Tracy City Council
October 18, 2022

Date Posted: October 13, 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.

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

As always, 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 you 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.

Remote Public Comment:

During 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: 2551 717 3543 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 25517173543#8722922# Press *3 to raise the hand icon to speak on an item.

• Protocols 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, October 18, 2022, 7:00 P.M.

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

TRACY CITY COUNCIL AGENDA 2 October 18, 2022

o Comments 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 October 18, 2022

CALL TO ORDER

PLEDGE OF ALLEGIANCE

INVOCATION

ROLL CALL

PRESENTATIONS

1. Certificate of Appointment – Transportation Advisory Commission

2. Proclamation – Breast Cancer Awareness Month

1. CONSENT CALENDAR

1.A. Adopt October 4, 2022, Closed Session and Regular Council Meeting Minutes

1.B. Approve the Inspection Improvement Agreement for Sierra View Drive Improvements with Lennar Homes of California, LLC.

1.C. Adopt a Resolution authorizing 1) amendments to the City’s classification and compensation plans and Master Salary Schedule relating to the Chief Innovation Officer, Public Information Officer, Multimedia Communications Coordinator and Multimedia Communications Assistant, and 2) reallocation of a vacant Parks Project Coordinator to a Landscape Architect, effective Fiscal Year 2022-23.

1.D. City Council (1) approve Amendment No. 1 to the Deferred Improvement Agreement between the City and Lennar Homes of California, LLC for Tracy Hills – KT, Tract 4037, to allow the Developer to receive Park Fee Credits pursuant to Tracy Municipal Code section 13.08.010 and (2) authorize the City Clerk to file Amendment No. 1 to the Deferred Improvement Agreement with the office of the San Joaquin County Recorder.

1.E. Approve the Offsite Improvement Agreement for Tracy Hills Zone 5 Water Line Improvements.

1.F. City Council (1) approve Amendment No. 1 to the Deferred Improvement Agreement between the City and Lennar Homes of California, LLC for Tracy Hills Phase 1B to allow the Developer to receive Park Fee Credits pursuant to Tracy Municipal Code Section

13.08.010 and (2) authorize the City Clerk to file Amendment No. 1 to the Deferred Improvement Agreement with the office of the San Joaquin County Recorder

1.G. Adopt a Resolution to approve a Pipeline Easement Agreement with Combined Solar Technologies, Inc. for the Tracy Desalination and Green Energy Project.

1.H. Approve the First Amendment to the Subdivision Improvement Agreement for West Parkway Village and authorize the City Clerk to record the First Amendment to the Subdivision Improvement Agreement for West Parkway Village with the San Joaquin County Clerk.

1.I. Adopt a resolution authorizing the Mayor to execute a Longitudinal Pipeline and Crossing Agreement with Union Pacific Railroad Company (UPRR).

2. ITEMS FROM THE AUDIENCE

TRACY CITY COUNCIL AGENDA 4 October 18, 2022

3. REGULAR AGENDA

3.A. City Council (1) receive an informational report regarding the concept, design, and cost options for the Multi-Generational Recreation Center (CIP 78178), and (2) adopt a Resolution authorizing an appropriation in the amount of $15,800,000 from General Fund Reserves for the Multi-Generational Recreation Center (CIP 78178) to incorporate improvements to El Pescadero Park.

4. ITEMS FROM THE AUDIENCE

5. STAFF ITEMS

6. COUNCIL ITEMS

7. ADJOURNMENT

TRACY CITY COUNCIL - SPECIAL MEETING MINUTES

October 4, 2022, 6:00 p.m.

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

1. Mayor Young called the meeting to order at 6:02 p.m.

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

3. ITEMS FROM THE AUDIENCE – None

4. Request to Conduct Closed Session
A. Conference 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

Council Member Davis announced she will be recusing herself from the item due to proximity of real property.

There was no public comment on the item.

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

Council Member Bedolla arrived at 6:08 p.m.

5. Reconvened to Open Session – Time: 7:17 p.m.

6. Report of Final Action – None

7. Council Items and Comments – Mayor Young asked Council to bypass Council items and comments and go right into regular session.

Special Meeting Minutes 2 October 4, 2022

8. Adjournment – Time: 7:18 p.m.

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 29, 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

October 4, 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 7:18 p.m.

Mayor Young led the Pledge of Allegiance.

Deacon Jack Ryan, St. Bernard’s Catholic Church offered the invocation.

Sekou Millington, Police Chief swore in Police Officers Sergio Molina, Adrian Macias, Noel De Loza, Joseph Blair, Guillian Schuller.

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

Michael Rogers, City Manager presented the Employee of the Month Award for October 2022, to Jalynn Miner, City Attorney’s Office.

Mayor Young presented a proclamation for Domestic Violence Awareness Month to Amy Powers, Director of Programs – Women’s Center-Youth & Family Services and Merlyn Pittman, Executive Director – Chest of Hope.

Mayor Young presented a proclamation for Arbor Day to Walter Haley, Public Works Supervisor and James Jackson, Director of Operations & Utilities

Mayor Young presented a proclamation for first Latino/Latina Council Members to:

Posthumously to Council Member Ray Morelos as first Latino Council Member and to current Mayor Pro Tem Veronica Vargas as first Latina Council Member.

Michael Rogers, City Manager pulled regular items 3.C and 3.D to be moved to a future agenda as additional work is being conducted on these items to expedite the delivery of said items.

Council Member Davis pulled items 1.D, 1.H, 1.I and 1.J from the consent calendar.

1. CONSENT CALENDAR – Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Arriola to adopt the consent calendar, excluding items 1D, 1H, 1I and 1J.

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

1.A Adopt September 20, 2022 Regular Meeting Minutes
– Minutes were adopted.

1.B Adopt a Resolution making findings and re-aut horizing remote teleconference meetings of the City Council and all legislative bodies of the City of Tracy for the period from October 5, 2022 through November 3, 2022 pursuant to the Brown Act. – Resolution 2022-141 adopted making findings and rea-authorizing remote teleconference meetings.

1.C Adopt a Resolution to approve a Professional Services Agreement (PSA) with Carollo Engineers, Inc. for Clarifier Improvements at the John Jones Water Regular Meeting Minutes 2 October 4, 2022

Treatment Plant (JJWTP) for a not to exceed amount of $868,154. – Resolution 2022-142 approved a Professional Services Agreement with Carollo Engineers.

1.E Waive second reading of full text and adopt 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. – Ordinance 1333 was adopted.

1.F A
dopt a resolution amending the City’s Operating and Capital Budget for the Fiscal Year ending June 30,2022. – Resolution 2022-143 approved amending the City’s Operating and Capital Budget for FY ending June 30, 2022.

1.G A pprove the Offsite Improvement Agreement for Tracy Hills Phase 2A – Zone 5/6 Water Tanks and Booster Pump Station Building Improvements – Resolution 2022-144 approve the Offsite Improvement Agreement.

1.D Approve the Inspection Improvement Agreement for Tract 4134, Tracy Hills Villages 5 & 6, in Tracy Hills Phase 2.

Council Member Davis pulled the item and stated the plans are still in the review process, asked if this is a typical practice and are we allowing this practice for smaller developers who would like the same privilege and asked what approvements are being made.

Robert Armijo, City Engineer and Kris Balaji, Director of Development Services responded to Council questions.

ACTION Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Arriola to adopt Resolution 2022-145 approving the Inspection Improvement Agreement for Tract 4134, Tracy Hills Villages 5 & 6 in Tracy Hills Phase 2. Roll call found all in favor; passed and so ordered.

1.H Approve the Final Subdivision Tract Map and Subdivision Improvement Agreement for Tracy Village Tract 4005 and authorize the City Clerk to file the Subdivision Improvement Agreement with the Office of the San Joaquin County Recorder – Resolution 2022-146 approved the Final Subdivision Tract Map and Subdivision Improvement Agreement.

1.I Approve the Final Subdivision Map and Subdivision Improvement Agreement for Tracy Village Tract 4006 and Authorize the City Clerk to file the Subdivision Improvement Agreement with the office of the San Joaquin County Recorder. – Resolution 2022-147 approved the Final Subdivision Tract Map and Subdivision Improvement Agreement.

1.J Approve the Final Subdivision Tract Map and Subdivision Improvement Agreement for Tracy Village Tract 3917 and authorize the City Clerk to file the Subdivision Improvement Agreement with the Office of the San Joaquin County Recorder. – Resolution 2022-148 approved the Final Subdivision Tract Map and Subdivision Improvement Agreement.

Regular Meeting Minutes 3 October 4, 2022

Council Member Davis pulled consent items 1.H, 1.I and 1.J to ask if the request is going to change the age restriction for these homes.

Robert Armijo, City Engineer responded to Council questions.

Council comments followed.

Alice English stated that the item is a development that is a 55 and over development that was voted on and if staff wanted to make any amendments, it would have to go back out to the voters.

ACTION Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Bedolla to adopt Items 1.H (Resolution 2022-146), 1.I (Resolution 2022-147) and 1.J (Resolution 2022-148). Roll call found all in favor, passed and so ordered.

2. ITEMS FROM THE AUDIENCE – Owen Alford expressed support for the Police Department, shared that there was a prowler with a handgun on East Highland Avenue and it took 45 minutes for Police to respond, there was an event happening at the high school and there should have been a quicker response from Police, and acknowledged that there was follow-up from both Police and Council Member Davis.

Morgan Lawrence, Head Pastor of Heritage Church addressed concerns regarding the Pride event, objected to the drag queen performance scheduled for said event, stated the exposure to families and children is indecent and inappropriate, and asked Council to prohibit or disallow the drag queen performance, honor the families of Tracy and protect the innocence of the children.

William Muetzenberg expressed his support for the Pride event and how it was a community organized event that is not sponsored and shared that this event is happening around LGBT History Month and National Coming Out Day. The Pride movement began with drag queens and transgender individuals and not allowing drag queens at Tracy Pride would be a disservice to that.

Patricia Barrett thanked Council and citizens of Tracy for the support and acceptance, shared that drag shows are not only for entertainment but an outlet for people to express their gender in healthy and glamourous ways. If someone does not want to participate in the Pride events, it is a choice to participate. In past pride events that she has attended, there have been no children present, it is a parent’s choice to do so.

Isaiah Merriweather, Lead Outreach for San Joaquin Pride Center shared services that are provided to the community, thanked Council for the support of Tracy’s first Pride festival and doing so it sends a message that Tracy is progressive, tolerant and welcoming.

Elizabeth Vera, a parent of a gay son shared that she is an ally and as a mom this Pride event being the first in Tracy is important to bring diversity and to show the strength that LGBQT parents bring to the table and recognizing the importance of every individual in our community.

Regular Meeting Minutes 4 October 4, 2022

Joey Vera expressed that is he gay and is working hard on bringing diversity to the community and just wants him and other people like him to be accepted for who they are.

Dana Hultberg stated that the Pride event is going to be held in a park near a library and a splash pad where her children frequent. Encouraging this behavior is not inclusive compassionate and it is inappropriate and asked community leaders to intervene on the explicit portion of the Pride festival.

James Patnade, Transgender and Peer Support Specialist at the San Joaquin Pride Center thanked the City for allowing the Pride event, stated that drag shows provide a safe opportunity for folks to express themselves and provide entertainment and shared that those that oppose the drag show should not go and if they are opposed to not bringing their children, they should not bring them.

Casey Anderson stated this is a subject that should be discussed, shared that she had seen photos of a drag show where children were allowed. It should be illegal for children to be at drag shows at a City park where there are playgrounds and an aquatic park and that everyone has a right to assemble but this activity should not be allowed where children are present.

Jose shared his frustration with Pescadero Park and the nudity that children are exposed to on his street on a weekly basis, added someone was going to contact him from the Police Department but it took a week and when that person that was exposing himself to the neighborhood children, police did not show up. Jose shared frustration regarding the lack of the neighborhood access to the park due to the homeless encampment and Council not addressing the concerns.

Blue expressed his hurt and frustration as a veteran and a transman and the lack of understanding and inclusivity in his community, a community that he loves and serves.

Mikayla shared their experience on being closeted and the freedom they felt in being able to finally go out in the community and show who they are authentically while also showing others support.

Burnell Shull shared her experience with friends that are part of the LGBTQ community, stated that if a person does not like something people should just stay away and that people should get along without bringing religion into it.

A community member shared her experience with a family member that is part of the LGBTQ community, her religious beliefs, and the boundaries that she set with that family member and asked that people attending the Pride event have respect for the families and children of the community.

Robert Tanner expressed frustration regarding garbage containers that were just delivered, spoke about pricing and the amount of garbage that is produced by some homes and also commented on the delays on the Aquatics Park.

Diane Stone, Neighborhood Watch Captain from East Highland Avenue spoke about a man brandishing a weapon, stated that the high school had an event happening at the time and that the high school was not notified that there was this situation happening and that the Police Department took 45 minutes before showing up.

Regular Meeting Minutes 5 October 4, 2022

Lisa Roth shared San Luis Obispo code of civility stated that there has been some nasty behavior on the part of elected officials, candidates, and the public and asked Council Members to sign a Code of Civility pledge.

Cathy Lau shared her concerns regarding the Pride event and drag queens performing in a public park, explicit dancing and this can be considered grooming, and urged Council to protect families and children from the drag queen performance.

Durriya Syed shared information about the California Low-Cost Auto Insurance Program.

Karen Moore invited the community to Lincoln Park on October 8 at 8:30 a.m. to celebrate California Clean Air Day in conjunction with the City of Tracy’s Arbor Day Celebration and stated they are looking for volunteers to plant 71 trees. Ms. Moore thanked Sikhs for Humanity, Delta Disposal and City staff, specifically John Newman, Walter Haley, and Todd Rocha.

Council Member Arriola called for a point of order, objected to some of the comments made by speakers to Tracy Pride. Opposition to Tracy Pride is simply homophobic and objects to all transphobia, homophobia and bigotry in the City of Tracy.

3. REGULAR AGENDA

3.A A
dopt a Resolution (1) Approving a three-year time extension for the Development Review Permit (D16-0036) To Construct A Five-Unit Residential Project Located at 21, 25, And 29 E. Eighth Street and (2) Determining that The Project is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15332. The applicant is Mark Watrous- Heyliger. Application Number EXT22-0001.

Mayor Young opened the public hearing.

Scott Claar, Senior Planner provided the staff report and responded to questions.

William Muetzenberg expressed support for the project stating it will bring new opportunities for downtown and hoped for more developments of this type in the future.

Karen Moore expressed support and excitement for the plan but shared some concerns regarding not going through the CEQA process and asked that there be more public input.

Council questions and comments followed.

Mayor Young closed the public hearing.

ACTION: Motion was made by Council Member Arriola and seconded by Mayor Pro Tem Vargas to adopt Resolution 2022-149 (1) Approving a three-year time extension for the Development Review Permit (D16-0036) to construct a five-unit residential project Located at 21, 25, and 29 E. Eighth Street, and (2) Determining that the Regular Meeting Minutes 6 October 4, 2022

project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332, Application Number EXT22-0001. Roll call found all in favor; passed and so ordered.

3.B Adopt a resolution approving the Citywide Parks, Recreation, and Trails Master Plan Update and determining that the update is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15183.

Richard Joaquin, Parks Planning and Development Manager along with John Gibbs and Peter Winch, consultants from WRT provided the staff report and responded to questions.

Mary Mitracos shared her excitement for the Master Plan update for the parks, asked about the Quimby Act and shared her disappointment that the City is not at 5 acres per thousand people at this point rather than 4 acres and encouraged staff and Council to work towards 5 acres. Ms. Mitracos gave kudos to Karin Schnaider for having the foresight to budget for future park maintenance. Ms. Mitracos also requested to go back to the old format for staff reports to include who prepared, reviewed and approved the staff reports.

Karen Moore gave kudos to the team that worked on this project and for being receptive to listening to the stakeholders.

Council questions and comments followed.

ACTION: Motion was made by Council Member Arriola and seconded by Council Member Davis to adopt Resolution 2022-150 approving the Citywide Parks, Recreation, and Trails Master Plan update and determining that the update is exempt from the California environmental quality act pursuant to CEQA guidelines section 15183. Roll call found all in favor; passed and so ordered.

3.C A
dopt a Resolution Accepting the Irrevocable Offer of Dedication of Fee Interest for 16 Acres of Community Park Land for an Aquatic Park (Aquatic Center), generally located at the Intersection of Corral Hollow Road and Summit Drive (Property), from Ellis Village, LLC to the City of Tracy, a Municipal Corporation (City), and directing the City Manager to take Requisite Actions to Effectuate the Acceptance of the Property. Item pulled to be heard at a later date.

3.D A
dopt a Resolution (1) Reaffirming the program priorities for the Aquatic Center CIP 78054 Project, and (2) Authorizing the City Manager to pursue the progressive design-build delivery method for the project. Item pulled to be heard at a later date.

May
or Young called for a recess at 10:07 p.m.

Mayor Young reconvened the meeting at 10:11 p.m.

Regular Meeting Minutes 7 October 4, 2022

3.E Receive an informational report regarding the City of Tracy’s homelessness initiatives.

Michael Rogers, City Manager provided updated information regarding the item.

Virginia Carney, Homeless Services Manager provided the staff report.

Robert Tanner asked for clarification as to how the Familiar Faces Program works regarding newly homeless individuals. Michael Rogers, City Manager provided clarification. Mr. Tanner asked about the length of the temporary usage of the shelter by a homeless person and what is the contingent plan if shelters are full, where are they going to sleep.

Karen Moore expressed excitement for the homeless project but was upset that the City Manager was not keeping the community or Homeless Task Force informed as to the changes that were decided when it came to the secondary location. Ms. Moore thanked staff for their hard work and suggested that the Homeless Advisory Committee should meet more often and not quarterly.

Dan Evans expressed his disappointment with the lack of communication with the Council Members that sit on the Homeless Advisory Committee and the issues with the lack of transparency and communication. Mr. Evans also asked if the construction was shut down and shared that the unhoused are being politicized. Michael Rogers, City Manager shared that he was not aware of any shutdowns.

Council questions and comments followed.

ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Davis to accept the informational report regarding the City of Tracy’s homelessness initiatives. Roll call found all in favor; passed and so ordered.

3.F A
ppoint Maurice Francis to the City of Tracy Transportation Advisory Commission to serve the remainder of the vacated term beginning October 5, 2022 and ending April 30, 2025.

Necy Lopez, Deputy City Clerk provided the staff report.

Council questions and comments followed.

ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Mayor Young to appoint Maurice Francis to the City of Tracy Transportation Advisory Commission to serve the remainder of the vacated term beginning October 5, 2022 and ending April 30, 2025. Roll call found all in favor; passed and so ordered.

4. ITEMS FROM THE AUDIENCE – Mary Mitracos shared the correct pronunciation for the Brichetto name.

Regular Meeting Minutes 8 October 4, 2022

Karen Moore spoke about attending a symposium on Carbon Capturing and Sequestering, shared information about the hazards of carbon dioxide and stated she would send a brief presentation for review, suggested having conversations in the near future and will keep Council informed.

Mayor Young noted that there was an email received from C. Lau regarding the Tracy Pride event, specifically the drag queen show.

5. STAFF ITEMS – Karin Schnaider, Assistant City Manager reported on the following: On the City’s website the public can now access the updates, facts and frequently asked questions (FAQs) on the ballot Measure B. This is the measure regarding business tax and a mailer will also be going out to residents with the same FAQs. Regarding the Airport Master Plan for the Tracy Municipal Airport a survey has gone out, under 10 questions regarding community utilization of the airport. The survey will also be done at the Farmers Market. Pavement rehabilitation has begun from 8:30 a.m. to 3:00 p.m. which includes pavement repair on Tracy Blvd, and overlay and striping on Valpico, Clover and Grant Line Roads. A pilot car will be used on the Valpico roadwork, urges community to plan accordingly due to upcoming delays.

6. COUNCIL ITEMS – Mayor Pro Tem Vargas announced that the South San Joaquin County Fire Authority is having their annual Pancake Breakfast from 7:00 a.m. located at 835 Central Ave. Tracy Buccaneers are having their homecoming on Saturday, which is also the 12
th birthday of Luciano Vargas. His birthday will be celebrated by planting a tree in his honor and an additional tree will be planted in honor of Dino Margaros. Mayor Pro Tem announced she will be out of town during the week of the 11th for a wedding and daughter’s birthday celebration, on October 8th TCCA is having a Car Show, and the Pride event on October 9th, and she will be there to support and is looking forward to attending and participating.

Council Member Bedolla requested support for consideration, because meetings run so late, to look at the Council policy to start meetings at 6:00 or 6:30 p.m. Council Member Davis supported the request. Council Member Bedolla also asked for support to discuss the possibility of having a third regular monthly meeting whether it is on the second Tuesday or fourth Tuesday of the month. Council Member Davis supported the request.

Mayor Pro Tem Vargas requested support for an amendment or edit to the current Municipal Code specifically secondary sources of water for our residents. Some rural areas that are now being annexed into the city are being forced to connect to city water and these properties are of one or more acres and would like to continue utilizing their wells for the maintenance of their animals and properties. Mayor Pro Tem Vargas also asked for staff to expedite due to one case in particular that is time sensitive due to the resident’s hardship. Council Member Davis supported the request.

Council Member Arriola shared that the inaugural Tracy Pride event will be this weekend and invited the community to Lincoln Park at 10:00 a.m. on Sunday October 9 th. Hosted
the Stockton Pride and also had the opportunity to have dinner with the President of Portugal, Marcelo Rebelo de Sousa along with other Central Valley Elected Officials.

Regular Meeting Minutes 9 October 4, 2022

Council Member Davis requested a follow-up memo to the concerns of the residents that live on Highland that reported the brandishing of a weapon. Council Member Arriola supported the request.

Council Member Davis requested that staff reports go back to the old format to include who prepared, reviewed and approved the report. Mayor Young supported the request.

Council Member Davis requested a memo regarding what policies are being used by neighboring cities regarding empty industrial buildings. Council Member Arriola supported the request.

Council Member Davis asked if the wooden poles on Valpico and Corral Hollow are permanent or temporary. Michael Rogers, City Manager confirmed that whole signal system is temporary.

Council Member Davis asked if the Skyview lease is close to being finalized. Karin Schnaider, Assistant City Manager shared that there is a draft that is finalizing through staff and is currently under review.

Council Member Davis asked if there will be further information or education on organic waste disposal and what is the plan on educating the public. Karin Schnaider shared that there is a new bill that extended some of the requirements mostly on the penalties so it will allow further education. Utilities and Operations are currently working on some FAQs.

Mayor Young stated that she will submit a report at the next meeting regarding the events she has attended and wished her grandson LJ a happy 24 th birthday.

7. ADJOURNMENT – Time: 11:56 p.m.

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

The above agenda was posted at the Tracy City Hall on September 29, 2022. The above are action minutes. A recording is available at the office of the City Clerk.

____________________________
Mayor

ATTEST:

__________________________
City Clerk
Octobe r 18, 2022
Agenda Item 1.B

RECOMME

NDATION
Staff recommends that City Council approve the Inspection Improvement Agreement for Sierra View Drive Improvements with Lennar Homes of California, LLC.

EXECUTIVE SUMMARY
This item involves the approval of the Inspection Improvement Agreement (IIA) which will allow Lennar Homes of California, LLC (Developer) to proceed at the Developer’s sole and exclusive risk with the construction of the public roadway improvements wi thin Tracy Hills Phase 2 known as the Sierra View Drive Improvements (Project), which are ultimately intended to be dedicated to the City, based on the partially approved submitted plans, but prior to the City Engineer’s formal approval of the full set of submitted plans for the Project.

ANALYSIS
The Project is geogr aphically l ocated within the boundaries of the Tracy Hills Specific Plan Area, which was approved by City Council on April 5, 2016, and is further situated within the boundaries of that certain tentative map known as Vesting Tentative Map, Tract 4057, Tracy Hills Phase 2, approved by the City Council on October 19, 2021, by Resolution No. 2021-154.

The Tracy Hills Phase 2 project is generally bordered by Co rral Hollow Road to the east and Interstate 580 to the north.

The approval of the Vesting Tentative Subdivision Map for Tracy Hills Phase 2 by the City Council was subject to specified Conditions of Approval which describe, among other things, improvements that are required for approval of the Final Subdivision Maps pursuant to the Subdivision Map Act, the Subdivision Ordinance, and applicable City Standards. The Sierra View Drive Improvements are part of the public improvements that are r equired to the designed and constructed by the Developer under the Conditions of Approval.

Improvement Plans for the Sierra View Drive Improvements have been prepared on behalf of the Developer and are under review by the City Engineer, with Staff having performed multiple review and comment cycles. In order to meet its development schedule, Developer intends to commence construction of the Project improvements based on the partially approved submitted plans before the City completes its review and approval of the full set plans. Approval of the Inspection Improvement Agreement will facilitate Developer’s efforts to meet its development schedule.

Developer acknowledges and agrees that it will be proceeding with the work at its sol e and exclusive risk, and that if any of the work completed by Developer does not conform, in the City Engineer’s determination, to the plans ultimately approved by the City, Developer may be required to remove and/or correct any non-conformities to the reasonable satisfaction of the City Engineer in accordance with the approved plans, at the Developer’s sole cost, bef ore the City will approve the temporary or final occupancy of any residence wit hin the first Final Map in Tracy Hills Phase 2.

In an effort to minimize the risk of such non-conformities, the City will periodically inspect Developer's work
in constructing the public improvements shown on the partially approved submitted plans,
and will periodically advise Developer whether the work appears to be proceeding in conformance with the partially approved submitted plans.

Agenda Item 1.B
Octobe
r 18, 2022

The Developer will enter into an Offsite Improvement Agreement with the City at a later date.

Staff will
return to City Council for approval of the Offsite Improvement Agreement, which will supersede the Inspection Improvement Agreement. Subsequent to the approval of Offsite Improvement Agreement and completion of improvements, acceptance of the public improvements will
proceed in accordance with normal City procedures.

The Developer has executed the Inspection Improvement Agreement and has submitted the required security to guarantee completion of the public improvements. The Inspection Improvement Agreement and associated Improvement Plans are on file with the City Engineer.

FISCAL IMPACT
There
will be no impact to the General Fund. Developer will pay for the cost of plan checking, engineering inspection and processing of the Inspection Improvement Agreement.

STRATEGIC PLAN
This
item is consistent with the City Council’s approved Economic Development Strategy to ensure that
physical infrastructure necessary for development is constructed.

ACTION REQUESTED OF THE

CITY COUNCIL
That City Council, by resolution, approve the Inspection Improvement Agreement for Sierra View Drive Improvements with Lennar Homes of California, LLC.

Prepared by:

Reviewed by:

Approved by:

Al Gali, Associate Engineer
Robert Armijo, PE, City Engineer/Assistant Development Services Director Kris Balaji, Development Services Director
Sara Cowell, Interim Finance Director
Midori Lichtwardt. Assistant City Manager
Michael Rogers, City Manager

ATTACHMENTS
Attachment A – Location Map
Attachment B – Inspection Improvement Agreement
City of Tracy – Inspection Improvement Agreement
Sierra View Drive Improvements

ATTACHMENT A

LOCATION OF PROJECT

City of Tracy

INSPECTION IMPROVEMENT AGREEMENT

SIERRA VIEW DRIVE IMPROVEMENTS
This Inspection Improvement Agreement (“Agreement”) is entered into by and between the City of Tracy, a municipal corporation (“City”), and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (“Developer”).

Recitals
A. Developer is the party responsible for the construction of the public roadway improvements known as the Sierra View Drive Improvements that are to be constructed within the proposed Sierra View Drive right-of-way, as more particularly depicted in Exhibit “A” (“Project”).

B. The Project is geographically located within the boundaries of the Tracy Hills Specific Plan Area, which was approved by City Council on April 5, 2016, and is further situated within the boundaries of that certain tentative map known as Vesting Tentative Map, Tract 4057, Tracy Hills Phase 2, approved by the City Council on October 19, 2021, by Resolution No. 2021-154 (the “Tentative Map”).

C. The Tentative Map approval was subject to certain Conditions of Approval (“Conditions”). The Conditions are attached here as Exhibit “B” and incorporated by reference.

D. Among other things, the Conditions describe certain improvements that are required for approval of final subdivision maps under the Subdivision Map Act (California Government Code sections 66410, et seq.), City’s Subdivision Ordinance (Tracy Municipal Code, Title 12), and applicable City Standards.

E. In accordance with the Subdivision Map Act and City’s Subdivision Ordinance, Developer has submitted to City numerous final maps for the residential development known as Tracy Hills Phase 2A (the “Final Maps”). The Final Maps are being reviewed by the City Engineer for substantial compliance with the Tentative Map, and the Final Maps has not yet been approved by City for recordation.

F. Improvement plans and specifications (which incorporate portions of the City’s Standard Specifications) have been prepared on behalf of Developer and are under review by the City Engineer. They describe in more detail the improvements that are required for approval of the Final Maps. The submitted plans and specifications, which are under review by the City Engineer, are on file with the City Engineer and incorporated herein by reference. The term “Partially Approved Submitted Plans and Specifications” is a subset of the complete plans that have been submitted and specifically includes the thirty-three (33) sheets of improvement plans titled “Sierra View Drive Improvement Plans, Tracy Hills - Phase 2A” prepared by Ruggeri-Jensen-Azar.

The above referenced plans are on file with the City Engineer under Tracking No.

ENG21-0037 and have been approved by the City Engineer.

