08.580 Special speed zone Table
Na
me of Street or Portion Affected Declared Prima Facie Speed Limit (Miles per Hour)
- Arbor Road
Holly Drive to MacArthur Drive 40
- Balboa Drive
Portola Way to Clover Road 25
Portola Way to Kavanagh Avenue 25
- Barcelona Drive
Cypress Drive to Schulte Road 25
- Beechnut Avenue
Sequoia Boulevard to Tracy Boulevard 30
- Beverly Place
Lincoln Boulevard to Tracy Boulevard 25
- Brichetto Road
Chrisman Road to east City limits 50
- Brookview Drive
Regis Drive to Reids Way 30
Reids Way to Glenbrook Drive 25
- Buthmann Avenue
Grant Line Road to Kavanagh Avenue 25
Kavanagh Avenue to Clover Road 25
- Byron Road
Corral Hollow Road to Lammers Road 45
- Central Avenue
Sycamore Parkway to Tracy Boulevard 35
Tracy Boulevard to Schulte Road 30
Schulte Road to Mount Diablo Avenue 30
Mount Diablo Avenue to Fourth Street 25
Fourth Street to Eleventh Street 25
Mount Diablo Avenue to Eleventh Street 25
- Chester Drive
Eaton Avenue to Lowell Avenue 25
- Chrisman Road
Valpico Road to north City limits 50
Grant Line Road to Paradise Avenue 40
Paradise Avenue to RR Tracks (south of Paradise Ave) 40 - Clover Road
West City Limits to Holly Drive 25
West City limits to Tracy Boulevard 25
Tracy Boulevard to Holly Drive 25
- Corral Hollow Road
Parkside Drive to Schulte Road 40
Eleventh Street to Lowell Avenue 40
Lowell Avenue to Grant Line Road 40
North City limits to Grant Line Road 35
Parkside Drive to Valpico Road (City limits) 40
Schulte Rd to Eleventh St 45
Valpico Road to Linne Road (City limits) 45
I-580 to south City Limits 55
1100’ south of Linne Road to I-580 50
- Crossroads Drive
Eleventh Street to Gaines Lane 25
Greystone Drive to Eleventh Street 30
- Cypress Drive
Corral Hollow Road to Summer Lane 30
Hickory Avenue to Corral Hollow Road 25
- Dominique Drive
Eastlake Circle to Elissagary Drive 30
- Dove Drive/Way
Sycamore Parkway to Starflower Drive 25
- East Lake Circle
Crater Place to Lakeview Drive (East side) 25
Crater Place to Lakeview Drive (West side) 25
- East Street
Grant Line Road to Eleventh Street 30
Eleventh Street to Sixth Street 25
- Eaton Avenue
Richard Drive to East Street 25
Richard Drive to Tracy Boulevard 25
Tracy Boulevard to East Street 25
- Eleventh Street
East Street to Beginning of Bridge 35
Beginning of Bridge to East City Limits 45
Corral Hollow Road to Lincoln Boulevard 35
Lammers Road to Corral Hollow Road 45
Lincoln Boulevard to Tracy Boulevard 30
Tracy Boulevard to East Street 30
West City limits to Lammers Road 55
- Entrada Way
Grant Line Road to Portola Way 25
- Fabian Road
Lammers Road to Mamie Anderson Lane 35
- Fourth Street
Tracy Boulevard to Central Avenue 35
- Glenbriar Drive
Valpico Road to Glenbriar Circle 30
- Glenbrook Drive
Brookview Drive to MacArthur Drive 25
- Grant Line Road
Corral Hollow Road to Tracy Boulevard 40
MacArthur Drive to Skylark Avenue 45
Skylark Avenue to Chrisman Road 45
Chrisman Road to east City Limits 45
Tracy Boulevard to MacArthur Drive 40
West City limits/Byron Road to I-205 40
I-205 to Corral Hollow Road 40
- Hansen Road
Schulte Road to I-205 (City Limits) 50
- Henley Parkway
Bridle Creek Drive to Lowell Avenue 35
- Holly Drive
Clover Road to the north City limits 35
Grant Line Road to Clover Road 30
Eleventh Street to Grant Line Road 25
- International Parkway
Berkeley Road to Schulte Road 45
I-205 (City Limits) to Berkeley Road 45
- Jackson Avenue
Crossroads Drive to Jefferson Parkway 25
- Jefferson Parkway
Eleventh Street to Jackson Avenue 30
- Joe Pombo Parkway
Lowell Avenue to Bridle Creek Drive 35
Bridle Creek Drive to Grant Line Road 35
- Kavanagh Avenue
Corral Hollow Road to Tracy Boulevard 25
Tracy Boulevard to Balboa Drive 25