DocuSign Envelope ID: ECCD7C92-0DEC-485C-82C3-D78484F8A10A Attachment B
City of Tracy – Inspection Improvement Agreement
Sierra View Drive Improvements

G. In order to meet Developer’s development schedule, Developer intends to commence construction and installation of the required public improvements based on the Partially Approved Submitted Plans and Specifications, but before the City completes its review and approval of the submitted plans and specifications. Developer understands and agrees that it will be proceeding with such improvements at Developer’s sole and exclusive risk, and that if the public improvements completed by Developer do not conform, in the City Engineer’s reasonable determination, to the plans and specifications ultimately approved by the City (the “Approved Plans and Specifications”), Developer may be required to remove or correct any non-conformities to the reasonable satisfaction of the City Engineer, at Developer’s sole cost, before the City will approve the temporary or final occupancy of any residence within the first Final Map in Tracy Hills Phase 2.

H. In an effort to minimize the risk of such non-conformities, Developer has asked City to periodically inspect Developer’s work in constructing and installing the public improvements described in the Partially Approved Submitted Plans and Specifications, and periodically advise Developer whether the work appears to be proceeding in conformance with the Partially Approved Submitted Plans and Specifications. Developer acknowledges that the City cannot issue a final approval of the work until (a) the City Engineer has fully completed its review and formally approved all of the submitted plans and specifications; and (b) completed an inspection of the Work based on the Approved Plans and Specifications. To facilitate City’s periodic inspections, Developer agrees to pay all City costs incurred in such inspections.

I. To facilitate Developer’s efforts to meet its development schedule, Developer has requested that City enter into this Agreement.

NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Scope of Work; Location. Developer shall perform, or cause to be performed, the work described in the Partially Approved Submitted Plans and Specifications and the Conditions (collectively, the “Work”), to the satisfaction of the City Engineer. The Work shall be performed, and all materials and labor shall be provided, at Developer’s expense, in the manner described in the Approved Plans and Specifications. No change shall be made to the Work unless authorized in writing by the City Engineer. Developer may submit a written request to the City Engineer for a change in the scope of Work, as authorized by Tracy Municipal Code section

12.36.060(f).

Developer shall perform all Work at the locations and grades shown on the Partially Approved Submitted Plans and Specifications. Developer (a) has acquired any necessary easement or right-of-way or (b) has entered into a separate Agreement with the City to acquire the necessary easement or right-of-way at Developer's expense.

Developer understands and agrees that because the full set of submitted plans and specifications have not been approved by the City Engineer, if any of the DocuSign Envelope ID: ECCD7C92-0DEC-485C-82C3-D78484F8A10A City of Tracy – Inspection Improvement Agreement
Sierra View Drive Improvements

completed improvements do not conform to the Approved Plans and Specifications the Developer may have to remove or correct any non-conformities to the reasonable satisfaction of the City Engineer at Developer’s sole cost.

2. Time of Performance. Time is of the essence in the performance of the Work, and the timing requirements set forth here shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Developer shall submit all requests for extensions of time to the City, in writing, no later than ten days after the start of the condition that purportedly caused the delay, and not later than the date on which performance is due.

2.1. Commencement of Work. No later than fifteen (15) days before the beginning of Work, Developer shall provide written notice to the City Engineer of the date on which Developer will begin Work. Developer shall not begin Work until after the notice required by this section is properly provided, and Developer shall not begin Work before the date specified in the written notice.

2.2. Schedule of Work. Concurrently with the written notice of beginning of Work, Developer shall provide the City with a written schedule of Work, which shall be updated in writing as necessary to accurately reflect Developer’s prosecution of the Work.

2.3. Completion of Work. Developer shall complete all Work by no later than 365 days after Developer’s submittal of its notice of commencement of Work pursuant to Section 2.1 above. If the Work is not completed by this date, City Engineer may grant an extension of time if (a) Developer submits a written request for extension at least ten (10) days prior to expiring date of completion, (b) the City Engineer determines that Work is progressing satisfactorily and an extension is warranted, and (c) Developer pays all processing fees for such time extension.

3. Improvement Security. Concurrently with Developer’s execution of this Agreement, and before beginning any Work, Developer shall furnish contract security, in a form authorized by the Subdivision Map Act (including Government Code sections 66499 et seq.) and Tracy Municipal Code section 12.36.080, in the following amounts:

3.1. Faithful Performance security in the amount of $11,329,007.00 to secure faithful performance of this Agreement (until the date on which the City Council accepts the Work as complete) under Government Code sections 66499.1, 66499.4, and 66499.9.

3.2. Labor and Material security in the amount of $11,329,007.00 to secure payment by Developer to laborers and materialmen under Government Code sections 66499.2, 66499.3, and 66499.4.

3.3. Warranty security in the amount of $1,132,901.00 to guarantee improvements against any defective work or labor done or defective materials used in performance of Work for one year from the date on which the City Council accepts the Work as complete, under Government Code sections 66499.1, 66499.4, and 66499.9.

DocuSign Envelope ID: ECCD7C92-0DEC-485C-82C3-D78484F8A10A City of Tracy – Inspection Improvement Agreement
Sierra View Drive Improvements

3.4. Monumentation security in the amount of $22,500.00 to secure faithful performance of setting monuments pursuant to Government Code section 66496.

4. Indemnification. Developer shall indemnify, defend, and hold harmless City (including its elected officials, officers, agents and employees) from and against any and all claims, demands, damages, liabilities, costs, and expenses (including court costs and attorney’s fees) resulting from the performance of the Work by Developer or Developer’s agents, representatives, contractors, subcontractors, or employees, except when caused by the active negligence or willful misconduct of City, until such time as all of the following have occurred: (1) the City Council accepts all of the improvements comprising the Work, (2) the City becomes responsible for the maintenance, operation and repair of all of the improvements comprising the Work, and (3) the one year warranty period set forth in Section 13, below, has expired, at which time the indemnification obligations under this Section 4 shall automatically terminate, with regard to any cause of action arising after such date. For avoidance of doubt, Developer’s obligations under this Section 4 are in addition to all other Developer’s obligations set forth in this Agreement, and shall not affect Developer’s warranty obligations set forth in Section 13, below.

5. Insurance. Concurrently with the execution of this Agreement by Developer, and before beginning any Work, Developer shall furnish evidence to the City that the following insurance requirements have been satisfied. The insurance requirements contained in this Section 5 are material terms of this Agreement. These insurance coverage requirements below may be satisfied by umbrella or excess liability policies upon City approval.

5.1. General. Developer shall, throughout the duration of this Agreement, maintain insurance to cover Developer, its agents, representatives, contractors, subcontractors, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

5.2. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01) coverage shall be maintained in an amount not less than $4,000,000 per occurrence and $8,000,000 general aggregate for general liability, bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property hazards.

5.3. Professional Contracts. Developer shall cause its design professionals to maintain professional liability insurance that insures against professional errors and omissions that may be made in performing services related to the Work to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Developer agrees to cause its design professionals to maintain continuous coverage through a period no less than three years after completion of the services required pursuant to this Agreement.

DocuSign Envelope ID: ECCD7C92-0DEC-485C-82C3-D78484F8A10A City of Tracy – Inspection Improvement Agreement
Sierra View Drive Improvements

5.4. Automobile Liability (with coverage at least as broad as ISO form 00 01 07 97 for “any auto” including “hired autos” and “non-owned autos”) coverage shall be maintained in an amount not less than $2,000,000 per accident for bodily injury and property damage.

5.4.1. If Developer has no employees, or does not own automobiles, then “hired autos” and “non-owned autos” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

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

5.6. Endorsements. Developer shall obtain endorsements to the commercial general liability and automobile policies with the following provisions:

5.6.1. The City (including its elected and appointed officials, officers, employees, agents, and volunteers) shall be named as an Additional Insured on Developer’s Commercial General Liability policy utilizing endorsement form CG 20 10 (or its equivalent) for ongoing operations and CG 20 37 (or its equivalent) for products/completed operations.

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

5.6.3. Developer shall require its contractors and subcontractors providing services required by this Agreement (e.g. general contractors, design professionals) to name it and the City as Additional Insureds.

5.7. Notice of Cancellation. Developer shall notify the City of any cancellation of either the commercial general liability policy or automobile insurance policy before the expiration date. For the purpose of this notice requirement, any material change in the policy before the expiration shall be considered a cancellation. Developer shall immediately obtain a replacement policy.

5.8. Authorized Insurers. All insurance companies providing coverage to Developer 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, with an AM Best rating of at least A-:VII.

5.9. Insurance Certificate. Developer shall provide evidence of compliance with the commercial general liability insurance and automobile insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City Attorney before the City executes this Agreement.

5.10. Substitute Certificates. No later than thirty (30) days before the policy expiration date of any insurance policy required by this Agreement, Developer shall provide a substitute certificate of insurance.

5.11. Developer’s Obligation. Maintenance of insurance by Developer as specified in this Agreement shall in no way be interpreted as relieving Developer of any responsibility whatsoever (including indemnity obligations under this Agreement), and Developer may carry, at its own expense, such additional insurance as it deems necessary.

DocuSign Envelope ID: ECCD7C92-0DEC-485C-82C3-D78484F8A10A City of Tracy – Inspection Improvement Agreement
Sierra View Drive Improvements

6. Independent Contractor Status. Developer is an independent contractor and is solely responsible for the acts of its employees, agents, and subcontractors, including any negligent acts or omissions. Developer is not City’s employee and Developer 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 to Developer.

7. Default.

7.1. Notice. If Developer is in default of this Agreement, as defined in Section 10.2, the City Engineer shall provide written notice to Developer and Developer’s surety (if any) describing the default.

7.2. Events of default. Developer shall be in default of this Agreement if the City Engineer determines that any one of the following conditions exist:

7.2.1. Developer is insolvent, bankrupt, or makes a general assignment for the benefit of its creditors.

7.2.2. Developer abandons the Project site.

7.2.3. Developer fails to perform one or more requirements of this Agreement.

7.2.4. Developer fails to replace or repair any damage caused by Developer or its agents, representatives, contractors, subcontractors, or employees in connection with performance of the Work.

7.2.5. Developer violates any legal requirement related to the Work.

7.3. Cure. If Developer fails to cure the default within five days, or provide adequate written assurance to the satisfaction of the City Engineer that the cure will be promptly started and diligently prosecuted to its completion, the City may, in the discretion of the City Engineer, take any or all of the following actions:

7.3.1. Cure the default and charge Developer for the costs, including administrative costs and interest in an amount equal to 7% per annum from the date of default.

7.3.2. Demand Developer complete performance of the Work.

7.3.3. Demand Developer’s surety (if any) complete performance of the Work.

8. Ownership of Work. All original documents prepared by Developer for this Agreement are the property of the City, and Developer shall provide them to the City at the completion of Developer’s Work, or upon demand from the City.

9. Repair of any Damage. In the event and to the extent Developer or its agents, representatives, contractors, subcontractors, or employees, in connection with performance of the Work, cause any damage to property owned by City or other property owners, then Developer shall promptly take all reasonable steps to repair or replace (as necessary) such property to remedy the damage caused thereto.

10. Inspection by the City; Fees. In order to permit the City to inspect the Work, Developer shall, at all times, provide to the City proper and safe access to the Project site, and all portions of the Work, and to all shops where portions of the Work are in preparation. Concurrently with Developer’s execution of this Agreement and before the beginning of any Work, Developer shall pay the City Inspection Fees in DocuSign Envelope ID: ECCD7C92-0DEC-485C-82C3-D78484F8A10A City of Tracy – Inspection Improvement Agreement
Sierra View Drive Improvements

the amount of 3.5% of the estimated Project costs (as approved by the City Engineer). If the City requires an independent inspection, Developer shall pay all such costs and provide a report directly to the City.

11. Developer’s Authorized Representative. At all times during the progress of the Work, Developer shall have a competent foreperson or superintendent (Superintendent) on site with authority to act on behalf of Developer. Developer shall, at all times, keep the City Engineer informed in writing of the names and telephone numbers of: (a) the Superintendent; and (b) all contractors and subcontractors performing the Work. Exhibit “C” attached hereto includes the initial contact information referenced in this Section 11.

12. No Filing of Final Map Until Subdivision Improvement Agreement.

Developer understands and agrees that no final map may be approved or recorded for the Project until after the Developer and the City enter into a Subdivision Improvement Agreement which addresses all requirements of the Conditions. Neither the execution of this Agreement, nor the completion of the Work, shall cause Developer to acquire any vested rights to file, have approved, or to record a final map. It is expressly agreed that Developer shall be subject to all laws and regulations now in force or hereinafter enacted affecting the Project.

By executing this Agreement, the Developer fully understands and agrees to comply with these conditions.

13. Warranty Period. Developer shall warrant the quality of the Work, in accordance with the terms of the Plans and Specifications, for a period of one year after acceptance of the Work by the City Council. If during the one year warranty period any portion of the Work is determined by the City Engineer to be defective as a result of an obligation of Developer under this Agreement, Developer shall be in default of this Agreement and shall without delay and without any cost to City repair, replace, or reconstruct any defective improvements.

14. Notices.

14.1. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or electronically mailed to the respective party as follows:

To City To Developer:

City of Tracy
333 Civic Center Plaza
Tracy, CA 95376
Attn: City Engineer
[email protected]
Lennar Homes of California, LLC
2603 Camino Ramon, Suite 525
San Ramon, CA 94583
Attn: Bridgit Koller
[email protected]
DocuSign Envelope ID: ECCD7C92-0DEC-485C-82C3-D78484F8A10A City of Tracy – Inspection Improvement Agreement
Sierra View Drive Improvements

With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376
Attn: City Engineer
[email protected]
With a copy to:

AG Essential Housing CA 1, LP
c/o AGWIP Asset Management LLC
8585 E. Hartford Drive, Suite 118
Scottsdale, AZ 85255
Attn: Steven S. Benson, Manager
[email protected]

14.2. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the email address designated above, or (2) two working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated above.

15. Approvals by City. Any approval or consent by that is to be given by City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.

16. Modifications. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

17. 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.

18. Assignment and Delegation. This Agreement and any portion of it may not be assigned or transferred, nor shall any of Developer’s duties be delegated, without the City’s prior written consent. Any attempt to assign or delegate this Agreement without the City’s written consent shall be void and of no effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.

19. Jurisdiction and Venue. The interpretation, validity and enforcement of the Agreement shall be governed by 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.

20. Permits, Licenses, and Compliance with Law. Developer shall, at Developer’s expense, obtain and maintain all necessary permits and licenses for the performance of the Work. Before City signs the Agreement, Developer shall obtain a City of Tracy Business License. Developer shall comply with all local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.

21. Entire Agreement; Exhibits; Severability. The recitals and all defined terms in this Agreement are part of this Agreement. This Agreement, including all documents incorporated by reference, comprises the entire integrated understanding between DocuSign Envelope ID: ECCD7C92-0DEC-485C-82C3-D78484F8A10A City of Tracy – Inspection Improvement Agreement
Sierra View Drive Improvements

the parties concerning the improvements to be constructed pursuant to this Agreement. This Agreement supersedes all prior negotiations, representations, or agreements. The following Exhibits attached hereto are incorporated into this Agreement and made a part hereof:

A. Location of Project (Recital A)
B. Conditions of Approval (Recital C)
C. Developer’s Authorized Representative Information (Section 11) 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.

22. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to execute this Agreement.

This Agreement shall inure to the benefit of and be binding upon the parties and their successors and assigns.
[signatures on following page]
DocuSign Envelope ID: ECCD7C92-0DEC-485C-82C3-D78484F8A10A City of Tracy – Inspection Improvement Agreement
Sierra View Drive Improvements

The parties hereby agree to the full performance of the terms set forth herein.

City of Tracy
_______________________________
Nancy D. Young, City Manager
Date: _____________
Approved by City Council on ________
by Resolution No. _________.

Attest:
_______________________________
By: Adrianne Richardson, City Clerk
Approved As To Form:
_______________________________
By: Bijal M. Patel, City Attorney
Developer

LENNAR HOMES OF CALIFORNIA, LLC
a California limited liability company
_______________________________
By: _____________________
Title: ____________________
Date: _____________
Federal Employer Tax ID No. ___________
DocuSign Envelope ID: ECCD7C92-0DEC-485C-82C3-D78484F8A10A Vice President
9/13/2022
Bridgit Koller

APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRAC

Y CITY COUNCIL
RES
OLUTION 2022-_____
APPRO

VING THE INSPECTION IMPROVEMENT AGREEMENT FOR SIERRA

VIEW DRIVE IMPROVEMENTS WITH LENNAR HOMES OF CALIFORNIA, LLC WHER
EAS, on October 19, 2021, the City Council approved that certain tentative map known as Vesting Tentative Map, Tract 4057, Tracy Hills Phase 2, by Resolution No. 2021-154; and
WHERE
AS, the Sierra View Drive Improvements are part of the public improvements that are required to be designed and constructed by Lennar Homes of California, LLC (Developer), under the Conditions of Approval for the Vesting Tentative Map for Tracy Hills Phase 2; and
WHER
EAS, in order to meet its development schedule, Developer intends to commence construction of the required public improvements based on the partially approved submitted plans before the City completes its review and approval of the full set of plans, in accordance with the terms and conditions of the Inspection Improvement Agreement; and WHER
EAS, Developer acknowledges and agrees that it will be proceeding with the work at its sole and exclusive risk, and that if any of the work completed by developer under the Inspection Improvement Agreement does not conform, in the City Engineer’s determination, to the plans ultimately approved by the City, Developer will be required to remove and/or correct any non-conformities to the reasonable satisfaction of the City Engineer; and WHER
EAS, The Improvement and Inspection Agreement will be superseded by a Subdivision Improvement Agreement to be executed by the Developer at a later date and the City will continue with the inspection and acceptance of the public improvements in accordance with normal City procedures under the Subdivision Improvement Agreement; and WHERE
AS, The Developer has executed the Inspection Improvement Agreement and has submitted the required security to guarantee completion of the public improvements; now, therefore, be it
RESOL
VED: That the City Council of the City of Tracy hereby approves the Inspection Improvement Agreement for Sierra View Drive Improvements with Lennar Homes of California, LLC.
* * * *
* * * * * * * * * *
Resolution 2022-_____

The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 18th day of October 2022 by the following vote:

AYES: COUNCIL M
EMBERS:

NOE
S: COUNCI
L MEMBERS:

ABSENT:

COUNCIL M
EMBERS:

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
October 18, 2022
Agenda Item 1.C

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution authorizing 1) amendments to the City’s classification and compensation plans and Master Salary Schedule relating to the Chief Innovation Officer, Public Information Officer, Multimedia Communications Coordinator and Multimedia Communications Assistant, and 2) reallocation of a vacant Parks Project Coordinator to a Landscape Architect, effective Fiscal Year 2022-23.

EXECUTIVE SUMMARY
The City’s Classification and Compensation Plans and Master Salary Schedule contain the job descriptions and
classifications of all City personnel as well as salary ranges. This report recommends authorizing 1) amendments to these plans and schedule so as to establish one (1) new classification for Chief Innovation Officer as well as amend the Public Information Officer,
Multimedia Communications Coordinator and Multimedia
Communications Assistant classifications, and 2) reallocation of a vacant Parks Project Coordinator to a
Landscape Architect.

BACKGROUND AND LEGISLATIVE HISTORY
Periodically, the Human Resources Department receives requests to review existing classification specifications or to develop new classification specifications in order to allow for changes that have occurred in areas such as job responsibilities, organizational structure, education,
experience, and/or service needs. Due to the City’s organizational structure changes
a new classification of Chief Innovation Officer is recommended to support the creation of the newly established Innovation and Technology Department.

The Public
Employees’ Retirement Law governs the California Public Employees Retirement System (CalPERS) codified in Title 2 of the California Code of Regulations. Section 570.5 of
the California Code of Regulations requires City Council approve the rate of pay or classification titles in a publicly available pay schedule for employees who are members of CalPERS. Under
the City’s Personnel Rules (Section 3.1.6), the City Council must approve the Classification and Compensation Plans and any amendments to said plans. State law requires
that Council approve a Master Salary Schedule reflecting the salaries of all personnel.

ANALYSIS
The
FY 2022/23 Budget reflects the addition of two new core departments to build organizational capacity, to be adaptive to community needs, and to meet the City Council’s Strategic Priorities
resulting in the creation of two new full-time department director positions to oversee the Mobility and Housing Department and Innovation and Technology Department. In the prior budget year, Information Technology was a division of the Finance department. The
classification for Director of Mobility and Housing was approved by City Council on August 16, 2022.

Agenda Item 1.C
October 18, 2022

Chief Innovation Officer
Human Resources conducted a classification study to reflect the scope of responsibility and span of control for the newly formed department and evaluated the knowledge skills and abilities required to successfully perform the functions of the classification. This new department is responsible
for building and empowering a smart, digital city by providing innovative technology solutions
that support City departments and the public. The Chief Innovation Officer will be responsible for overseeing the newly formed department to support a
robust, inclusive, and innovative environment serving the Tracy residents.

Staff recommends the monthly salary range for the Chief Innovation Officer at $14,878 - $18,069 per month. The salary range recommendation was determined by a survey of comparable agencies with consideration of internal equities of similar classifications.

CLASSIFICATION

REVISIONS
Revisions were made to the existing Public Information Officer, Multimedia Communications Coordinator
and Multimedia Communications Assistant classifications to reflect the management and functional transition of the City’s cable access channel from the City Manager’s Office to the Innovation
and Technology Department. This transition will
support the Public Information Officer’s ability to provide direction and oversight for the comprehensive public relations and communication
programs for the City while aligning the
technical function of the City’s cable access channel with the services delivered through the Innovation and Technology department.

In addition,
staff provided Tracy Technical and Support Services Employee Association with the proposed job description and the bargaining unit agreed with the recommendation.

REALLOCATIONS
The vacant Parks Project Coordinator was evaluated and due to the workload and expertise needed for several upcoming and ongoing projects, staff recommends reallocating the position
to a Landscape Architect. The reallocation will allow this specialized professional classification to perform full range of landscape architecture assignments including design and development of
plans, specifications, and cost estimates for capital improvement projects.

The Landsca
pe Architect will be able to use independent judgment to make decisions in carrying out assignments, which will provide greater assistance to the Parks Planning and De
velopment Manager.

There are no recommended salary changes associated with this update.

The Master
Salary Schedule effective October 18, 2022 (Attachment A) reflects the salary range for each new and revised classification discussed in this report.

FISCAL
IMPACT
This action amends the City’s Classification and Compensation plan by establishing a new specification and revising the class specification for the positions contained in this report
and amends the Position Control Roster to reallocate the current vacant Parks Project Coordinator to a Landscape Architect. These changes, including the addition of the Chief Innovation Officer, were previously approved in the established FY2022-23 budget.

Agenda Item 1.C
October 18, 2022

STRATEGIC PLAN
This agenda item supports the City’s Governance Strategy and Business Plan and specifically implements
the following goals and objectives:

Governance Strategy
Goal 1: Further develop an organization to attract, motivate, develop, and retain a high-quality, engaged, high-performing, and informed workforce.

Objective 1b: Affirm organizational values.

ACTION REQUESTED OF THE CITY COUNCIL
Adopt a Resolution authorizing 1) amendments to the City’s classification and compensation plans and
Master Salary Schedule relating to the Chief Innovation Officer, Public Information Officer,
Multimedia Communications Coordinator and Multimedia
Communications Assistant, and 2) reallocation of a vacant Parks Project Coordinator to a Landscape Architect, effective Fiscal Year 2022-23.

Prepared by: JoAnn Weberg, Human Resources Manager
Reviewed by:

Kimberly Murdaugh, Director of Human Resources
Sara Cowell, Interim Director of Finance
Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager
Attachments:

A – Master Salary Schedule Effective October 18, 2022
B – Chief Innovation Officer
C – Public Information Officer
D – Multimedia Communications Coordinator
E – Multimedia Communications Assistant
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
4112 Account Clerk TTSSEA A 2,176.60 4,715.97 56,591.60 27.2075 B 2,285.44 4,951.79 59,421.44 28.5680
C 2,399.70 5,199.35 62,392.20 29.9963
D 2,519.69 5,459.33 65,511.94 31.4961
E 2,645.68 5,732.31 68,787.68 33.0710
3106 Accountant* TMMBU A 3,422.14 7,414.64 88,975.64 42.7768 B 3,593.25 7,785.38 93,424.50 44.9156
C 3,772.91 8,174.64 98,095.66 47.1614
D 3,961.54 8,583.34 103,000.04 49.5193
E 4,159.62 9,012.51 108,150.12 51.9953
2520 Accounting Manager* CONF A 4,947.25 10,719.04 128,628.50 61.8406 B 5,194.61 11,254.99 135,059.86 64.9326
C 5,454.35 11,817.76 141,813.10 68.1794
D 5,727.07 12,408.65 148,903.82 71.5884
E 6,013.44 13,029.12 156,349.44 75.1680
4201 Accounting Technician TTSSEA A 2,676.79 5,799.71 69,596.54 33.4599 B 2,810.65 6,089.74 73,076.90 35.1331
C 2,951.17 6,394.20 76,730.42 36.8896
D 3,098.74 6,713.94 80,567.24 38.7343
E 3,253.69 7,049.66 84,595.94 40.6711
4102 Administrative Assistant TTSSEA A 2,166.98 4,695.12 56,341.48 27.0873 B 2,275.31 4,929.84 59,158.06 28.4414
C 2,389.09 5,176.36 62,116.34 29.8636
D 2,508.53 5,435.15 65,221.78 31.3566
E 2,633.95 5,706.89 68,482.70 32.9244
8102 Administrative Assistant - Confidential CONF A 2,220.71 4,811.54 57,738.46 27.7589 B 2,331.73 5,052.08 60,624.98 29.1466
C 2,448.32 5,304.69 63,656.32 30.6040
D 2,570.75 5,569.96 66,839.50 32.1344
E 2,699.28 5,848.44 70,181.28 33.7410
4107 Administrative Technician TTSSEA A 2,676.79 5,799.71 69,596.54 33.4599 B 2,810.65 6,089.74 73,076.90 35.1331
C 2,951.17 6,394.20 76,730.42 36.8896
D 3,098.74 6,713.94 80,567.24 38.7343
E 3,253.69 7,049.66 84,595.94 40.6711
3510 Airport Manager* TMMBU A 3,473.74 7,526.44 90,317.24 43.4218 B 3,647.41 7,902.72 94,832.66 45.5926
C 3,829.78 8,297.86 99,574.28 47.8723
D 4,021.26 8,712.73 104,552.76 50.2658
E 4,222.32 9,148.36 109,780.32 52.7790
5522 Animal Services Aide TEAMSTERS A 1,485.35 3,218.26 38,619.10 18.5669 B 1,559.62 3,379.18 40,550.12 19.4953
C 1,637.62 3,548.18 42,578.12 20.4703
D 1,719.49 3,725.56 44,706.74 21.4936
E 1,805.46 3,911.83 46,941.96 22.5683
Employees marked with an * (asterisk) are salaried 1

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
3620 Animal Services Manager* TMMBU A 3,731.54 8,085.00 97,020.04 46.6443 B 3,918.12 8,489.26 101,871.12 48.9765
C 4,114.03 8,913.73 106,964.78 51.4254
D 4,319.72 9,359.39 112,312.72 53.9965
E 4,535.71 9,827.37 117,928.46 56.6964
5521 Animal Services Officer I TEAMSTERS A 2,067.32 4,479.19 53,750.32 25.8415 B 2,170.66 4,703.10 56,437.16 27.1333
C 2,279.18 4,938.22 59,258.68 28.4898
D 2,393.14 5,185.14 62,221.64 29.9143
E 2,512.82 5,444.44 65,333.32 31.4103
5523 Animal Services Officer II TEAMSTERS A 2,269.74 4,917.77 59,013.24 28.3718 B 2,383.22 5,163.64 61,963.72 29.7903
C 2,502.40 5,421.87 65,062.40 31.2800
D 2,627.51 5,692.94 68,315.26 32.8439
E 2,758.91 5,977.64 71,731.66 34.4864
3621 Animal Services Supervisor TMMBU A 2,764.97 5,990.77 71,889.22 34.5621 NON EXEMPT B 2,903.22 6,290.31 75,483.72 36.2903
C 3,048.37 6,604.80 79,257.62 38.1046
D 3,200.79 6,935.05 83,220.54 40.0099
E 3,360.83 7,281.80 87,381.58 42.0104
2573 Assistant City Attorney* CONF A 6,298.08 13,645.84 163,750.08 78.7260 B 6,612.97 14,328.10 171,937.22 82.6621
C 6,943.62 15,044.51 180,534.12 86.7953
D 7,290.80 15,796.73 189,560.80 91.1350
E 7,655.33 16,586.55 199,038.58 95.6916
3338 Assistant City Engineer* TMMBU A 5,303.20 11,490.27 137,883.20 66.2900 B 5,582.32 12,095.03 145,140.32 69.7790
C 5,876.13 12,731.62 152,779.38 73.4516
D 6,185.40 13,401.70 160,820.40 77.3175
E 6,510.94 14,107.04 169,284.44 81.3868
1502 Assistant City Manager* DH Min 9,173.88 19,876.74 238,520.89 114.6735 Max 9,838.86 21,317.53 255,810.35 122.9858
2682 Assistant Director DES* CONF A 6,015.05 13,032.61 156,391.30 75.1881 B 6,315.80 13,684.23 164,210.80 78.9475
C 6,631.58 14,368.42 172,421.08 82.8948
D 6,963.15 15,086.83 181,041.90 87.0394
E 7,311.31 15,841.17 190,094.06 91.3914
2681 Assistant Director DES/City Engineer* CONF A 6,301.83 13,653.97 163,847.58 78.7729 B 6,616.92 14,336.66 172,039.92 82.7115
C 6,947.77 15,053.50 180,642.02 86.8471
D 7,295.15 15,806.16 189,673.90 91.1894
E 7,659.93 16,596.52 199,158.18 95.7491
2635 Assistant Director Operations* CONF A 6,015.05 13,032.61 156,391.30 75.1881 B 6,315.80 13,684.23 164,210.80 78.9475
C 6,631.58 14,368.42 172,421.08 82.8948
D 6,963.15 15,086.83 181,041.90 87.0394
E 7,311.31 15,841.17 190,094.06 91.3914
Employees marked with an * (asterisk) are salaried 2

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
2636 Assistant Director Utilities* CONF A 6,015.05 13,032.61 156,391.30 75.1881 B 6,315.80 13,684.23 164,210.80 78.9475
C 6,631.58 14,368.42 172,421.08 82.8948
D 6,963.15 15,086.83 181,041.90 87.0394
E 7,311.31 15,841.17 190,094.06 91.3914
3302 Assistant Engineer* TMMBU A 3,577.55 7,751.36 93,016.30 44.7194 B 3,756.40 8,138.87 97,666.40 46.9550
C 3,944.23 8,545.83 102,549.98 49.3029
D 4,141.44 8,973.12 107,677.44 51.7680
E 4,348.52 9,421.79 113,061.52 54.3565
5232 Assistant Planner TEAMSTERS A 2,969.79 6,434.55 77,214.54 37.1224 B 3,118.28 6,756.27 81,075.28 38.9785
C 3,274.19 7,094.08 85,128.94 40.9274
D 3,437.90 7,448.78 89,385.40 42.9738
E 3,609.80 7,821.23 93,854.80 45.1225
2580 Assistant to the City Manager* CONF A 4,947.25 10,719.04 128,628.50 61.8406 B 5,194.61 11,254.99 135,059.86 64.9326
C 5,454.35 11,817.76 141,813.10 68.1794
D 5,727.07 12,408.65 148,903.82 71.5884
E 6,013.44 13,029.12 156,349.44 75.1680
3333 Associate Engineer* TMMBU A 4,019.01 8,707.86 104,494.26 50.2376 B 4,219.94 9,143.20 109,718.44 52.7493
C 4,430.96 9,600.41 115,204.96 55.3870
D 4,652.49 10,080.40 120,964.74 58.1561
E 4,885.11 10,584.41 127,012.86 61.0639
3303 Associate Civil Engineer* TMMBU A 4,019.01 8,707.86 104,494.26 50.2376 B 4,219.94 9,143.20 109,718.44 52.7493
C 4,430.96 9,600.41 115,204.96 55.3870
D 4,652.49 10,080.40 120,964.74 58.1561
E 4,885.11 10,584.41 127,012.86 61.0639
3202 Associate Planner* TMMBU A 3,401.20 7,369.27 88,431.20 42.5150 B 3,571.26 7,737.73 92,852.76 44.6408
C 3,749.82 8,124.61 97,495.32 46.8728
D 3,937.31 8,530.84 102,370.06 49.2164
E 4,134.19 8,957.41 107,488.94 51.6774
4451 Box Office Assistant TTSSEA A 1,951.79 4,228.88 50,746.54 24.3974 B 2,049.39 4,440.35 53,284.14 25.6174
C 2,151.86 4,662.36 55,948.36 26.8983
D 2,259.44 4,895.45 58,745.44 28.2430
E 2,372.44 5,140.29 61,683.44 29.6555
4455 Box Office Coordinator TTSSEA A 2,580.47 5,591.02 67,092.22 32.2559 B 2,709.51 5,870.61 70,447.26 33.8689
C 2,844.97 6,164.10 73,969.22 35.5621
D 2,987.22 6,472.31 77,667.72 37.3403
E 3,136.58 6,795.92 81,551.08 39.2073
Employees marked with an * (asterisk) are salaried 3

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
3104 Budget Officer* CONF A 4,569.96 9,901.58 118,818.96 57.1245 B 4,798.45 10,396.64 124,759.70 59.9806
C 5,038.37 10,916.47 130,997.62 62.9796
D 5,290.30 11,462.32 137,547.80 66.1288
E 5,554.82 12,035.44 144,425.32 69.4353
5211 Building Inspector I TEAMSTERS A 2,665.08 5,774.34 69,292.08 33.3135 B 2,798.33 6,063.05 72,756.58 34.9791
C 2,938.25 6,366.21 76,394.50 36.7281
D 3,085.17 6,684.54 80,214.42 38.5646
E 3,239.42 7,018.74 84,224.92 40.4928
5212 Building Inspector II TEAMSTERS A 3,403.75 7,374.79 88,497.50 42.5469 B 3,573.95 7,743.56 92,922.70 44.6744
C 3,752.63 8,130.70 97,568.38 46.9079
D 3,940.27 8,537.25 102,447.02 49.2534
E 4,137.26 8,964.06 107,568.76 51.7158
5320 Building Maintenance Worker I TEAMSTERS A 2,261.97 4,900.94 58,811.22 28.2746 B 2,375.08 5,146.01 61,752.08 29.6885
C 2,493.84 5,403.32 64,839.84 31.1730
D 2,618.53 5,673.48 68,081.78 32.7316
E 2,749.46 5,957.16 71,485.96 34.3683
5321 Building Maintenance Worker II TEAMSTERS A 2,381.03 5,158.90 61,906.78 29.7629 B 2,500.09 5,416.86 65,002.34 31.2511
C 2,625.09 5,687.70 68,252.34 32.8136
D 2,756.34 5,972.07 71,664.84 34.4543
E 2,894.17 6,270.70 75,248.42 36.1771
3341 Building Official* TMMBU A 5,155.45 11,170.14 134,041.70 64.4431 B 5,413.21 11,728.62 140,743.46 67.6651
C 5,683.88 12,315.07 147,780.88 71.0485
D 5,968.07 12,930.82 155,169.82 74.6009
E 6,266.48 13,577.37 162,928.48 78.3310
4501 Building Permit Technician I TTSSEA A 2,471.54 5,355.00 64,260.04 30.8943 B 2,595.13 5,622.78 67,473.38 32.4391
C 2,724.87 5,903.89 70,846.62 34.0609
D 2,861.12 6,199.09 74,389.12 35.7640
E 3,004.18 6,509.06 78,108.68 37.5523
4502 Building Permit Technician II TTSSEA A 2,601.62 5,636.84 67,642.12 32.5203 B 2,731.71 5,918.71 71,024.46 34.1464
C 2,868.29 6,214.63 74,575.54 35.8536
D 3,011.71 6,525.37 78,304.46 37.6464
E 3,162.30 6,851.65 82,219.80 39.5288
XXXX Chief Innovation Officer* DH Min 6,866.78 14,878.03 178,536.32 85.8348 Max 8,339.89 18,069.77 216,837.24 104.2486
1506 City Attorney* CONTRACT 9,548.10 20,687.55 248,250.60 119.3513 Employees marked with an * (asterisk) are salaried 4

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
3110 City Clerk* TMMBU A 4,580.59 9,924.61 119,095.34 57.2574 B 4,809.63 10,420.87 125,050.38 60.1204
C 5,050.10 10,941.88 131,302.60 63.1263
D 5,302.60 11,488.97 137,867.60 66.2825
E 5,567.73 12,063.42 144,760.98 69.5966
1102 City Council Member* 432.00 936.00 11,232.00
1501 City Manager* CONTRACT 10,396.82 22,526.44 270,317.32 129.9603 1112 City Treasurer* 496.16 1,075.01 12,900.16
9107 Clerical LS A 15.0000
B 15.7500
C 16.5400
D 17.3600
E 18.2300
3155 Code Compliance Analyst* TMMBU A 3,607.67 7,816.62 93,799.42 45.0959 B 3,788.05 8,207.44 98,489.30 47.3506
C 3,977.45 8,617.81 103,413.70 49.7181
D 4,176.33 9,048.72 108,584.58 52.2041
E 4,385.15 9,501.16 114,013.90 54.8144
5202 Code Enforcement Officer TEAMSTERS A 2,752.99 5,964.81 71,577.74 34.4124 B 2,890.63 6,263.03 75,156.38 36.1329
C 3,035.17 6,576.20 78,914.42 37.9396
D 3,186.92 6,904.99 82,859.92 39.8365
E 3,346.27 7,250.25 87,003.02 41.8284
3315 Community Preservation Manager* TMMBU A 4,019.01 8,707.86 104,494.26 50.2376 B 4,219.94 9,143.20 109,718.44 52.7493
C 4,430.96 9,600.41 115,204.96 55.3870
D 4,652.49 10,080.40 120,964.74 58.1561
E 4,885.11 10,584.41 127,012.86 61.0639
5513 Community Services Officer TEAMSTERS A 2,403.89 5,208.43 62,501.14 30.0486 B 2,524.09 5,468.86 65,626.34 31.5511
C 2,650.26 5,742.23 68,906.76 33.1283
D 2,782.79 6,029.38 72,352.54 34.7849
E 2,921.95 6,330.89 75,970.70 36.5244
5222 Construction Inspector I TEAMSTERS A 3,089.33 6,693.55 80,322.58 38.6166 B 3,243.82 7,028.28 84,339.32 40.5478
C 3,405.99 7,379.65 88,555.74 42.5749
D 3,576.29 7,748.63 92,983.54 44.7036
E 3,755.13 8,136.12 97,633.38 46.9391
5223 Construction Inspector II TEAMSTERS A 3,243.62 7,027.84 84,334.12 40.5453 B 3,405.80 7,379.23 88,550.80 42.5725
C 3,576.09 7,748.20 92,978.34 44.7011
D 3,754.92 8,135.66 97,627.92 46.9365
E 3,942.65 8,542.41 102,508.90 49.2831
Employees marked with an * (asterisk) are salaried 5

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
4605 Crime Analyst TTSSEA A 2,920.43 6,327.60 75,931.18 36.5054 B 3,066.45 6,643.98 79,727.70 38.3306
C 3,219.79 6,976.21 83,714.54 40.2474
D 3,380.78 7,325.02 87,900.28 42.2598
E 3,549.80 7,691.23 92,294.80 44.3725
5514 Crime Prevention Specialist TEAMSTERS A 2,490.06 5,395.13 64,741.56 31.1258 B 2,614.59 5,664.95 67,979.34 32.6824
C 2,745.32 5,948.19 71,378.32 34.3165
D 2,882.56 6,245.55 74,946.56 36.0320
E 3,026.69 6,557.83 78,693.94 37.8336
3622 Crime Scene Property Unit Supervisor TMMBU A 2,828.95 6,129.39 73,552.70 35.3619 Non-Exempt B 2,970.39 6,435.85 77,230.14 37.1299
C 3,118.89 6,757.60 81,091.14 38.9861
D 3,274.83 7,095.47 85,145.58 40.9354
E 3,438.57 7,450.24 89,402.82 42.9821
5517 Crime Scene Technician TEAMSTERS A 2,696.73 5,842.92 70,114.98 33.7091 B 2,831.54 6,135.00 73,620.04 35.3943
C 2,973.13 6,441.78 77,301.38 37.1641
D 3,121.79 6,763.88 81,166.54 39.0224
E 3,277.88 7,102.07 85,224.88 40.9735
1108 Cultural Arts Commissioner Stipend of $50.00 per meeting 3162 Cultural Arts Division Manager* TMMBU A 4,827.54 10,459.67 125,516.04 60.3443 B 5,068.92 10,982.66 131,791.92 63.3615
C 5,322.37 11,531.80 138,381.62 66.5296
D 5,588.47 12,108.35 145,300.22 69.8559
E 5,867.89 12,713.76 152,565.14 73.3486
4459 Cultural Arts Program Coordinator TTSSEA A 2,580.47 5,591.02 67,092.22 32.2559 B 2,709.51 5,870.61 70,447.26 33.8689
C 2,844.97 6,164.10 73,969.22 35.5621
D 2,987.22 6,472.31 77,667.72 37.3403
E 3,136.58 6,795.92 81,551.08 39.2073
3524 Cultural Arts Supervisor* TMMBU A 3,731.54 8,085.00 97,020.04 46.6443 B 3,918.12 8,489.26 101,871.12 48.9765
C 4,114.03 8,913.73 106,964.78 51.4254
D 4,319.72 9,359.39 112,312.72 53.9965
E 4,535.71 9,827.37 117,928.46 56.6964
4461 Cultural Arts Technical Coordinator TTSSEA A 2,166.98 4,695.12 56,341.48 27.0873 B 2,275.31 4,929.84 59,158.06 28.4414
C 2,389.09 5,176.36 62,116.34 29.8636
D 2,508.53 5,435.15 65,221.78 31.3566
E 2,633.95 5,706.89 68,482.70 32.9244
3523 Cultural Arts Technical Supervisor* TMMBU A 3,097.74 6,711.77 80,541.24 38.7218 B 3,252.64 7,047.39 84,568.64 40.6580
C 3,415.26 7,399.73 88,796.76 42.6908
D 3,586.03 7,769.73 93,236.78 44.8254
E 3,765.34 8,158.24 97,898.84 47.0668
Employees marked with an * (asterisk) are salaried 6

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
9552 D.A.R.E Officer LS A 36.3700
B 38.1900
C 40.1000
D 42.1000
E 44.2100
2571 Deputy City Attorney I* CONF A 4,944.78 10,713.69 128,564.28 61.8098 B 5,192.02 11,249.38 134,992.52 64.9003
C 5,451.63 11,811.87 141,742.38 68.1454
D 5,724.21 12,402.46 148,829.46 71.5526
E 6,010.41 13,022.56 156,270.66 75.1301
2572 Deputy City Attorney II* CONF A 5,439.27 11,785.09 141,421.02 67.9909 B 5,711.24 12,374.35 148,492.24 71.3905
C 5,996.80 12,993.07 155,916.80 74.9600
D 6,296.65 13,642.74 163,712.90 78.7081
E 6,611.47 14,324.85 171,898.22 82.6434
4116 Deputy City Clerk TTSSEA A 2,875.19 6,229.58 74,754.94 35.9399 B 3,018.96 6,541.08 78,492.96 37.7370
C 3,169.90 6,868.12 82,417.40 39.6238
D 3,328.41 7,211.56 86,538.66 41.6051
E 3,494.82 7,572.11 90,865.32 43.6853
1515 Director of Development Services * DH Min 7,359.88 15,946.41 191,356.86 91.9985 Max 8,944.42 19,379.57 232,554.86 111.8053
1522 Director of Finance* DH Min 6,866.78 14,878.03 178,536.32 85.8348 Max 8,339.89 18,069.77 216,837.24 104.2486
1518 Director of Human Resources* DH Min 6,866.78 14,878.03 178,536.32 85.8348 Max 8,339.89 18,069.77 216,837.19 104.2486
1527 Director of Housing and Mobility * DH Min 6,866.78 14,878.03 178,536.32 85.8348 Max 8,339.89 18,069.77 216,837.19 104.2486
1524 Director of Operations and Utilities* DH Min 7,359.88 15,946.41 191,356.86 91.9985 Max 8,944.42 19,379.57 232,554.86 111.8053
1516 Dir
ector of Parks and Recreation* DH Min 6,866.78 14,878.03 178,536.32 85.8348 Max 8,339.89 18,069.77 216,837.19 104.2486
3208 Economic Development Mgmt Analyst I* TMMBU A 3,137.18 6,797.22 81,566.68 39.2148 B 3,294.03 7,137.07 85,644.78 41.1754
C 3,458.74 7,493.94 89,927.24 43.2343
D 3,631.67 7,868.62 94,423.42 45.3959
E 3,813.26 8,262.06 99,144.76 47.6658
3209 Economic Development Mgmt Analyst II* TMMBU A 3,607.67 7,816.62 93,799.42 45.0959 B 3,788.05 8,207.44 98,489.30 47.3506
C 3,977.45 8,617.81 103,413.70 49.7181
D 4,176.33 9,048.72 108,584.58 52.2041
E 4,385.15 9,501.16 114,013.90 54.8144
Employees marked with an * (asterisk) are salaried 7

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
3207 Economic Development Manager* TMMBU A 4,459.37 9,661.97 115,943.62 55.7421 B 4,682.34 10,145.07 121,740.84 58.5293
C 4,916.46 10,652.33 127,827.96 61.4558
D 5,162.28 11,184.94 134,219.28 64.5285
E 5,420.39 11,744.18 140,930.14 67.7549
5325 Electrician TEAMSTERS A 3,416.90 7,403.28 88,839.40 42.7113 B 3,587.76 7,773.48 93,281.76 44.8470
C 3,767.16 8,162.18 97,946.16 47.0895
D 3,955.50 8,570.25 102,843.00 49.4438
E 4,153.28 8,998.77 107,985.28 51.9160
5221 Engineering Technician I TEAMSTERS A 2,719.53 5,892.32 70,707.78 33.9941 B 2,855.50 6,186.92 74,243.00 35.6938
C 2,998.27 6,496.25 77,955.02 37.4784
D 3,148.18 6,821.06 81,852.68 39.3523
E 3,305.61 7,162.16 85,945.86 41.3201
5225 Engineering Technician II TEAMSTERS A 2,855.51 6,186.94 74,243.26 35.6939 B 2,998.29 6,496.30 77,955.54 37.4786
C 3,148.21 6,821.12 81,853.46 39.3526
D 3,305.64 7,162.22 85,946.64 41.3205
E 3,470.88 7,520.24 90,242.88 43.3860
3412 Environmental Compliance Analyst TMMBU A 3,137.18 6,797.22 81,566.68 39.2148 Non-Exempt B 3,294.03 7,137.07 85,644.78 41.1754
C 3,458.74 7,493.94 89,927.24 43.2343
D 3,631.67 7,868.62 94,423.42 45.3959
E 3,813.26 8,262.06 99,144.76 47.6658
5424 Environmental Compliance Technician TEAMSTERS A 2,471.96 5,355.92 64,270.98 30.8995 B 2,595.56 5,623.71 67,484.53 32.4445
C 2,725.34 5,904.90 70,858.76 34.0667
D 2,861.60 6,200.14 74,401.70 35.7700
E 3,004.68 6,510.15 78,121.78 37.5585
5313 Equipment Mechanic I TEAMSTERS A 2,499.33 5,415.22 64,982.58 31.2416 B 2,624.29 5,685.96 68,231.54 32.8036
C 2,755.50 5,970.25 71,643.00 34.4438
D 2,893.27 6,268.75 75,225.02 36.1659
E 3,037.93 6,582.18 78,986.18 37.9741
5314 Equipment Mechanic II TEAMSTERS A 2,624.28 5,685.94 68,231.28 32.8035 B 2,755.50 5,970.25 71,643.00 34.4438
C 2,893.26 6,268.73 75,224.76 36.1658
D 3,037.93 6,582.18 78,986.18 37.9741
E 3,189.82 6,911.28 82,935.32 39.8728
4108 Executive Assistant TTSSEA A 2,636.03 5,711.40 68,536.78 32.9504 B 2,767.83 5,996.97 71,963.58 34.5979
C 2,906.22 6,296.81 75,561.72 36.3278
D 3,051.54 6,611.67 79,340.04 38.1443
E 3,204.11 6,942.24 83,306.86 40.0514
Employees marked with an * (asterisk) are salaried 8

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
8108 Executive Assistant - Confidential CONF A 2,701.40 5,853.03 70,236.40 33.7675 B 2,836.48 6,145.71 73,748.48 35.4560
C 2,978.30 6,452.98 77,435.80 37.2288
D 3,127.20 6,775.60 81,307.20 39.0900
E 3,283.57 7,114.40 85,372.82 41.0446
2581 Executive Assistant to City Manager CONF A 3,085.18 6,684.56 80,214.68 38.5648 B 3,239.43 7,018.77 84,225.18 40.4929
C 3,401.40 7,369.70 88,436.40 42.5175
D 3,571.48 7,738.21 92,858.48 44.6435
E 3,750.04 8,125.09 97,501.04 46.8755
9635 Facility Attendant LS A 19.8000
B 20.7900
C 21.8300
D 22.9200
E 24.0700
3404 Fleet Supervisor* TMMBU A 3,473.74 7,526.44 90,317.24 43.4218 B 3,647.41 7,902.72 94,832.66 45.5926
C 3,829.78 8,297.86 99,574.28 47.8723
D 4,021.26 8,712.73 104,552.76 50.2658
E 4,222.32 9,148.36 109,780.32 52.7790
3120 GIS Analyst * TMMBU A 3,607.67 7,816.62 93,799.42 45.0959 B 3,788.05 8,207.44 98,489.30 47.3506
C 3,977.45 8,617.81 103,413.70 49.7181
D 4,176.33 9,048.72 108,584.58 52.2041
E 4,385.15 9,501.16 114,013.90 54.8144
4206 GIS Technician TTSSEA A 2,920.43 6,327.60 75,931.18 36.5054 B 3,066.45 6,643.98 79,727.70 38.3306
C 3,219.79 6,976.21 83,714.54 40.2474
D 3,380.78 7,325.02 87,900.28 42.2598
E 3,549.80 7,691.23 92,294.80 44.3725
3215 Homeless Services Manager* TMMBU A 4,459.37 9,661.97 115,943.62 55.7421 B 4,682.34 10,145.07 121,740.84 58.5293
C 4,916.46 10,652.33 127,827.96 61.4558
D 5,162.28 11,184.94 134,219.28 64.5285
E 5,420.39 11,744.18 140,930.14 67.7549
2511 Human Resources Analyst I* CONF A 3,214.99 6,965.81 83,589.74 40.1874 B 3,375.74 7,314.10 87,769.24 42.1968
C 3,544.51 7,679.77 92,157.26 44.3064
D 3,721.74 8,063.77 96,765.24 46.5218
E 3,907.83 8,466.97 101,603.58 48.8479
2512 Human Resources Analyst II* CONF A 3,697.13 8,010.45 96,125.38 46.2141 B 3,881.99 8,410.98 100,931.74 48.5249
C 4,076.08 8,831.51 105,978.08 50.9510
D 4,279.90 9,273.12 111,277.40 53.4988
E 4,493.90 9,736.78 116,841.40 56.1738
Employees marked with an * (asterisk) are salaried 9

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
2562 Human Resources Manager* CONF A 4,947.25 10,719.04 128,628.50 61.8406 B 5,194.61 11,254.99 135,059.86 64.9326
C 5,454.35 11,817.76 141,813.10 68.1794
D 5,727.07 12,408.65 148,903.82 71.5884
E 6,013.44 13,029.12 156,349.44 75.1680
4301 Human Resources Technician CONF A 2,743.19 5,943.58 71,322.94 34.2899 B 2,880.35 6,240.76 74,889.10 36.0044
C 3,024.37 6,552.80 78,633.62 37.8046
D 3,175.59 6,880.45 82,565.34 39.6949
E 3,334.37 7,224.47 86,693.62 41.6796
4204 Information Systems Technician I TTSSEA A 2,539.52 5,502.29 66,027.52 31.7440 B 2,666.49 5,777.40 69,328.74 33.3311
C 2,799.83 6,066.30 72,795.58 34.9979
D 2,939.82 6,369.61 76,435.32 36.7478
E 3,086.81 6,688.09 80,257.06 38.5851
4205 Information Systems Technician II TTSSEA A 2,920.43 6,327.60 75,931.18 36.5054 B 3,066.45 6,643.98 79,727.70 38.3306
C 3,219.79 6,976.21 83,714.54 40.2474
D 3,380.78 7,325.02 87,900.28 42.2598
E 3,549.80 7,691.23 92,294.80 44.3725
2553 Information Technology Manager* CONF A 4,947.25 10,719.04 128,628.50 61.8406 B 5,194.61 11,254.99 135,059.86 64.9326
C 5,454.35 11,817.76 141,813.10 68.1794
D 5,727.07 12,408.65 148,903.82 71.5884
E 6,013.44 13,029.12 156,349.44 75.1680
3111 Information Technology Specialist* TMMBU A 3,504.53 7,593.15 91,117.78 43.8066 B 3,679.78 7,972.86 95,674.28 45.9973
C 3,863.76 8,371.48 100,457.76 48.2970
D 4,056.93 8,790.02 105,480.18 50.7116
E 4,259.78 9,229.52 110,754.28 53.2473
5413 Instrumentation Technician TEAMSTERS A 3,172.41 6,873.56 82,482.66 39.6551 B 3,331.03 7,217.23 86,606.78 41.6379
C 3,497.59 7,578.11 90,937.34 43.7199
D 3,672.45 7,956.98 95,483.70 45.9056
E 3,856.08 8,354.84 100,258.08 48.2010
9108 Intern-Generalist LS A 20.5500
B 21.5800
C 22.6600
D 23.7900
E 24.9800
5224 Junior Engineer TEAMSTERS A 3,140.61 6,804.66 81,655.86 39.2576 B 3,297.64 7,144.89 85,738.64 41.2205
C 3,462.51 7,502.11 90,025.26 43.2814
D 3,635.64 7,877.22 94,526.64 45.4455
E 3,817.43 8,271.10 99,253.18 47.7179
Employees marked with an * (asterisk) are salaried 10

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
5423 Laboratory Quality Assurance Officer* TMMBU A 2,914.59 6,314.95 75,779.34 36.4324 B 3,060.34 6,630.74 79,568.84 38.2543
C 3,213.35 6,962.26 83,547.10 40.1669
D 3,374.01 7,310.36 87,724.26 42.1751
E 3,542.72 7,675.89 92,110.72 44.2840
5421 Laboratory Technician I TEAMSTERS A 2,467.86 5,347.03 64,164.36 30.8483 B 2,591.23 5,614.33 67,371.98 32.3904
C 2,720.82 5,895.11 70,741.32 34.0103
D 2,856.85 6,189.84 74,278.10 35.7106
E 2,999.68 6,499.31 77,991.68 37.4960
5422 Laboratory Technician II TEAMSTERS A 2,579.16 5,588.18 67,058.16 32.2395 B 2,708.12 5,867.59 70,411.12 33.8515
C 2,843.53 6,160.98 73,931.78 35.5441
D 2,985.70 6,469.02 77,628.20 37.3213
E 3,134.98 6,792.46 81,509.48 39.1873
3508 Landscape Architect* TMMBU A 3,968.44 8,598.29 103,179.44 49.6055 B 4,166.85 9,028.18 108,338.10 52.0856
C 4,375.19 9,479.58 113,754.94 54.6899
D 4,593.95 9,953.56 119,442.70 57.4244
E 4,823.67 10,451.29 125,415.42 60.2959
4109 Legal Secretary CONF A 2,946.50 6,384.08 76,609.00 36.8313 B 3,093.82 6,703.28 80,439.32 38.6728
C 3,248.52 7,038.46 84,461.52 40.6065
D 3,410.95 7,390.39 88,684.70 42.6369
E 3,581.50 7,759.92 93,119.00 44.7688
9636 Lifeguard LS A 15.0000
B 15.7500
C 16.5400
D 17.3600
E 18.2300
9303 Maintenance Aide LS A 17.4500
B 18.3200
C 19.2300
D 20.1900
E 21.2000
5301 Maintenance Worker I TEAMSTERS A 1,839.58 3,985.76 47,829.08 22.9948 B 1,931.57 4,185.07 50,220.82 24.1446
C 2,028.14 4,394.30 52,731.64 25.3518
D 2,129.55 4,614.03 55,368.30 26.6194
E 2,236.03 4,844.73 58,136.78 27.9504
5303 Maintenance Worker II TEAMSTERS A 2,336.62 5,062.68 60,752.12 29.2078 B 2,453.45 5,315.81 63,789.70 30.6681
C 2,576.11 5,581.57 66,978.86 32.2014
D 2,704.91 5,860.64 70,327.66 33.8114
E 2,840.15 6,153.66 73,843.90 35.5019
Employees marked with an * (asterisk) are salaried 11

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
3151 Management Analyst I* TMMBU A 3,137.18 6,797.22 81,566.68 39.2148 B 3,294.03 7,137.07 85,644.78 41.1754
C 3,458.74 7,493.94 89,927.24 43.2343
D 3,631.67 7,868.62 94,423.42 45.3959
E 3,813.26 8,262.06 99,144.76 47.6658
3152 Management Analyst II* TMMBU A 3,607.67 7,816.62 93,799.42 45.0959 B 3,788.05 8,207.44 98,489.30 47.3506
C 3,977.45 8,617.81 103,413.70 49.7181
D 4,176.33 9,048.72 108,584.58 52.2041
E 4,385.15 9,501.16 114,013.90 54.8144
4463 Marketing Coordinator TTSSEA A 2,580.47 5,591.02 67,092.22 32.2559 B 2,709.51 5,870.61 70,447.26 33.8689
C 2,844.97 6,164.10 73,969.22 35.5621
D 2,987.22 6,472.31 77,667.72 37.3403
E 3,136.58 6,795.92 81,551.08 39.2073
1101 Mayor* 478.15 1,036.00 12,432.00
3527 Media Services Supervisor TMMBU A 3,097.74 6,711.77 80,541.24 38.7218 Non-Exempt B 3,252.64 7,047.39 84,568.64 40.6580
C 3,415.26 7,399.73 88,796.76 42.6908
D 3,586.03 7,769.73 93,236.78 44.8254
E 3,765.34 8,158.24 97,898.84 47.0668
5531 Meter Reader TEAMSTERS A 1,593.97 3,453.60 41,443.22 19.9246 B 1,673.66 3,626.26 43,515.16 20.9208
C 1,757.34 3,807.57 45,690.84 21.9668
D 1,845.20 3,997.93 47,975.20 23.0650
E 1,937.47 4,197.85 50,374.22 24.2184
4212 Multimedia Communications Assistant TTSSEA A 2,166.98 4,695.12 56,341.48 27.0873 B 2,275.31 4,929.84 59,158.06 28.4414
C 2,389.09 5,176.36 62,116.34 29.8636
D 2,508.53 5,435.15 65,221.78 31.3566
E 2,633.95 5,706.89 68,482.70 32.9244
4210 Multimedia Communications Coordinator TTSSEA A 2,580.47 5,591.02 67,092.22 32.2559 B 2,709.51 5,870.61 70,447.26 33.8689
C 2,844.97 6,164.10 73,969.22 35.5621
D 2,987.22 6,472.31 77,667.72 37.3403
E 3,136.58 6,795.92 81,551.08 39.2073
4105 Office Assistant TTSSEA A 1,774.36 3,844.45 46,133.36 22.1795 B 1,863.06 4,036.63 48,439.56 23.2883
C 1,956.23 4,238.50 50,861.98 24.4529
D 2,054.05 4,450.44 53,405.30 25.6756
E 2,156.75 4,672.96 56,075.50 26.9594
1107 Parks Commissioner Stipend of $50.00 per meeting
Employees marked with an * (asterisk) are salaried 12