- Lammers Road
Eleventh Street to Byron Road 40
Eleventh Street to City limits south of Jaguar Run 45
Redbridge Drive to Schulte Road (City
limits) 45
- Lankershire Drive
Montgomery Lane to Byron Road 25
- Larch Road
Tracy Boulevard to Holly Drive 35
- Lauriana Lane
Schulte Road to Cypress Avenue 30
- Lincoln Boulevard
Eleventh Street to Grant Line Road 30
- Linne Road
West City limits to East City limits 50
- Lowell Avenue
Blandford Lane to Orchard Parkway 30
Orchard Parkway to Corral Hollow Road 30
Corral Hollow Road to Lincoln Boulevard 30
Lincoln Boulevard to Tracy Boulevard 30
Tracy Boulevard to East Street 25
- MacArthur Drive
Eleventh Street to I-205 Interchange 40
Fair Oaks Drive to Valpico Road 45
Schulte Road to SPRR Tracks 40
South City limits to Fair Oaks Drive 40
SPRR Tracks to Eleventh Street 35
Valpico to Schulte Road 40
I-205 Interchange to north City limits 40
- Middlefield Drive
Corral Hollow Road to Whispering Wind Drive 35
Whispering Wind Drive to Peony Drive 25
- Mt. Diablo Avenue
Tracy Boulevard to Central Avenue 25
Central Avenue to MacArthur Drive 25
- Naglee Road
Grant Line Road to north City limits 35
- Orchard Parkway
Lowell Avenue to Grant Line Road 35
- Paradise Avenue
Grant Line Road to north City limits 45
- Paradise Road
Grant Line Road to Chrisman Road 40
- Parker Avenue
Eleventh Street to Grant Line Road 25
- Parkside Drive
Winter Lane to Corral Hollow Road 30
- Pescadero Avenue
MacArthur Drive to 2,500' east of MacArthur Drive 35 2,500' east of MacArthur Drive to east City limits 45 - Portola Way
Balboa Drive to Entrada Way 25
Holly Drive to Entrada Way 25
- Presidio Place
Jackson Avenue to Compton Place 25
- Richard Drive
Lincoln Boulevard to Eaton Avenue 25
- Schulte Road
Barcelona Drive to Mabel Josephine Drive 40
Corral Hollow Road to Barcelona Drive 35
Corral Hollow Road to Tracy Boulevard 40
International Parkway to Hansen Road 45
Hansen Road to east City limit 50
Tracy Boulevard to MacArthur Drive 40
- Sequoia Boulevard
Alden Glen Drive to Beechnut Avenue 30
- Sixth Street
Tracy Boulevard to Central Avenue 30
Central Avenue to MacArthur Drive 30
- Starflower Drive
Corral Hollow Road to Dove Drive/Way 25
- Summer Lane
Eleventh Street to Brittany Place 25
- Sycamore Parkway
Tracy Boulevard to Valpico Road 30
Valpico Road to Schulte Road 35
- Tennis Lane
Corral Hollow Road to Jill Drive 25
Tracy Boulevard to Corral Hollow Road 25
- Tenth Street
Civic Center Drive to MacArthur Drive 25
Tracy Boulevard to East Street 25
Tracy Boulevard to MacArthur Drive 25
- Third Street
Central Avenue to Mt. Diablo Avenue 25
- Tracy Boulevard
Grant Line Road to Larch Road 35
Larch Road to the north City limits 40
Linne Road to Valpico Road 45
Lowell Avenue to Grant Line Road 35
Schulte Road to Sixth Street 40
Sixth Street to Lowell Avenue 35
South City limits to Linne Road 45
Valpico to Schulte Road 45
- Valpico Road
Fairoaks Drive to east City limits 45
MacArthur Drive to Fairoaks Drive 40
Tracy Boulevard to MacArthur Drive 40
West City limits to Tracy Boulevard 40
-Western Pacific Way
West City Limits to Corral Hollow Road 50
- Whispering Wind Drive
St. Regis Drive to Tracy Boulevard 30
Tracy Boulevard to Middlefield Drive 30
The
declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except on the basis of an engineering and traffic survey. The provisions of this section shall not apply in respect to the twenty-five (25) mile per hour prima facie speed limit which is applicable when passing a school building or the grounds thereof City of Tracy
Engineering & Traffic Survey
Report
December 2021
Engi
neering Division
Development Services Department
Attachment E
1 I. Index

Sr.No Item Description Page

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

2 December
2021

Engineering & Traffic Survey Report

II. INTRODUCTION

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

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

Segments of the following City streets were investigated:

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

3 III. STUDY PROCEDURES

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

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

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

Radar Check

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

Data Analysis

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

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

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

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

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

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

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

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

Collision Review

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

Field Check

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

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

5 IV. TRAFFIC AND ENGINEERING STUDIES

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

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

• Balboa Drive

Portola Way t o Clover Road

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

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

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

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

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

7 • Beechnut Avenue

Sequoia Boulev ard to Tracy Boulevard

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

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

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

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

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

8 • Beverly Place

Lincoln Boulevard to Tracy Boulevard

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

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

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

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

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

Eaton Avenue to Low ell Avenue

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

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

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

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

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

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

10 • Clover Road

West City Limits to Tr acy Boulevard

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

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

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

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

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

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

Tracy Boulevard to Holly
Drive

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

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

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

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

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

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

11 • Corral Hollow Road

North City Limits to G rant Line Road

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

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

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

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

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

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

12 • Cypress Drive

Corral Hollow Road to S ummer Lane

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

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

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

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

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

13 • Eaton Avenue

Richard Drive t o Tracy Boulevard

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

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

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

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

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

Tracy Boulevard to Eas
t Street

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

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

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

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

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

Bridle Creek Drive to L
owell Avenue

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

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

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

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

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

15 • Lankershire Drive

Montgomery Lane to B yron Road

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

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

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

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

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

16 • Lowell Avenue

Tracy Boulevard to Ea st Street

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

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

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

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

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

Lincoln Boulevard t
o Tracy Boulevard

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

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

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

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

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

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

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

The recommended speed limit for this section therefore is 30 mph. 17 • Middlefield Drive
Corral Hollow Road to Whispering Wind Drive
This segm
ent of Middlefield Drive is a two-lane Eastbound and Westbound major collector roadway . The segment is approximately 0. 33 miles in length and 48 feet in width. T here are bike lanes along the segment . The previously established speed limit in this section is 35 mph.

There wer
e 7 reported collisions on this roadway from January 2019 to December 2021.
10 mph pace s
peed 31 mph. - 40 mph.
85th percentile speed 40 mph.
50th percentile speed 36 mph.

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

The recomm
ended speed limit for this section therefore is 35 mph.

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

There wer
e 4 reported coll isions on this roadway from January 2019 to December 2021.
10 mph pace
speed 22 mph. - 31 mph.
85th percentile speed 31 mph.
50th percentile speed 26 mph.