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
3509 Parks Planning & Development TMMBU A 3,968.44 8,598.29 103,179.44 49.6055 Manager* B 4,166.85 9,028.18 108,338.10 52.0856
C 4,375.19 9,479.58 113,754.94 54.6899
D 4,593.95 9,953.56 119,442.70 57.4244
E 4,823.67 10,451.29 125,415.42 60.2959
3507 Parks Project Coordinator* TMMBU A 3,450.31 7,475.67 89,708.06 43.1289 B 3,622.83 7,849.47 94,193.58 45.2854
C 3,803.98 8,241.96 98,903.48 47.5498
D 3,994.18 8,654.06 103,848.68 49.9273
E 4,193.88 9,086.74 109,040.88 52.4235
3306 Plan Check Engineer* TMMBU A 4,831.29 10,467.80 125,613.54 60.3911 B 5,072.85 10,991.18 131,894.10 63.4106
C 5,326.50 11,540.75 138,489.00 66.5813
D 5,592.83 12,117.80 145,413.58 69.9104
E 5,872.47 12,723.69 152,684.22 73.4059
5214 Plan Examiner I TEAMSTERS A 3,322.07 7,197.82 86,373.82 41.5259 B 3,488.21 7,557.79 90,693.46 43.6026
C 3,662.61 7,935.66 95,227.86 45.7826
D 3,845.72 8,332.39 99,988.72 48.0715
E 4,038.03 8,749.07 104,988.78 50.4754
5215 Plan Examiner II TEAMSTERS A 3,496.92 7,576.66 90,919.92 43.7115 B 3,671.80 7,955.57 95,466.80 45.8975
C 3,855.37 8,353.30 100,239.62 48.1921
D 4,048.13 8,770.95 105,251.38 50.6016
E 4,250.56 9,209.55 110,514.56 53.1320
1106 Planning Commissioner Stipend of $50.00 per meeting 4506 Planning Technician TTSSEA A 2,676.79 5,799.71 69,596.54 33.4599 B 2,810.65 6,089.74 73,076.90 35.1331
C 2,951.17 6,394.20 76,730.42 36.8896
D 3,098.74 6,713.94 80,567.24 38.7343
E 3,253.69 7,049.66 84,595.94 40.6711
6212 Police Captain* TPMA A 6,080.69 13,174.83 158,097.94 76.0086 B 6,384.73 13,833.58 166,002.98 79.8091
C 6,703.95 14,525.23 174,302.70 83.7994
D 7,039.15 15,251.49 183,017.90 87.9894
E 7,391.15 16,014.16 192,169.90 92.3894
1513 Police Chief* DH Min 7,818.77 16,940.67 203,288.08 97.7346 Max 9,503.80 20,591.57 247,098.82 118.7975
4603 Police Community Relations Coordinator TTSSEA A 2,580.47 5,591.02 67,092.22 32.2559 B 2,709.51 5,870.61 70,447.26 33.8689
C 2,844.97 6,164.10 73,969.22 35.5621
D 2,987.22 6,472.31 77,667.72 37.3403
E 3,136.58 6,795.92 81,551.08 39.2073
Employees marked with an * (asterisk) are salaried 13

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
6103 Police Corporal TPOA A 3,864.76 8,373.65 100,483.76 48.3095 B 4,058.01 8,792.36 105,508.26 50.7251
C 4,260.91 9,231.97 110,783.66 53.2614
D 4,473.97 9,693.60 116,323.22 55.9246
E 4,697.67 10,178.29 122,139.42 58.7209
4604 Police Homeless Outreach Coordinator TTSSEA A 2,580. 47 5,591.02 67,092.22 32.2559 B 2,709.
51 5,870.61 70,447.26 33.8689
C 2,844.
97 6,164.10 73,969.22 35.5621
D 2,987.
22 6,472.31 77,667.72 37.3403
E 3,136.
58 6,795.92 81,551.08 39.2073
9501 Poli
ce Intern/Parking Enforcement LS A 19.5000
Officer B 20.4800
C 21.5000
D 22.5700
E 23.7000
6211 Police Lieutenant* TPMA A 5,262.69 11,402.50 136,829.94 65.7836 B 5,525.82 11,972.61 143,671.32 69.0728
C 5,802.12 12,571.26 150,855.12 72.5265
D 6,092.22 13,199.81 158,397.72 76.1528
E 6,396.83 13,859.80 166,317.58 79.9604
6102 Police Officer TPOA A 3,513.42 7,612.41 91,348.92 43.9178 B 3,689.09 7,993.03 95,916.34 46.1136
C 3,873.55 8,392.69 100,712.30 48.4194
D 4,067.25 8,812.38 105,748.50 50.8406
E 4,270.61 9,252.99 111,035.86 53.3826
9517 Police Range Master LS A 31.1700
B 32.7300
C 34.3600
D 36.0800
E 37.8800
4103 P
olice Records Assistant I TTSSEA A 2,199.60 4,765.80 57,189.60 27.4950 B 2,309.59 5,004.11 60,049.34 28.8699
C 2,425.08 5,254.34 63,052.08 30.3135
D 2,546.31 5,517.01 66,204.06 31.8289
E 2,673.63 5,792.87 69,514.38 33.4204
4104 Police Records Assistant II TTSSEA A 2,309.56 5,004.05 60,048.56 28.8695 B 2,425.06 5,254.30 63,051.56 30.3133
C 2,546.28 5,516.94 66,203.28 31.8285
D 2,673.60 5,792.80 69,513.60 33.4200
E 2,807.29 6,
082.46 72,989.54 35.0911
3626 Police Records Supervisor* TMMBU A 3,152.78 6,831.02 81,972.28 39.4098 B 3,310.43 7,172.60 86,071.18 41.3804
C 3,475.94 7,531.20 90,374.44 43.4493
D 3,649.75 7,907.79 94,893.50 45.6219
E 3,832.22 8,303.14 99,637.72 47.9028
9551 Police Reserve LS A 40.5500
Employees marked with an * (asterisk) are salaried 14

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
6105 Police Sergeant TPOA A 4,233.88 9,173.41 110,080.88 52.9235 B 4,445.59 9,632.11 115,585.34 55.5699
C 4,667.88 10,113.74 121,364.88 58.3485
D 4,901.27 10,619.42 127,433.02 61.2659
E 5,146.33 11,150.38 133,804.58 64.3291
2712 Police Support Operations Manager* CONF A 5,599.57 12,132.40 145,588.82 69.9946 B 5,879.56 12,739.05 152,868.56 73.4945
C 6,173.52 13,375.96 160,511.52 77.1690
D 6,482.19 14,044.75 168,536.94 81.0274
E 6,806.31 14,747.01 176,964.06 85.0789
4701 Police Support Services Technician TTSSEA A 2,676.79 5,799.71 69,596.54 33.4599 B 2,810.65 6,089.74 73,076.90 35.1331
C 2,951.17 6,394.20 76,730.42 36.8896
D 3,098.74 6,713.94 80,567.24 38.7343
E 3,253.69 7,049.66 84,595.94 40.6711
6101 Police Trainee (Non-Sworn) TPOA A 3,055.05 6,619.28 79,431.30 38.1881 9638 Pool Manager LS A 21.3100
B 22.3800
C 23.4900
D 24.6700
E 25.9000
9533 Professional Standards Officer LS A 51.9500
B 54.5500
C 57.2800
D 60.1400
E 63.1500
9110 Program Assistant LS Min 15.0000
Max 25.8200
9231 Project Specialist I LS Min 15.0000
Max 50.0100
9232 Project Specialist II LS Min 50.0200
Max 140.9900
5518 Property and Evidence Technician TEAMSTERS A 2,372.18 5,139.72 61,676.68 29.6523 B 2,490.78 5,396.69 64,760.28 31.1348
C 2,615.33 5,666.55 67,998.58 32.6916
D 2,746.10 5,949.88 71,398.60 34.3263
E 2,883.39 6,247.35 74,968.14 36.0424
2585 Public Information Officer* CONF A 3,697.13 8,010.45 96,125.38 46.2141 B 3,881.99 8,410.98 100,931.74 48.5249
C 4,076.08 8,831.51 105,978.08 50.9510
D 4,279.90 9,273.12 111,277.40 53.4988
E 4,493.90 9,736.78 116,841.40 56.1738
Employees marked with an * (asterisk) are salaried 15

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
3623 Public Safety Dispatch Supervisor* TMMBU A 3,345.82 7,249.28 86,991.32 41.8228 B 3,513.10 7,611.72 91,340.60 43.9138
C 3,688.77 7,992.34 95,908.02 46.1096
D 3,873.20 8,391.93 100,703.20 48.4150
E 4,066.87 8,811.55 105,738.62 50.8359
5502 Public Safety Dispatcher I TEAMSTERS A 2,740.56 5,937.88 71,254.56 34.2570 B 2,877.57 6,234.74 74,816.82 35.9696
C 3,021.45 6,546.48 78,557.70 37.7681
D 3,172.52 6,873.79 82,485.52 39.6565
E 3,331.17 7,217.54 86,610.42 41.6396
5503 Public Safety Dispatcher II TEAMSTERS A 3,006.61 6,514.32 78,171.86 37.5826 B 3,156.93 6,840.02 82,080.18 39.4616
C 3,314.79 7,182.05 86,184.54 41.4349
D 3,480.52 7,541.13 90,493.52 43.5065
E 3,654.55 7,918.19 95,018.30 45.6819
9512 Public Safety Dispatcher II - Per Diem LS A 33.1100 B 34.7700
C 36.5100
D 38.3300
E 40.2500
3401 Public Works Superintendent* TMMBU A 4,169.06 9,032.96 108,395.56 52.1133 B 4,377.52 9,484.63 113,815.52 54.7190
C 4,596.40 9,958.87 119,506.40 57.4550
D 4,826.22 10,456.81 125,481.72 60.3278
E 5,067.52 10,979.63 131,755.52 63.3440
3405 Public Works Supervisor* TMMBU A 3,473.74 7,526.44 90,317.24 43.4218 B 3,647.41 7,902.72 94,832.66 45.5926
C 3,829.78 8,297.86 99,574.28 47.8723
D 4,021.26 8,712.73 104,552.76 50.2658
E 4,222.32 9,148.36 109,780.32 52.7790
3214 Real Property Agent* TMMBU A 3,450.31 7,475.67 89,708.06 43.1289 B 3,622.83 7,849.47 94,193.58 45.2854
C 3,803.98 8,241.96 98,903.48 47.5498
D 3,994.18 8,654.06 103,848.68 49.9273
E 4,193.88 9,086.74 109,040.88 52.4235
9631 Recreation Leader I LS A 15.0000
B 15.7500
C 16.5400
D 17.3600
E 18.2300
9632 Recreation Leader II LS A 18.7900
B 19.7300
C 20.7200
D 21.7500
E 22.8400
Employees marked with an * (asterisk) are salaried 16

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
9633 Recreation Leader III LS A 21.3100
B 22.3800
C 23.4900
D 24.6900
E 25.9000
4401 Recreation Program Coordinator TTSSEA A 2,580.47 5,591.02 67,092.22 32.2559 B 2,709.51 5,870.61 70,447.26 33.8689
C 2,844.97 6,164.10 73,969.22 35.5621
D 2,987.22 6,472.31 77,667.72 37.3403
E 3,136.58 6,795.92 81,551.08 39.2073
3513 Recreation Services Manager* TMMBU A 4,104.66 8,893.43 106,721.16 51.3083 B 4,309.91 9,338.14 112,057.66 53.8739
C 4,525.40 9,805.03 117,660.40 56.5675
D 4,751.68 10,295.31 123,543.68 59.3960
E 4,989.26 10,810.06 129,720.76 62.3658
3505 Recreation Services Supervisor* TMMBU A 3,731.53 8,084.98 97,019.78 46.6441 B 3,918.11 8,489.24 101,870.86 48.9764
C 4,114.02 8,913.71 106,964.52 51.4253
D 4,319.71 9,359.37 112,312.46 53.9964
E 4,535.69 9,827.33 117,927.94 56.6961
9626 Recreation Specialized Instructor LS Min 15.0000
Max 53.2100
4113 Senior Account Clerk TTSSEA A 2,399.11 5,198.07 62,376.86 29.9889 B 2,519.06 5,457.96 65,495.56 31.4883
C 2,645.02 5,730.88 68,770.52 33.0628
D 2,777.28 6,017.44 72,209.28 34.7160
E 2,916.13 6,318.28 75,819.38 36.4516
3105 Senior Accountant* TMMBU A 3,877.74 8,401.77 100,821.24 48.4718 B 4,071.64 8,821.89 105,862.64 50.8955
C 4,275.22 9,262.98 111,155.72 53.4403
D 4,488.99 9,726.15 116,713.74 56.1124
E 4,713.44 10,212.45 122,549.44 58.9180
4202 Senior Accounting Technician TTSSEA A 3,110.93 6,740.35 80,884.18 38.8866 B 3,266.48 7,077.37 84,928.48 40.8310
C 3,429.82 7,431.28 89,175.32 42.8728
D 3,601.31 7,802.84 93,634.06 45.0164
E 3,781.39 8,193.01 98,316.14 47.2674
5323 Senior Building Maintenance Worker TEAMSTERS A 2,637.49 5,714.56 68,574.74 32.9686 B 2,769.35 6,000.26 72,003.10 34.6169
C 2,907.81 6,300.26 75,603.06 36.3476
D 3,053.22 6,615.31 79,383.72 38.1653
E 3,205.90 6,946.12 83,353.40 40.0738
3304 Senior Civil Engineer* TMMBU A 4,831.42 10,468.08 125,616.92 60.3928 B 5,072.99 10,991.48 131,897.74 63.4124
C 5,326.65 11,541.08 138,492.90 66.5831
D 5,592.98 12,118.12 145,417.48 69.9123
E 5,872.63 12,724.03 152,688.38 73.4079
Employees marked with an * (asterisk) are salaried 17

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
5315 Senior Equipment Mechanic TEAMSTERS A 2,755.51 5,970.27 71,643.26 34.4439 B 2,893.27 6,268.75 75,225.02 36.1659
C 3,037.94 6,582.20 78,986.44 37.9743
D 3,189.83 6,911.30 82,935.58 39.8729
E 3,349.32 7,256.86 87,082.32 41.8665
4208 Senior Information Systems Technician TTSSEA A 3,212.47 6,960.35 83,524.22 40.1559 B 3,373.10 7,308.38 87,700.60 42.1638
C 3,541.76 7,673.81 92,085.76 44.2720
D 3,718.85 8,057.51 96,690.10 46.4856
E 3,904.78 8,460.36 101,524.28 48.8098
9637 Senior Lifeguard LS A 18.7900
B 19.7300
C 20.7200
D 21.7500
E 22.8400
5305 Senior Maintenance Worker TEAMSTERS A 2,572.37 5,573.47 66,881.62 32.1546 B 2,700.97 5,852.10 70,225.22 33.7621
C 2,836.02 6,144.71 73,736.52 35.4503
D 2,977.83 6,451.97 77,423.58 37.2229
E 3,126.71 6,774.54 81,294.46 39.0839
3203 Senior Planner* TMMBU A 4,141.65 8,973.58 107,682.90 51.7706 B 4,348.73 9,422.25 113,066.98 54.3591
C 4,566.18 9,893.39 118,720.68 57.0773
D 4,794.49 10,388.06 124,656.74 59.9311
E 5,034.21 10,907.46 130,889.46 62.9276
4410 Senior Police Records Assistant TTSSEA A 2,540.52 5,504.46 66,053.52 31.7565 B 2,667.57 5,779.74 69,356.82 33.3446
C 2,800.91 6,068.64 72,823.66 35.0114
D 2,940.96 6,372.08 76,464.96 36.7620
E 3,088.01 6,690.69 80,288.26 38.6001
5520 Senior Property & Evidence Technician TEAMSTERS A 2609.39 5653.68 67844.14 32.6174 B 2739.86 5936.36 71236.36 34.2483
C 2876.86 6233.20 74798.36 35.9608
D 3020.70 6544.85 78538.20 37.7588
E 3171.73 6872.08 82464.98 39.6466
5504 Senior Public Safety Dispatcher TEAMSTERS A 3,156.93 6,840.02 82,080.18 39.4616 B 3,314.79 7,182.05 86,184.54 41.4349
C 3,480.52 7,541.13 90,493.52 43.5065
D 3,654.55 7,918.19 95,018.30 45.6819
E 3,837.30 8,314.15 99,769.80 47.9663
5356 Senior Utilities Worker TEAMSTERS A 2,701.47 5,853.19 70,238.22 33.7684 B 2,836.42 6,145.58 73,746.92 35.4553
C 2,978.16 6,452.68 77,432.16 37.2270
D 3,127.53 6,776.32 81,315.78 39.0941
E 3,282.85 7,112.84 85,354.10 41.0356
Employees marked with an * (asterisk) are salaried 18

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
3343 Supervising Building Inspector* TMMBU A 3,968.44 8,598.29 103,179.44 49.6055 B 4,166.85 9,028.18 108,338.10 52.0856
C 4,375.19 9,479.58 113,754.94 54.6899
D 4,593.95 9,953.56 119,442.70 57.4244
E 4,823.67 10,451.29 125,415.42 60.2959
3345 Supervising Construction Inspector TMMBU A 3,865.09 8,374.36 100,492.34 48.3136 Non-Exempt B 4,058.34 8,793.07 105,516.84 50.7293
C 4,261.26 9,232.73 110,792.76 53.2658
D 4,474.31 9,694.34 116,332.06 55.9289
E 4,698.03 10,179.07 122,148.78 58.7254
3117 System Administrator* TMMBU A 3,607.67 7,816.62 93,799.42 45.0959 B 3,788.05 8,207.44 98,489.30 47.3506
C 3,977.45 8,617.81 103,413.70 49.7181
D 4,176.33 9,048.72 108,584.58 52.2041
E 4,385.15 9,501.16 114,013.90 54.8144
9361 Theatre Technician LS A 29.7100
B 31.1900
C 32.7500
D 34.3900
E 36.1100
4420 Transit Coordinator TTSSEA A 2,580.47 5,591.02 67,092.22 32.2559 B 2,709.51 5,870.61 70,447.26 33.8689
C 2,844.97 6,164.10 73,969.22 35.5621
D 2,987.22 6,472.31 77,667.72 37.3403
E 3,136.58 6,795.92 81,551.08 39.2073
3515 Transit Manager* TMMBU A 4,019.01 8,707.86 104,494.26 50.2376 B 4,219.94 9,143.20 109,718.44 52.7493
C 4,430.96 9,600.41 115,204.96 55.3870
D 4,652.49 10,080.40 120,964.74 58.1561
E 4,885.11 10,584.41 127,012.86 61.0639
1109 Transportation Commissioner Stipend of $50.00 per meeting 3424 Utilities Laboratory Superintendent* TMMBU A 4,169.06 9,032.96 108,395.56 52.1133 B 4,377.52 9,484.63 113,815.52 54.7190
C 4,596.40 9,958.87 119,506.40 57.4550
D 4,826.22 10,456.81 125,481.72 60.3278
E 5,067.52 10,979.63 131,755.52 63.3440
5350 Utilities Worker I TEAMSTERS A 1,930.84 4,183.49 50,201.84 24.1355 B 2,027.60 4,393.13 52,717.60 25.3450
C 2,128.59 4,611.95 55,343.34 26.6074
D 2,235.53 4,843.65 58,123.78 27.9441
E 2,348.41 5,088.22 61,058.66 29.3551
5353 Utilities Worker II TEAMSTERS A 2,452.80 5,314.40 63,772.80 30.6600 B 2,575.87 5,581.05 66,972.62 32.1984
C 2,704.02 5,858.71 70,304.52 33.8003
D 2,839.81 6,152.92 73,835.06 35.4976
E 2,981.55 6,460.03 77,520.30 37.2694
Employees marked with an * (asterisk) are salaried 19

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
3403 Utility Line Maintenance Superintendent* TMMBU A 4,247.72 9,203.39 110,440.72 53.0965 B 4,460.09 9,663.53 115,962.34 55.7511
C 4,683.10 10,146.72 121,760.60 58.5388
D 4,917.25 10,654.04 127,848.50 61.4656
E 5,163.11 11,186.74 134,240.86 64.5389
3423 Utility Maintenance Superintendent* TMMBU A 4,326.34 9,373.74 112,484.84 54.0793 B 4,542.65 9,842.41 118,108.90 56.7831
C 4,769.78 10,334.52 124,014.28 59.6223
D 5,008.27 10,851.25 130,215.02 62.6034
E 5,258.68 11,393.81 136,725.68 65.7335
3410 Utility Maintenance Supervisor* TMMBU A 3,605.27 7,811.42 93,737.02 45.0659 B 3,785.54 8,202.00 98,424.04 47.3193
C 3,974.81 8,612.09 103,345.06 49.6851
D 4,173.56 9,042.71 108,512.56 52.1695
E 4,382.24 9,494.85 113,938.24 54.7780
5411 Utility Mechanic I TEAMSTERS A 2,889.68 6,260.97 75,131.68 36.1210 B 3,034.16 6,574.01 78,888.16 37.9270
C 3,185.86 6,902.70 82,832.36 39.8233
D 3,345.16 7,247.85 86,974.16 41.8145
E 3,512.41 7,610.22 91,322.66 43.9051
5412 Utility Mechanic II TEAMSTERS A 2,961.90 6,417.45 77,009.40 37.0238 B 3,110.00 6,738.33 80,860.00 38.8750
C 3,265.50 7,075.25 84,903.00 40.8188
D 3,428.77 7,429.00 89,148.02 42.8596
E 3,600.21 7,800.46 93,605.46 45.0026
5404 Utility Operator TEAMSTERS A 3,463.00 7,503.17 90,038.00 43.2875 B 3,636.12 7,878.26 94,539.12 45.4515
C 3,817.94 8,272.20 99,266.44 47.7243
D 4,008.84 8,685.82 104,229.84 50.1105
E 4,209.28 9,120.11 109,441.28 52.6160
3422 Wastewater Operations Superintendent* TMMBU A 4,326.34 9,373.74 112,484.84 54.0793 B 4,542.65 9,842.41 118,108.90 56.7831
C 4,769.78 10,334.52 124,014.28 59.6223
D 5,008.27 10,851.25 130,215.02 62.6034
E 5,258.68 11,393.81 136,725.68 65.7335
5405 Wastewater Treatment Plant Operator I TEAMSTERS A 2,738.70 5,933.85 71,206.20 34.2338 B 2,875.62 6,230.51 74,766.12 35.9453
C 3,019.40 6,542.03 78,504.40 37.7425
D 3,170.38 6,869.16 82,429.88 39.6298
E 3,328.91 7,212.64 86,551.66 41.6114
5406 Wastewater Treatment Plant Operator II TEAMSTERS A 2,882.85 6,246.18 74,954.10 36.0356 B 3,026.96 6,558.41 78,700.96 37.8370
C 3,178.32 6,886.36 82,636.32 39.7290
D 3,337.25 7,230.71 86,768.50 41.7156
E 3,504.12 7,592.26 91,107.12 43.8015
Employees marked with an * (asterisk) are salaried 20

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 10/18/2022
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
5407 Wastewater Treatment Plant Operator III TEAMSTERS A 3,034.58 6,574.92 78,899.08 37.9323 B 3,186.27 6,903.59 82,843.02 39.8284
C 3,345.60 7,248.80 86,985.60 41.8200
D 3,512.90 7,611.28 91,335.40 43.9113
E 3,688.54 7,991.84 95,902.04 46.1068
3421 Water Operations Superintendent* TMMBU A 4,247.72 9,203.39 110,440.72 53.0965 B 4,460.09 9,663.53 115,962.34 55.7511
C 4,683.10 10,146.72 121,760.60 58.5388
D 4,917.25 10,654.04 127,848.50 61.4656
E 5,163.11 11,186.74 134,240.86 64.5389
9351 Water Patrol Aide LS A 17.7000
B 18.5900
C 19.5100
D 20.4900
E 21.5100
3415 Water Resources and Compliance Manage TMMBU A 4,019.01 8,707.86 104,494.26 50.2376 B 4,219.94 9,143.20 109,718.44 52.7493
C 4,430.96 9,600.41 115,204.96 55.3870
D 4,652.49 10,080.40 120,964.74 58.1561
E 4,885.11 10,584.41 127,012.86 61.0639
5401 Water Treatment Plant Operator I TEAMSTERS A 2,917.87 6,322.05 75,864.62 36.4734 B 3,063.77 6,638.17 79,658.02 38.2971
C 3,216.96 6,970.08 83,640.96 40.2120
D 3,377.80 7,318.57 87,822.80 42.2225
E 3,546.68 7,684.47 92,213.68 44.3335
5402 Water Treatment Plant Operator II TEAMSTERS A 3,071.44 6,654.79 79,857.44 38.3930 B 3,225.02 6,987.54 83,850.52 40.3128
C 3,386.28 7,336.94 88,043.28 42.3285
D 3,555.58 7,703.76 92,445.08 44.4448
E 3,733.36 8,088.95 97,067.36 46.6670
5403 Water Treatment Plant Operator III TEAMSTERS A 3,233.10 7,005.05 84,060.60 40.4138 B 3,394.76 7,355.31 88,263.76 42.4345
C 3,564.50 7,723.08 92,677.00 44.5563
D 3,742.72 8,109.23 97,310.72 46.7840
E 3,929.85 8,514.68 102,176.10 49.1231
Employees marked with an * (asterisk) are salaried 21

ATTACHMENT A
Octo ber 2022
FLSA: Exempt
CLASS CODE: XXXX
BARGAINING UNIT: DEPT. HEAD

CHIEF INNOVATION OFFICER
DEFIN
ITION
Under
administrative direction, plans, organizes, manages, and provides administrative direction and oversight for all functions and activities of the Innovation and Technology Department, including but not limited to information systems infrastructure, network administration, Geographic Information System (GIS) program, telecommunication systems, the City’s cable television channel and smart city initiatives; directs and administers the information technology support operations and activities of the City, which include installation, maintenance, and upgrade of all network, GIS, telecommunications, and computer infrastructure; serves as the chief architect for all City technology services; coordinates assigned activities with other City departments, officials, outside agencies, and the public; fosters cooperative working relationships among City departments and with intergovernmental and regulatory agencies and various public and private groups; provides highly responsible and complex professional assistance to the Assistant City Manager in areas of expertise; and performs related duties, as assigned.

SUPE

RVISION RECEIVED AND EXERCISED
Receiv
es administrative direction from assigned supervisory or management staff. Exercises general direction and supervision over supervisory, professional, technical, and administrative support staff through subordinate levels of supervision.

CLASS

CHARACTERISTICS
Thi
s is a Department Director classification that oversees, directs, and participates in all activities of the Innovation and Technology Department, including short - and long-term planning, development and administration of departmental policies, procedures, and services. This class provides assistance to the Assistant City Manager in a variety of administrative, coordinative, analytical, and liaison capacities. The position serves as the chief architect for all City technology services and collaborates with external partners to expand citywide service delivery including new and innovative technology. Successful performance of the work requires knowledge of public policy and municipal functions and activities, including the role of the City Council and the ability to develop, oversee, and implement projects and programs in a variety of areas. Responsibilities include coordinating the activities of the department with those of other departments and outside agencies and managing and overseeing the complex and varied functions of the department including developing the technology infrastructure and capabilities to provide a reliable , agile, and secure digital environment including municipal connectivity throughout the City. The incumbent is accountable for accomplishing departmental planning and operational goals and objectives and for furthering City goals and objectives within general policy guidelines.

EXA
MPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Ass
umes full management responsibility for all Information Technology Department programs, services, and activities, including information systems infrastructure, network administration, Geographic Information System (GIS) program, telecommunication systems , the City’s cable access channel and smart city initiatives ; directs the development and execution of a City-wide disaster recovery, security compliance, and business continuity plan; aligns the technology vision and

ATTACHMENT B
Chief Innovation Officer

leadership with the business strategy by integrating City processes with appropriate technologies.  Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the department; establishes, within City policy, appropriate budget, service, and staffing levels; develops and leads strategic technology and operational governance processes.  Manages and participates in the development and administration of the department’s annual budget; directs the forecast of additional funds needed for staffing, equipment, materials, and supplies; directs the monitoring of and approves expenditures; directs and implements adjustments as necessary.  Selects, trains, motivates, and directs department personnel; evaluates and reviews work for acceptability and conformance with department standards, including program and project priorities and performance evaluations; works with employees on performance issues; implements discipline and termination procedures; responds to staff questions and concerns.  Contributes to the overall quality of the department’s service by developing, reviewing, and implementing policies and procedures to meet legal requirements and City needs; continuously monitors and evaluate s the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors the distribution of work, support systems, and internal reporting relationships; identifies opportunities for improvement; directs the implementation of change.  Oversees and manages the administration and maintenance of the City's information technology infrastructure; evaluates, selects, and approves City -wide computer purchases; develops long-term information systems strategies to plan for and control network upgrades and growth; evaluates and implements new technologies; and encourages innovation among technical staff in the utilization and implementation of ideas and techniques.
 Develops and maintains an enterprise systems architecture, defining standards and protocols for data exchange, communications, software, and interconnection of City network information systems.  Updates and maintains the IT Master Plan; provides strategic advice on evaluation, selection, implementation, and maintenance of information systems, ensuring appropriate investment in operational systems.
 Conducts a variety of technology-focused organizational and operational studies; recommends modifications to systems, policies, and procedures as appropriate.  Oversees the development of consultant requests for proposals for professional services and the advertising and bid processes; evaluates proposals and recommends project award; coordinates with legal counsel to determine City needs and requirements for contractual services; negotiates contracts and agreements and administers same after award.
 Represents the department to other City departments, elected officials, and outside agencies; explains and interprets departmental programs, policies, and activities; negotiates and resolves significant and controversial issues.
 Conducts a variety of departmental organizational and operational studies and investigations; recommends modifications to programs, policies, and procedures as appropriate.  Participates in and makes presentations to the City Council and a wide variety of committees, boards, and commissions; performs financial review of matters pertaining to the various committees, such as determining appropriate rates of City services.
 Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of information technology and other services as they relate to the area of assignment.  Maintains and directs the maintenance of working and official departmental files.  Monitors changes in laws, regulations, and technology that may affect City or departmental operations; implements policy and procedural changes as required.
 Prepares, reviews, and presents staff reports, various management and information updates, and reports on special projects as assigned by the Assistant City Manager.  Responds to difficult and sensitive public inquiries and complaints and assists with resolutions and alternative recommendations.
 Performs other related duties as assigned.