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

The recom
mended speed limit for this section therefore is 25 mph. 18 • Portola Way

Holly Drive to En trada Way

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

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

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

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

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

The recommended speed limit for this section therefore is 25 mph. 19 • Richard Drive
Lincoln Boulevard to Eaton Avenue
This
segment of Richard Drive is a two -lane Eastbound and Westbound residential collector. The segment is approximately 0. 14 miles in length and 36 feet in width. There are driveways and on street parking along the segment. The previously established speed limit in this section is 25 mph.

There was 1
reported collision on this roadway from January 2019 to December 2021.
10 mph pace
speed 18 mph. - 30 mph.
85th percentile speed 26 mph.
50th percentile speed 22 mph.

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

The recom
mended speed limit for this section therefore is 25 mph. 20 • Tenth Street
Civic Center Drive to MacArthur Drive
This segm
ent of Tenth Street is a two-lane Eastbound and Westbound collector roadway. The segment is approximately 0.15 miles in length and 40 feet in width.

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

There wer
e 2 reported collisions on this roadway from January 2019 to December 2021.
10 mph pace
speed 19 mph. - 28 mph.
85th percentile speed 28 mph.
50th percentile speed 24 mph.

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

The recom
mended speed limit for this section therefore is 25 mph.

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

There wer
e 28 reported collisions on this roadway from January 2019 to December 2021.
10 mph pac
e speed 22 mph. - 31 mph.
85th percentile speed 31 mph.
50th percentile speed 27 mph.

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

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

The recom
mended speed limit for this section therefore is 25 mph. 21 • Third Street
Central Avenue to Mt. Diablo Avenue
This
segment of Third Street is a two -lane Northbound and Southbound residential collector. The segment is approximately 0.45 miles in length and 3 6 feet in width. There are residential driveways, on street parking, and driveways on the roadway. The previously established speed limit in this section is 25 mph.

There wer e 4
reported collisions on this roadway from January 2019 to December 2021.
10 mph pace
speed 25 mph. - 34 mph.
85th percentile speed 32 mph.
50th percentile speed 30 mph.

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

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

GRAPH OF CUMULATIVE PERCENTAGE OF VEHICLES VS SPEED

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

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

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

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

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

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

VEHICLE SPEED SURVEY REPORT
Location:

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

Recommended speed limit = 25 MPH

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

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

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

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

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

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

September 20, 2022
AGENDA ITEM 3.B

RECOMMENDATI
ON

STAFF RECO

MMENDS THAT THE CITY COUNCIL ADOPT THE FOLLOWING

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

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

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

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

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

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

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

Agenda Item 3.B
September 20, 2022

Page 2 ends

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

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

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

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

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

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

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

As noted above,
on August 16, 2022, the City Council introduced two Ordinances to rescind, respectively, Ordinance 1253 and the 2018 Second Amendment to the Development Agreement. The adoption of these two Ordinances is on the consent calendar for this same September 6, 2022 Council meeting. The City remains obligated to take additional actions to further comply with the Judgment and Writ, including rescinding and unwinding actions previously taken to implement the invalidated Second Agenda Item 3.B
September 20, 2022

Page 3 ends

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

City staff now recommends that the City Council adopt the recommended Resolutions.

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

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

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

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

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

The City mus
t also take necessary recession actions, including the rescission actions now proposed, in particular to rescind the City’s approval of the Conceptual Plan for Surland to design and construct the Swim Center, and the two fee deferral agreements.

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

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

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

PUBLIC OUT

REACH/ INTEREST
Not applicable,
as this is a court proceeding.

Agenda Item 3.B
September 20, 2022

Page 4 ends

COORDINATION
Multiple depart
ments of the City are working together to identify the requisite actions that need to be taken to fully unwind the 2018 Second Amendment to Development Agreement.

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

STRATEGIC
PLAN
Not applicable, as this is a court proceeding.

ACTION REQUE

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

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

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

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

Respectfully
submitted,
Bijal M.