ATTACHMENT B
Chief Innovation Officer

QUALIFICATIONS

Knowledge of:

 Organization and management practices as applied to the development, analysis, and evaluation of programs, policies, and operational needs of the assigned area of responsibility.  Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and supervision of staff, either directly or through subordinate levels of supervision.  Public agency budget development, contract administration, City -wide administrative practices, and general principles of risk management related to the functions of the assigned area.  Principles and practices of information technology infrastructure and program management.  Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
 Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures.  Methods and techniques for the development of presentations, contract negotiations, business correspondence, and information distribution; research and reporting methods, techniques, and procedures.
 Record keeping principles and procedures.
 Techniques for providing a high level of c ustomer service by effectively dealing with the public, vendors, contractors, and City staff.
 The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
 Modern equipment and communication tools used for business functions and program, project, and task coordination.
 Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.

Ability to:

 Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for the department and assigned program areas.
 Provide administrative and professional leadership and direction for the department and the City.  Prepare and administer large and complex budgets; allocate limited resources in a cost -effective manner.
 Plan, organize, direct, and coordinate the work of management, supervisory, professional, and technical personnel; delegate authority and responsibility.
 Select, train, motivate, and evaluate the work of staff and train staff in work procedures.  Research, analyze, and evaluate new service delivery methods, procedures, and techniques.  Effectively administer special projects with contractual agreements and ensure compliance with stipulations.
 Effectively administer a variety of IT programs and administrative activities.  Conduct effective negotiations and effectively represent the City and the department in meetings with governmental agencies, contractors, vendors, and various busi nesses, professional, regulatory, and legislative organizations.
 Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.  Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.
 Establish and maintain a variety of filing, record-keeping, and tracking systems.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.

ATTACHMENT B
Chief Innovation Officer

 Effectively represent the department and the City in meetings with individuals; governmental agencies; community groups; various business, professional, and regulatory organizations.  Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.
 Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to a bachelor’s degree in computer science, management information technology, or a related field and seven (7) years of management and/or administrative ex perience in municipal information technology.

Licenses and Certifications:

 Possession of, or the ability to obtain, a valid Class C California driver’s license upon appointment.  May be required to complete National Incident Management System (NIMS) Training.

PHYSICAL DEMANDS

Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, and to operate a motor vehicle to visit various “insert agency type” and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Standing in and walking between work areas is frequently required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification frequently bend, stoop, kneel, and reach to perform assigned duties, as well as push and pull drawers open and closed to retrieve and file information.

Employees must possess the ability to lift, carry, push, and pull materials and objects up to 10 pounds with the use of proper equipment.

ENVIRONMENTAL CONDITIONS

Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

WORKING CONDITIONS

N/A

DISASTER SERVICE WORKER
All City of Tracy employees are, by State and Federal law, Disaster Service Workers. The roles and responsibilities for Disaster Service Workers are authorized by the California Emergency Services Act and

ATTACHMENT B
Chief Innovation Officer

are defined in the California Labor Code. In the event of a declaration of emergency, any employee of the City may be assigned to perform activities which promote the protection of public health and safety or the preservation of lives and property. Such assignments may require service at locations, times, and under conditions that are significantly different than the normal work assignments and may continue into the recovery phase of the emergency. If a “Local Emergency” is declared during the employee’s shift, employees will be expected to remain at work to respond to the emergency needs of the community. If a “Local Emergency” is declared outside of the employee’s shift, employees must make every effort to contact their direct supervisor or department head to obtain reporting i nstructions as Disaster Service Workers.

ATTACHMENT B
January 2021October 2022
FLSA: Exempt
Class Code: 2585
Bargaining Unit: CEU

PUBLIC INFORMATION OFFICER

DEFINITION
Under administrative direction, plans, organizes, a nd
provides direction and oversight for comprehensive
public relations and communications programs for the City; plans, manages, implements, coordinates, and evaluates public information, community outreach, and media relations function s and activities; oversees Citywide strategic and ongoing communications, social media , and branding, and the City’s cable television channel; prepares press releases, fact sheets, stak eholder/community correspondence, quarterly publications, and newsletters; provides co mplex and responsible support to the Assistant City Manager in areas of expertise; and performs related duties, as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives administrative
direction from assigned supervisory or management staff. Exercises general direction over professional assigned staff.

CLASS CHARA

CTERISTICS
This is a management classification responsible for pl anning, organizing, review ing, and evaluating the day-to-day
operations of the Public Information division function within the City Manager’s Office.

Responsibilities include developing and implementin g policies and procedures for assigned programs, budget administration and reporting, and program eval uation. Incumbents serve as a professional-level resource for organizational, managerial, and operational analyses and studies. Performance of the work requires the use of considerable independence, initiative, and discretion within established guidelines.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, cha nge, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Plans, manages, and oversees the daily functions, oper ations, and activities of the Public Information division, including outreach, customer service, public relations, and communications programs.  Participates in the development and implementation of goals, objectives, policies, and priorities for the division; recommends within division policy, appropriate service and staffing levels; recommends and administers policies and procedures.
 Participates in the development, administration, and oversight of division budget; determines funding needed for staffing, equipment, materials, and supplies; ensures compliance with budgeted funding.  Develops and standardizes procedures and methods to improve and continuously monitor the efficiency and effectiveness of assigned programs, service delivery methods, and procedures; assesses and monitors workload, administrative, and support systems, and internal reporting relationships; identifies opportunities and makes recommendations for improvement.  Participates in the selection of, trains, motivates, and evaluates assigned personnel; works with employees to correct deficiencies; recommends and implements discipline and termination procedures.

ATTACHMENT C
Public Information Officer

 Develops and implements comprehensive out reach and communication programs; schedules, coordinates, and facilitates news conferences, commun ity meetings, and City events that promote the City's services, programs, and activities and to educate and inform the public and customers.  Oversees and manages the City’s cable television channel; cCollaborates with City departments, school districts, community groups, and other agencies to identify filming communication opportunities; utilizes the City's cable television channel and other media sources to disseminate information through community education projects; promotes public awareness campaigns and community relations' initiatives.
 Responds to media requests with information about City programs and services as well as unusual circumstances/situations of immediate public interest, including emergency information; prepares, edits and coordinates speeches, press releases, media tip sh eets, brochures, flyers, pamphlets, newsletters, annual reports, articles, electronic media, and related communications.  Oversees participation in community and special events; produces informational and promotional materials; supervises staff engaged in the productio n, development, publica tion, and broadcast of information to the public and the community; pr ovides ongoing support and advice to City staff regarding communications to the public.
 Assists in the development and maintenance of the City's website and relate d social media; provides guidance and oversight to other City departments regarding website and online content.  Provides training and technical support to staff on marketing, advertising, writing, publicity, and communication strategies and policies.
 Conducts a variety of organizational and opera tional studies and investigations; recommends modifications to assigned programs, policies, and procedures, as appropriate.  Serves as a liaison for assigned functions with other City departments, divisions, and outside agencies; provides staff support to commissions, committees, and task forces as necessary.  Attends and participates in professional group meetings; stays abreast of new trends and innovations in public information and community outreach; researches emerging products and enhancements and their applicability to City needs.
 Monitors changes in regulations and technology th at may affect operations; implements policy and procedural changes after approval.
 Receives, investigates, and responds to difficult and sensitive problems and complaints in a professional manner; identifies and reports findings and takes necessary corrective action.  Directs the establishment and maintenance of working and official division files.  Ensures staff compliance with City and mandated safety rules, regulations, and protocols.  Performs other related duties as assigned.

QUALIFICATIONS

Knowledge of:

 Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and project management.
 Principles and practices of employee supervision, including work planning, assignment review and evaluation, discipline, and the training of staff in work procedures.  Principles and practices of leadership.
 Organization and management practices as applied to the developmen t, analysis, and evaluation of programs, policies, and operational needs of the assigned area of responsibility.  Applicable Federal, State, and local laws, regulat ory codes, ordinances, a nd procedures relevant to assigned areas of responsibility.
 Principles, practices, methods, and techniques of mark eting, public information, media relations, and community relations programs.
 Current principles, techniques, and objectives of professional journalistic methods, including research, publication, and presentation.

ATTACHMENT C
Public Information Officer

 Best practices for social media and digital content.
 Strategic communication principles and practices.
 The requirements of various media used in publicity and promotions work, including video and written media; artwork layout and report format.
 Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.  Recent and on-going developments, current literature, and sources of information related to the operations of the assigned division.
 Principles and practices of budget development and administration.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
 The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
 Modern equipment and communication tools used for business functions and program, project, and task coordination.
 Computers and software programs (e.g., Microsoft so ftware packages) to conduct, compile, and/or generate documentation.

Ability to:

 Select and supervise staff, provide training and de velopment opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner.  Provide administrative, management, and professional leadership for the division.  Recommend and implement goals, ob jectives, and practices for provi ding effective and efficient services.
 Evaluate and develop improvements in operations, procedures, policies, or methods.  Plan, research, organize, coordinate, and implemen t a variety of public information, media, and community outreach activities and programs.
 Develop community relations and communications programs and strategies.  Prepare and present information in various formats and for diverse audiences.  Plan and conduct special events.
 Comprehend complex questions and give information rapidly, accurately, and tactfully.  Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.  Analyze, interpret, summarize, and present technical information and data in an effective manner.  Understand, interpret, and apply all pertinent laws, codes, regula tions, policies and procedures, and standards relevant to work performed.
 Effectively represent the department and the City in meetings with individuals; governmental agencies ;
community groups; various business, professional, and regulatory organizations.  Learn and understand the organizati on and operation of the City and of outside agencies as necessary to assume assigned responsibilities.
 Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

ATTACHMENT C
Public Information Officer

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to a bachelor’s degree in business, public administration, public relations, journalism, mass communication, or related field and three (3) years of public relations or mass communications experience.

Licenses and Certifications:

 Possession of, or the ability to obtain, a valid Class C California driver’s license upon appointment.  May be required to complete National Incident Management System (NIMS) Training.

PHYSICAL DEMANDS

Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, and to operate a motor vehicle to visit vari ous City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone.

Standing in and walking between work areas is frequen tly required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment.

Positions in this classification frequently bend, stoop, kneel, and reach to perform assigned duties, as well as push and pull drawers open and closed to retrieve and file information

ENVIRONMENTAL CONDITIONS

Employees work in an office environment with mode rate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may in teract with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

WORKING CONDITIONS

N/A

DISASTER SERVICE WORKER

All City of Tracy employees are, by State and Federa l law, Disaster Service Workers. The roles and responsibilities for Disaster Service Workers are authorized by the California Emergency Services Act and are defined in the California Labor Code. In the event of a declaration of emergency, any employee of the City may be assigned to perform activities which promote the protection of public health and safety or the preservation of lives and property. Such assignments may require service at locations, times, and under conditions that are significantly different than the no rmal work assignments and may continue into the recovery phase of the emergency. If a “Local Emer gency” is declared during the employee’s shift, employees will be expected to remain at work to re spond to the emergency needs of the community. If a “Local Emergency” is declared outside of the empl oyee’s shift, employees must make every effort to contact their direct supervisor or department head to obtain reporting instructions as Disaster Service Workers.

ATTACHMENT C
September 2021
October 2022FLSA:

Non-Exempt CLASS
CODE: 4210
BARGAINING UNIT: TTSSEA

MULTIMEDIA COMMUNICATIONS COORDINATOR

DEFINITION
Under general supervision, the Multimedia Communications Coordinator will perform a variety of communication-related duties including; creative and technical video production projects, social media and website content creation and monitoring, engagement and marketing, messaging, photography and graphic design. As a member of the Communications Division, theThe Multimedia Communications Coordinator helps the City achieve its communications goals and will work collaboratively with other City departments.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned supervisory or management staff. Exercises technical and functional direction over and provides training to lower-level staff. Exercises no direct supervision over staff.

CLASS CHARACTERISTICS
This is a technical classification performing a wide variety of multimedia tasks and projects in support of the Communications Citywide communicationsDivision. Incumbents perform of a variety of multimedia-related work and are expected to function with very little direct oversight. Successful performance of the work requires the frequent use of tact, discretion, and independ ent judgment, knowledge of departmental and City activities, and extensive staff contact. This class is distinguished from other multimedia and assistant classes by the nature, scope, complexity, and diversity of responsibilities involve d in the multimedia and communications functions. This class is distinguished from the Public Information Officer in that the latter provides oversight and supervision of assigned staff.

EXAMPLES
OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, cha nge, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Films Council, Commissions and Board meetings, as well as other events as assigned.  Performs production tasks, includi ng selecting site fo r shooti ng, checking site for power availability
and accessibility, determining lighting requirements, transporting equipment to site, and setting up props.
 Operates a variety of video, audio and lighting equipment, monitors microphone sound levels during production and makes adjustments to ensure voice quality.  Coordinates and performs photography for City-related events.  Creates video, multimedia productions and content for web, broadcast and social media.  Schedules maintenance and repair of AV equipment and materials; maintains a log of inventory and all repairs.
 Maintains and troubleshoots video, audio, and computer equipment used at the station, in the field, and City Hall.
 Coordinates multimedia-related functions; monitors and maintains Division supplies and inventory.

ATTACHMENT D
Multimedia Communications Coordinator

 Assists with planning and coordination of various community relations activities.  Assists the PIO with the creation and distribution of various City related content via social media, website, newsletter, TV broadcast, media releases, flyers/ brochures, advertisements.  Assists the Public Information Officer with media, marketing, and crisis communication activities.  Researches, prepares, and distributes information (including written content, graphic design, photos, and video) via social media, website, newsletters, Channel 26 and other communication channels.  Trains part-time staff and/or volunteers on Communications Division procedures and systems.  Responds to inquiries from internal and external customers regarding City activities and services on behalf of the Communications Division.
 Performs general administrative tasks.
 Performs other related duties as assigned.

QUALIFICATIONS

Knowledge of:

 Principles, practices, methods, and techniques of vi deo production, marketing, public information, media relations, and commun ity engagement programs.
 Best practices for social media and digital content.
 Techniques for providing a high level of customer service by effectively interacting with the public, vendors, contractors, partner agencies and City staff.
 The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar; proficient writing and editorial skills.  Modern equipment and communication tools used for business functions and program, project, and task coordination.
 Computers and software programs (e.g., Microsoft software packages, social media and websites) to conduct business functions, compile, and/or generate content.  Record-keeping principles and procedures.

Ability to:

 Understand the role, organization and operations of the Communications Divisiondepartment to assume assigned responsibilities.
 Effectively use audio, video, computer and related electronic equipment to perform a variety of tasks.  Assist with planning, researching, organizing and coordinating a variety of public information, media, and community outreach activities and programs.  Respond to and effectively prioritize multiple requests for service.  Maintain equipment in a clean, safe, and secure manner.  Work productively and under limited supervision; work well independently and as a collaborative team member.
 Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
 Work a flexible schedule that includes some evenings and weekends.

Education and Experience:

ATTACHMENT D
Multimedia Communications Coordinator

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to an associate degree in communications, journalism, television production, or a related field and two (2) years of progressively responsible work experience involving multimedia services, community relations, or related area. Video editi ng software experience is highly desi rable. Public agency experience is highly desirable.

Licenses and Certifications:

 Possession of, or the ability to obtain, a valid Class C California driver’s license upon appointment.  May be required to complete National Incident Management System (NIMS) Training.

PHYSICAL DEMANDS

Must possess mobility to work in a standard office setting, video production studio, and/or control room and use standard office equipment and/or video prod uction equipment, including a computer, camera, and to operate a motor vehicle to visit various filming locations; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Standing in and walking between work areas is frequently required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to oper ate standard office equipment. Positions in this classification frequently bend, stoop, kneel, and reach to perform assigned duties, as well as push and pull drawers open and closed to retrieve and file informat ion. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 50 pounds with the use of proper equipment.

ENVIRONMENTAL CONDITIONS

Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field in order to shoot videos and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, chemicals, mechanical and/or electrical hazards, and fumes. Employees may interact with members of the public or with staff under emotionally stressful conditions while interpreting an d enforcing departmental policies and procedures.

WORKING CONDITIONS

This job requires working a flexible schedule including evenings and weekends as needed.

DISASTER SERVICE WORKER

All City of Tracy employees are, by State and Fede ral law, Disaster Service Workers. The roles and responsibilities for Disaster Service Workers are authorized by the California Emergency Services Act and are defined in the California Labor Code. In the event of a declaration of emergency, any employee of the City may be assigned to perform activities which promote the protection of public health and safety or the preservation of lives and property. Such assignments may require service at locations, times, and under conditions that are significantly different than the normal work assignments and may continue into the recovery phase of the emergency. If a “Local Emer gency” is declared during the employee’s shift, employees will be expected to remain at work to respond to the emergency needs of the community. If a “Local Emergency” is declared outside of the employee’s shift, employees must make every effort to contact their direct supervisor or department head to obtain reporting instru ctions as Disaster Service Workers.

ATTACHMENT D
September 2021
October 2022FLSA:

Non-Exempt CLASS
CODE: 4212
BARGAINING UNIT: TTSSEA

MULTIMEDIA COMMUNICATIONS ASSISTANT

DEFINITION
Under general supervision, the Multimedia Comm unications Assistant will perform a variety of communication and administrative related duties including creative and technical video production projects, social media and website content creation and monito ring, engagement and marketing, messaging, photography and graphic design. As a member of the Communications Division, tThe Multimedia Communications Assistant helps the City achieve its communications goals and will work collaboratively with other City departments.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned supervisory or management staff. Exercises no direct supervision over staff.

CLASS CHARACTERISTICS
This is a technical classification performing a wide variety of multimedia and administrative tasks and projects in support of the Citywide Ccommunications Division. Incumbents serve to assist in the performance of a variety of multimedia and administrative related work and are expected to function with very little direct oversight. Successful performance of the work requires the frequent use of tact, discretion, and independent judgment, knowledge of departmental and City activities, and extensive staff contact. This class is distinguished from other media services and assistant classes by the nature, scope, complexity, and diversity of responsibilities involved in the multimedia and comm unications functions. This class is distinguished from the Multimedia Communications Coordinator in that the latter provides technical and functional direction over lower levellower-level staff.

EXAMPLES
OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, cha nge, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Assists staff in creating video, multimedia productions and content for web, broadcast and social media.  Assists with photographing City events and programs.
 Assists with coordination of multimedia-related functions; monitors and maintains Division supplies and inventory.
 Assists with planning and coordination of various community relations activities.  Films Council, Commissions and Board meetings, as well as other events as assigned.  Assists with the operation of a variety of video, audio and lighting equipment.  Assists the Public Information Officer with media, marketing, and crisis communication activities.  Researches, prepares, and distributes information (including written content, graphic design, photos, and video) via social media, website, newsletters, Channel 26 and other communication channels.  Assists with training part-time staff and/or volunteers on Communications Division procedures and systems.
 Responds to inquiries from internal and external customers regarding City activities and services on behalf of the Communications Division.

ATTACHMENT E
Multimedia Communications Assistant

 Performs general administrative tasks.
 Performs other related duties as assigned.

QUALIFICATIONS

Knowledge of:

 Principles, practices, methods, and techniques of vi deo production, marketing, public information, media relations, and community engagement programs.
 Best practices for social media and digital content.  Techniques for providing a high level of customer service by effectively interacting with the public, vendors, contractors, partner agencies and City staff.  The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar; proficient writing and editorial skills.  Modern equipment and communication tools used for business functions and program, project, and task coordination.
 Computers and software programs (e.g., Microsoft software packages, social media and websites) to conduct business functions, compile, and/or generate content.  Record-keeping principles and procedures.

Ability to:

 Understand the role, organization and operations of the Communications Divisiondepartment to assume assigned responsibilities.
 Effectively use audio, video, computer and related electronic equipment to perform a variety of tasks.  Assist with planning, researching, organizing and coordinating a variety of public information, media, and community outreach activities and programs.  Respond to and effectively prioritize multiple requests for service.  Maintain equipment in a clean, safe, and secure manner.  Perform administrative support work with accuracy, speed, and minimal supervision.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
 Work a flexible schedule that includes some evenings and weekends.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to completion of the twelfth (12 th) grade supplemented by college-level coursework in Communications, Journalism, Television Production, or a related field and two (2) years of progressively responsible work experience involving multimedia services, community relations, or related area.

Experience in a public agency is desirable.

ATTACHMENT E
Multimedia Communications Assistant

Licenses and Certifications:

 Possession of, or the ability to obtain, a valid Class C California driver’s license upon appointment.  May be required to complete National Incident Management System (NIMS) Training.

PHYSICAL DEMANDS

Must possess mobility to work in a standard office setting, video production studio, and/or control room and use standard office equipment and/or video prod uction equipment, including a computer, camera, and to operate a motor vehicle to visit various filming locations; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Standing in and walking between work areas is frequently required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to oper ate standard office equipment. Positions in this classification frequently bend, stoop, kneel, and reach to perform assigned duties, as well as push and pull drawers open and closed to retrieve and file informat ion. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 50 pounds with the use of proper equipment.

ENVIRONMENTAL CONDITIONS

Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field in order to shoot videos and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, chemicals, mechanical and/or electrical hazards, and fumes. Employees may interact with members of the public or with staff under emotionally stressful conditions while interpreting an d enforcing departmental policies and procedures.

WORKING CONDITIONS

This job requires working a flexible schedule including evenings and weekends as needed.

DISASTER SERVICE WORKER

All City of Tracy employees are, by State and Fede ral law, Disaster Service Workers. The roles and responsibilities for Disaster Service Workers are authorized by the California Emergency Services Act and are defined in the California Labor Code. In the event of a declaration of emergency, any employee of the City may be assigned to perform activities which promote the protection of public health and safety or the preservation of lives and property. Such assignments may require service at locations, times, and under conditions that are significantly different than the normal work assignments and may continue into the recovery phase of the emergency. If a “Local Emer gency” is declared during the employee’s shift, employees will be expected to remain at work to respond to the emergency needs of the community. If a “Local Emergency” is declared outside of the employee’s shift, employees must make every effort to contact their direct supervisor or department head to obtain reporting instru ctions as Disaster Service Workers.

ATTACHMENT E

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

TRACY CITY COUNCIL
RES
OLUTION NO. _______________
AUT
HORIZING 1) AMENDMENTS TO THE CITY’S CLASSIFICATION AND

COMPENSATION PLANS AND MASTER SALARY SCHEDULE RELATING TO THE

CHIEF INNOVATION OFFICER, PUBLIC INFORMATION OFFICER, MULTIMEDIA

COMMUNICATIONS COORDINATOR AND MULTIMEDIA COMMUNICATIONS ASSISTANT, 2) REALLOCATION OF A VACANT PARKS PROJECT COORDINATOR TO A LANDSCAPE ARCHITECT, EFFECTIVE FISCAL YEAR 2022-23 WHEREAS, the City has established Classification and Compensation Plans and Master Salary Schedule detailing all job classifications and salary ranges; and W
HEREAS, periodically, the Human Resources Department receives requests to review existing classification specifications or to develop new classification specifications in order to allow for changes that have occurred in areas such as job responsibilities, organizational structure, education, experience, and/or service needs; and
WHEREAS, the City has completed classification reviews to establish one (1) new class specification and salary range for Chief Innovation Officer; and WHEREAS, due to the City’s recent organizational changes, staff recommends the City Council amend the City’s Classification and Compensation Plans and Master Salary Schedule eff
ective October 18, 2022, to add the following new job classification:
• Chief
Innovation Officer: $14,878 - $18,069 per month; and
WHERE
AS, staff recommends to revise the class specifications for Public Information Officer, Multimedia Communications Coordinator and Multimedia Communications Assistant to reflect the transition of the City’s cable access channel and its functions from the City Manager’s Office to the Innovation and Technology Department; and WHER
EAS, the vacant Parks Project Coordinator was evaluated and due to the workload and expertise needed for several upcoming and ongoing projects, staff recommends reallocating the position to a Landscape Architect;
WHERE
AS, the reallocation will allow this specialized professional classification to perform full range of landscape architecture assignments including design and development of plans, specifications and cost estimates for capital improvement projects; WHERE
AS, no salary adjustment is needed for the recommended reallocation; and WHERE
AS, th e Public Employees’ Retirement Law governs the California Public Employees Retirement System (CalPERS) codified in Title 2 of the California Code of Regulations. Section 570.5 of the California Code of Regulations requires the City Council to Resolution 2022-_____

approve the rate of pay or classification titles in a publicly available pay schedule for employees who are members of CalPERS; and
WHEREAS, State law also requires that C ouncil appr ove a Master S alary S chedule reflecting the salaries of all personnel
WHEREAS, the City’s Position Control Roster reflects the funded positions approved in the FY
2022-23 budget and may be amended by a resolution of the City Council; now therefore be it
RESO
LVED: The City Council of the City of Tracy hereby finds and determines that the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City; and be it further
RESOLVED: That the City Council hereby authorizes amendments to the City’s Classification and Compensation Plans and Master Salary Schedule Relating to the Chief Innovation Officer, Publ ic Information O fficer, Multimedia Communications Coordinator and Multimedia Communications Assistant, as more specifically described in this Resolution; and be it further
RESOLVED: That the City Council hereby authorizes reallocation of a vacant Parks Project Coordinator
to a Landscape Architect, effective Fiscal Year 2022-23. * * * * * * * * * * * * * * *

The foregoing Resolution 2022-____ was adopted by the Tracy City Council on the 18th 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
October 18, 2022
Agenda Item 1.D

RECOMMENDATION
Staff recommends that the City Council (1) approve Amendment No. 1 to the Deferred Improvement Agreement between the City and Lennar Homes of California, LLC for Tracy Hills – KT, Tract 4037, to allow the Developer to receive Park Fee Credits pursuant to Tracy Municipal Code section 13.08.010 and (2) authorize the City Clerk to file Amendment No. 1 to the Deferred Improvement Agreement with the office of the San Joaquin County Recorder.

EXECUTIVE SUMMARY
Lennar Homes of California, a limited liability corporation (Developer) has entered into a Deferred Improvement Agreement (DIA) (Attachment A) with the City, per Resolution No. 2021- 152. Developer would like to receive neighborhood park fee credits for the parks they plan to build under the DIA, in compliance with Tracy Municipal Code (TMC) section 13.08.010, which allows a
Developer to receive fee credits pursuant to a written agreement between the Developer and the City. The proposed amendment (Attachment B) to the DIA will detail the neighborhood park credits.

BACKGROUND AND LEGISLATIVE HISTORY
The Developer is the developer of the real property generally bordered by the California Aqueduct to the north, vacant land to the south, and Corral Hollow Road to the west (Property).

Developer is under contract to purchase the Property from the owner, who has consented to Developer recording the DIA.

On November 10, 2020, the City Council adopted the Tracy Hills Specific Plan Amendment for the Tracy Hills KT Project and approved various related land use entitlements, including that certain Vesting Tentative Subdivision Map for Tracy Hills KT Project (VTSM), pursuant to R
esolution No. 2020-189. Approval of the VTSM was subject to sp ecified conditions of approval (Conditions of Approval).

On October 19, 2021, Developer entered into a DIA pursuant to Resolution No. 2021-150, by which the Developer agreed to complete construction of all r emaining public facilities which ar e required by the C onditions of Approval (collectively, Defe rred Improvements). The DIA describes the Deferred I mprovements and the times at which the co mpletion of said improvements and other requirements are due.

The Developer requested to build their required neighborhood park acreage in lieu of paying the neighborhood park development i mpact fees. Therefore, the Developer is eligible to receive Neighborhood Park fee credits for the Neighborhood Park that they will build in accordance with the
DIA.

ANALYSIS
The proposed amendment adds language to the DIA that allows the Developer to start receiving neighborhood park fee credits at the t ime the Amendment is executed and a bond is Agenda Item 1.D
October 18, 2022

posted. Developer has already delivered the corresponding bond to the City. The Amendment does not change any of the obligations or timing of the improvements specified in the Conditions of Approval and DIA. Additionally, subject to the TMC section 13.08.010, subsection (g), a Developer may receive fee credits, after having entered into a written agreement with the City. The DIA was approved by Council on October 19, 2021, under Resolution No. 2021-152.

FISCAL IMPACT
The Amendment
has no impact on the General Fund. Developer will receive neighborhood park fee credits for the neighborhood parks they are building in lieu of paying neighborhood park development impact fees.

COORDINATION
The Engineering
Division has consulted with the Parks Department, and they agree with the issuance of neighborhood park fee credits.

CEQA DETERMINATION
This proje
ct is not within the meaning of the California Environmental Quality Act (“CEQA”), including as the term “project” which is defined by section 15378 of the CEQA Guidelines, including without limitation because the adoption of this project 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
This agenda ite
m 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.

ACTION REQUESTED OF THE CITY COUNCIL
Staff
recommends that the City Council (1) approve Amendment No. 1 to the Deferred Improvement Agreement between the City and Lennar Homes of California, LLC for Tracy Hills – KT, Tract 4037, to allow the Developer to receive Park Fee Credits, pursuant to Tracy Municipal Code section 13.08.010, and (2) authorize the City Clerk to file Amendment No. 1 to the Deferred Improvement Agreement with the office of the San Joaquin County Recorder.

Prepared by
: Veronica Child, Management Analyst II
Reviewed
by: Robert Armijo, PE, City Engineer / Assistant Director of Development Services Kris Balaji, PMP, PE, Development Services Director
Sar
a Cowell, Interim Finance Director
Midori Lichtwardt, Assistant City Manager
Approved by: Michael Rogers, City Manager
Agenda Item 1.D
October 18, 2022

ATTACHMENTS
Att
achment A – Deferred Improvement Agreement Tracy Hills – KT, Tract 4037 Attachment B – Amendment No. 1 to Deferred Improvement Agreement Tracy Hills – KT, Tract 4037
Recording Requested By
City of Tracy
Development & Engineering Services
333 Civic Center Plaza
Tracy, CA 95376
And When Recorded Mail To:

City of Tracy
Office of the City Clerk
333 Civic Center Plaza
Tracy, CA 95376
Attn: Adrian Richardson
Dae 4: 2021- 198710
12/01/202102: 24:46 PMPage: 1 of 45 Fee: $ 0Steve J. Bestolarides SanJoaquinCountyRecordersPaid By:

L'

CITY OF TRACY
I'
Jj}
A

SPACE ABOVE THIS LINE FOR RECORDER' S INFORMATION

CITY OF TRACY

DEFERRED IMPROVEMENT AGREEMENT
TRACY HILLS — KT, TRACT 4037
This DEFERRED IMPROVEMENT AGREEMENT ( hereinafter " Agreement") is made and entered into by and between the CITY OF TRACY, a municipal corporation (" City"), and LENNAR HOMES OF CALIFORNIA, a California corporation (" Developer").

RECITALS
A. The Developer is the developer of the real property generally bordered by the California Aqueduct to the north, vacant land to the south, and Corral Hollow Road to the west hereinafter, the "Property') and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. Developer is under contract to purchase the Property from the owner, who is consenting to Developer recording this Agreement as evidenced below.

B. On April 5, 2016, the Tracy City Council (" City Council') adopted the Tracy Hills Specific Plan and approved related land use entitlements under Application Number TSM 16- 001 and approved by Resolution 2016- 065. On November 10, 2020, the City Councilapproveda SpecificPlan AmendmentprocessedunderApplication Number SPA20- 008, and also approved a Vesting Tentative Subdivision Map processed under Application Number TSM20- 0002 and approved by Resolution 2020- 189 ( the " Tentative Subdivision Map"). The Tentative Subdivision Map is on file with the City Clerk and is incorporated herein by this reference.

C. The approval of the Tentative Subdivision Map by the City Council was subject to specified conditions of approval (" Conditions of Approval'). The Conditions of Approval are attached hereto as Exhibit " B" and are incorporated herein by reference.

Attachment A
CITY OF TRACY — DEFERRED IMPROVEMENT AGREEMENT
TRACY HILLS KT, TRACT 4037

D. The Developer has applied to the City for approval of a final map based upon the approved Tentative Subdivision Map.

E. Certain public improvements and other requirements of the Conditions of Approval will not be completed at the time the City Council acts on Developer' s application for the final map. Therefore, Developer has agreed to execute this Agreement to ensure that the public improvements and other requirements which will not be completed when theCityCouncilactson Developer's finalmapapplication (collectively, the "Deferred Improvements") will be completed in accordance with the Conditions of Approval for the Tentative Subdivision Map. The Deferred Improvements are described in Exhibit " C", attached hereto and incorporated herein by this reference.

NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. CONTINUED APPLICABILITY OF CONDITIONS OF APPROVAL TO DEFERRED IMPROVEMENTS. Except as expressly and specifically modified by this Agreement, all of the requirements of the Conditions of Approval shall continue to apply to the Deferred Improvements after City's approval of the final map and until satisfied to the reasonable satisfaction of the City. In the event of a conflict between the Conditions of Approval and this Agreement, with respect to a Deferred Improvement, the terms and conditions of this Agreement shall prevail.

2. DEFERRAL OF TIME FOR COMPLETION OF DEFERRED IMPROVEMENTS.

The time requirements of the Conditions of Approval notwithstanding, the Developer shall complete the Deferred Improvements according to the time requirements set forth in Exhibit " C" hereto. Time is of the essence in the performance of the Deferred Improvements in compliance with the requirements of Exhibit " C". The Deferred Improvements shall be completed, at the sole expense of the Developer, to the satisfactionofthe CityEngineer. TheDevelopershallsubmitanyandallrequestsfor extensions of time to complete the Deferred Improvements, in writing, not later than ten 10) days from Developer' s learning of the condition that is the basis for the requested extension, and in no event later than the date on which completion of the Deferred Improvement( s) is due.

3. OBLIGATIONS RUN WITH THE LAND. All obligations and provisions of this Agreement shall run with the real property described in Exhibit "A" and shall bind the Developer and its respective successors and assigns, but shall be deemed released as to any lot conveyedto a homebuyerthat will occupythe lot as its primary residence.

4. NOTICES.

4. 1 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 respective parties as follows:

CITY OF TRACY — DEFERRED IMPROVEMENT AGREEMENT
TRACY HILLS KT, TRACT 4037

To Cit To Develo er:

City of Tracy Lennar Homes of California, Inc.
333 Civic Center Plaza 2603 Camino Ramon, Suite 525
Tracy, CA 95376 San Ramon, CA 94583
Attn: City Engineer Attn: Bridgit Koller
notice@cityoftracy. org bridgit. koller@lennar. com
With a copy to: With a copy to:

City Attorney
333 Civic Center Plaza
AG Essential Housing CA 1, LP
c/ o AGWIP Asset Management LLC
Tracy, CA 95376 8585 Scottsdale, AZ 85255
Attn: City Engineer Attn: Steven S. Benson, Manager
attorne cit oftrac . or steve. benson@agwipam. com

4. 2 Communications shall be deemed to have been given and received on the first to occur of: ( 1) actual receipt at the address designated above, or ( 2) three working days followingthe deposit in the UnitedStates Mail of registeredor certified mail, sent to the address designated above.

5. MODIFICATIONS. This Agreementmay not be modifiedorally or in any mannerother than by an agreement in writing signed by all of the parties.

6. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuingwaiver or a waiver of a subsequentbreach of the same or any other provision of this Agreement.

7. 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 proceedingof any kind relatedto this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.

8. INDEMNIFICATION. Developershall indemnify, defend and hold harmlessthe City includingits electedofficials, officers, agentsand employees) from and againstany and all claims, demands, liabilities, costs and expenses ( including court costs and attorney's fees) resultingfrom or arisingout of the deferral of constructionof the Deferred Improvements and the performance of the Work by Developer or Developer' s agents, representatives, contractors, subcontractors or employees.

CITY OF TRACY — DEFERRED IMPROVEMENT AGREEMENT
TRACY HILLS KT, TRACT 4037

9. ENTIRE AGREEMENT; EXHIBITS; SEVERABILITY. The recitals and all defined terms in this Agreement are part of this Agreement. This Agreement, including all documents incorporated by reference, comprises the entire integrated understanding between the parties concerning the improvements to be constructed pursuant to this Agreement. This Agreement supersedes all prior negotiations, representations, or agreements. The following Exhibits attached hereto are incorporated into this Agreement and made a part hereof by this reference:

A. Legal Description of Property ( Recital A.)
B. Conditions of Approval ( Recital C.)
C. Deferred Improvements ( Recital E.)
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.

10. SIGNATURES. The individuals executing this Agreement represent and warrant that they havethe right, power, legal capacity, and authorityto enter into and to executethis Agreement on behalf of the respective legal entities of the Developer and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Signatures on next page]
CITY OF TRACY — DEFERRED IMPROVEMENT AGREEMENT
TRACY HILLS KT, TRACT 4037

IN WITNESS WHEREOF the parties do hereby agree to the full performance of the terms set forth herein.

CITY

CITY OF TRACY,
a municipal corporation
Y44, Co'
By: Nan You
Title: MAYOR
Date:

A t
Adrian Richardson
Title: CITY CLERK
Date:

Approved As To Form:

B eticia Ramirez
Tit e: CITY ATTORNEY
Date: Ith lf
I I
DEVELOPER:

LENNAR HOMES OF CALIFORNIA, a
California corporation
Bridgit Koller
Title: VICE PRESIDENT,
Date:

A notarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosigned thedocumentto whichthis certificateis attached, andnotthetruthfulness, accuracy, or validity of thatdocument.

STATE OF CALIFORNIA
COUNTY OF Contra Costa
On November 16, 2021 before me, C Leon Notary Public
here insert name and title of the officer)
personally appeared Bridgit Koller
who proved to me on the basis of satisfactory evidence to be the person(&) whose name( s) Ware subscribed to the within instrument and acknowledged to me that he/ she/the} executed the same in his/ her/ flieir- authorized capacity( Ies), andthat by hi-s/her/flwir- signature(s) on the instrument the person( s), or the entity upon behalf of which the person(&) acted, executed the instrument.

I certifyunderPENALTYOF PERJURYunderthe lawsof the Stateof Californiathatthe foregoing paragraphis true and correct.

WITNESSmy d an off cial seal.

C. LEON
v
Notary Public - Calf
19 Cont ra Costa County
Commission k 2243141
y Comm, Expires Jun 15, 2022
Signature
SEAL)
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California 1
County of San Joaquin
Jr
On t- lr. ti•., r.1 r - 3 QbQA before me, Adrianne D. Richardson, Notary Public Date Here Insert Name and Title of the Officer
personally appeared
Nancy D. Young
Nome( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizedcapacity(ies), andthat by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.

ADRIANNE D. RICHARDSON
NotaryFubik • CdOOM4
San Joaquin County
Y Commission Y 2352849
t,. o•"',
MyComm. ExpiresMa, 24, 2025
Place Notary Seal and/ or Stamp Above
I certify under PENALTY OF PERJURYunder the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signature of Notary Public
yr I wrvrAL.

Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Deferred Improvement Agreement - Tracy Hills - KT Tract 4037 - Lennar Homes Document Date: November3, 2021
Resolution 2021- 152
2021
Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Nancy D. Young
Corporate Officer - Title( s):

Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
11Other: Mayor
Signer is Representing: City of Tracy
Signer' s Name:

Corporate Officer - Title( s):

Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other -
Signer is Representing:
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02019NationalNotary • •
CITY OF TRACY — DEFERRED IMPROVEMENT AGREEMENT
TRACY HILLS KT, TRACT 4037

Consent to Recordation
AGEssentialHousingCA1, LP, istheownerinfeesimpleoftherealpropertydescribedin ExhibitA andherebyconsentsto therecordationof thisDeferredImprovementAgreement.

AG Essential Housing CA 1 LP
a Delaware Limited Partnership
By: AGWIP Asset Management, LLC
An Arizona Limited Liability Company
Its uthorized Agent
By: Steven S. Benson
Title: Manager
Date: / D 1

CONSENT TO RECORDATION
CITY OF TRACY— DEFERRED IMPROVEMENT AGREEMENT
TRACY HILLS KT, TRACT 4037
STATE OF ARIZONA}
COUNTY OF MARICOPA}
BEFORE ME, the undersigned authority, a Notary Public in and for the State of on , on this day personally appeared Ske evl S • Unson
of AGWIP Asset Management, an Arizona limited liability company, Authorized Agent of AG Essential Housing CA 1, L. P., a Delaware limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that ( - 1he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and asthe act and deed of said company.

Given under my hand and seal of office this Mdayof t4lem 6e, , 202/ .

Notary' s Signature
Name typed or printed
03 1D) 12o2s
Commission Expires
Notary Public State or Arizona
Madcopa County
Jaime Marie Adams
My Commission Expires 07/012026
ComrNssion Number 807030

EXHIBIT A
Property Description)
EXHIBIT " A"
Property Description

DEFERRED IMPROVEMENT AGREEMENT
TRACY HILLS - KT, TRACT 4037
AllthatrealpropertysituateintheCityofTracy, CountyofSanJoaquin, Stateof California, described as follows:

ParcelAasshownontheParcelMaprecordedonJune5, 1981, inBook10ofParcel Maps, atPage64, OfficialRecordsofSanJoaquinCounty, andParcel3 asshownon themapofTractNo. 4013, recordedonNovember30, 2020, inBook43ofMapsand Plats, at Page 149, Official Records of San Joaquin County.

CITY OF TRACY — DEFERRED IMPROVEMENT AGREEMENT
TRACY HILLS KT, TRACT 4037

EXHIBIT B
Conditions of Approval)
EXHIBIT " B"
Conditions of Approval
Conditions of Approval for Tracy Hills KT Project
Vesting Tentative Subdivision Map
Application Number TSM20- 0002
November 10, 2020
Project: These Conditions of Approval shall apply to the Vesting Tentative SubdivisionMapforTracyHillsKTProject, ApplicationNumberTSM20-0002, includingapproximately214single-familyresidentiallots, a linearpark, a retentionbasin, an HOA recreation area, and two commercial parcels.

Property: Thepropertyconsistsof approximately45.1acreslocatedintheTracyHills Specific Plan Area, east of Corral Hollow Road in the vicinity of Tracy Hills Drive, Application Number TSM20- 0002.

Community Facilities Districts: Certain conditions of approval herein involve the establishment of or annexation into one or more Community Facilities Districts ( CFDs) to implement the Project. The imposition of conditions requiring or involving the establishmentof or annexationinto CFDs on the Propertyshall not limitthe Cityfrom establishingadditionalCFDsovertheProperty, subjectto anaffirmativevoteofthe Property owner( s).

A. Definitions; Abbreviations.

ThedefinitionsintheCity's zoningregulations (TracyMunicipalCode, Title10, Chapter

10.08) and subdivisionordinance (Tracy MunicipalCode, Title 12, Chapter 12.08) apply, and in addition:

Applicant" means any person, or other legal entity, defined as a "Subdivider" bySection12.08.010oftheCityof TracyMunicipalCode.

2. " Development Services Director" means the Development Services Director ofthe CityofTracy, oranyotherpersondesignatedbytheCityManageror the Development Services Director, to perform the duties set forth here. (The Development Services Director is also referred to in the Tracy Municipal Code as the Development and Engineering Services Director.)

3. " CityRegulations" meansallwrittenlaws, rules, andpoliciesestablishedby theCity, includingthosesetforthintheCityofTracyGeneralPlan, theTracy Hills Specific Plan, the Tracy Municipal Code, ordinances, resolutions, written policies, written procedures, and the City's Design Documents (includingthe Standard Plans, Standard Specifications, Design Standards, and relevant Public Facility Master Plans).

4. " Conditions of Approval" or " Conditions" means these conditions of approval.

Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

The following abbreviations may be used in these Conditions:

EIR Environmental Impact Report PI& RA Park Improvement and DIA Deferred Improvement Reimbursement Agreement
Agreement PUE Public Utility Easement
OIA Offsite Improvement Agreement TMC Tracy Municipal Code B. Planning Division Conditions of Approval
Compliance with laws. The Subdivider shall comply with all laws (federal, state, and local) related to the development of real property within the Project boundaries, including, but not limitedto: the Planningand Zoning Law Government Code sections 65000, et seq.), the Subdivision Map Act Government Code sections 66410, et seq.), the California Environmental Quality Act ( Public Resources Code sections 21000, et seq., " CEQA"), and the Guidelines for the California Environmental Quality Act ( California Administrative Code, title 14, sections 15000, et seq., " CEQA Guidelines").

2. City Regulations. Unless specifically modified by these Conditions of Approval, the Subdivider shall comply with all City Regulations.

3. Mitigation Measures, The Subdivider shall comply with all applicable mitigation measures in the Final Subsequent Environmental Impact Report EIR) for the Tracy Hills SpecificPlan Project (State ClearinghouseNo. 2013102053), which was certified by the City Council on April 5, 2016, and the Addendum to the EIR, which was prepared for the Tracy Hills KT Project consistent with the requirements of California Environmental Quality Act CEQA) Guidelines Sections 15162 and 15164.

4. Notice of protest period. Pursuant to Government Code Section 66020, including Section 66020 ( d)( 1), the City HEREBY NOTIFIES the Subdivider that the 90 -day approvalperiod (inwhich the Subdividermay protestthe impositionof any fees, dedications, reservations, or other exactionsthat are within the purview of the Mitigation Fee Act [ Government Code section 66000 et seq.] (" Exactions") and imposed on this Project by these Conditions of Approval) shall begin on the date of the conditional approval of this Project. If the Subdivider fails to file a protest of the Exactions complying with all of the requirements of Government Code Section 66020 within this 90 -day period, the Subdivider will be legally barred from later challenging any of the Exactions. The terms of this paragraph shall not affect any other deadlines or statutes of limitations set forth in the Mitigation Fee Act or other applicable law, or constitutea waiver of any affirmativedefenses availableto the City.

5. Conformance with Vestinq Tentative Subdivision Map. All Final Maps shall be in substantial conformance with the approved Vesting Tentative Subdivision Map ( Application Number TSM20- 0002), which was received by Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

the Development Services Department on September 18, 2020 and approved by the City Council on 2020, unless modified by these
Conditions.

6. Maintenance for Proiect Public Landscaping. Before approval of the first FinalMap, the Subdividershallassurethattherewill be sufficientfundingfor the ongoingcostsrelatedto publiclandscapingmaintenance. Subdividershall preparepubliclandscapingimprovementplansanda publiclandscapingbudget analysis (to be reviewed and approved by the City Public Works Director) to establish the scope of and cost estimates for public landscaping maintenance.

As used in these Conditions of Approval:

Public landscaping maintenance costs" include but are not limited to all costs associated with the maintenance, operation, repair and replacement of public landscapingincludedin the Project. Laborcostsshallbe baseduponand be paidat "prevailingwages," asthatterm is usedin Section1771of the California Labor Code.

Public landscaping" includes but is not limited to the following public areas and public improvements within or adjacent to the Project: public walls, special public amenities, ground cover, turf, shrubs, trees, irrigation systems, drainage and electrical systems, masonry walls or other fencing, entryway monuments or other ornamental structures, furniture, recreation equipment, hardscape and anyassociatedappurtenanceswithin medians, parkways, dedicated easements, channel - ways, public parks and public open space areas. It does not include public streets and street sweeping, but may include street lights.

Before approval of the first Final Map, Subdivider shall enter into an agreement with the City, whichshall berecordedagainstthe entireTracy HillsKT Project property, which adopts and implements one or more of the following three options ( a., b. or c.), subject to the approval of the City's Finance Director:

CFD or other funding mechanism. Before final inspection or occupancyof the firstdwelling (exceptfor upto ten modelhomes), the Subdivider shall, at its expense, form or annex into a Community Facilities District ( CFD) or establish another lawful funding mechanism that is reasonablyacceptableto the Cityfor the entireProjectareafor funding or performing the on-going maintenance of public landscaping. Formation of the CFD shall include, but not be limited to, affirmative votes and the recordation of a Notice of Special Tax Lien. Upon successful formation, the Property will be subject to the maximum special tax rates as outlined in the Rate and Method of Apportionment. If funds are needed to pay for such public landscaping maintenance costs before collection of the first Special Services Tax the " deficit"), then before final inspection or occupancy of the first dwelling ( except for up to ten model homes), the Subdivider shall Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

deposit to the CFD (by submittal to the City's Finance Director) the amount of the deficit;
Or
b. HOA and dormant CFD. If the HOA is the chosen funding mechanism, the Subdivider must do the following:
1) Form a Homeowner' s Association ( HOA) or other maintenance association, with CC&Rs reasonably acceptable to the City, to assume the obligation for the on- going maintenance of all public landscaping areas within the entire tentative subdivision map area;
2) Cause the HOA to enter into an agreement with the City, in a form to be approved by the City and to be recorded concurrently with the first Final Map, setting forth, among other things, the required maintenance obligations, the standards of
maintenance, and all other associated obligation( s) to ensure the long-term maintenance by the HOA of all public landscape areas within the entire tentative subdivision map area;
3) For each Final Map, make and submit to the City, in a form reasonably acceptable to the City, an irrevocable offer of dedication of all public landscape areas within the Final Map area;
4) Before final inspection or occupancy of the first dwelling (except for up to ten model homes), annex into a CFD in a "dormant" capacity, to betriggeredifthe HOAfails (as determinedby the City in its sole and exclusive discretion) to perform the required level of public landscape maintenance. The dormant tax or assessment shall be disclosed to all homebuyers and non- residential property owners, even during the dormant period.

Or
C. Direct funding. Before final inspection or occupancy of the first dwelling except for up to ten model homes), the Subdivider shall deposit with the City an amountnecessary, as reasonablydeterminedby the City, to fund in perpetuity the full costs of public landscaping maintenance as identified by the approved landscaping budget analysis.

7. Maintenance for Public Landscaping for Major Program Roadways. Before approval of the first Final Map, the Subdivider shall assure that there will be sufficient funding to pay the Subdivider's proportionate share of the ongoing public landscaping maintenance costs associated with major program roadways, by entering into an agreement with the City, which shall be recorded Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

againstthe entireTracy HillsKT Projectproperty, whichadoptsand implements one of the following two options ( a. or b.), subject to the approval of the City's Finance Director:
a. CFD. Before final inspection or occupancy of the first dwelling (except for up toten modelhomes), Subdividershall, at its soleexpense, form or annexintoa CommunityFacilitiesDistrict (CFD) for the entireProject area, for funding the Subdivider's proportionate share of the ongoing public landscaping maintenance costs associated with major program roadways identified in the Citywide Roadway and Transportation Master Plan. Formation of the CFD shall include, but not be limited to, affirmative votes and the recordation of a Notice of Special Tax Lien.

Upon successful formation, the Property will be subject to the maximum special tax rates as outlined in the Rate and Method of Apportionment.

If funds are needed to pay for such public landscaping maintenance costs before collection of the first Special Services Tax ( the " deficit"), then before final inspection or occupancy of the first dwelling (except for upto ten modelhomes), the Subdividershalldepositto the CFD (by submittal to the City's Finance Director) the amount of the deficit; Or
b. Direct Funding. Before final inspection or occupancy of the first dwelling exceptfor up to ten modelhomes), the Subdividershalldepositwiththe Cityan amountnecessary, as reasonablydeterminedby the City, to fund in perpetuity the full costs of funding the Subdivider's proportionate share of the ongoing public landscaping maintenance costs associated with major program roadways identified in the Citywide Roadway and Transportation Master Plan.

Parks. Before approval of the first Final Map, the Subdivider shall enter into an agreement with the City, which shall be recorded against the property, which stipulates that within 18 months following final inspection or occupancy of the first dwelling (except for up to ten model homes), the linear park shall be completed and accepted by the City.

9. Schools. Before issuance of a building permit for each new dwelling, the Subdivider shall document compliance with all applicable school mitigation requirements and provide to the City a certificate of compliance for such requirements from the Jefferson School District and Tracy Unified School District.

10. Public Services. Before approval of the first Final Map, the Subdivider shall do one of the following, subjectto the approvalof the City's FinanceDirector:
a. CFD or other funding mechanism. The Subdivider shall enter into an agreement with the City, to be signed by the Finance Director, which shall be recorded against the Property, which stipulates that prior to Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

issuance of a building permit ( except for up to ten model homes), the Subdivider will form or annex into a Community Facilities District CFD) or establish another lawful funding mechanism that is reasonably acceptable to the City for funding the on-going operational costs of providing Police services, Public Works services and other City servicesto servethe Projectarea. Formationof the CFD shall include, but not be limited to, affirmative votes and the recordation of a Notice of Special Tax Lien. The Subdivider shall be responsible for all costs associated with the formation or annexation proceedings.

Upon successful formation, the parcels will be subject to the maximum special tax rates as outlined in the Rate and Method of Apportionment.

Or
b. Direct funding. The Subdivider shall enter into an agreement with the City, which shall be recorded against the property, which stipulates that prior to issuance of a building permit ( except for up to ten model homes), the Subdivider will fund a fiscal impact study to be conducted and approved by the City to determine the long term on-going operational costs of providing Police services, Public Works services and other City servicesto serve the Projectarea, and depositwith the City an amountnecessary, as reasonablydeterminedby the City, to fund the full costs in perpetuity as identified by the approved study.

If the provisions for adequate funding of the on- going operational costs of providingPoliceservices, PublicWorks servicesand other City servicesare met prior to issuance of the first building permit for the project, subject to the Finance Director' s review and approval, the terms of this condition shall be considered to have been met and this condition shall become null and void.

C. Engineering Division Conditions of Approval
C. 1. General Conditions
C. 1. 1. Subdivider shall comply with the applicable requirements of the approved documents, technical analyses/ reports prepared for the Project listed as follows:
a) Tracy Hills Specific Plan, approved by City Council by Resolution No. 2016- 063, dated April 5, 2016, and any amendments thereto. b) TracyHills SpecificPlan RecirculatedDraft Subsequent Environmental Impact Report and Addendum to the Subsequent Environmental Impact Report dated February 2020 (" EIR') c) TracyHills KT Update TrafficStudy, preparedby Kimley-Horn and Associates, dated September 9, 2020, and any updates or amendments thereto (" Traffic Study").

Tracy Hills KT Project – Vesting Tentative Subdivision Map Application Number TSM20- 0002

d) Tracy Hills KT Property Sanitary Sewer Study Technical Memorandum prepared by Carollo, dated February 21, 2020 Sanitary Sewer Study').
e) TracyHills WaterStudy TechnicalMemorandumpreparedby West Yost Associates, dated November 8, 2019 (" Water Study'). f) Tracy Hills Storm Drainage Master Plan prepared by Ruggeri - Jensen -Azar, dated July 2019 and reviewed by Stormwater Consulting, Inc. as outlined in the memo dated January 6, 2020 Storm Drainage Study')
g) Citywide Water System Master Plan prepared by West Yost Associates, dated December 2012.
h) Plan Line Study – Corral Hollow Road prepared by Ruggeri -Jensen - Azar (" Corral Hollow Road Plan Line").
i) Any Finance Implementation Plan (" FIP'), as described in Section

10.20.060(b)(3)(B) of the Tracy Municipal Code, that is approved by the City Councilfor the property describedin the TracyHills KT Property Vesting Tentative Subdivision Map, Application No.

TSM20- 0002.
j) Amendment to the Tracy Hills Specific Plan for the KT Project, approved by City Council by Resolution No. 2020-_, dated 1-
12020.

C.1.2 Timing of Compliance: The Applicant shall satisfy each of the following conditions prior to filing the first Final Map unless a different time for compliance is specifically stated in these Conditions of Approval. Any conditionrequiringan improvementthat has alreadybeen designed, completed or under a City -approved agreement may be considered satisfiedat the discretionof the City Engineer. For the purpose of these Conditions of Approval, Final Maps filed solely for financing purposes only, and no permits will be requested pursuant to such final map, then the requirements listed in these Conditions of Approval shall not apply to the final map for financing purposes only.

C. 1. 3 Revisions to the Vesting Tentative Subdivision Map (" VTSM"): The Subdivider shall incorporate revisions to comply with the recommendations and comments in the Traffic Study prior to approval of the VTSM.

C. 2. Improvement Plans
Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

C. 2. 1. General
The Subdivider shall complete Improvement Plans to comply with all applicable laws, including the City Regulations ( defined above) and these Conditions of Approval. Improvement Plans shall contain the design, construction details and specifications of improvements that are required to serve the Project. The Improvement Plans shall be drawn on a 24" x 36" size 4 -mil thick polyester film ( mylar) and shall be prepared under the supervision of, and stamped and signed by a Registered Civil, Traffic, Electrical, Mechanical Engineer, and Registered Landscape Architect for the relevant work.

C. 2. 2. Site Grading
C. 2. 2. 1 Erosion Control
Grading Plansshall specifythe methodof erosion controlto be employed and materials to be used.

C. 2. 2. 2 Gradinq and Drainage Plans
Submit a Grading and Drainage Plan prepared by a
Registered Civil Engineer and accompanied by the Project' s Geo -technical / Soils Engineering report. The report shall provide recommendations regarding adequacy of the site
relative to the stability of soils such as soil types and classification, percolation rate, soil bearing capacity, highest observed ground water elevation, and others.

C. 2. 2. 3 When the grade differential between the Project site and the adjacent property( s) exceeds 12 inches, a reinforced or masonry block wall, engineered slope, or engineered
retainingwall is requiredfor retainingsoil. The Subdivider shall submitRetainingWall Plansthat includesthe
construction detail( s) and structural calculations of the retaining wall or masonry wall for City's review and approval.

C. 2. 2. 4 If an engineered slope is used to retain soil on adjacent property outside the Project boundary, a slope easement will be necessaryfrom the adjacent property. The Subdivider
shall obtain a slope easement from owner( s) of the adjacent and affected property( s) and show the slope easement on the Final Map.

C. 2. 2. 5 If applicable, show existing irrigation structure( s), channel( s) and pipe( s) that are to remain or relocated or to be removed, after coordinating with the irrigation district or owner of the irrigation facilities. If there are irrigation facilities including tile drains, that are required to remain to serve existing adjacent Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

agricultural uses, the Subdivider shall design, coordinate and construct required modifications to the facilities to the reasonable satisfaction of the owner of the irrigation facilities and the City.