Patel
City Attorney

APPROVED AS TO FORM AND LEGALITY
________________________

CITY AT
TORNEY’S OFFICE

TRACY CIT

Y COUNCIL

RESOLUTI
ON NO. 2022-___

RESOLUT
ION RESCINDING RESOLUTION NO. 2020-154 APPROVING FINAL

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

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

Page 2 ends

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

IT IS SO ORDERED, DECREED AND ADJUDGED that:

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

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

Page 3 ends

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

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

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

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

6. Injunctive relief is granted consistent with this ruling.

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

YOU ARE HEREBY COMMANDED to comply with the following:

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

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

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

Page 4 ends

complied with the directives of this Court.
and

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

Page 5 ends

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

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

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

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

AYES: COUNCI
L MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D.

YOUNG
Mayor of the City of Tracy, California
ATTEST:

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

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

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

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

Page 2 ends

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

IT IS SO ORDERED, DECREED AND ADJUDGED that:

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

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

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

Resolution ________

Page 3 ends

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

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

6. Injunctive relief is granted consistent with this ruling.

YOU ARE HEREBY COMMANDED to comply with the following:

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

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

Page 4 ends

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

Page 5 ends

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

AYES: COUNCIL M
EMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

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

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

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

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

Page 2 ends

IT IS SO ORDERED, DECREED AND ADJUDGED that:

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

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

Resolution ________

Page 3 ends

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

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

6. Injunctive relief is granted consistent with this ruling.

YOU ARE HEREBY COMMANDED to comply with the following:

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

Page 4 ends

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

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

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

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

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

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

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

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

Page 5 ends

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

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

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

AYES: COUNCI
L MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D.

YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
September 20, 2022
AGENDA ITEM 3.C

REQUEST

ADOPT A RESOLUTION APPROVING THE PROPERTY TRANSFER OPTION

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

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

EXECUTIVE SUMMARY
With this item, staff recommends that the City Council adopt a resolution approving an option agreement to transfer real property located at 15580 and 15178 West Schulte Road (APNs 209-230-029 and 209-230-030), formerly known as the “Old Antenna Farm” (Property). This item is an effectuation of the intent expressed by the City Council on Septembe
r 15, 2020, through Resolution 2020-168, in which the City Council approved a term sheet for an option contract to convey the Property to the Tri-Valley – San Joaquin Valley Regional Rail Authority (Authority). The Authority desires to use the Property for an Operations and Maintenance Facility (O&M Facility) for the Authority’s future 42- mile, 7-station passenger rail project known as “Valley Link” that will provide transit connectivity in the Tri-Val ley between the San Francisco Bay Area Rapid Transit District's system and the Altamont Corridor Express commuter (Project).

Concurrent with this item, the Council will be taking an action to declare the Property exempt
surplus land pursuant to the California Surplus Land Act. Such a declaration is based on the Cit
y’s determination that the Property is no longer needed for any City public purpose, except for the siting of a City antennae facility. This facility will either remain in place if the Property is conveyed to the Authority for the Project or be relocated by the Authority to a new location, at its cost. The option agreement will provide the Authority ten (10) years to exercise its option to purchase and close escrow on the Property.

If the Authority uses less than the full portion of the Property for either the O & M Facility or a grant match, then such portion of the Property will revert back to the City. If the Authority fails to consummate the transaction within ten (10) years or fails to complete the O & M Facility within ten (10) years after closing, then the entire Property will revert
back to the City.

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

The Project
Feasibility Report prepared by the Authority identified a need for an Operations and Maintenance Facility (O&M Facility) to serve Valley Link trains, tracks, and associated equipment. The O&M Facility is projected to create about 400 jobs. In September 2020, the Authority approached the City about two City-owned parcels totaling approximately 200 acres (APNs 209-230- 029 and 209-230-030), commonly referred to as the “Old Antenna Farm” as a potential site for the O&M Facility. The Authority is seeking federal funding and must demonstrate local match, which the City’s Property will satisfy.

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

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

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

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

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

Agenda Item 3.C
September 20, 2022

Page 2 ends

Tracy City CouncilSeptember 20, 2022

Tracy City Council
September 20, 2022