C. 2. 3. Grading Permit
The Citywill not accepta grading permit applicationfor the Projectas complete until the Subdivider has provided all relevant documents related to the grading permit required by the City Regulations and these Conditions of Approval, to the satisfaction of the City Engineer.

C. 2. 4. Storm Drainage
C. 2. 4. 1 Site grading shall be designed such that the Project' s storm drainage overland release point will be directed to storm drainage easement or to public streets. If overland release is intended to be onto DWR property adjacent to the Project, Subdivider shall submit to the City documentation from DWR approvingsuchdischargeoverlandreleaseonto DWR
property as required by the City Engineer.

C. 2. 4. 2 All permanent underground storm drainage lines and structures to be maintained by the City shall be located within right-of-way to be dedicated to the City or within an
easement. If applicable, interim facilities and storm drain lines and collection basins shall be maintained by the Subdivider.

C. 2. 4. 3 Storm drainage plans are to be submitted with the required hydrologic and hydraulic calculations for the sizing of storm drainage pipe(s) and shall comply with Storm Drainage Study and City Regulations.

C. 2. 4. 4 Since the Project will construct a terminal retention basin, it has been determined that the Project will be exempt from the Post Construction Stormwater Quality Standards. However, should new Federal or State regulations come into effect during the buildoutof the Projectthat would requirefuture compliance, then the Project would not be exempted from those new requirements.

SWPPP' s shall be implemented during project construction.

In addition, the Project may implement stormwater control measures such as disconnected roof leaders, non- contiguous street sidewalks ( providing landscape strips/ parkways), tree planting in parkwaysand use of droughttolerant landscape with drip irrigation systems and "intelligent" controllers.

Similarly, public education measures regarding the damaging Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

effects of pollutants to water quality may also be
implemented.

C. 2. 4. 5 All Storm Water structural and construction details that are not part of the City Standard Plans or City Design Standards shall be provided by the Subdivider and submitted to the City for approval as part of the improvement plans.

C. 2. 4. 6 Storm drainage Retention Basin shall be contained within storm drainage parcels suitable for dedication to the City of Tracy. This basinshall be providedwith appropriatefencing with warning signs, access roadways to and from public
roadways and access roadways into the ponds for
maintenance purposes as approved by the City Engineer. All storm drainage inlets into this basin shall have inlet structures with design acceptable to the City Engineer.

C. 2. 4. 7 Fixed vertical sediment depth markers shall be installed near discharge points into the Retention Basin to assist with measurements of sediment deposition over time and future assessments of the need for maintenance activities.

C. 2. 5. Sanitary Sewer
C. 2. 5. 1 All sanitary sewer lines and associated improvements shall be designed and installed per the Sanitary Sewer Study and City Regulations. Before approval of Final Map(s) for the Project, Subdivider shall submit improvement plans and
obtain approval for the plans for all on- site sewer
improvements.

C. 2. 5. 2 The Subdivider shall design and construct the Sanitary Sewer Pump Station ( SSPS) with sufficient capacity to service the Project per City Standards and Sanitary Sewer Study. This Pump Station shall be constructed on land to be dedicated by Subdivider, as approved and required by the City. Upon
satisfactory completion of the SSPS improvements, as
determined by City, the City will accept the land dedication and SSPS improvements for maintenance. Maintenance of
the SSPS shall be included in the Community Facilities
District ( CFD) to be established for the Project.

C. 2. 5. 3 No final inspection of any residential building will be performed or certificate of occupancy for commercial building will be issued, with the exception of Model Homes, until the improvements listed above are completed and functional, as determined by the City Engineer.

Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

C. 2. 5. 4 Subdivider shall pay impact fees at the time of issuance of building permit. In addition, the Subdivider shall pre -pay impact fees for wastewater treatment for all remaining
residential lots no later than one year after issuance of first building permit for production home.

C. 2. 5. 5 Prior to the City's approval of the first Final Map within Project, the Subdivider shall dedicate to the City utility maintenance easements necessary for all sanitary sewer
lines ( gravity or force mains). All requirements relating to the access and maintenance by the Utilities Department and
Public Works Department shall be incorporated into the
improvement plans.

C. 2. 5. 6 Subdivider shall coordinate with Utilities Department and Public Works Department for determining the access,
parking, security fencing, lighting and other related
improvements at the Sanitary Sewer Pump Station. The
requirements identified shall be incorporated into the design of the SSPS for review and approval by the City Engineer.

C. 2. 5. 7 Parcel " B" ( Sanitary Sewer Lift Station) access road shall be paved with structural section per City standards adequate to support maintenance vehicles accessing the Retention basin and the SSPS.

C. 2. 6. Water Distribution System
C. 2. 6. 1 All potable water lines and associated improvements as identified in the Water Study (Water Line Improvements) shall be designed and installed per City Regulations.

C. 2. 6. 2 Duringthe constructionphases (verticalconstruction) of the Project, the Subdivider shall be responsible for providing water infrastructure ( temporary or permanent) capable of delivering adequate fire flows and pressure appropriate to the various stages of construction and as approved by the Fire Marshal.

C. 2. 6. 3 Prior to approval of each Final Map, the Subdivider shall submit calculations and improvement plans as required by the Fire Marshal and the City Engineer, and obtain a letter from the Fire Marshal that the fire flow parameters per Tracy Design Standards Section 6. 02 are met for the phased
construction of water lines to the satisfaction of the Fire Marshal.

C. 2. 6. 4 Subdivider shall install Recycled Water mains in Street " D" required to serve the Project.

Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

Initially, the 8 -in RecycledWater Mainwill be connectedto a potable water supply ( with a stub in place to future recycled water) as approved by the City until the program backbone Recycled Water facilities are in place. Once the Recycled Water system network is online the 8 -in Recycled Water distribution main will be disconnected from the Potable Water system and connected to the Recycled Water System as part of the Recycled Water Project by the City.

C. 2. 6. 5 Domestic and Irrigation Water Services — The HOA will be responsible for the repair and maintenance of all valves, fittings on services related to landscaping on all parcels to be owned by HOA and within HOA easements.

C. 2. 6. 6 Where pressures at individual water services will be 80 psi or more, the Subdivider shall provide pressure - reducing valves at the location approved by the City Engineer. The design of the individual pressure reducing valves for services shall be subject to approval by the Building Official.

C. 2. 6. 7 Fire Service Line — The Subdivider shall design and install fire hydrants at the locations approved by the Fire Marshal.

Before the approval of the Improvement Plans, the Subdivider shall obtain written approval from the Fire Marshal for the design, location and construction details of the fire service connections to the Project, and for the location and spacing of fire hydrants that are to be installed to serve the Project.

C. 2. 7. Street Improvements
C. 2. 7. 1 Subdivider is required to design and construct on- site and frontage roadway improvements to serve the Project as
identified in the Traffic Study and these Conditions of Approval. All improvements shall comply with City
Regulations, and Tracy Hills Design Standards. Such
improvements shall include, but are not limited to, roadways, water distribution system, sewer system, storm drainage systems, curb and gutter, sidewalks, street lighting system, traffic signals, ITS systems, pavement and crosswalk
striping, bicycle lanes and trails, roadway signage and street signs, median islands, turn lanes, landscaping, and all necessary related improvements as required by the City.

Timing of completion of street improvements shall comply with these Conditions of Approval.

C. 2. 7. 2 Corral Hollow Road Right of Way
Per the Citywide Roadway & Transportation Master Plan
CRTMP) that was adopted by City Council on November 26, Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

2012, pursuant to Resolution No. 2012- 240, amended on
November 19, 2013, Corral Hollow Road will be a 4 -lane major arterial street with a raised median, sidewalks, bicycle facilities and landscaping, and depictedCorral HollowRoad Plan Line.

The Corral Hollow Road Plan Line established the amount of right-of-way to be dedicatedfrom the Projectalong Corral Hollow Road. The Subdivider shall dedicate all rights- of- way necessaryfor the widening of Corral Hollow Road along the entire frontage of the Property on Corral Hollow Road. The dedication shall include additional right- of-way for turn lanes and transitions where applicable. If required, the Subdivider shall also dedicate right- of- way for construction of
intersection improvements including traffic signal
modifications at Tracy Hills Road / Corral Hollow Road for buildout requirements.

The Subdivider shall be eligible for fee Credits and/ or reimbursements for right-of-way dedication beyond Project' s frontage obligation per the CRTMP requirements. Temporary interim improvements are not eligible for fee credits or reimbursements.

C. 2. 7. 3 Abandonment of Right - of way on Corral Hollow Road The Subdivider shall submit request to the City for vacation of existing Corral Hollow Road right-of-way and pay for all costs of processing of vacation of right- of- way and
recordation of documents.

Potential impacts to access to adjacent parcels ( Sellick APN 253- 100- 09 ) due to abandonment of Corral Hollow Road right-of-way (such as providing curb cut/ driveway on Street D" or other improvements as deemed necessary by the City Engineer) shall be mitigated as approved by the City. All costs of such mitigations shall be paid for by the Subdivider.

C. 2. 7. 4. Corral Hollow Road Improvements
The Subdivider shall design and construct the Corral Hollow Road Improvements in accordance with the Traffic Study, Corral Hollow Road Plan Line and City Regulations.

The improvements will include, but are not limited to,
construction of asphalt concrete pavement, traffic signal modifications, pavement markings and striping, traffic
signage, street lighting, roadway section construction and/ or replacement, asphalt concrete overlay ( where required), pavement transitions and other street and utilities
Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

improvements that are required to serve the Project based on the phasing plan approved by the City Engineer.

Roadway design shall conform to STAA truck traffic
requirements and Caltrans requirements.

C. 2. 7. 5. Corral Hollow Road Improvements for Residential Units Prior to issuance of final inspection or occupancy of Model Homes and residential units, the Subdivider shall complete the following Corral Hollow Road Improvements to provide adequate and safe traffic conditions on Corral Hollow Road to the satisfaction of the City Engineer.

Subdivider shall prepare improvement plans for Corral
Hollow Road Improvements and obtain approval by the City Engineer before approval of the first Final Map within the Project.
a. Corral Hollow Road/ Tracy Hills Drive/ Street D:

1. Southbound: One left turn, one right turn and one
through lane.

2. Northbound: One left turn, one right turn and one
through lane.

3. Westbound: One left turn, one shared through and right turn lane. However, this layout may result in interim
curb, signal and pedestrian crossing, which will be
funded by the project as interim improvements. The
developer must provide intersection layouts indicting
this geometry for review. The layouts must show the
ultimate layout as well.

4. Eastbound: Same as existing - One shared through
and right turn lane, two left turn lanes.

5. Signal timing: Modified signal timing plans for AM and PM and school midday.

6. Add signal poles and curb/ sidewalk as required.
b. Corral Hollow Road/ Street A ( RIRO Driveway):

1. Northbound: One right turn lane to separate through
traffic from right turning vehicles.

2. Provide a raised median on Corral Hollow Drive to
prevent left turns in and out of the site.

Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

3. Westbound: one right turn lane exiting the
development.

C. 2. 7. 6. Corral Hollow Road Improvements for Commercial Parcels Prior to issuance of final occupancy of for any buildings on the Commercial parcels, the Subdivider shall complete the following Corral Hollow Road Improvements to provide
adequate and safe traffic conditions on Corral Hollow Road to the satisfaction of the City Engineer.
a. Corral Hollow Road/ Tracy Hills Drive/ Street D:

1. Southbound: Two left turns, one right turn, and one
through lane.

2. Northbound: Two left turns, one right turn, and one
through lane.

3. Westbound: One through, one left, and one right turn lane.

4. Eastbound: Same as existing - One shared through
and right turn lane, two left turn lanes.

5. Signaltiming: Modifiedsignaltiming plansfor AM and
PM and school midday.

6. Add signal poles and curb/ sidewalk as required.

C. 2. 7. 7. Fee Credits and/ or reimbursements for eligible costs of improvements beyond Project' s frontage obligation per the CRTMP, will be determined based on the improvement plans to be approvedby the City Engineer. Interim improvements are not eligible for fee credits or reimbursements and are the sole responsibility of the Subdivider.

C. 2. 7. 8. Pavement Repaving/ Overlay on Corral Hollow Road Subdivided shall pay its fair share of $50,000 towards the estimated cost of r repaving/ overlay from 1-580 south right-of- way line to southerlyCity Limitsas directed by the City Engineer.

C. 2. 7. 9 In order to guarantee completion of the Corral Hollow Road Improvements, the Subdivider shall enter into an
improvement agreement ( SIA or OIA) and post an
improvement security in the amounts and form in
accordance with section 12. 36. 080 of the TMC and as
required by these Conditionsof Approval. The Subdivider shall submit the signed and notarized OIA with the
Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

necessary improvementsecurity before approval of the first Final Map within the Project.

C.2.7.10 For any Corral Hollow Road Improvements considered frontage improvements ( such as Subdivider' s Frontage
Obligation per the CRMP including landscape improvements behind the curb) that are not constructed or security posted with OIA at the time of approval of the first Final Map, the Subdivider shall enter into a DIA with the City.

The Subdivider shall submit the signed and notarized DIA before approval of the first Final Map within the Project. The Subdivider shall post improvement security in the amounts and form in accordance with TMC section 12. 36. 080 at the times specified in the DIA.

C. 2. 7. 11 Traffic Control Plan
Before starting any work within City' s right- of-way on Corral Hollow Road, the Subdivider shall submit a Traffic Control Plan for each phase of work, to show the method and type of construction signs to be used for regulating traffic at the work areas within these streets. The Traffic Control Plan shall be prepared by a Civil Engineer or Traffic Engineer licensed to practice in the State of California. Subdivider shall comply with Caltrans requirements and standards for any work conducted within Caltrans ROW.

C. 2. 7. 12 The Subdivider shall design and construct Corral Hollow Road Improvements to meet the applicable requirements of the latest edition of the California Department of
Transportation Highway Design Manual ( CHDM) and the
California Manual of Uniform Traffic Control Devices
MUTCD), the Applicable Law, and these Conditions of
Approval.

C. 2. 7. 13 The Tracy Hills Specific Plan EIR (" EIR") identifies the Project' s traffic impacts that are to be mitigated by the Subdivider. The mitigation measures are summarized in
Table 4. 13- 68, Transportation & Circulation EIR Mitigation Matrix. Subdivider shall comply with the applicable
mitigation measures as outlined in the Traffic Study.

C.2. 7.14 As the properties north of the Project along Corral Hollow Road develop, City will install fiber- optic lines to connect signals on Corral Hollow Road. In the interim, at the time of installation of traffic signals at Corral Hollow Road / Tracy Hills Drive, the Subdivider shall provide a functional
communication system acceptable to the City Engineer, to Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

connect the City's Traffic Control ManagementCenter
TCMC) located at the City Hall to the traffic signal. Any required improvements at the TCMC to facilitate
communications in the interim condition that is not part of the Master Plan Facilities, shall be installed at Subdivider' s cost, and no fee credits or reimbursements will be
applicable.

C. 2. 7. 15 Bus shelter and turnout on Corral Hollow Road The bus shelter and turnout on Corral Hollow Road shall be constructed as part of the Frontage Improvements on Corral Hollow Road. The City will provide the construction details and materials specifications of the bus shelter. Timing of construction of bus shelters will be determined in the future based on the extension of TRACER' s Fixed Route to serve the Project. In order to assure completion of construction of the bus shelters, the Subdivider may either enter into a DIA with security, or pay to the City the estimated cost for bus shelter on Corral Hollow Road at the time of approval of the first Final Map within the Project.

C. 2. 7. 16 Encroachment Permit
Before starting any work to be performed and improvements to be constructed within City' s right- of-way, the Subdivider shall obtain an Encroachment Permit from the City. The
Subdivider or its authorized representative shall submit all documents that are required to process the Encroachment Permit including but not limited to, approved Improvement Plans, Traffic Control Plan, payment of engineering review fees, copy of the Contractor's license, Contractor's Tracy business license, and certificate of insurance naming the City of Tracy as additional insured or as a certificate holder.

C. 2. 7. 17 Dead - End Streets. A standard barricade and guardrail with appropriate traffic sign will be required at street ends.

Alternatively, turnarounds/ hammerheadsmeetingthe
requirements of Fire Marshal shall be provided at the dead- end streets.

C. 2. 7. 18 In -tract Streets. The Subdivider shall dedicate all rights- of- way that are necessaryto construct all the in -tract streets based on cross sections shown on the Vesting Tentative
Subdivision Map with the Final Map for the respective
phase. The width of travel lanes, street median,
landscaping strip and sidewalk shall be in accordance with the Vesting Tentative Subdivision Map and Tracy Hills
Specific Plan.

Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

Design and construction details of the in -tract streets such as asphalt concrete pavement, curb, gutter, sidewalk, street light, water main, fire hydrant, landscaping with automatic irrigation system, storm drain, catch basin and drop inlets, sanitary sewer main and lateral, water main, individual water service and meter, pavement marking and striping, traffic sign, driveway, handicap ramp and other street
improvements shall comply with City Regulations and shall be shown on the Improvement Plans.

C.2.7.19 Emergency/ Utility Vehicles Access at Street "C" and Street E" Intersection: Access at this intersection shall be limited to emergency/ utility vehicles only by the installation of turf blocks with vegetation designed to withstand vehicle loads as required by the City Engineer. The access shall be
designed with either lockable bollards or gate with knox- box control as determined by the Fire Marshal and the City
Engineer. The maintenance and replacement costs for the access area including sidewalk, rolled curb, turb blocks and access control shall be the responsibility of the HOA , or estimated costs as acceptable to the City shall incorporated into the CFD.

C. 2. 7.20 For all phases of the Project, the Subdivider shall install sidewalk to provide pedestrian circulation connecting the subdivisions sidewalks to the CH sidewalk and to the Corral Hollow Road/ Tracy Hills Road Intersection. Crosswalks on Corral Hollow Road to provide pedestrian access to the Tracy Hills Phase 1a subdivision should be provided. Timing and design of pedestrian access shall be as determined by the City Engineer based on the Phasing Plan.

C. 2. 7. 21 All intersections shall be designed to accommodate fire truck movements as required by the Fire Department.

C. 2. 7.22 Subdivider must provide and verify sight distances, where applicable, with regard to intersections, reverse lots and fence placements as required by the City Engineer.

C. 2. 8. Public Utility Easements
C. 2. 8. 1 Undergrounding of Overhead Utilities. Any existing overhead lines and poles within the Project boundaries and on the west side of Corral hollow Road within the Project frontage shall be removed or undergrounded.

C. 2. 8. 2 All private utility services to serve the Project such as electric, telephone and cable TV to the building must be installed underground, within right- of- way or a dedicated Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

Public Utility Easement ( PUE) and at the location approved by the City and the respective owner(s) of the utilities.

The Subdivider shall submit improvement plans for the
installation of electric, gas, telephone and TV cable lines that are to be installed under the sidewalk or within the PUE.

Undergroundutility conduits may be installed under the
sidewalks, and underground boxes and structures may be
located in the landscaped parkway next to the curb. All above - ground boxes and facilities shall be behind the sidewalk and within the PUE. Pop -outs to provide
additional width of PUE where required to accommodate
larger above - ground structures will be permitted subject to review and approvalby PublicWorks Director and the City Engineer. Before approval of the first Final Map, the
Subdivider shall complete the necessary coordination work with the respective owner( s) of the utilities to for approval.

C. 2. 8. 3 Public Utility Easementson sideyard lots shall be adjusted/ eliminated in final neighborhood designs based on actual joint trench design requirements.

C. 2. 8. 4 The Subdivider shall take necessary actions to accomplish existing DWR easementto be quitclaimed prior to
recordation of first Final Map within the Project. If not accomplished prior to first Final Map, the Subdivided shall submit documentation that DWR will quitclaim the easement prior to City's acceptanceof the Retention Basin. All costs of the process for the quitclaim shall be borne by the
Subdivider.

C. 3. Final Map
TheCitywillnotapproveanyFinalMapuntiltheSubdividerdemonstrates, to the satisfactionof the City Engineer, that all the requirementsset forth in these Conditions of Approval are completed, including, but not limited to the following:

C. 3. 1. Subdivider has submitted one reproducible ( mylar) copy of the approved tentative subdivision map for the Project after Subdivider' s receipt of a notification of approval of the Tentative Subdivision Map.

The signature of the owner of the Property on the Tentative Subdivision Mapshall indicatethe owner's consentto the preparationof the Tentative Subdivision Map and the proposed subdivision of the Property.

C. 3. 2. Each Final Map is prepared in accordance with the applicable requirements of the Tracy Municipal Code, these Conditions of Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

Approval, all other applicable City Regulations, and in substantial conformance with the Tentative Subdivision Map.

C. 3. 3. Each Final Map includes and shows offer(s) of dedication of all right(s)- of-way and/or temporary or permanenteasement(s) requiredby the Improvement Plans and Final Map, in accordance with City Regulations and these Conditions. If construction easement( s) is/ are shown, it/they shall indicate the termination date of the construction easement( s).

C. 3. 4. Horizontal and vertical control for the Project shall be based upon the CityofTracycoordinatesystemandat leastthree2ndorderClass1 control points establishing the " Basis of Bearing" and shown as such on the Final Map. The Final Map shall also identifysurveyedties from two of the horizontal control points to a minimum of two separate points adjacent to or within the Property described by the Final Map.

C. 3. 5. Subdivider has submitted a signed and stamped Engineer' s Estimate that show construction cost of subdivision improvements that are described in Conditions C. 2 above, plus 10% for construction contingencies.

C. 3. 6. Subdivision Improvement Agreement
Beforethe City's approvalof any Final Map, the Subdividershall execute a Subdivision Improvement Agreement ( for the public facilities required to serve the real property described by the Final Map), and post all required improvement security in accordance with City Regulations.

C. 3. 7. Phasing Plan and Deferred Improvement Agreement Prior to Subdivider' s submittal to the City of the first Final Map for City approval, Subdivider shall submit for the City Engineer' s review and reasonableapprovala phasingplanfor the submittalof all Final Mapsto be filed for this Vesting Tentative Subdivision Map. The phasing plan may be subjectto subsequentmodificationsbasedon market
conditions, the rate of development, and Subdivider' s disposition of the parcels createdby the Final Maps. Priorto the City's approval of the first final map within the Project, the Subdividershall execute a Deferred Improvement Agreement, in substantial conformance with the City' s standardform agreement, by which (among otherthings) the Subdivider agrees to complete construction of all remaining public facilities ( to the extent the public facilities are not included in the Subdivision Improvement Agreement) which are required by these Conditions of Approval. The Deferred Improvement Agreement shall identify timing requirements for construction of all remaining public facilities, in conformance with the phasing plan submitted by the Subdivider and approved by the City Engineer.

Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

C. 3. 8. Improvement Security
The Subdivider shall provide improvement security for all public facilities, as required by SubdivisionImprovementAgreementor Offsite Improvement Agreement. The form of the improvement security may be a suretybond, letter of credit or otherform in accordancewith City Regulations. The amount of the improvement security shall be as follows:

C. 3. 8. 1 Faithful Performance ( 100% of the estimated cost of constructing the public facilities).

C. 3. 8. 2 Labor & Material ( 100% of the estimated cost of constructing the public facilities).

C. 3. 8. 3 Warranty ( 10% of the estimated cost of constructing the public facilities).

C. 3. 8. 4 Monumentation ($ 750 multiplied by the total number of street centerline monuments that are shown on the Final Map).

C. 3. 9. Subdivider has paid engineering review fees including improvement plan checking, final map review, agreement processing, and all other fees requiredby these Conditionsof Approvaland City Regulations.

C. 3. 10. Subdivider has submitted technical or materials specifications, cost estimate, and technical reports related to the design of improvements that are shown on the Improvement Plans and as required by these Conditions.

C.3.11.Subdivider has submitted hydrologic and storm drainage calculations for the designand sizing of in -tract stormdrainagepipes locatedwithin the Project.

C.3.12. Subdivider has submitted signed and stamped Improvement Plans.

C. 3. 13. Signed and notarized Offsite Improvement Agreement ( OIA) and ImprovementSecurity, to guaranteecompletionof the identified public improvementsthat are necessaryto servethe Projectas required by these Conditions of Approval. The form and amount of Improvement Securityshall be in accordancewith Section 12.36.080 of the Tracy Municipal Code ( TMC), and the OIA.

C. 3. 14. Signed and notarized Deferred Improvement Agreement ( DIA) and Improvement Security, to allow deferment of completion of improvements as required by these Conditions of Approval. The form Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

and amount of Improvement Security shall be in accordance with the DIA and Section 12. 36. 080 of the TMC.

C.4. Grading and Encroachment Permit
No applications for grading and encroachment permits will be accepted by the City as complete until the Subdivider has provided all documents required by these Conditionsand City Regulations, to the reasonablesatisfactionof the City Engineer, including, but not limited to, the following:

CA. 1. Grading and Drainage Plans prepared on a 24" x 36" size polyester film ( mylar). Grading and Drainage Plans shall be prepared under the supervision of and stamped and signed by a Registered Civil Engineer.

C. 4. 2. Payment of the applicable Grading Permit fees which include grading plan checking and inspection fees, and other applicable fees as required by these Conditions of Approval.

C. 4. 3. Three sets of the Storm Water Pollution Prevention Plan ( SWPPP) identical to the reports submitted to the State Water Quality Control Board ( SWQCB) and any documentation or written approvals from the SWQCB including a copy of the Notice of Intent ( NOI) with the state - issued Wastewater Discharge Identification number ( WDID). After the completion of the Project, the Subdivider is responsible for filing the Notice of Termination ( NOT) required by SWQCB, and shall provide the City, a copy of the completed Notice of Termination.

CAA. Cost of preparing the SWPPP, NOI and NOT including the annual storm drainage fees and the filing fees of the NOI and NOT shall be paid by the Subdivider. The Subdivider shall comply with all the requirements of the SWPPP and applicable Best Management Practices ( BMPs) and the Storm Water Regulations adopted by the City in 2008 and any subsequent amendment( s), and the City Regulations.

C. 4. 5. Two sets of the Project' s Geotechnical Report signed and stamped by a licensed Geo - technical Engineer licensed to practice in the State of California. The technical report must include relevant information related to soil types and characteristics, soil bearing capacity, percolation rate, roadway section construction recommendations and elevation of the highest observed groundwater level.

C. 4. 6. A copy of the Approved Fugitive Dust and Emissions Control Plan that meets San Joaquin Valley Air Pollution Control District ( SJVAPCD) as required in Mitigation Monitoring and Reporting Program of the Tracy Hills Specific Plan Final Environmental Impact Report ( TH- EIR).

Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

C. 4. 7. Two sets of Hydrologic and Storm Drainage Calculations for the design of the on- site storm drainage system.

C. 4. 8. Reasonable written permission from irrigation district or affected owner( s), if applicable. The cost of relocating and/ or removing irrigation facilities and/ or tile drains is the sole responsibility of the Subdivider.

C. 4. 9. Written approval( s) or permit( s) obtained from San Joaquin County regarding the removal and abandonment of any existing well( s), if applicable. All existing on-site wells, if any, shall be abandoned or removed in accordance with the City and San Joaquin County requirements. The Subdivider shall be responsible for all costs associated with the abandonment or removal of the existing well( s) including the cost of permit(s) and inspection.

C. 4. 10. Improvement Plans prepared on a 24" x 36" size 4 -mil thick polyester film ( mylar) that incorporate all the requirements described in these Conditions of Approval. Improvement Plans shall be prepared under the supervision of, and stamped and signed by a Registered Civil, Traffic, Electrical, Mechanical Engineer, and Registered Landscape Architect for the relevant work.

C. 4. 11. Two sets of structural calculations for drainage structures and retainingwalls within street right-of-way and retentionbasins signed and stamped by a StructuralEngineerlicensedin the State of California.

C. 4. 12. Signed and stamped Engineer' s Estimate that summarizes the cost of constructingall the publicimprovementsshown on the Improvement Plans.

C.4. 13. Check payment for the applicable engineering review fees which include plan checking, permit and agreement processing, testing, construction inspection, and other applicable fees as required by these Conditions of Approval. The engineering review fees will be calculated based on the fee rate adopted by the City Council on April 15, 2014, per Resolution No. 2014- 059.

C. 4. 1.4. Traffic Control Plan for each phase signed and stamped by a Registered Civil Engineer or Traffic Engineer licensed in the State of California.

C. 4. 15. As required per Mitigation Measure 4. 8- 2a of the EIR, the Subdivider shall submit, prior to issuance of grading permits, a Phase II ESA focused on soil sampling conducted near the location of the underground crude oil pipelines, as determined by a qualified Phase II/ Site Characterization specialist.

Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

C. 4. 16. As required per Mitigation Measure 4. 8- 2b of the EIR, prior to issuanceof grading permits, the Subdividershall workwith Conoco Phillips to implement and observe a site damage prevention plan to the satisfaction of the City of Tracy Engineering Division.

C. S. Building Permit
The City will not approve any buildingpermitwithin the Projectboundariesuntil a Final Map is approvedby the City Counciland it is recordedat the San JoaquinCounty Recorder's Office, and the Subdividerdemonstrates, to the reasonable satisfaction of the City Engineer, compliance with all the required Conditions
C. 5. 1. Check payment of the applicable City Wide Roadway and Traffic, Water, Recycled Water, Wastewater, Storm Drainage, Public Safety, Public Facilities, and Park Development Impact Fees ( adopted by Resolution No. 2014- 010) as these relate to the Project and as required by these Conditions of Approval.

C. 5. 2. Check payment of applicable Regional Transportation Impact Fees RTIF) as required in the Mitigation Monitoring and Reporting Program of the Final Environmental Impact Report, these Conditions of Approval, and the Settlement Agreement per C1. 1.k above.

C. 5. 3. Check paymentof any applicableAgricultural MitigationFee as required in Chapter 13.28 of the Tracy Municipal Code and Mitigation Measure AG 4. 2. 1 of the EIR and these Conditions of Approval.

C. 5. 4. Payment of the San Joaquin County Facilities Fees as required in Chapter 13. 24 of the TMC.

C. 5. 5. The Project developer( s) shall be required to pay the Transportation Impact Fee established pursuant to the written Agreement by and betweenthe City of Tracy, LTA, the Sierra Club, the County of Alameda, and the City of Livermoreto the City of Tracy priorto issuance of building permits for any residential portion of the Project.

C. 6. Final Building Inspection
The City will not performfinal buildinginspection (except for Model Homes) until after the Subdivider provides documentation which demonstrates, to the reasonable satisfaction of the City Engineer, that:

C. 6. 1. The Subdivider has completed construction of all public facilities required to serve the building for which a certificate of occupancy is requested or a final building inspection has to be performed unless otherwise defined herein. Unless specifically provided in these Conditions, or the City Regulations, the Subdivider shall take all Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

actions necessaryto constructall publicfacilities requiredto servethe Project, and the Subdivider shall bear all costs related to construction of the public facilities ( including all costs of design, construction, construction management, plan check, inspection, land acquisition, program implementation, and contingency).

C. 7. Temporary or Final Building Certificate of Occupancy No Final Building Inspectionshall be performedor a Temporary or Final BuildingCertificateof Occupancywill be issued (exceptfor Model Homes) by the City until afterthe Subdividerprovidesreasonabledocumentationwhich demonstrates, to the satisfaction of the City Engineer, that:

C. 7. 1 The Subdivider has satisfied all the requirements set forth in these Conditions of Approval.

C. 7. 2. The Subdivider has completed construction of all required public facilities for the building for which a certificate of occupancy is requested, unless otherwise defined herein. Unless specifically provided in these Conditions of Approval, or some other applicable City Regulations, the Subdividershall use diligentand good faith efforts in taking all actionsnecessaryto constructall publicfacilities required to serve the Project, and the Subdivider shall bear all costs related to construction of the public facilities ( including all costs of design, construction, construction management, plan check, inspection, land acquisition, program implementation, and contingency).

C. B. Acceptance of Public Improvements
Public improvements will not be considered for City Council' s acceptance until after the Subdivider demonstrates to the reasonable satisfaction of the City Engineer, completion of the following:

C. 8. 1. All the public improvements shown on the Improvement Plans are completed and all the deficiencies listed in the deficiency report preparedby the assignedEngineeringInspectorare all corrected.

C. 8. 2. Subdivider has completed the 90 -day public landscaping maintenance period.

C. 8. 3. Subdivider has submitted Certified " As -Built" Improvement Plans ( or Record Drawings). Upon completion of the construction by the Subdivider, the City shalltemporarilyreleasethe originalsof the Improvement Plans to the Subdivider so that the Subdivider will be able to document revisions to show the " As Built" configuration of all improvements.

Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

C. 8. 4. Where applicable, signed and notarized Grant Deed( s) with legal description( s) and plat maps for the offer of dedication of right- of- way, and Grant of Easements as required per these Conditions of Approval and City Regulations, or dedications shown on the Final Map.

C. 9. Release of Improvement Security
City will releaseImprovementSecurity(s) to the Subdividerafter City Council's acceptance of public improvements, both on- site and off- site, in accordance with TMC section 12. 36. 080, upon written request and submittal of the recorded Notice of Completion.

C. 10. Special Conditions
C. 10. 1. All streets and utilities improvements within City's right- of-way shall be designed and constructed in accordance with City Regulations, except as otherwise specifically approved in the Tracy Hills Specific Plan.

C. 10. 2. When street cuts are made for installation of utilities, the Subdivider is required to install 2 inches thick asphalt concrete overlay with reinforcing fabric at least 25 feet from all sides and for the entire length of the utility trench. A 2 inches deep grind on the existing asphalt concrete pavement will be required where the asphalt concrete overlay will be applied and shall be uniform thickness in order to maintain current pavement grades, cross and longitudinal slopes. If the utilitytrench extends beyondthe medianisland, the limit of asphalt concrete overlay shall be up to the lip of existing gutter located along that side of the street.

C. 10. 3. All improvement plans shall contain a note stating that the Developer or Contractor) will be responsible to preserve and protect all existing survey monuments and other survey markers. Any damaged, displaced, obliterated or lost monuments or survey markers shall be re-established or replaced by a licensed Land Surveyor at the Developer' s ( or Contractor' s) sole expense. A corner record must be filed in accordance with the State law for any reset monuments California Business and Professions Code Section 8871).

C. 10. 4. Benefit District
The Subdivider may make a written request to the City for the formation of a Benefit District, before the approval of the final map and improvement plans for the public facility( s) considered to be oversized that benefits other property( s) or development( s). Reimbursement request( s) will be processed in accordance with TMC Chapter 12. 60.

Tracy Hills KT Project — Vesting Tentative Subdivision Map Application Number TSM20- 0002

C.10.5. The CFD or HOA shall pay for the future costs of maintenance includingPG&E chargesfor all new streetlightsand newtraffic signals to be installed by the Project.

C.10.6. Nothingcontainedin these Conditionsshall be construedto permit any violation of City Regulations. Subject, however, to City Regulations, this Condition does not preclude the City from requiring pertinent revisions and additional requirements to the final map, improvement agreements, and improvement plans, before the City Engineer' s signature on the final map and improvement plans, if the City Engineerfinds it necessarydue to public health and safety reasons. ( Government Code section 66498. 6.) The Subdivider shall bear all the cost for the inclusion, design, and implementations of such additions and requirements, without reimbursement or any payment from the City.

CITY OF TRACY — DEFERRED IMPROVEMENT AGREEMENT
TRACY HILLS KT, TRACT 4037

EXHIBIT C
Deferred Improvements)
EXHIBIT " C"
Deferred Improvements

DEFERRED IMPROVEMENT AGREEMENT
TRACY HILLS - KT, TRACT 4037
I. Work: Time for Commencement and Performance
The Work described in this Exhibit " C" ( hereinafter " Deferred Improvements") shall be completed within the timelines as specified in this Exhibit " C" of this Agreement.

Applicable Conditions of Approval included in this Exhibit " C" refer to the Conditions of Approvalfor Vesting Tentative SubdivisionMapTSM20-0003 attachedheretoas Exhibit "B". The City shall have no obligationto constructor completedthe Deferred Improvements.

II. Description of Work
A. Parks ( Condition No. B. 8)
Before approval of the first Final Map, the Subdivider shall enter into an agreement with the City, which shall be recorded against the property, which stipulatesthat within 18 monthsfollowingfinal inspectionor occupancyof the first dwelling ( except for up to ten model homes), the linear park shall be completed and accepted by the City.

B. Abandonment of Right - of way on Corral Hollow Road ( Condition No. C. 2.7. 3) The Subdivider shall submit request to the City for vacation of existing Corral Hollow Road right- of-way and pay for all costs of processing of vacation of right-of-way and recordation of documents. Vacation shall be recorded prior to City' s acceptance of Corral Hollow Road improvements as complete.

Potential impacts to access to adjacent parcels ( Sellick APN 253- 100- 09 ) due to abandonment of Corral Hollow Road right- of- way ( such as providing curb cut/ driveway on Street "D" or other improvementsas deemed necessaryby the City Engineer) shall be mitigated as approved by the City. All costs of such mitigations shall be paid for by the Subdivider.

C. Corral Hollow Road Improvements for Residential Units ( Condition No. C. 2. 7.5) Prior to final inspection or occupancy of the first residential unit, the Subdivider shall complete the following Corral Hollow Road Improvements to provide adequate and safe traffic conditions on Corral Hollow Road to the satisfaction of the City Engineer.

Subdivider shall prepare improvement plans for Corral Hollow Road Improvements and obtain approval by the City Engineer before approval of the first Final Map within the Project.

1. Corral Hollow Road/ Tracy Hills Drive/ Street D:
a. Southbound: One left turn, one right turn and one through lane.

EXHIBIT " C"
Deferred Improvements

b. Northbound: One left turn, one right turn and one through lane. c. Westbound: One left turn, one shared through and right turn lane.

However, this layout may result in interim curb, signal and pedestrian crossing, whichwill be funded by the project as interim improvements.

The developer must provide intersection layouts indicting this geometry for review. The layouts must show the ultimate layout as well. d. Eastbound: Same as existing - One shared through and right turn lane, two left turn lanes.
e. Signal timing: Modified signal timing plans for AM and PM and school midday.
f. Add signal poles and curb/ sidewalk as required.

2. Corral Hollow Road/ Street A ( RIRO Driveway):
a. Northbound: One right turn lane to separate through traffic from right turning vehicles.
b. Provide a raised median on Corral Hollow Drive to prevent left turns in and out of the site.
c. Westbound: one right turn lane exiting the development.

D. Traffic Mitigation Measures ( Condition No. C. 2. 7.13) The Tracy Hills Specific Plan EIR (" EIR") identifies the Project' s traffic impacts that are to be mitigated by the Subdivider. The mitigation measures are summarized in Table 4. 13- 68, Transportation & Circulation EIR Mitigation Matrix. Subdivider shall comply with the following applicable mitigation measures as outlined in the Traffic Study.

1. MM 4. 13- 5a:
a. Intersection # 1, Corral Hollow Road/ 1-580 EB Ramps Implementation Trigger: 2, 588 Peak Hour Trips
b. Intersection # 2, Corral Hollow Road/ 1-580 WB Ramps Implementation Trigger: 2, 588 Peak Hour Trips

2. MM 4. 13- 5b:
a. Corral Hollow Road between S. Tracy Hills Road and Golden Leaf Lane, and Lammers Road between 1-580 and Kimball High School.

Implementation Trigger: 2, 588 Peak Hour Trips
b. Corral Hollow Road between 1-580 and just north of Linne Road.

Implementation Trigger: 2, 588 Peak Hour Trips

3. MM 4. 13- 6a:
a. Intersection # 1, Corral Hollow Road/ 1-580 EB Ramps Implementation Trigger: 2, 588 Peak Hour Trips
EXHIBIT " C"
Deferred Improvements

b. Intersection # 2, Corral Hollow Road/ 1-580 WB Ramps Implementation Trigger: 2, 588 Peak Hour Trips

4. MM 4. 13- 15g:
a. Corral Hollow Road Bicycle/ Pedestrian Facilities
Implementation Trigger: 2, 588 Peak Hour Trips
E. Bus shelters and turnouts on Corral Hollow Road ( Condition No. C. 2. 7. 15) Two ( 2) bus shelters and turnouts on Corral Hollow Road shall be constructed as part of the Frontage Improvements on Corral Hollow Road. The City will provide the construction details and materials specifications of the bus shelters.

In order to assure completion of construction of the bus shelters, the Subdivider may either enter into a DIA with security, or pay to the City the estimated cost for two ( 2) bus shelters on Corral Hollow Road prior to final inspection or occupancy of first residential unit.

F. DWR Easement Quitclaim ( Condition No. C, 2. 8. 4)
The Subdivider shall take necessary actions to accomplish existing DWR easement to be quitclaimed prior to recordation of first Final Map within the Project. If not accomplished prior to first Final Map, the Subdivider shall record the quitclaim of the DWR easement prior to City' s acceptance of the retention basin for maintenance. All costs of the process for the quitclaim shall be borne by the Subdivider.

RESOLUTION 2021- 152

APPROVING THE DEFERRED IMPROVEMENT AGREEMENT FOR TRACY HILLS - KT, TRACT 4037, AND AUTHORIZING THE CITY CLERK TO FILE THE DEFERRED IMPROVEMENT

AGREEMENT WITH THE OFFICE OF THE SAN JOAQUIN COUNTY RECORDER WHEREAS, On November10, 2020, the City Counciladoptedthe Tracy Hills SpecificPlan Amendment for the Tracy Hills KT Project and approved various related land use entitlements, including that certain Vesting Tentative Subdivision Map for Tracy Hills KT Project ( VTSM), pursuant to Resolution No. 2020- 189, and
WHEREAS, Approval of the VTSM was subject to specified conditions of approval Conditions of Approval) that require the Developer to design and construct certain on- site and off- site improvements connected with the Project, and
WHEREAS, The Developerhas appliedto the City for approvalof a final map basedupon the approved VTSM and has executed a Subdivision Improvement Agreement for the on-site public and private facilities required to serve said final map, and WHEREAS, In accordance with the Conditions of Approval, prior to the City's approval of the firstfinalmapwithintheProject, theDeveloperisrequiredto executea DeferredImprovement Agreement (DIA) by which (among other things) the Developeragrees to completeconstructionof allremainingpublicfacilitieswhicharerequiredbytheConditionsof Approvalbutwillnotbe completedat the time the City Counciltakes actionon the final map, and WHEREAS, The Developer has requested deferral of certain on- site and off- site public improvements and other requirements ( collectively, Deferred Improvements) and has executed the DIA to ensure that the Deferred Improvements will be completed in accordance with the Conditions of Approval, and
WHEREAS, The DIA describes the Deferred Improvements and the times at which the completion of said improvements and other requirements are due, and WHEREAS, The Developer has paid the applicable engineering review fees, which include the cost of processing the Deferred Improvement Agreement; NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Tracy hereby approves the Deferred Improvement Agreement for Tracy Hills - KT, Tract 4037, and authorizes the CityClerkto filethe DeferredImprovementAgreementwiththeOfficeoftheSanJoaquinCounty Recorder.

Resolution 2021- 152

The foregoing Resolution 2021- 152 was passed and adopted by the Tracy City Council on the 19th day of October, 2021, by the following vote:

AYES: COUNCIL MEMBERS: ARRIOLA, BEDOLLA, DAVIS, VARGAS, YOUNG NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE (-
A"
MAYOR
A E '
CITY CLERK \
Attachment B

APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRAC

Y CITY COUNCIL
RES
OLUTION 2022-_____
(1) APPROVING AMENDMENT NO. 1 TO THE DEFERRED IMPROVEMENT

AGREEMENT BETWEEN THE CITY AND LENNAR HOMES OF
CALIFORNIA, LLC FOR TRACY HILLS – KT PROJECT, TRACT 4037, TO

ALLOW THE DEVELOPER TO RECEIVE PARK FEE CREDITS PURSUANT TO TRACY MUNICIPAL CODE SECTION 13.08.010, AND
(2) AUTHORIZING THE CITY CLERK TO FILE THE AMENDMENT NO. 1 TO

THE DEFERRED IMPROVEMENT AGREEMENT WITH THE OFFICE OF

THE SAN JOAQUIN COUNTY RECORDER
WHER
EAS, on November 10, 2020, the City Council adopted the Tracy Hills Specific Plan Amendment for Tracy Hills KT Project and approved various related land use entitlements, including that certain Vesting Tentative Subdivision Map for Tracy Hills KT Project (VTSM), pursuant to Resolution No. 2020-189; and
WHER
EAS, on October 19, 2021, Developer entered into a Deferred Improvement Agreement (DIA) agreeing to complete construction of all remaining public facilities which are required by the Conditions of Approval, pursuant to Resolution No. 2021-150; and WHER
EAS, Developer is requesting to build their required neighborhood park acreage in lieu of paying the neighborhood park development impact fees; and WHER
EAS, Tracy Municipal Code section 13.08.010, subsection (g), allows a Developer to receive fee credits after executing a written agreement with the City; and WHER
EAS, Developer will receive neighborhood park fee credits for the neighborhood parks that they build as detailed in the DIA; and
WHER
EAS, the Amendment does not change any of the obligations or timing of the improvements specified in the Conditions of Approval and DIA; now, therefore, be it RESOL
VED: That this project is not within the meaning of the California Environmental Quality Act (“CEQA”), including as the term “project” which is defined by section 15378 of the CEQA Guidelines, including without limitation because the adoption of this project 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; and be it Resolution 2022-_____

FURTHER RESOLVED: That the City Council of the City of Tracy hereby (1) approves Amendment No. 1 to Deferred Improvement Agreement between the City and Lennar Homes of California, LLC for Tracy Hills – KT, Tract 4037, to allow the Developer to receive park fee credits, pursuant to Tracy Municipal Code section 13.08.010, and (2) authorizes the City Clerk to file the Amendment No. 1 to the Deferred Improvement Agreement with the Office of the San Joaquin County Recorder.
* * *
* * * * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 18th day of October 2022 by the following vote:

AYES: COUNCIL
MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: 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
October 18, 2022
Agenda Item 1.E

RECOMMENDA
TION
Staff recommends that City Council approve the Offsite Improvement Agreement for Tracy Hills Zone
5 Water Line Improvements.

EXECUTIVE SUMMARY
This item involves the approval of the Offsite Improvement Agreement (OIA) for the Tracy Hills Zone 5 Water Line Improvements which will allow Lennar Homes of California, LLC (Developer) to proceed with the construction of a portion of the Zone 5 potable water system infrastructure im
provements necessary to provide water service initially to t he Tracy Hills Phase 2A development and ultimately to f uture phase s of development within the Tracy Hills Specif ic Plan Area.

BACKGROUND AND LEGISLATIVE HISTORY
On October 19, 2021, the City Council adopted the Tracy Hills Specific Plan Amendment for Tracy Hills Phase 2 and approved various related land use entitlements, including that certain Vesting Tentative Subdiv ision Map for Tracy Hills Phase 2, Tract 4057, processed under Application No. TSM20-0003 and approved by Resolution No. 2021-154. The Tracy Hills Phase 2 project is generally bordered by Interstate 580 to the north and Corral Hollow Road to the east.

ANALYSIS
The Conditions of Approval for the Vesting Tentative Subdivision Map and the Citywide Water System Master Plan require the Developer to design and construct the Zone 5 water transmission main, extending from the John Jones Water Treatment Plant to the new Zone 5/6 water tanks also being constructed by the Developer to provide water service initially to the Tracy
Hills Phase 2A development and ultimately to future phases of development within the Tracy Hills Specific Plan A rea.

The subject Zone 5 Water Line I mprovements will construct the por tion of the Zone 5 water transmission main generally extending between the Tracy Airport property and the northern boundary of t he Tracy H ills Phase 2 development. Additional Offsite Improvement Agreements for other portions of the Zone 5 water transmission main will be brought to the City Council for approval as improvement plans for those portions are completed.

The Project will be partly located within the existing public right-of-way for Corral Hollow Road, partly within an Access and Public Ut ility Easement to be dedicat ed by Developer to City across the future business park par cel in Tracy Hills Pha se 1A , and partly within the existing State right-of-way for the I-580 freeway (via boring under the freeway).

Improvement plans and
specifications which describe in more detail the improvements which are
required under the subject OIA, were prepared on behalf of the Developer and have been approved by the City Engineer.

Agenda Item 1.E
October 18, 2022

The Developer has executed the Offsite Improvement Agreement and has submitted the required security to guarantee completion of the subject improvements. The Offsite Improvement Agreement and associated Improvement Plans are on file with the City Engineer.

FISCAL IMPACT
There will be no impact to the General Fund. Developer will pay for the cost of plan checking, engineering inspection and processing of the Offsite Improvement Agreement.

CEQA DETERMINATION
An Environmental Impact Report (EIR) was certified by the City Council on April 5, 2016 for the Tracy Hills Specific Plan. This final map is consistent with the Tracy Hills Phase 2 Vesting Tentative Subdivision Map,
which was approved by the City Council on October 19, 2021. An Addendum t
o the EIR was prepared in accordance with the provisions of California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15164 to address the General Plan
Amendment, Tracy Hills Specific Plan Amendment, and the Vesting Tentative Subdivision Map for the Tracy Hills Phase 2 Project. No new significant environmental impacts were identified for
the Tracy Hills Phase 2 Project. Therefore, no further environmental review is necessary.

STRATEGIC PLAN
This item is consistent with the City Council’s approved Economic Development Strategy to ensure that physical infrastructure necessary for development is constructed.

ACTION REQUESTED OF THE

CITY COUNCIL
That City Council, by Resolution, approve the Offsite Improvement Agreement for Tracy Hills Zone 5 Water
Improvements.

Prepared by: Al Gali, Associate Engineer
Reviewed by: Robert Armijo, PE, City Engineer / Assistant Director of Development Services Kris Bala
ji, PMP, PE, Development Services Director
Sara Cowell, Interim Finance Director
Midori Lichtwardt, Assistant City Manager
Approved by:

Michael Rogers, City Manager

ATTACHMENT
S
Attachment
A – Location Map
Attachment B – Offsite Improvement Agreement

ATTACHMENT A
Project Location

CITY OF TRACY

OFF-SITE IMPROVEMENT AGREEMENT FOR
FOR TRACY HILLS ZONE 5 WATER LINE IMPROVEMENTS

This OFF-SITE IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF TRACY a municipal corporation (“City”), and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (“Developer”).

Recitals
A. Developer is the party responsible for the construction of the public water line improvements known as the Tracy Hills Zone 5 Water Line Improvements that are to be constructed within existing Corral Hollow Road, and across the future business park parcel in Tracy Hills Phase 1A, and underneath the I-580 freeway, generally extending from the Tracy Airport property to the north to the Tracy Hills Phase 2 development to the south, as more particularly depicted in Exhibit “A” attached hereto and incorporated herein by reference (hereinafter “Project”).

B. On October 19, 2021, the Tracy City Council (“City Council”) adopted the Tracy Hills Specific Plan Amendment for Tracy Hills Phase 2 and approved various related land use entitlements, including that certain Vesting Tentative Subdivision Map for Tracy Hills Phase 2, Tract 4057, processed under Application No. TSM20- 0003 and approved by Resolution No. 2021-154 (“Tentative Map”).

C. The approval of the Tentative Map by the City Council was subject to specified conditions of approval (“Conditions”). The Conditions, attached hereto as Exhibit “B”, describe, among other things, improvements that are required for approval of the Final Subdivision Map(s) pursuant to the Subdivision Map Act, the Subdivision Ordinance, and applicable City Standards.

D. The Project is part of the Zone 5 potable water system infrastructure improvements required by the Conditions of Approval and the Citywide Water System Master Plan, extending from the John Jones Water Treatment Plant to the new Zone 5/6 water tanks, to provide water service initially to the Tracy Hills Phase 2A development and ultimately to future phases of development within the Tracy Hills Specific Plan Area.

E. The Project will be partly located within the existing public right-of-way for Corral Hollow Road, partly within an Access and Public Utility Easement to be dedicated by Developer to City across the future business park parcel in Tracy Hills Phase 1A, and partly within the existing State right-of-way for the I-580 freeway.

F. The Project is more specifically described in those certain Improvement Plans and Specifications submitted by Developer and approved by the City Engineer consisting of (a) ten (10) sheets of improvement plans titled “Zone 5 Water Line, DocuSign Envelope ID: F863CE54-4664-4D47-BFAB-A6F53BBA66AC City of Tracy - Offsite Improvement Agreement
Tracy Hills Zone 5 Water Line Improvements

Tracy Hills”, Sheets C-0.01 through C-2.01 and Sheets C-3.05 through C-3.11, prepared by Ruggeri-Jensen-Azar; (b) eleven (11) sheets of pressure reducing station plans and details, Sheets M01 through I02, prepared by West Yost; and (c) six (6) sheets of erosion control plans titled “Erosion and Sediment Control Plan, Zone 5 Water Line”, Sheets EC 5.01A through EC 5.02, prepared by ENGEO (collectively, the “Work”). The Plans and Specifications comprising the Work are on file with the City Engineer under Tracking No. ENG21-0007 and incorporated herein by reference.

G. Because the Work described above and in the Plans and Specifications has not been completed, Developer has requested to execute this Agreement as authorized by Government Code Section 66462.

H. NOW THEREFORE, THE PARTI ES MUTUALLY AGREE AS FOLLOWS:

1. Scope of Work; Location. Developer shall perform, or cause to be performed, the Work to the satisfaction of the City Engineer. The Work shall be performed, and all materials and labor shall be provided, at Developer’s expense, in the manner described in the Plans and Specifications. No change shall be made to the Work unless authorized in writing by the City Engineer. Developer may submit a written request to the City Engineer for a change in the scope of Work, as authorized by Tracy Municipal Code section 12.36.060(f). To the extent applicable, all of the Work shall be performed by Developer in accordance with the requirements of the State prevailing wage laws.

Developer shall perform all Work at the locations and grades shown on the Plans and Specifications. Developer (a) has acquired any necessary easements or rights-of-way, or (b) has entered into a separate Agreement with the City to acquire the necessary easements or rights-of-way, at Developer's expense.

2. Time of Performance. Time is of the essence in the performance of the Work, and the timing requirements set forth here shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Developer shall submit all requests for extensions of time to the City, in writing, no later than ten (10) days after the start of the condition that purportedly caused the delay, and not later than the date on which performance is due.

2.1. Commencement of Work. No later than fifteen (15) days before the beginning of Work, Developer shall provide written notice to the City Engineer of the date on which Developer will begin Work. Developer shall not begin Work until after the notice required by this section is properly provided, and Developer shall not begin Work before the date specified in the written notice.

2.2. Schedule of Work. Concurrently with the written notice of beginning of Work, Developer shall provide the City with a written schedule of Work, which shall be updated in writing as necessary to accurately reflect Developer’s prosecution of the Work.

DocuSign Envelope ID: F863CE54-4664-4D47-BFAB-A6F53BBA66AC City of Tracy - Offsite Improvement Agreement
Tracy Hills Zone 5 Water Line Improvements

2.3. Completion of Work. Developer shall complete all Work by no later than 365 days after Developer’s submittal of its notice of commencement of Work pursuant to Section 2.1 above. If the Work is not completed by this date, City Engineer may grant an extension of time if (a) Developer submits a written request for extension at least ten (10) days prior to expiring date of completion, (b) the City Engineer determines that Work is progressing satisfactorily and an extension is warranted, and (c) Developer pays all processing fees for such time extension.

3. Improvement Security. Concurrently with Developer’s execution of this Agreement, and before beginning any Work, Developer shall furnish contract security, in a form authorized by the Subdivision Map Act (including Government Code sections 66499 et seq.) and Tracy Municipal Code section 12.36.080, in the following amounts:

3.1. Faithful Performance security in the amount of $827,291.00 to secure faithful
performance of this Agreement (until the date on which the City Council accepts the Work as complete) under Government Code sections 66499.1, 66499.4, and 66499.9.

3.2. Labor and Material security in the amount of $ of $827,291.00 to secure payment by Developer to laborers and materialmen under Government Code sections 66499.2, 66499.3, and 66499.4.

3.3. Warranty security in the amount of $82,729.00 to guarantee improvements against any defective work or labor done or defective materials used in performance of Work for one year from the date on which the City Council accepts the Work as complete, under Government Code sections 66499.1, 66499.4, and 66499.9.

4. Indemnification. Developer shall indemnify, defend, and hold harmless City (including its elected officials, officers, agents and employees) from and against any and all claims, demands, damages, liabilities, costs, and expenses (including court costs and attorney’s fees) resulting from the performance of the Work by Developer or Developer’s agents, representatives, contractors, subcontractors, or employees, except when caused by the active negligence or willful misconduct of City, until such time as all of the following have occurred: (1) the City Council accepts all of the improvements comprising the Work, (2) the City becomes responsible for the maintenance, operation and repair of all of the improvements comprising the Work, and (3) the one year warranty period set forth in Section 12, below, has expired, at which time the indemnification obligations under this Section 4 shall automatically terminate, with regard to any cause of action arising after such date. For avoidance of doubt, Developer’s obligations under this Section 4 are in addition to all other Developer’s obligations set forth in this Agreement, and shall not affect Developer’s warranty obligations set forth in Section 12, below

5. Insurance. Concurrently with the execution of this Agreement by Developer, and before beginning any Work, Developer shall furnish evidence to the City that the following insurance requirements have been satisfied. The insurance requirements contained in this Section 5 are material terms of this Agreement. These insurance DocuSign Envelope ID: F863CE54-4664-4D47-BFAB-A6F53BBA66AC City of Tracy - Offsite Improvement Agreement
Tracy Hills Zone 5 Water Line Improvements

coverage requirements below may be satisfied by umbrella or excess liability policies upon City approval.

5.1. General. Developer shall, throughout the duration of this Agreement, maintain insurance to cover Developer, its agents, representatives, contractors, subcontractors, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

5.2. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01) coverage shall be maintained in an amount not less than $4,000,000 per occurrence and $8,000,000 general aggregate for general liability, bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property hazards.

5.3. Professional Contracts. Developer shall cause its design professionals to maintain professional liability insurance that insures against professional errors and omissions that may be made in performing services related to the Work to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Developer agrees to cause its design professionals to maintain continuous coverage through a period no less than three years after completion of the services required pursuant to this Agreement.

5.4. Automobile Liability (with coverage at least as broad as ISO form 00 01 07 97 for “any auto” including “hired autos” and “non-owned autos”) coverage shall be maintained in an amount not less than $2,000,000 per accident for bodily injury and property damage.

5.4.1. If Developer has no employees, or does not own automobiles, then “hired autos” and “non-owned autos” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

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

5.6. Endorsements. Developer shall obtain endorsements to the commercial general liability and automobile policies with the following provisions:

5.6.1. The City (including its elected and appointed officials, officers, employees, agents, and volunteers) shall be named as an Additional Insured on Developer’s Commercial General Liability policy utilizing endorsement form CG 20 10 (or its equivalent) for ongoing operations and CG 20 37 (or its equivalent) for products/completed operations.

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

5.6.3. Developer shall require its contractors and subcontractors providing services required by this Agreement (e.g. general contractors, design professionals) to name it and the City as Additional Insureds.

5.7. Notice of Cancellation. Developer shall notify the City of any cancellation of either the commercial general liability policy or automobile insurance policy before the expiration date. For the purpose of this notice requirement, any DocuSign Envelope ID: F863CE54-4664-4D47-BFAB-A6F53BBA66AC City of Tracy - Offsite Improvement Agreement
Tracy Hills Zone 5 Water Line Improvements